Environmental violations to be assessed based on new criteria

In Uzbekistan, it is proposed to assess certain environmental violations based on their impact on the environment and human health. The new draft regulation establishes criteria for identifying offenses with a low level of economic impact.

If the document is adopted, certain shortcomings that have not caused serious environmental damage and can be rectified in a short period will be approached based on the specifics of each case.

Which cases can be assessed as low-impact?

According to the draft regulation, for an offense to be classified as having a low level of economic impact, it must not have caused significant damage to the natural environment, human health, or natural resources.

Furthermore, it must be possible to eliminate the consequences of the violation within a short period.

It is proposed to include in this category shortcomings that are typically committed for the first time or are not systematic. However, each case will be studied individually and will not be automatically assessed as a minor offense.

Delayed reporting also included in the list

The draft lists a number of cases that can be assessed as low-impact.

These include:

• short-term delays in environmental reporting;

• technical errors in waste accounting;

• failure to complete landscaping work within the specified time;

• minor discrepancies in environmental calculations;

• other shortcomings that have not caused actual damage to the environment.

For example, if a technical error in a report can be corrected quickly and it has not caused damage to nature, the impact level of this case may be assessed as low.

The amount of damage will be the main criterion

Several factors will be taken into account when determining the level of an offense.

First and foremost, whether damage has been caused to the environment and the extent of that damage will be studied. Additionally, the duration of the consequences, how quickly the shortcoming can be rectified, and how the situation affects environmental and social safety will be evaluated.

If a violation poses a serious threat to human health, water, air, soil, or other natural resources, it cannot be assessed as a low-impact case.

The inspection will study each case individually

According to the draft, the Environmental Control Inspection will analyze each identified violation on an individual basis.

Inspection officers will study the causes of the situation, its consequences, and the possibilities for rectifying it. Following this, it is intended that appropriate recommendations for correcting the shortcoming will be provided.

This approach could allow for the distinction between accidental and easily rectifiable technical shortcomings and violations that cause serious environmental damage.

The document is still in the draft stage

These criteria are currently provided for in the draft regulation and are not yet final applicable rules.

If the document is adopted, a mechanism will be formed to approach environmental violations based on the level of damage, recurrence, and consequences. This is expected to serve the purpose of applying control measures proportionally to each individual case.