WATER CODE OF THE REPUBLIC OF AZERBAIJAN
WATER CODE OF THE REPUBLIC OF AZERBAIJAN[1]
Internal waters of the Republic of Azerbaijan and the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan are the national wealth of Azerbaijani people, used and protected as the base of the life and activities of the population and provide the existence of flora and fauna.
This Code shall govern the legal relations pertaining to the protection and use of water bodies in the Republic of Azerbaijan.
Part I
General Provisions
Chapter I
Main Provisions
Article 1. Basic terminology
The main terms used in this Code shall have the following definitions:
water body - naturally formed landscape or geological structure with boundaries and dimensions, in which the water is accumulated above (surface water) or below the ground (groundwater) in a manner characteristic of a water regime, in accordance with the shape of the relief;
water resources - volume of surface and groundwater contained in water bodies that are used or may be used;
water body user – natural or legal person granted the right to use water bodies;
water consumer - natural or legal person purchasing water from water body users for their own requirements;
water utility facility - systems and plants set up in connection with the use, restoration and protection of water resources;
contamination of water bodies - spilling or of harmful substances that deteriorate the quality of water and have a negative effect on the surface, bottom and surroundings of water bodies;
littering of water bodies – discharge of objects, various types of solid particles of man-made origin and household waste that complicate the use of water bodies;
adverse impact of waters – flooding, water logging and other impact of surface and ground waters on a certain area or facility.
Article 2. Water legislation of the Republic of Azerbaijan
The water legislation of the Republic of Azerbaijan shall consist of this Code and other normative legal acts adopted in accordance therewith.
In the event of any conflict between the provisions of this Code and those of international agreements of the Republic of Azerbaijan adopted with respect to the use and protection of water bodies, the provisions of such international agreements to which the Republic of Azerbaijan is a party shall prevail.
Water relations in the Alat free economic zone shall be regulated in accordance with the requirements of the Law of the Republic of Azerbaijan “On the Alat free economic zone”.[2]
Article 3. Governing of relations pertaining to the use and protection of water bodies
Relations pertaining to the use and protection of water bodies and their water resources (water relations) shall be governed by the water legislation of the Republic of Azerbaijan.
Relations pertaining to the use of water shall be governed by this Code, as well as the civil legislation, acts on sanitary-epidemiological health and other legislative acts of the Republic of Azerbaijan.
Relations pertaining to the drinking water supply and wastewater disposal shall be governed by this Code and the corresponding legislation of the Republic of Azerbaijan.
Relations pertaining to the exploration and protection of land, wood, subsoil, flora and fauna, atmospheric air and groundwater arising during the use and protection of water bodies, as well as property and other administrative relations, shall be governed by this Code and the corresponding legislation of the Republic of Azerbaijan.
Article 4. Objects of water relations
The objects of water relations shall be the water fund of the Republic of Azerbaijan (hereinafter referred to as “water fund”) and the land plots of the water fund.
Article 5. The water fund of the Republic of Azerbaijan
Internal waters of the Republic of Azerbaijan and the sector (water bodies) of the Caspian Sea (lake) belonging to the Republic of Azerbaijan constitute the water fund of the Republic of Azerbaijan.
The water fund of the Republic of Azerbaijan consists of surface, groundwater, transboundary water bodies and the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan due to its natural location, physical-geographical, administrative-territorial and other characteristics.
Article 6. Surface water bodies
Surface water bodies include surface water flows, surface water reservoirs, glaciers and snow caps.
Surface water bodies are composed of their surface water part, bed, bottom and shore.
Surface water bodies have a multi-purpose value and may be used for one or more purposes at the same time.
Article 7. Groundwater bodies
Groundwater bodies include waters accumulated in underground geological structures.
Groundwater bodies include:
aquifer - a layer (stratum) of rocks located within an underground geological structure bearing hydraulically bound water in its rock fractures, cracks and cavities;
groundwater basin - a set of aquifers, water cracks located inside a certain underground geological structure;
groundwater bed - part of an aquifer with favourable conditions for extraction of groundwater.
Article 8. Transboundary water bodies
Surface and groundwater bodies that define the interstate border, cross the border or the state border of the Republic of Azerbaijan, are considered to be transboundary water bodies.
The rules governing the use and protection of transboundary water bodies shall be prescribed by this Code, legislation of the Republic of Azerbaijan on the state border, international treaties and agreements to which the Republic of Azerbaijan is a party.
Article 9. Sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan
The rules governing the use and protection of the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan shall be established by this Code, other legislative acts of the Republic of Azerbaijan and international legal acts to which the Republic of Azerbaijan is a party.
Article 10. Lands of the water fund
The water fund lands shall include the following land plots:
lands under the internal waters of the Republic of Azerbaijan and the sector (water bodies) of the Caspian Sea (lake) belonging to the Republic of Azerbaijan;
lands, islands and swamps under water protection zones and coastal strips;
lands under waterworks, reclamation and water utility facilities.
Article 11. Subjects of water relations
The subjects of water relations shall be the Republic of Azerbaijan, the Nakhchivan Autonomous Republic, municipalities, water body users and water consumers.
The respective executive authorities shall participate in water relations within the scope of their authority on behalf of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic.
Municipalities shall participate in water relations within the scope of their authority set out by the legislative acts that define their status.
Water body users and water consumers shall participate in water relations to meet their needs and carry out entrepreneurial activities as envisaged by the legislation of the Republic of Azerbaijan.
Chapter II
Types of ownership of water bodies
Article 12. State ownership of water bodies
The following water bodies shall be kept in state ownership:
the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan;
transboundary water bodies;
surface and groundwater bodies of state and local importance;
specially protected water bodies.
State-owned water bodies may be granted for use, leased and transferred to municipal ownership as envisaged by the legislation.
State administration of the use and protection of state-owned water bodies shall be carried out by the Respective executive authorities within the scope of their authority.
Article 13. Municipal ownership of water bodies
Water bodies of local importance located on the land plots owned by a municipality shall be transferred to municipal ownership as envisaged by the legislation of the Republic of Azerbaijan.
Water bodies that are in municipal ownership may be granted for general use, use and lease to natural and legal persons, as well as the ownership of citizens and legal persons of the Republic of Azerbaijan as envisaged by the legislation of the Republic of Azerbaijan.
State administration of the use and protection of water bodies owned by municipalities shall be carried out by municipalities within the powers granted to them by the legislation.
Article 14. Private ownership of water bodies
Small water reservoirs located on privately owned land plots, which do not have hydraulic connections and watercourses with other waters, may be transferred to private ownership as envisaged by the legislation of the Republic of Azerbaijan.
Private ownership of water bodies may not be granted to persons who are not citizens of the Republic of Azerbaijan and to legal persons of foreign states.
Article 15. Ownership of water utility facilities
The following forms of ownership of water utility facilities are established: state, municipal and private.
Water utility facilities kept under the state ownership or transferred to municipal and private ownership shall be prescribed by the relevant legislation of the Republic of Azerbaijan.
Part II
Water Body Use and Protection Management
Chapter III
Organization of the water body use and protection management
Article 16. Basic principles of water body use and protection management
Water body use and protection management shall be based on the following principles:
economic development and environmental protection;
supply of quality water for the population;
reconciliation of the territorial structure principle with the basin principle; [3]
differentiation of the water body protection management functions from the water body use and water utility functions.
Article 17. Water body use and protection management system
The water body use and protection management system shall include the Respective executive authorities of the Republic of Azerbaijan, the Nakhchivan Autonomous Republic, water body users authorized by such authorities in compliance with the rules prescribed by the legislation and municipalities.
Article 18. Duties of the state with respect to the water body use and protection management
Duties of the state with respect to the water body use and protection management are as follows:
to determine the state policy for the use and protection of water bodies;
to implement investment policy with respect to the use and protection of water bodies
to approve and implement state programs on the use and protection of water bodies and prevention of the adverse impacts of water, and to organize supervision over their implementation;
to implement scientific-technical policy with respect to the use and protection of water bodies;
to determine procedures governing the state monitoring of water bodies and maintaining the state water cadastre, surface and groundwater records;
to establish rules governing the use of water bodies and ensure their implementation;
to determine rules for granting permit for the use of water bodies for special purposes; [4]
to determine rules for establishment of water body protection zones, coastal protection strips, and conditions for using areas belonging to them;
to determine the principles of economic regulation of the use, restoration and protection of water bodies, the fee for the use of water bodies and water and the rules for their payment, as well as concessions and exemptions for water use; [5]
to determine rules for organizing and implementing the state supervision over the use and protection of water bodies;
to approve standards, norms and rules governing the use and protection of water bodies;
to provide a state ecological expert appraisal of construction and reconstruction projects of utility and other facilities that affect the condition of water bodies;
to prohibit the commissioning of technical plants, equipment, enterprises and other facilities that have adverse impact on the condition of waters and to restrict, suspend and prohibit their operation;
to determine the mode of use of specially protected water bodies, drinking water supply sources, as well as their sanitary protection zones and districts;
to prepare and implement measures against flood waters, as well as for prevention and elimination of the consequences of other adverse impact of waters;
to determine measures aimed at preventing the results of disasters, accidents and ecological crises and eliminating their consequences, and organize their implementation;
to determine the destinations of fee-based use of water in water bodies;[6]
to perform other duties prescribed by the water legislation of the Republic of Azerbaijan governing the use and protection of water bodies
concessions and exemptions for water use shall be applied only to water taken from natural water sources for the following purposes: [7]
provision of untreated water to the authority (institution) prescribed by the respective executive authority;
supply of drinking water by the authority (institution) prescribed by the respective executive authority;
use of water for the production of electricity by the authority (institution) prescribed by the respective executive authority.
