OFFICIAL TRANSLATION
REPUBLIC OF LITHUANIA
LAW ON PROTECTED AREAS
9 November 1993 No I-301
(As last amended on 4 December 2001 – No IX-628)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law shall specify the public relations related to protected areas, the system of protected areas, the legal basis for the establishment, protection, management and control of protected areas as well as regulate the carrying out of activities therein.
Article 2. Definitions
1. “Restorative plots” shall mean the protected areas intended for the protection, restoration, enhancement of the species of natural resources or complexes thereof which have been impoverished by activities and for restricted use of natural resources.
2. “Areas of restorative protection priority (restoration and maintenance areas)” shall mean the areas in which the natural resources of importance to activities and society are protected, restored, maintained, enhanced and made restricted use of.
3. “Community” shall mean the totality of various species of living organisms existing within a defined space and at a specific time.
4. “Biological diversity” shall mean the variety of species of living organisms, communities and habitats thereof, ecosystems and genetic diversity.
5. “Areas of biosphere monitoring” shall mean the protected areas (strict biosphere reserves and biosphere grounds) established for the global and regional monitoring of biosphere and conducting of environmental experiments, also for the preservation of the natural complexes located therein.
6. “Conservation status of a habitat” shall mean a status whereby the general influence acting on a habitat and its typical species may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species.
7. “Areas of importance for habitat protection” shall mean the protected areas intended for the protection or restoration of natural habitat types of Community interest, habitats of protected species of fauna and flora by reason of their importance for the preservation of species of fauna and flora.
8. “Reserves” shall mean the protected areas established for the preservation of the natural and/or cultural sites valuable from the scientific or cognitive point of view, the territorial complexes and objects (properties) of natural and cultural heritage located therein, landscape and biological diversity as well as gene pool. Preservation of the properties located in these areas shall be ensured without terminating economic activities therein.
9. “Areas of ecological protection priority (protection areas)” shall mean the areas in which the ecological balance of landscape is maintained, adverse impact on the protected territorial complexes and objects (properties) of natural and cultural heritage or adverse impact of anthropogenic objects and activities on the environment is avoided.
10. “Zones of ecological protection” shall mean the territories in which activity restrictions are set in order to protect neighbouring territories or objects as well as the environment against a potential adverse impact of the activity.
11. “Ecological network” shall mean a part of the nature frame covering habitats of the greatest bioecological significance, environment thereof as well as corridors for fauna and flora migration.
12. “Ecologically important areas” shall mean the areas of importance for the protection of landscape, biological diversity and waters.
13. “Ecosystem” shall mean a functional system of living organisms and their living environment whose components are linked by mutual interrelationship, metabolism and energy exchange processes.
14. “Site of Community importance” shall mean an area intended for the protection of types and species of natural habitats as well as for ensuring of the coherence of the European ecological network “Natura 2000”.
15. “European ecological network “Natura 2000”” shall mean a common network of protected areas of Community importance which consists of the areas of importance for the protection of habitats and birds and is designed to preserve, maintain and, when necessary, restore the natural types of habitats and species of fauna and flora in the territory of the European Community.
16. “Nature frame” shall mean a coherent network of natural ecological compensation areas ensuring the ecological balance of landscape, natural links between protected areas, other areas or habitats of importance for environmental protection, also migration of fauna and flora between them.
18. “Genetic plots” shall mean the protected areas intended for the preservation of seed forest stands and natural genetic resources of other species.
19. “Complex protected areas” shall mean the areas characterised by a natural and/or cultural coherence covering the zones of priority of various protection directions, also recreational and economic zones under a general programme for protection, management and use.
20. “Areas of conservational protection priority (preservation areas)” shall mean the areas protecting unique or typical complexes and objects of natural and/or cultural landscape and biological diversity.
21. “Landscape” shall mean a territorial compound of the land surface natural (surface rocks, ground level air, surface and ground waters, soil, living organisms) and/or anthropogenic (archaeological remnants, structures, engineering installations, land and information field) components related by material, energy and information links.
22. “Cultural landscape” means a landscape created as a result of human activities and reflecting his co-existence with the environment.
23. “Natural habitat” shall mean the terrestrial or aquatic areas distinguished by geographical, abiotic and biotic features, whether entirely natural or semi-natural.
24. “Areas of importance for the protection of birds” shall mean the protected areas intended for the preservation of the natural populations of species of wild birds in their range, also for the preservation of nesting, moulting, feeding, roost and migration concentration sites of migrating birds taking account of the need therefor in a specific aquatic or terrestrial range.
25. “Objects of heritage” shall mean the objects of natural and cultural heritage which are separate or form dense groups, namely, the elements of landscape for which, by reason of their value, a special protection and use regime has been established by legal acts.
26. “Regulations on the protection of objects of heritage” shall mean the documents specifying the terms and conditions of management and use of these objects.