Article 19. Duties of the Nakhchivan Autonomous Republic with respect to the water body use and protection management
Duties of the Nakhchivan Autonomous Republic with respect to the water body use and protection management are as follows:
to develop, approve, implement and supervise the implementation of programs for the use, restoration and protection of water bodies;
to carry out state monitoring of the use and protection of water bodies;
to restrict, suspend and prohibit the use of water bodies as envisaged by the legislation;
to prepare and implement measures against flood waters, for prevention and elimination of the consequences of other adverse impact of waters, as well as restoration of water utility bodies destroyed or damaged as a result of natural disasters or accidents;
to prohibit the use of utility or other facilities that have a negative impact on the condition of waters, and to restrict, suspend and prohibit their operation;
to carry out other duties prescribed by the legislation of the Republic of Azerbaijan with respect to the use and protection of water bodies.
Article 20. Powers of municipalities with respect to the water body use and protection
Powers of municipalities with respect to the use and protection of water bodies include:
to own, use and dispose of municipality-owned water reservoirs;
to supervise and control compliance with environmental protection measures in relevant areas during implementation of measures for the use and protection of water bodies;
to determine water intake from the water bodies located in relevant areas for drinking and domestic water supply purposes, the beach, places where cattle watering is prohibited and other conditions of general water use, as well as places of use of water bodies for recreational and sports purposes by agreement with the respective executive authorities; [8]
to exercise other powers established by the legislation of the Republic of Azerbaijan with respect to the water body use and protection.
Chapter IV
State regulation with respect to the use and protection of water bodies
Article 21. Water utility balances
Water utility balances consist of comparative reports on water resources and water demand in the relevant area.
Water utility management balances are compiled in order to estimate the availability and degree of utilization of water resources within the water bodies of respective areas, and are used for planning and decision-making on the use and protection of water bodies.
Water utility balances shall be compiled by the Respective executive authorities of the republic, of water basins and administrative-territorial units, as well as the institutions created by the respective executive authority in accordance with the rules set forth by the respective executive authority.[9]
The procedure for approval of the annual water utility balance of the republic by the respective executive authority shall be prescribed by the respective executive authority.[10]
Article 22. Schemes for integrated use and protection of water resources
Schemes for the integrated use and protection of water resources include structured research and project materials on the condition of water resources and the prospects for the use and protection of water bodies.
Schemes for the integrated use and protection of water resources are developed in order to determine water utility measures and estimate the country’s prospective demand for water resources, ensure the efficient use and protection of water bodies, as well as prevent and eliminate the consequences of the adverse impact of waters.
Schemes for the integrated use and protection of water resources shall be developed by the respective executive authorities.
Procedures governing the development, coordination, state expert appraisal, approval and implementation of schemes for the integrated use and protection of water resources shall be prescribed by the respective executive authority.
Article 23. State programs on the use and protection of water bodies and prevention of the adverse impact of waters
In order to prepare and implement measures for the use and protection of water bodies and prevention of adverse impact of waters, state programs are developed on the basis of water utility balances, schemes for the integrated use and protection of water resources and the state water cadastre data.
State programs on the use and protection of water bodies shall be developed and implemented by the respective executive authorities, taking into consideration the proposals of municipalities, water body users and public organizations as envisaged by the legislation.
A strategic environmental assessment (SEA) document shall be prepared for the drafts of these programs and a state environmental expert appraisal of that document shall be carried out as envisaged by the Law "On Environmental Impact Assessment" of the Republic of Azerbaijan.[11]
Article 24. State monitoring of water bodies
State monitoring of water bodies is a system of regular monitoring of hydrological and hydro-geological indicators of water bodies to ensure timely detection and assessment of the changes in the condition of water bodies, predict the development of such processes and prevent their adverse impact, and ensure the efficiency of water protection measures being implemented.
State monitoring of water bodies is part of the system of state monitoring of environment.
State monitoring of water bodies shall be carried out by the Respective executive authorities as envisaged by the legislation of the Republic of Azerbaijan
Article 25. State water accounting
The state water accounting consists of regular identification of the quantity and quality of water resources available in the relevant area in compliance with the prescribed rules.
The state water accounting is carried out to ensure current and long-term planning for the effective use and protection of water bodies.
The state water accounting data characterize the condition of surface and groundwater bodies in terms of their quantitative and qualitative indicators, their study and utilization rate.
The state water accounting shall be carried out in accordance with the unified system established by the respective executive authority in the Republic of Azerbaijan and based on the state monitoring accounting data and the data obtained from water body users.
Article 26. State water cadastre
The state water cadastre is a collection of data about water bodies, water resources, use of water bodies and users of water bodies. The state water cadastre shall be maintained in accordance with the unified system in the Republic of Azerbaijan and based on the state water accounting data.
It is mandatory for the users of water bodies to submit the data to be included in the state water cadastre to the respective executive authorities.
The state water cadastre data shall be the basis for decision-making by the respective executive authorities.
The state water cadastre shall be maintained by the Respective executive authorities as envisaged by the legislation of the Republic of Azerbaijan.
Article 27. State ecological expert appraisal of projects for the construction and reconstruction of management and other facilities affecting the condition of water bodies
In order to determine the compliance of construction and reconstruction projects for utility and other facilities affecting the condition of water bodies with the relevant norms, technical conditions and requirements, an Environmental Impact Assessment (EIA) document of construction projects shall be prepared in accordance with the Law of the Republic of Azerbaijan "On Environmental Impact Assessment" and the state ecological examination of that document shall be carried out by the Respective executive authorities as envisaged by the Law of the Republic of Azerbaijan “On Environmental Protection”.[12]
Article 28. State control over the use and protection of water bodies
State control over the use and protection of water bodies shall ensure observation of the:
rules governing the use and protection of water bodies;
water usage limits;
sanitary-hygienic, ecological, hydro-geological, hydrological, technological and metrological standards, rules and norms governing the use and protection of water bodies;
mode of use of the territory of water protection zones and other requirements set forth in the water legislation of the Republic of Azerbaijan.
Procedures for exercising the state control over the use and protection of water bodies shall be established by the respective executive authorities.
Article 29. Standardization of the use and protection of water bodies
Standardization of the use and protection of water bodies consists of determining water usage limits and developing and adopting sanitary-hygienic, ecological, hydro-geological, hydrological, technological, metrological standards, norms and rules governing the use and protection of water bodies.
Rules of standardization of the use and protection of water bodies shall be determined by the respective executive authority.
Part III
Water Body Use and Protection
Chapter V
Water body use
Article 30. Users of water bodies
Enterprises, offices, organizations and other legal entities (hereinafter referred to as “legal persons”) regardless of the form of ownership, citizens of the Republic of Azerbaijan, foreigners, stateless persons (hereinafter referred to as “natural persons”) may be users of water bodies in accordance with the legislation of the Republic of Azerbaijan.
Users of water bodies may grant water for use of legal and natural persons (consumers) as envisaged by the legislation.
Rules and conditions of water use, the mutual rights and duties of the parties shall be regulated on the basis of contracts.
Article 31. Right to use water bodies
Legal and natural persons that are not owners of water bodies may have the following rights with respect to water bodies:
long-term use of water bodies;
short-term use of water bodies;
limited use of water bodies (water servitudes).
Users of water bodies shall use the water bodies in the manner prescribed by this Code.
Users of water bodies may dispose of the right to use water bodies in the cases provided for by this Code.
Leasing of water bodies shall be carried out in accordance with this Code as envisaged by the leasing legislation of the Republic of Azerbaijan.
A change in the course of a river or other changes in the location of water bodies shall not change the right to use water bodies or result in termination of the right to use them, unless otherwise provided for by this Code.
Article 32. The right to long-term and short-term use of water bodies
State-owned water bodies, depending on their purpose of use, reserve potential and ecological condition, may be transferred to natural or legal persons for long-term or short-term use as envisaged by the legislation of the Republic of Azerbaijan.
The right to a short-term use of water bodies is established for a period of up to 3 years, and the right for a long-term use of water bodies is established for a period of up to 25 years.
The term of the right to use water bodies may be extended as envisaged by the legislation.
Article 33. Limited right to use water bodies (water servitude)
The rights of legal and natural persons who have been granted the right to use or own water bodies may be limited in favour of other persons in the form of general or special water servitudes.
In the case of a general water servitude, any person may use a public water body and other water bodies, unless otherwise provided in the legislation of the Republic of Azerbaijan.
In the case of a special water servitude, interested persons may use the water bodies that are in the private use of other persons. A special water servitude may also be established on the basis of a court decision.
General provisions on servitudes provided for in the civil legislation shall be applied to the extent that they do not contradict the requirements of this Code.
General and special water servitudes may be established for the following purposes:
to take (withdraw) water without applying technical means and devices;
to water cattle and move it across a water body;
to use water bodies as waterways for ferries, boats, and other small watercraft.
Other water servitudes may be established in the water legislation of the Republic of Azerbaijan.
No permit is required for the exercise of water servitudes. [13]
Article 34. Obtaining the right to use water bodies
The right to use water bodies may be obtained as envisaged by the legislation of the Republic of Azerbaijan. Types of the use of water bodies that require a permit and the rules for granting a permit shall be determined by the respective executive authorities. [14]
In the event a user of water bodies - a natural person dies or a user of water bodies - a legal person is reorganized, the right to use water bodies shall be transferred to their heirs.
The right to use water bodies may be transferred from one person to another in accordance with this Code provided that the purposes of the use of water bodies are not changed.
Rights to privately owned water bodies shall be obtained in compliance with the civil legislation, land legislation and this Code.
Article 35. Types of use of water bodies
Water bodies may be used for the following purposes:
drinking water and domestic supply;
health treatment, resort and wellness;
recreation and sports;
industry, construction and power engineering;
agriculture;
forestry;
hydropower;
transportation;
fishery, including aquaculture;[15]
hunting;
discharge of wastewaters;
fire protection and other purposes.
A water body or its part may be granted for use for one or several purposes at the same time.
Article 36. Use of water bodies for public purposes
Public water bodies are publicly accessible water bodies open to everybody. Natural persons use such water bodies free of charge for their own needs (beach, boating, sport, amateur fishing and hunting of other aquatic biological resources, watering cattle, taking (withdrawing) water without using technical devices, etc.). [16]
When using water bodies for public purposes, the requirements of the authorities responsible for environmental protection and state sanitary supervision, protection of fish and other aquatic biological resources and regulation of ship traffic, as well as the rules for protection of human life on the water and efficient use and protection of waters, shall be observed. [17]
To protect the life and health of the population and create necessary sanitary conditions, the Respective executive authorities and municipalities may, within the scope of their authority, determine the places where beaches, boating, fishing and hunting of other aquatic biological resources, water intake (withdrawal) for drinking water and domestic needs, watering of cattle and other water use are prohibited, and establish other conditions for using water bodies located in relevant cities, districts, residential areas or rural settlements for public purposes. [18]
Consent to the public use of water in water bodies owned by natural and legal persons, leased or granted for separate use, may be given on the conditions determined by the owners and users of the water body or by the decision of the respective executive authorities.
Strips of land for public use are allocated along the shorelines of water bodies. Every person has the right to use such strips for moving along, fishing and hunting of other aquatic biological resources and mooring of boats. [19]
The use of water in public water bodies may be restricted only in the cases envisaged by the legislation of the Republic of Azerbaijan.
Public water bodies shall be determined by the respective executive authorities.
Article 37. Separate use of water bodies
Separately used water bodies are water bodies used by a limited number of persons.
State-owned water bodies or parts thereof may be granted for separate use for the purposes of defence, power engineering, transportation and other state or public needs by the decision of the respective executive authority as envisaged by the legislation of the Republic of Azerbaijan. [20]
The purpose and main conditions of using water bodies shall be specified in the decision to grant water bodies for separate use.
Water bodies granted for separate use shall be removed from the list of public water bodies.
Water bodies granted for separate use may, in exceptional cases, be granted for public use or taken back by the decision of the respective executive authority.
Article 38. Use of water bodies for special purposes
Water bodies shall be used for special purposes on the basis of a permit in order to meet the population’s drinking water, household, health treatment, wellness and other needs, as well as state or public needs related to agriculture and forestry, industry, power engineering, transportation, fishery and other fields with the use of technical devices and equipment.
Types of the use of water bodies for special purposes shall be determined by respective executive authorities.[21]
A state fee shall be charged for granting a permit to use water bodies for special purposes in the amount established by the Law of the Republic of Azerbaijan "On State Fee".[22]
Article 39. Water use limits
Water use limits are the permitted volumes of taking (withdrawing) water resources from water bodies or discharging of wastewater into water bodies determined for each user and consumer of water bodies.
The rules for the development and implementation of water use limits shall be determined by the respective executive authority.
Article 40. Rules for granting water bodies for use
Water bodies shall be granted for use on the basis of a use permit and a water use contract. [23]
Surface water bodies shall be granted for use in compliance with the rules provided for in the water legislation of the Republic of Azerbaijan, provided that the water area, water intake and wastewater disposal areas are allocated.
Ground waters shall be granted for use in the manner prescribed by the legislation of the Republic of Azerbaijan and Law “On Subsoil Resources” of the Republic of Azerbaijan.
The Azerbaijani sector of the Caspian Sea (lake) and boundary waters shall be granted for use as envisaged by the legislation of the Republic of Azerbaijan and international agreements to which the Republic of Azerbaijan is a party.
Article 41. Anti-monopoly requirements for the use of water bodies
Monopolistic practices and unfair competition among water users that infringe or may infringe upon the rights and legitimate interests of other water users, as well as other natural or legal persons, are prohibited by law.
Respective executive authorities are prohibited from adopting decisions and acting in a way which may lead to monopolization of water use, create discriminatory conditions for the activities of individual water body users, and thereby result in violation of the rights and legal interests of other water body users.
A material breach of the rights and legal interests of other water body users leading to a monopoly in the field of water use shall entail the application of the sanctions provided for in the legislation of the Republic of Azerbaijan.
Article 42. Restriction, suspension or prohibition of the use of water bodies
The use of water bodies or part thereof may be restricted, suspended and prohibited as envisaged by the legislation of the Republic of Azerbaijan in order to ensure the protection and security of the country, public health, environment and historical and cultural heritage, as well as the legitimate rights and interests of other persons.
Restriction, suspension or prohibition of the use of water bodies shall be effected on the basis of a report of Respective executive authorities in compliance with this Code and other legislative acts of the Republic of Azerbaijan.
Chapter VI.
Rights and duties of users of water bodies
Article 43. Rights of the users of water bodies
Users of water bodies shall have the following rights:
to reuse water;
to build appropriate facilities and plants for using water bodies for special purposes;
to examine the quantity and quality of consumption water and wastewaters;
to demand compensation for the water not received in the volume prescribed by the contract (except for the cases provided for by the legislation);
to exercise other rights specified in the water legislation of the Republic of Azerbaijan.
Violated rights of the users of water bodies shall be rectified as envisaged by the legislation.
Article 44. Termination of the right to use water
The right of legal and natural persons to use water shall be terminated in the following cases, irrespective of the type of ownership:
absence of need or refusal to use water;
expiration of the term for the use of water bodies;
liquidation of a legal person;
transfer of a water body to another person in violation of the legislation;
withdrawal of a water body from separate use;
failure to pay the fee for the use of water and disposal of wastewaters; [24]
failure to pay the fee for the use of water, taking into consideration the requirements of the second part of Article 18 of this Code;
failure to use a water body for its intended purpose (except for the right to use it for drinking water and domestic needs) and other cases provided by the legislation.
Article 45. Duties of water users
Duties of water users are as follows:
to use water bodies efficiently, ensure economical use of water and improvement of water quality;
to comply with plans, limits, rules, norms and regimes for water use;
to not allow the discharge of wastewaters containing higher than the established norm of contaminating substances into water bodies;
to not allow violation of the rights granted to other users of water bodies, as well as the damaging of utility and natural facilities (land, wood, fauna, mineral resources, etc.) on the basis of water servitudes;
to use water bodies according to their intended purposes;
to maintain water utility devices and technical equipment in good condition and improve their working quality;
to maintain the water use accounting;
to pay water use fee, as well as payments and penalties for discharge of wastewaters to water bodies and environment in due time, taking into consideration the requirements of part two of Article 18 of this Code; [25]
To carry out other duties specified by the water legislation of the Republic of Azerbaijan.
Article 46. Indemnification for damage caused as a result of water utility activities
Any damage caused to natural or legal persons as a result of taking water utility measures, terminating the right to use water bodies or changing the conditions of water use, shall be indemnified in compliance with the rules prescribed by the legislation of the Republic of Azerbaijan.
Chapter VII
Use of water bodies for drinking water, domestic, health treatment-resort, wellness, recreational and sports purposes of the population
Article 47. Water bodies granted for drinking water and domestic needs of the population
Water bodies, the water quality of which meets established sanitary norms and state standards, are granted for use in order to meet the drinking water and domestic needs of the population.
Drinking water supply of the population, as a rule, is provided through centralized water supply facilities.
In the absence of a water pipeline, water from rivers, wells, springs and other water sources may be used to meet the drinking and domestic needs of the population only in accordance with the sanitary standards established by the legislation.
The sources of natural water to be used by the population for drinking water and domestic needs per residence areas shall be determined by the municipalities in accordance with the legislation and with the approval of the respective executive authorities.
Article 48. Restricting the use of drinking waters for other purposes
Drinking water, as a rule, is not allowed to be used for purposes other than drinking water and domestic needs.
In regions with insufficient surface water sources and plenty of drinking groundwater resources, drinking water may be used for other purposes with the consent of respective executive authorities.