27. “Cognitive tourism” shall mean a branch of tourism focused on the targeted cognition of the nature of a country and territorial complexes and objects (properties) of cultural heritage, landscape and history, also intended for scientific and educational purposes.
28. “Recreation” shall mean the process of recovering of a person’s physical and spiritual capacities, a person’s leisure activity whose purpose is to rest, travel and receive medical treatment at sanatoriums and in resorts.
29. “Strict reserves” shall mean the protected areas set up in order to preserve and conduct research of the natural or cultural territorial complexes of particular scientific value, ensure the unaffected course of natural processes or maintenance of authenticity of cultural properties, promote protection of the territorial complexes of natural and cultural heritage. The conservational main mode of land use shall be established in these areas with termination of economic activities therein.
30. “Small strict reserve” shall mean a natural or cultural strict reserve of a small area for the protection and supervision whereof no directorate is established.
31. “Conservation status of a species” shall mean a status whereby the influences acting on a species may affect its long-term distribution and abundance.
32. “Protected areas” shall mean the land and/or water areas which have clearly defined boundaries, an acknowledged scientific, ecological, cultural and other value and for which a special protection and use regime (procedure) has been introduced by legal acts.
33. “Protection of protected areas” shall mean a process consisting of the planning of protected areas, implementation and control of specific protection and management measures, also environmental education.
34. “Individual regulations on the protection of protected areas” shall mean the legal acts approved by the institutions authorised by the Government establishing special protected areas’ protection, planning and construction requirements in these areas as well as management and use peculiarities. Interim regulations shall mean the legal acts approved by the institutions authorised by the Government establishing special protected areas’ protection, planning and construction requirements in these areas as well as management peculiarities and valid for a period not exceeding 1 year.
35. “Typical regulations on the protection of protected areas” shall mean the use and management requirements as set forth for the landscape management zones established by drawing up the management plans of protected areas (planning schemes) and landscape protection and approved by the Government
36. “Control of protected areas” shall mean a part of the process of protection of protected areas – supervision of compliance with the requirements of protection of the landscape ecological balance, territorial complexes and objects (properties) of natural and cultural heritage and visiting of protected areas as set forth by laws, other legal acts and solutions of planning documents of the protected areas.
37. “Statutes of protected areas” shall mean the legal acts establishing common peculiarities of protection and management of protected areas or types thereof, principles of management and organisation of activities.
38. “Planning documents of protected areas” shall mean the special territorial planning documents establishing a system of protected areas or parts thereof, boundaries of the protected areas, functional and/or landscape management zones, specifying restrictions and establishing measures for the preservation, restoration and rational use of territorial complexes and objects (properties) of natural and/or cultural heritage, organisation of recreation, especially cognitive tourism, also strategic planning documents, which establish actions and management measures, their implementation priorities, need for funds and responsible institutions.
39. “Management of protected areas” shall mean the actions aimed at the preservation, rational use and restoration of damaged territorial complexes and objects (properties) of natural and cultural heritage, adaptation of protected areas for cognitive tourism.
40. “Favourable conservation status of a habitat” shall mean a status when the natural range of a habitat and areas it covers within that range are stable or increasing, when the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist, when the conservation status of the species typical of this habitat is favourable.
41. “Favourable conservation status of a species” shall mean a status when a species’ population dynamics data indicate that the population is maintaining itself on a long-term basis as a viable component of its natural habitat, and when the natural range of the species is not being reduced and it is not likely to be reduced, and there is a habitat in which the population will be able to survive on a long-term basis and it is likely that it will be sufficient.
42. The State Service for Protected Areas under the Ministry of Environment – the budgetary body implementing the country’s policy of protected areas.
43. “State (national and regional) parks” shall mean the large protected areas established in the areas which are complex from the natural, cultural and recreational points of view and are particularly valuable and whose protection and management is related to designation of an areas’ functional and landscape management zones.
44. “State officers of protected areas” shall mean the servants of directorates of strict state reserves, state parks and biosphere reserves and protected areas’ state management and control bodies who have been granted the powers established by laws. A list of state officers of protected areas shall be approved by the institutions authorised by the Government and responsible for the protection of territorial complexes and objects (properties) of natural and cultural heritage.
Article 3. Objectives of Establishment of Protected Areas
Protected areas shall be established with a view to preserving territorial complexes and objects (properties) of natural and cultural heritage, landscape and biological diversity, ensuring the ecological balance of landscape, well-balanced use and restoration of natural resources, providing conditions for cognitive tourism, scientific research and monitoring of the condition of the environment, promoting territorial complexes and objects (properties) of natural and cultural heritage.