Article 49. Use of water bodies categorized as health treatment facilities
Water bodies located in the territory of the Republic of Azerbaijan and possessing natural medicinal properties are classified as health treatment facilities by the decision of the respective executive authority.
Water bodies classified as health treatment facilities shall be used primarily for treatment and resort purposes.
In exceptional cases, water bodies classified as health treatment facilities may be used for other purposes with the consent of respective executive authorities.
Disposal of wastewaters into water bodies classified as health treatment facilities shall not be allowed.
Article 50. Use of water bodies for recreational and sports purposes
In compliance with the requirements of Article 36 of this Code, it is allowed to use public water bodies for recreational and sports purposes without obtaining a permit. [26]
To ensure the organization of mass recreation and meet the needs of sports grounds, water bodies may be or granted for separate use in whole or in part.
Use of water bodies for recreational and sports purposes may be prohibited or restricted in the cases provided for and as envisaged by Articles 36 and 37 of this Code.
The rules for using water bodies for recreational and sports purposes shall be prescribed by the Statue approved by the respective executive authorities.
Chapter VIII
Use of water bodies for agricultural needs
Article 51. Use of water bodies for agricultural needs
Water bodies shall be used for agricultural needs in the manner established for general and special purposes, provided that the water use limits are observed.
Water bodies shall be used for agricultural needs on the basis of on-farm and system-wide plans.
Article 52. On-farm water use plans
On-farm water use plans shall be developed by water users.
On-farm water use plans shall be approved by the respective executive authority in accordance with the established procedure.
On-farm water use plans shall take into account the water demand of all water consumers regardless of the form and type of ownership.
Article 53. System-wide water use plans
System-wide water use plans shall be developed on the basis of irrigation systems of regional and republican importance.
System-wide water use plans shall be developed by the users of water bodies on the basis of on-farm water use plans and water use contracts.
System-wide water use plans shall be approved in accordance with the procedure established by respective executive authorities.
Water use contracts shall be concluded between users of water bodies and water consumers.
Water use contracts shall specify the location and quantity of water granted for use, the term of the contract, mutual duties of the parties and other relevant information.
Article 54. Changing the water use plan
A water use plan may be changed in the following cases only with the consent of the body that approved it:
water shortages;
weather changes and changes in irrigation norms or areas to be irrigated;
refusal by water consumers to use the water allocated to them according to the plan;
other cases determined by respective executive authorities.
In emergency cases, users of water bodies may change the water use plan and suspend water supply. They must immediately inform water consumers and the respective executive authority that approved the water use plan about these actions. Undelivered water may be paid at later periods depending on the condition of water sources.
Article 55. Use of water reservoirs located in areas belonging to land owners and users for agricultural purposes
Agricultural enterprises, family farms and other legal and natural persons shall have the right to use springs, underground water supplies and other natural water sources located in land plots granted to their use or ownership and to build reservoirs and other water utility facilities on such sources as envisaged by the legislation. [27]
Such legal and natural persons shall have the right to carry out large-scale land improvement work in the land plots granted for their ownership and use for agricultural purposes or to reorganize and cancel the land improvement work performed in compliance with the rules governing the use and protection of waters established by the respective executive authorities.
Article 56. Use of wastewaters for agricultural purposes
Wastewaters may be used for agricultural purposes subject to the agreement of respective executive authorities.
Article 57. Irrigation of forest strips and forest tree nurseries
Irrigation of forest strips and forest tree nurseries shall be carried out in compliance with the rules for using water bodies for agricultural purposes.
Article 58. Determining areas to be used for moving and watering cattle and passage of vehicles
It is prohibited to move cattle through canals and other waterworks, and to drive tractors, agricultural machines, cars and other vehicles through the territory of water bodies not allocated for this purpose.
Watering cattle in rivers, canals and other surface reservoirs shall be allowed only in areas allocated for this purpose or if there are specially made watering grounds.
Areas allocated for passage of vehicles and agricultural machines, moving and watering cattle shall be determined by Respective executive authorities and marked with special signs.
Roads for moving cattle shall be supplied with water subject to the rules and conditions determined by the respective executive authority.
Chapter IX
Use of water bodies for industrial and hydropower purposes
Article 59. Use of water bodies for industrial purposes
Service waters shall, as a rule, be used for industrial needs.
Users of water bodies for industrial purposes shall comply with the established limits, technological norms and rules on water use, as well as take measures to reduce water expenses and prevent the discharge of wastewaters by improving production technology and water supply schemes.
Enterprises using drinking water for technical purposes as envisaged by the legislation must, as a rule, switch to a circulating water supply system.
Article 60. Limiting the use of water bodies for industrial purposes
In cases of natural disasters, accidents and other emergencies, or when an enterprise uses drinking water in excess of the allocated limit, the respective executive authority may limit or prohibit the intake (withdrawal) of drinking water from water pipelines for industrial needs primarily for the purpose of meeting the drinking water and domestic needs of the population, as well as temporarily reduce the intake of drinking water for industrial purposes from drinking water supply pipelines administered by individual enterprises, departments and organizations.
Article 61. Use of groundwater for technical supply and other production needs
Groundwater not categorized as drinking or health treatment waters may be used for technical supply and industrial purposes, including extraction of chemical elements contained in them, purchase of thermal energy and other purposes in compliance with the procedure established by respective executive authority.
Article 62. Use of water bodies for extraction of minerals
Extraction of minerals from water bodies, carrying out geological exploration and drilling works and construction of underground facilities shall be carried out as envisaged by the Law of the Republic of Azerbaijan “On Subsoil Resources” and this Code.
Article 63. Use of water bodies for hydropower purposes
Water bodies shall be used for hydropower purposes in accordance with the rules established by the respective executive authority, taking into account the interests of other sectors of economy and in compliance with the conditions for the integrated use of waters.
Water bodies granted for hydropower needs may be used for other purposes at the same time.
Hydropower enterprises must comply with the established rules for the use of water bodies, water reservoir filling and operating regimes, ensure the unimpeded and safe passage of ships and ferries, as well as the release of fish to spawning grounds.
Chapter X
Use of water bodies for transportation purposes
Article 64. Public waterways
Rivers, lakes, water reservoirs, canals of the Republic of Azerbaijan, the sector of the Caspian Sea (lake) and other surface water bodies belonging to the Republic of Azerbaijan shall be public waterways, provided that such use is not entirely or partially prohibited or that such water bodies are not granted for separate use.
Legal and natural persons may use public waterways for the navigation of their water vehicles as envisaged by the legislation of the Republic of Azerbaijan.
Article 65. Rules for the use of water bodies for water and air transportation purposes
The rules for assigning water bodies to the category of water public waterways and their use for water and air transportation purposes shall be determined by the respective executive authority as envisaged by the legislation of the Republic of Azerbaijan.
Chapter XI
Use of water bodies for fishing and hunting
Article 66. Use of water bodies for fishing
Water bodies for hunting, collecting and aquaculture of fish and other aquatic biological resources, or parts thereof shall be used for fishing purposes as envisaged by the legislation of the Republic of Azerbaijan. [28]
Legal and natural persons using fishery water bodies shall take necessary actions to protect such water reservoirs against contamination and littering. [29]
With the consent of the respective executive authority, users of water bodies are obliged to carry out fish breeding and fishery reclamation measures that ensure the improvement of the condition of water reservoirs and the restoration of fish and other aquatic biological resources, as well as maintain the places of installation of fishing tools in proper sanitary condition. [30]
Article 67. Use of water reservoirs located in areas belonging to owners and users of land for fishing, hunting of other aquatic biological resources and aquaculture purposes [31]
Legal and natural persons may use the ponds, oxbow lakes and pools located on the land plots owned or used by them for fishing, hunting of other aquatic biological resources and aquaculture.
The above mentioned water bodies shall be used for fishing, hunting of other aquatic biological resources and aquaculture in compliance with the rules established by the respective executive authorities.
Article 68. Use of water bodies for sport and amateur fishing and hunting of other aquatic biological resources [32]
With the exception of specially protected natural areas and fish breeding farms, other fishery water bodies may be used for sport and amateur fishing and hunting of other aquatic biological resources in compliance with this Code and other regulatory legal acts on the use of water bodies.[33]
Respective executive authorities shall allocate state-owned fishing water bodies or a part thereof for the above-mentioned purposes. [34]
Sport and amateur fishing and hunting of other aquatic biological resources may be carried out in water bodies allocated for the organization of fisheries, with the consent of the owners and users of those bodies. [35]
Article 69. Restriction of the rights of fishery water body users in water reservoirs of fishery importance [36]
In order to protect and replenish valuable species of fish and other aquatic biological resources, the rights of persons using the waters of important fishery water bodies or parts thereof may be restricted in favour of fisheries. The list of such water bodies and the rules for restricting water use shall be determined by respective executive authorities. [37]
Article 70. Operation of waterworks in fishery water bodies [38]
Measures shall be taken to ensure the protection and stock rebuilding of fish and other aquatic biological resources during the operation of waterworks and other plants in fishery water bodies. [39]
When water is taken form fishery water bodies, they shall be equipped with fish protection devices. [40]
Article 71. Protection of fishery water bodies against contamination, littering and depletion [41]
It shall be prohibited to carry out the following actions in fishery water bodies: [42]
to build dikes and restore destroyed dikes in spawning grounds without the consent of the respective executive authority;
to create piles or obstacles in rivers, river tributaries and canals or to release water from lakes and harbours, with the exception of cases where sanitary and waterworks measures are taken with the consent of the relevant authorities;
to discharge wood manufacturing waste materials into water reservoirs and collect them at the shore of those reservoirs and in the floodplains.
to discharge the excavated soil extracted during the dredging and bottom cleaning works into fish spawning places and wintering basins;
other cases established by the legislation of the Republic of Azerbaijan.
Article 72. Use of water bodies for hunting purposes
Water bodies assigned to the category of hunting bodies inhabited by waterfowl and valuable fur-bearing animals shall be granted for use for hunting purposes as envisaged in the legislation of the Republic of Azerbaijan.
Article 73. Rules for the use of water bodies for fishing and hunting husbandry purposes
The rules for the use of water bodies for fishing and hunting husbandry purposes shall be determined by the respective executive authority of the Republic of Azerbaijan.
Chapter XII
Use of specially protected water bodies
Article 74. Specially protected water bodies
Water bodies of special scientific, historic, cultural, aesthetic and nature protection importance are specially protected water bodies.
These bodies shall be declared inviolable in accordance with the legislation of the Republic of Azerbaijan.
Specially protected water bodies shall be removed from economic activity in whole or in part, permanently or temporarily, on the proposal of the Respective executive authorities in accordance with the legislation of the Republic of Azerbaijan.
Specially protected water bodies are categorized as specially protected water bodies of republican, regional and local importance.
Specially protected water bodies may exist as a separate natural area or as part of specially protected natural area determined by the legislation of the Republic of Azerbaijan.
The following categories of specially protected water bodies are distinguished:
Areas of internal waters of the Republic of Azerbaijan and the waters of the Caspian Sea (lake) belonging to the Republic of Azerbaijan;
water - swamp areas;
running waters and water reservoirs belonging to a rare natural landscape;
protection zones of the source and mouth of water bodies;
spawning and wintering places of valuable fish species;
water bodies that are inextricably linked with forests, flora and fauna and other specially protected natural resources.
The assignment of specially protected water bodies to categories shall be performed in accordance with the procedure established by respective executive authority.
The legislation of the Republic of Azerbaijan may also provide for other categories of specially protected water bodies.
Article 75. Use of the water of specially protected water bodies
The rules for using water from specially protected water bodies shall be determined by the relevant legislation.
It is prohibited to hunt and collect fish and other aquatic biological resources from specially protected water bodies, and to carry out other activities that change the natural condition of these water bodies. [43]
The discharge of wastewaters into specially protected water bodies or reservoirs feeding them shall be allowed, if there are no other possibilities, with the consent of relevant the executive authority in compliance with the requirements of Articles 77-79 of this Code.
Works that can change the natural condition of specially protected water bodies may be carried out only with the consent of the respective executive authority.
Article 76. Removal of the inviolability of specially protected water bodies
The inviolability of specially protected water bodies may be removed only in the most necessary cases by the decision of the respective executive authority.
Chapter XIII
Use of water bodies for wastewater disposal, fire protection and other purposes
Article 77. Use of water bodies for wastewater discharge
Use of water bodies for the discharge of industrial, communal, domestic, drainage and other wastewaters may be permitted with the consent of the respective executive authorities as envisaged by the legislation of the Republic of Azerbaijan.
The regulations on the use of water bodies for wastewater discharge shall be determined by the respective executive authority.
Article 78. Wastewater discharge into water bodies
The discharge of wastewater into water bodies shall be allowed only in cases when the quantity of contaminating substances in those water bodies does not exceed the established norms and users of water bodies clean the wastewater and bring it to the established standards.
It is strictly prohibited to discharge wastewaters into water reservoirs used as a source of drinking water or drinking groundwater recharge.
Article 79. Restriction, suspension and prohibition of wastewater discharge into water bodies
In the event the requirements of Article 78 of this Code are violated, the discharge of wastewaters into water bodies shall be restricted or prohibited by respective executive authorities.
In cases where the discharge of wastewaters is dangerous for public health, the activities of industrial facilities and enterprises shall be suspended.
Article 80. Use of water bodies for fire protection purposes
Water intake (withdrawal) for fire protection purposes is permitted from all water bodies in the required volume and free of charge. [44]
It is prohibited to use the water taken for fire protection and the bodies where this water is stored for any purpose other than the intended purpose.[45]
The rules for use of water bodies for fire protection purposes shall be determined by the respective executive authority.
Chapter XIV
Protection of water bodies
Article 81. Protection of waters
All waters (water bodies) shall be protected and secured against any contamination, littering and depletion, which could harm the public health as a result of changes in their physical, chemical, biological properties, reduction of their natural purification capacity and violation of the hydrological and hydro-geological regime of waters, as well as lead to the reduction of fish and other aquatic biological resources, deterioration of water supply conditions and other adverse conditions. [46]
The rules for the protection of water (water bodies), their protection against contamination, littering and depletion, as well as the improvement of the quality and regime of waters shall be determined by the respective executive authority.
Article 82. Water protection zones
Water protection zones shall be established to maintain water bodies in accordance with environmental requirements, to prevent the contamination, littering and depletion of surface and groundwaters, as well as to protect the habitats of animals and plants.
A water protection zone shall be an area adjacent to the water area of a water body, where a special regime has been established for the use and protection of natural resources and the implementation of other economic activities.
Coastal protection strips shall be established within the boundaries of water protection zones. Ploughing and planting of land, tree felling, uprooting of trees and shrubs, placement of livestock farms and camps, cemeteries, landfills, as well as other types of activities are prohibited in the coastal protection strips, except for the cases provided by this Code.
Water supply, recreation, sport, fishing and hunting facilities, as well as harbour plants and waterworks may be placed in coastal protection strips on the basis of a permit. [47]
The rules for determining the sizes, boundaries and use of water protection zones and their coastal protection strips shall be established by the respective executive authority.
Water protection zones of water bodies possessing drinking water sources and spawning grounds shall be declared as specially protected areas as envisaged by the legislation of the Republic of Azerbaijan.
Article 83. Granting the land plots in water protection zones for use
The land plots located in water protection zones may be granted for use of natural and legal persons with the consent of Respective executive authorities in compliance with the land legislation of the Republic of Azerbaijan and the rules established by this Code.
State control over compliance with the regime of use and protection of natural resources in water protection zones and other economic activities of natural and legal persons shall be carried out by Respective executive authorities within the scope of their authority.
Article 84. Protection of water bodies from contamination and littering
Natural and legal persons whose activities affect the quality of water shall be prohibited from:
discharging industrial, household and other waste into water bodies;
contaminating and littering waters with oils, wood, chemical, petroleum and other products leaked as a result of technical and technological malfunctions;
contaminating and littering water catchment areas, water reservoirs, snow and ice covers, glacier surfaces with industrial and domestic waste and petroleum products;
burial of industrial and domestic wastes in sanitary protection zones of water sources and mineral springs, in places where fractured rocks and aquifers come to the surface, as well as in water reservoir areas of underground water bodies used for drinking water supply and household needs; [48]
pollute waters with radioactive and poisonous chemical substances;
burial of industrial and domestic waste in areas with groundwater, farms and drinking water reservoirs. [49]
Discharge of wastewaters into water bodies may be permitted subject to the requirements provided for in Articles 77-79 of this Code.
Article 85. Establishment of sanitary protection zones
Sanitary protection zones shall be established as envisaged by the legislation of the Republic of Azerbaijan in order to protect the water used for drinking and domestic water supply, health treatment, resort and wellness needs.
Article 86. Establishment of water-conservation forest belts
To maintain a favourable water regime of rivers, lakes, reservoirs, canals, collectors, groundwater and other water bodies, prevent water and wind erosion of soils, silting of water reservoirs, deterioration of living conditions for aquatic animals, reduce unnecessary surface water flows and other purposes, water-retaining and soil protection forest belts shall be established around water bodies.
Control over the protection of water-conservation forest belts shall be carried out by the respective executive authorities, and they shall have the right to suspend or prohibit any works that have a harmful impact on the condition of water bodies.
Article 87. Protection of surface waters
Enterprises whose activity negatively affects surface water bodies shall take measures to maintain the quantity, quality, and purity of the waters of surface water bodies together with the respective executive authorities.
Water protection zones of surface water bodies and the rules for using them shall be determined by the respective executive authority.
Article 88. Protection of ground waters
Upon discovery of groundwater aquifers during drilling and other mining operations in connection with the prospecting, exploration and use of gas, oil and other mineral deposits, the organizations engaged in mine works shall immediately inform the Respective executive authorities and take measures for protection of ground waters in the prescribed manner.
Gushers, as well as exploratory wells that have become unusable or decommissioned must be equipped with regulatory devices, shut down or liquidated.
In areas with deposits of drinking groundwater, it is not allowed to build solid and liquid waste collectors, landfills, as well as to place industrial, agricultural and other facilities that may be a source of groundwater pollution by their activities.
Control over the protection of ground waters shall be carried out by the respective executive authorities as envisaged by the legislation of the Republic of Azerbaijan.
Article 89. Permitted norms of the harmful impact on water bodies
Permitted norms of the harmful impact on water bodies shall be prescribed by the relevant legislation of the Republic of Azerbaijan.
Permitted norms of the harmful impact on water bodies shall be determined by the respective executive authority.
Article 90. Ecological discharge of water
In order to maintain water bodies in a condition that meets the relevant environmental requirements, water is released from reservoirs (ecological water discharge) and the amount of water intake (withdrawal) without restoration is determined.
Ecological water discharge and the volume of water intake (withdrawal) without restoration for each water body shall be determined by the Respective executive authorities as envisaged by the legislation of the Republic of Azerbaijan.
It is not allowed to meet the water demand of water consumers at the expense of ecological water discharges.
Article 91. Zones of emergency ecological situation and environmental disaster in water bodies
The respective executive authority may declare water bodies (part of them) and their catchment areas that may pose a threat to people, flora and fauna, and the environment as a result of economic activity or natural processes, as zones of emergency ecological situation and environmental disaster.
The legal regime of the zones of emergency ecological situation and environmental disaster shall be prescribed by the legislation of the Republic of Azerbaijan.
Article 92. Prevention of the adverse impact of waters and elimination of its consequences
The Respective executive authorities and users of water bodies shall take relevant measures in order to prevent and eliminate the consequences of:
floods, water logging and inundations;
destruction of the shores of dikes and other facilities;
erosion, swamping and salinization of soil;
formation of ravines, landslides and soil subsidence, floods and other harmful phenomena.
In order to prevent the harmful impact of waters and eliminate its consequences, special commissions shall be established by the Respective executive authorities in the cases provided for by the legislation of the Republic of Azerbaijan. The decisions taken by such commissions within the scope of their authority shall be obligatory for natural and legal persons.
The Respective executive authorities and municipalities shall organize the implementation of prevention and elimination of emergency situations caused by floods and strong floods in the territory of territorial units. [50]
In the event of a natural disaster and accident in water bodies, users of water bodies shall participate in the measures taken to prevent and eliminate the consequences of the adverse impact of waters. Those measures shall be carried out in coordination with the Respective executive authorities and municipalities.
Article 93. Basin agreements on restoration and protection of water bodies
Basin agreements on restoration and protection of water bodies may be concluded for the purpose of coordinating and unifying activities aimed at restoration and protection of water bodies.
Basin agreements shall be concluded between the respective executive authorities, municipalities and water users.
In order to implement the goals and objectives of the basin agreement, a special water fund may be created to finance measures for restoration and protection of water bodies in accordance with the legislation of the Republic of Azerbaijan.
Basin agreements shall be prepared on the basis of water utility balances, schemes for integrated use and protection of water resources, state programs for the use, restoration and protection of water bodies and other projects based on the proposals from the respective executive authorities.
Chapter XV
Placement, design, construction, restoration and operation of enterprises, plants and other facilities that affect the condition of waters
Article 94. Conditions for placement, design, construction, restoration and commissioning of enterprises, plants and other facilities that affect the condition of waters
During the placement, design, construction, restoration and commissioning of new and refurbished enterprises, plants and other facilities that affect the condition of waters, as well as during implementation of new technological processes, efficient use of waters shall be ensured taking into account the public opinion, provided that the drinking and household needs of the population are met. This shall take into account measures aimed at maintaining records of the water taken from water bodies and returned to them, protecting water from contamination, littering and depletion, preventing the adverse impacts of water, limiting land flooding to the minimum required level, protecting soils from salinization, water logging or drying out, as well as maintaining favourable natural conditions and preserving landscapes.
During the placement, design, construction and commissioning of new and refurbished enterprises, plants and other facilities in fishery water bodies, in addition to the above measures, measures shall be implemented to ensure creation of conditions for the protection and replenishment of fish and other aquatic biological resources.[51]
The project for the construction of enterprises, plants and other facilities that affect the condition of waters shall be developed taking into account the possibility of using water bodies for recreation and sports.
An Environmental Impact Assessment (EIA) document of the construction projects of enterprises, plants and other facilities that affect the condition of waters projects shall be prepared and a state environmental expert appraisal of that document shall be carried out as envisaged by the Law "On Environmental Impact Assessment" of the Republic of Azerbaijan.[52]
If the existing enterprises, plants and other facilities that affect the condition of waters comply with environmental requirements for environmental impact indicators, the preparation of an Environmental Impact Assessment (EIA) document for reconstruction of those facilities or for replacement of existing plants and equipment in those facilities is not required, however, appropriate amendments shall be made to the documents issued by the authority (institution) prescribed by the respective executive authority in respect of those facilities (Waste Disposal Limit (WDL), Effluent Discharge Limit (EDL), Environmental Passport), taking into account the requirements of regulatory legal acts and technical regulatory legal acts in the field of environmental protection.
In the event that during the operation of existing enterprises, plants and other facilities that affect the condition of waters, the conditions for natural resource use do not meet environmental requirements in terms of environmental impact indicators, or if different technologies and technological methods than those envisaged in the initial project are applied, a new Environmental Impact Assessment (EIA) of those facilities shall be carried out.
If transboundary impact of enterprises, plants and other facilities that affect the condition of waters is identified during the Environmental Impact Assessment (EIA), the issues of assessing the transboundary impact of these facilities shall be resolved in accordance with international treaties to which the Republic of Azerbaijan is a party.[53]
Article 95. Prohibition of the use of enterprises, plants and other facilities that affect the condition of waters
The use of newly built and refurbished enterprises, plants and other facilities that affect the condition of waters shall be prohibited in the following cases:
plants preventing contamination and littering of waters or their adverse impact are not provided;
measures envisaged by the projects to prevent the flooding, swamping, salinization and erosion of soil are not taken;
water receivers and other plants provided for by the projects are not ready;
fish protection structures and fish-passes provided for by the projects are not built;
water intake unit for extraction of groundwater, the reserves of which have not been confirmed;
water wells that are not equipped with water-regulation structures and, where applicable, water wells, the sanitary protection zones of which have not been established;
water reservoirs are filled with water before the bed development measures envisaged by the projects are carried out, and other cases affecting the condition of waters.
Part IV
Economic regulation of the use and protection of water bodies, settlement of disputes and liability for violation of the water legislation
Chapter XVI
Economic regulation of measures for the use and protection of water bodies
Article 96. Principles of the economic regulation of measures for the use and protection of water bodies
Economic regulation of measures for the use and protection of water bodies shall be based on the following principles:
fee-based use of water, taking into account the requirements of part two of Article 18 of this Code; [54]
paid use of water, taking into account the requirements of part two of Article 18 of this Code;
funding of measures for the use and protection of water bodies.
Article 97. Use of water on a fee basis[55]
The use of water in the Republic of Azerbaijan shall be fee-based, taking into account the requirements of part two of Article 18 of this Code. [56]
The purpose of the fee-based use of water shall be to reimburse the state expenses incurred on water supply, ensure the self-financing activity of water utility enterprises, departments and organizations, provide financial incentive in the efficient and economical use of water resources and the improvement of water protection, maintain accurate water records and to stimulate investments in water utility.
The rules for the fee-based use of water in the Republic of Azerbaijan shall be approved by the respective executive authority.[57]
The rules and conditions for the fee-based use of water at municipal water utility bodies shall be prescribed by this Code, other relevant legislative acts, as well as municipal acts.[58]
Article 98. Establishment of fees for water use
Water use fees shall be established by the respective executive authority.[59]
Fee amounts shall be differentiated with respect to individual water utility systems depending on the quality, purpose of use (drinking water, service water, irrigation water, etc.), technical level of water utility bodies, methods of water intake (withdrawal) and transportation, and other factors affecting the production cost.
When calculating fee amounts for the use of ground waters, the expenses incurred for their prospecting, exploration and appraisal shall also be taken into account in accordance with the legislation.[60]
Concessions for water use shall be determined by the legislation of the Republic of Azerbaijan. [61]
Fee amounts for water use in municipality-owned water bodies shall be determined by the municipalities in accordance with the procedure specified in the manner prescribed by part one of this article.
Fee amounts for water use in privately owned water bodies shall be determined on the basis of contracts between owners and water consumers.
Article 99. Types and rules of payment for the use of water bodies
The following types of payment shall be established for the use of water bodies:
for taking (withdrawing) water from water bodies for special purposes and discharging wastewaters into water bodies;
for using water bodies for hydropower and transportation needs;
for using water bodies for extraction of minerals from water bodies, carrying out geological exploration and drilling works in water bodies, building and operating underwater structures;
for using water bodies for organized sports, recreation and tourism purposes;
for use for other purposes provided for by the legislation.
The types and rules of payment for the use of water bodies shall be determined by the respective executive authority.
Article 100. Funding of measures for the use and protection of water bodies
Measures for the use and protection of water bodies of national importance shall be financed from the state budget on the basis of relevant programs.
Measures for the use and protection of water bodies granted for separate use shall be financed by the owners and users of the water bodies.
Measures for prevention of the adverse impact of waters and elimination of its consequences shall be financed at the expense of the users of water bodies, owners, local budgets and the state budget in accordance with the law.
Chapter XVII
Settlement of disputes concerning use and protection of water bodies and liability for violation of the water legislation
Article 101. Settlement of disputes concerning use and protection of water bodies
Disputes between natural and legal persons concerning the use and protection of water bodies shall be settled in court in accordance with the legislation of the Republic of Azerbaijan.
Article 102. Invalidity of deals
Deals made in violation of the water legislation shall be invalid.
Article 103. Liability for violation of the water legislation of the Republic of Azerbaijan
Officials, natural and legal persons who violate the water legislation shall bear civil, material, administrative and criminal liability in accordance with the legislation of the Republic of Azerbaijan in the following cases:[62]
in cases specified in Article 102 of this Code;
unauthorized occupation or use of water bodies;
unauthorized construction of waterworks and other plants in water bodies;
violation of the conditions for the use of water bodies established by a permit; [63]
non-observance of the limits on the use of water bodies;
failure to supply consumers with water within predetermined deadlines and volumes;
contamination, littering and depletion of water bodies;
operation of enterprises, utility and other bodies without facilities and equipment that prevent contamination, littering and depletion of water bodies and adverse impact of waters;
excessive utilization of water reserves;
contamination of water by violating the protection regime of water bodies in catchment areas, causing water erosion of soil and other harmful situations;
unauthorized implementation of works that fall under competence of waterworks and community water utility;
in case of damage caused to water utility plants and equipment, failure to comply with the rules for their operation;
violation of the rules for operation of water utility plants and equipment;
using water bodies for any purpose other than the intended purpose;[64]
unauthorized withdrawal of water from water pipelines, canals and other water systems, as well as unintended discharge of drinking, domestic, service and wastewaters outside (into fields, streets, communication and energy communication networks);
deteriorating the ameliorative condition of soils by destroying collectors and drainage systems;
failure to pay the water use fees and penalties for violating the rules of water use, as well as payments for wastewater discharged into water bodies and the environment;
drilling wells for water extraction without the necessary permit or violating the rules and technology of drilling wells for water extraction;[65]
failure to comply with water protection zones and coastal protection strips;
failure to comply with the rules governing the state monitoring of water bodies, state water accounting and state water cadastre;
violating the regime of specially protected water bodies;
failure to follow instructions of authorities controlling the use and protection of water bodies;
violating the requirements of sanitary protection zones of drinking water sources, water treatment facilities and water pipelines;
non-compliance of drinking water quality with sanitary requirements and state standards, and in other cases provided for by the legislation of the Republic of Azerbaijan.
Article 104. Return of the water bodies captured without authorization
The Respective executive authorities shall have the right to suspend such activities and use of water from these sources in case of violation of the established rules for the use and protection of water.
Water bodies captured without authorization shall be returned to their respective owners without reimbursement of expenses incurred during illegal use.
Article 105. Reimbursement of damages caused by violation of water legislation
Natural and legal persons must compensate for the damage caused by violation of the water legislation, as envisaged by the legislation of the Republic of Azerbaijan.
Laws that introduced amendments and supplements to the Code
- Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan” in connection with introduction of the Law of the Republic of Azerbaijan 692-IQD dated 22 June 1999 “On Industrial and Domestic Waste” (Legislative Collection of the Republic of Azerbaijan, 1999, No. 8, Article 476)
- Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan and Repeal of the Decree of the Presidium of the Azerbaijan SSR Supreme Soviet On the Procedure for Resolving Issues related to Administrative-Territorial Structure of the Azerbaijan SSR” in connection with introduction of the Law No. 306-IIQD of the Republic of Azerbaijan “On the Territorial Structure and Administrative-Territorial Division” dated 19 April 2002 (Legislative Collection of the Republic of Azerbaijan, 2002, No. 5, Article 237)
- Law of the Republic of Azerbaijan “On Supplements to the Water Code of the Republic of Azerbaijan” in connection with introduction of the Law No. 392-IIQD of the Republic of Azerbaijan “On Water Utility of Municipalities” dated 3 December 2002 (Legislative Collection of the Republic of Azerbaijan, 2003, No. 1, Article 10)
- Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan and Repeal of Some Legislative Acts” in connection with introduction of the Law No. 568-IIQD of the Republic of Azerbaijan “On Approval and Enforcement of the Administrative Offences Code of the Republic of Azerbaijan and Related Issues of Legal Regulation” dated 30 December 2003 (Legislative collection of the Republic of Azerbaijan, 2004, No. 2, Article 57)
- Law of the Republic of Azerbaijan No. 155-IIIQD dated 10 October 2006 (Legislative Collection of the Republic of Azerbaijan, 2006, No. 11, Article 923)
- Law of the Republic of Azerbaijan No. 314-IIIQD dated 17 April 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 5, Article 436)
- Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938)
- Law of the Republic of Azerbaijan No. 524-IIIQD dated 25 December 2007 (Legislative Collection of the Republic of Azerbaijan, 2008, No. 2, Article 47)
- Law of the Republic of Azerbaijan 1129-IVQD dated 16 December 2014 (Respublika newspaper, 5 February 2015, No. 027, Legislative Collection of the Republic of Azerbaijan, 2015, No. 2, Article 72)
- By the Law of the Republic of Azerbaijan 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357)
- Law of the Republic of Azerbaijan 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631)
- Law of the Republic of Azerbaijan 1403-VQD dated 28 December 2018 (Azerbaijan newspaper, 31 January 2019, No. 24, Legislative Collection of the Republic of Azerbaijan, 2019, No. 01, Article 20)
- Law of the Republic of Azerbaijan 1578-VQD dated 3 May 2019 (Azerbaijan newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 987)
- Law of the Republic of Azerbaijan 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485)
- Law of the Republic of Azerbaijan 416-VIQD dated 3 December 2021 (Azerbaijan newspaper, 31 December 2021, No. 286, Legislative Collection of the Republic of Azerbaijan, 2021 No. 12, Article 1315)
LIST OF AMENDMENTS AND SUPPLEMENTS TO THE CODE
[1] Approved by the Law of the Republic of Azerbaijan No. 418-IQ dated 26 December 1997 “On Approval of the Water Code of the Republic of Azerbaijan” (Legislative Collection of the Republic of Azerbaijan, 1998, No. 3, Article 135).
[2] By the Law of the Republic of Azerbaijan 1403-VQD dated 28 December 2018 (Azerbaijan newspaper, 31 January 2019, No. 24, Legislative Collection of the Republic of Azerbaijan, 2019, No. 01, Article 20), a new content third part was added to Article 2.
[3] By the Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan and Repeal of the Decree of the Presidium of the Azerbaijan SSR Supreme Soviet On the Procedure for Resolving Issues related to Administrative-Territorial Structure of the Azerbaijan SSR” in connection with introduction of the Law No. 306-IIQD of the Republic of Azerbaijan “On the Territorial Structure and Administrative-Territorial Division” dated 19 April 2002 (Legislative collection of the Republic of Azerbaijan, 2002, No. 5, Article 237), the words “administrative territory” were replaced by the words “territorial structure” in the fourth paragraph of Article 16.
[4] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in the eighth paragraph of Article 18.
[5] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “concessions and exemptions for water use” were added to the tenth paragraph of part one of Article 18.
[6] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), a new content eighth paragraph was added to Article 18.
[7] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), a new content eighteenth paragraph was added to Article 18.
[8] By the Law of the Republic of Azerbaijan “On Supplements to the Water Code of the Republic of Azerbaijan” in connection with introduction of the Law No. 392-IIQD of the Republic of Azerbaijan “On the Water Utility of Municipalities” dated 3 December 2002 (Legislative Collection of the Republic of Azerbaijan, 2003, No. 1, Article 10), the words “by agreement with the respective executive authorities” were added after the words “places of use” in the fourth paragraph of Article 20.
[9] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), the word “by” has been replaced by the words “as well as the institutions created by the respective executive authority in accordance with the rules set forth by the respective executive authority” in part three of Article 21.
[10] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), a new content fourth part was added to Article 21.
[11] By the Law of the Republic of Azerbaijan No. 1578-VQD dated 3 May 2019 (Azerbaijan newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 987), a new content third part was added to Article 23.
[12] By the Law of the Republic of Azerbaijan No. 1578-VQD dated 3 May 2019 (Azerbaijan newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 987), the word “conducted” in Article 27 has been replaced by the words “Environmental Impact Assessment (EIA) document of construction projects shall be prepared in accordance with the Law of the Republic of Azerbaijan “On Environmental Impact Assessment and... of that document”, and the words “legislation of the Republic of Azerbaijan” were replaced by the words “Law of the Republic of Azerbaijan “On Environmental Protection”.
[13] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in the seventh part of Article 33.
[14] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” and the words “and the rules for granting a permit” were added after the word “types” in the second sentence of part one of Article 34.
[15] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “including aquaculture” were added after the word “fishing” in the tenth paragraph of Article 35.
[16] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “amateur fishing” were replaced by the words “amateur fishing and hunting of other aquatic biological resources” in part one of Article 36.
[17] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “nature protection” were replaced by the words “environmental protection” and the words “fish reserves” were replaced by the words “fish and other aquatic biological resources” in part two of Article 36.
[18] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “and ... of other aquatic biological resources” were added after the word “fishing” in part three of Article 36.
[19] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the word “fishing” has been replaced by the words “fishing and hunting of other aquatic biological resources” in the second sentence of the fifth third part of Article 36.
[20] By the Law of the Republic of Azerbaijan No. 314-IIIQD dated 17 April 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 5, Article 436), the words “other state and municipality needs” were replaced by the words “other state or public needs” in part two of Article 37.
[21] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in Article 38.
[22] By the Law of the Republic of Azerbaijan No. 416-VIQD dated 3 December 2021 (Azerbaijan newspaper, 31 December 2021, No. 286, Legislative Collection of the Republic of Azerbaijan, 2021, No. 12, Article 1315), a new content third part was added to Article 38.
[23] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in part one of Article 40.
[24] By the Law of the Republic of Azerbaijan No 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “water use and” were removed from the seventh paragraph of the first part of Article 44, and a new content eighth paragraph was added to that section.
[25] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “taking into consideration the requirements of part two of Article 18 of this Code” were added after the words “water use fee” in the ninth paragraph of part one of Article 45.
[26] By the Law of the Republic of Azerbaijan No. 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in part one of Article 50.
[27] By the Law of the Republic of Azerbaijan No. 155-IIIQD dated 10 October 2006 (Legislative Collection of the Republic of Azerbaijan, 2006, No. 11, Article 923), the words “peasant (farmer)” were replaced by the words “family farm” in part one of Article 55.
[28] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “of significant importance for breeding, replenishment and hunting of fish resources” were replaced by the words “hunting, collecting and aquaculture of fish and other aquatic biological resources” in part one of Article 66.
[29] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs of fishery importance or individual parts of them” were replaced by the words “fishery water bodies” in part two of Article 36.
[30] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “fish resources” were replaced by the words “fish and other aquatic biological resources” and the words “fish farming reclamation” were replaced by the words “fishery reclamation” in part three of Article 36.
[31] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “fish breeding and fishing” were replaced by the words “fishing, hunting of other aquatic biological resources and aquaculture” in the title, as well as in the first and second parts of Article 67.
[32] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “sport and amateur fishing” were replaced by the words “sport and amateur fishing and hunting of other aquatic biological resources” in the title of Article 68.
[33] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), part one of Article 68 was revised.
The previous edition stated the following:
All water reservoirs except for reserves, fish-breeding and fish-cultivation farms may be used for sport and amateur fishing subject to the rules envisaged in the legislation of the Azerbaijan Republic.
[34] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs” were replaced by the words “state-owned fishing water bodies” in part two of Article 68.
[35] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “Sport and amateur fishing” were replaced by the words “Sport and amateur fishing and hunting of other aquatic biological resources” in part three of Article 68.
[36] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “in water reservoirs of fishery importance” were deleted from the title of Article 69.
[37] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “valuable fish species, water animals and plants” were replaced by the words “valuable species of fish and other aquatic biological resources” in the first sentence and the words “reservoirs” were replaced by the words “water bodies” in the second sentence of Article 68.
[38] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 201 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs of ... importance” were replaced by the words “water bodies”.
[39] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “fish resources” were replaced by the words “fish and other aquatic biological resources” in part one of Article 70.
[40] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs of... significance” were replaced by the words “water bodies”.
[41] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words, “reservoirs of... significance” were replaced by the words “water bodies” in the title of Article 71.
[42] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs of... significance” were replaced by the words “water bodies” in the first paragraph of Article 71.
[43] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “catch fish, hunt, gather water plants” were replaced by the words “to hunt and collect fish and other aquatic biological resources” in part two of Article 75.
[44] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “in the required volume and free of charge” were added after the words “water bodies” in part one of Article 80.
[45] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), a new content eighteenth paragraph was added to Article 80.
[46] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “fish resources” were replaced by the words “fish and other aquatic biological resources” in part one of Article 81.
[47] By the Law of the Republic of Azerbaijan number 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in part four of Article 82.
[48] By the Law of the Republic of Azerbaijan No. 524-IIIQD dated 25 December 2007 (Legislative Collection of the Republic of Azerbaijan, 2008, No. 2, Article 47), a new content fifth paragraph was added to Article 84 and the previous fifth paragraph was deemed as the sixth paragraph.
[49] By the Law of the Republic of Azerbaijan No. 524-IIIQD dated 25 December 2007 (Legislative Collection of the Republic of Azerbaijan, 2008, No. 2, Article 47), the sixth paragraph of part one of Article 84 was removed.
[50] By the Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan and Repeal of the Decree of the Presidium of the Azerbaijan SSR Supreme Soviet On the Procedure for Resolving Issues related to Administrative-Territorial Structure of the Azerbaijan SSR” in connection with introduction of the Law No. 306-IIQD of the Republic of Azerbaijan “On the Territorial Structure and Administrative-Territorial Division” dated 19 April 2002 (Legislative Collection of the Republic of Azerbaijan, 2002, No. 5, Article 237), the words “administrative districts” were replaced by the words “territorial units” in part three of Article 92.
[51] By the Law of the Republic of Azerbaijan No. 1220-IVQD dated 6 March 2015 (Respublika newspaper, 5 April 2015, No. 070, Legislative Collection of the Republic of Azerbaijan, 2015, No. 4, Article 357), the words “water reservoirs of... significance” were replaced by the words “water bodies” and the words “fish, other aquatic flora and fauna” were replaced by the words “fish and other aquatic biological resources” in part two of Article 94.
[52] By the Law of the Republic of Azerbaijan No. 1578-VQD dated 3 May 2019 (Azerbaijan newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 987), part four of Article 94 was revised.
The previous edition stated the following:
Identification of locations for construction of enterprises, installations and other facilities that affect the condition of waters, coordination of these construction projects, as well as the rules governing their state expert appraisal and commissioning shall be determined by the respective executive authority.
[53] By the Law of the Republic of Azerbaijan No. 1578-VQD dated 3 May 2019 (Azerbaijan newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 987), the new content fifth-seventh parts were added to Article 94.
[54] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “taking into consideration the requirements of part two of Article 18 of this Code” were added before the word “water” in the second paragraph and before the words “water bodies” in the third paragraph of part one of Article 96.
[55] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), the word “paid” has been replaced by the word “fee-based” in the second paragraph of Article 96, as well as the title, parts one, two and four of Article 97.
[56] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), the words “except in the cases stipulated in this Code” were replaced by the words “taking into account the requirements of part two of Article 18 of this Code” in part one of Article 97.
[57] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), part three of Article 97 was revised.
The previous edition stated the following:
The rules for the paid use of water shall be determined in accordance with a statute approved by respective executive authorities.
[58] By the Law of the Republic of Azerbaijan “On Supplements to the Water Code of the Republic of Azerbaijan|” in connection with introduction of the Law No. 392-IIQD of the Republic of Azerbaijan “On Water Utility of Municipalities” dated 3 December 2002 (Legislative Collection of the Republic of Azerbaijan, 2003, No. 1, Article 10), a new fourth part was added to Article 97.
[59] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), part one of Article 98 was revised.
The previous edition stated the following:
Fee amounts for the use of water shall be based on the price of the water used.
[60] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), part three of Article 98 was repealed.
[61] By the Law of the Republic of Azerbaijan No. 1652-VQD dated 12 July 2019 (Azerbaijan newspaper, 15 September 2019, No. 203, Legislative Collection of the Republic of Azerbaijan, 2019, No. 9, Article 1485), part three of Article 98 was repealed.
[62] By the Law of the Republic of Azerbaijan No. 1129-IVQD dated 16 December 2014 (Respublika newspaper, 5 February 2015, No. 027, Legislative Collection of the Republic of Azerbaijan, 2015, No. 2, Article 72), the words “and citizens” were replaced by the words “natural and legal persons” in the first paragraph of Article 103.
[63] By the Law of the Republic of Azerbaijan number 429-IIIQD dated 9 October 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 10, Article 938), the words “special agreement” were replaced by the word “permit” in the fifth paragraph of Article 103.
[64] By the Law of the Republic of Azerbaijan No. 759-VQD dated 30 June 2017 (Azerbaijan newspaper, 7 September 2017, No. 193, Legislative Collection of the Republic of Azerbaijan, 2017, No. 9, Article 1631), the fifteenth paragraph of Article 103 was revised.
The previous edition stated the following:
using drinking water for watering greenery and washing vehicles, as well as non-designated purposes;
[65] By the Law of the Republic of Azerbaijan “On Amendments and Supplements to Some Legislative Acts of the Republic of Azerbaijan and Repeal of Some Legislative Acts” in connection with introduction of the Law No. 568-IIQD of the Republic of Azerbaijan “On Approval and Enforcement of the Administrative Offences Code of the Republic of Azerbaijan and Related Issues of Legal Regulation” dated 30 December 2003 (Legislative Collection of the Republic of Azerbaijan, 2004, No. 2, Article 57), the words “drilling wells for water extraction without the necessary permit or” were added at the beginning of the nineteenth paragraph of Article 103.