Article 4. System of Protected Areas
1. The system of protected areas shall be made up of the following categories of protected areas:
1) areas of conservational protection priority. The following types of protected areas shall be attributed to this category: strict reserves, reserves and objects of heritage;
2) areas of restorative protection priority. The following types of protected areas shall be attributed to this category: restorative plots, genetic plots;
3) territories of ecological protection priority. Zones of ecological protection shall be attributed to this category;
2. Lithuania’s protected areas or parts thereof may be granted the status of special areas of conservation of Community importance in accordance with the procedure laid down in Article 24 of this Law:
1) the areas of importance for habitat protection aimed at the maintenance or restoration of the favourable status of conservation of natural habitats and at contribution to the creation of the European ecological network “Natura 2000”;
2) the areas of importance for the protection of birds aimed at the preservation of natural habitats of bird species, populations of species of wild birds within their ranges, restoration of destroyed biotopes of wild bird species, preservation of nesting, moulting, feeding, roosting and migration concentration sites of migrating birds.
3. Lithuanian areas may, in accordance with the procedure laid down by the Convention Concerning the Protection of the World Cultural and Natural Heritage, be granted the status of an outstanding World Heritage site.
Article 5. Documents Regulating Activities in Protected Areas
1. Activities in protected areas shall be regulated by:
1) this Law, the Environmental Protection Law, the Law on Protection of Immovable Cultural Properties, the Forestry Law, the Law on Construction and other laws;
4) typical and/or individual protection regulations of protected areas, zones thereof, parts of an area or objects of heritage, also regional architectural regulations of protected areas, including interim regulations;
2. Typical protection regulations of protected areas shall be approved by the Government upon the recommendation of an institution authorised by it; individual protection regulations shall be approved by the Government or institutions authorised by it.
3. The institutions authorised by the Government may conclude protection agreements on activity restrictions, specific conditions of use of land, forests and water bodies with the owners and managers of land, forests or water bodies whose land, forest or water body is located in a protected area. These agreements must be registered in the Real Estate Register. The activity restrictions established therein must meet the requirements set forth by the documents indicated in this Article and regulating activities in protected areas. The procedure for concluding the agreements and forms of the agreements shall be approved by the Government.
Article 6. Strict Reserves
1. Objectives of establishment of strict reserves:
1) to ensure the unaffected course of natural processes or maintenance of authenticity of territorial complexes and objects (properties) of cultural heritage;
2) to preserve a typical or unique natural or cultural landscape and the objects of heritage located therein;
3) to preserve valuable natural ecosystems, habitats, gene pool of wild flora, fungi and fauna species;
2. According to the type of protected properties, strict reserves shall be classified as follows:
Article 7. Regulation of Activities in Strict Reserves
1. Peculiarities of the protection and management of natural strict reserves shall be established by this Law, the rules of natural strict reserves as approved by the Government, other documents of regulation of activities in protected areas as indicated in Article 5 of this Law. In natural strict reserves, only the following activities shall be permitted:
4) building of the structures which are required for the implementation of the objectives of establishment and functioning of a strict reserve;
2. A procedure for picking berries and mushrooms by local residents shall be laid down by statutes of natural strict reserves.
3. Peculiarities of the protection and management of cultural strict reserves (reserves-museums) shall be established by this Law, the statutes of cultural strict reserves as approved by the Government, other documents of regulation of activities in protected areas as indicated in Article 5 of this Law. In cultural strict reserves (reserves-museums), only the following activities shall be permitted:
2) restoration of the territorial complexes and objects (properties) of cultural landscape as damaged by activities;
3) repair, research, restoration and conservation of complexes and objects (properties) of cultural landscape;
4) adaptation of complexes and objects (properties) of cultural landscape for visiting and their exhibition;
5) building of the structures which are required for implementation of the objectives of establishment of a strict reserve;
4. Repair, research, restoration and conservation works shall be carried out in cultural strict reserves (reserves-museums) in accordance with the procedure laid down by laws.
5. The procedure for using and visiting cultural strict reserves (reserves-museums) shall be laid down by an institution authorised by the Government.
Article 8. Reserves
1. Objectives of establishment of reserves:
3) to preserve habitats and species of wild flora, fauna and fungi, populations thereof which are genetically valuable;
2. According to the type of territorial complexes (properties) of protected natural or cultural heritage, reserves shall be classified as follows:
3. Natural reserves shall be:
1) geological – for the protection of underground structures, typical exposures, rock or fossil complexes;
3) hydrographic – for the protection of typical and unique samples of elements of a hydrographic network (rivers, lakes, ponds);
5) botanical – for the protection of rare and vanishing species of wild flora and fungi as well as communities and habitats thereof;
6) zoological – for the protection of rare and vanishing species of wild fauna, communities and habitats thereof; theriological, ornithological, herpetological, ichthyological, entomological and other types of reserves may be identified within this group of reserves;
7) botanical-zoological – for the protection of rare and vanishing species of wild flora, fungi and fauna, communities or habitats thereof;
8) genetic – for the protection of the populations of wild flora and fungi species having a genetic value;
4. Cultural reserves shall be:
1) archaeological – for the protection of sites, where the singularity of their territory is determined by accumulations or complexes of archaeological objects;
2) historical – for the protection of the sites related to historic events, historically important remaining or deteriorated settlements, famous persons or their activities, also the areas characterised by an accumulation of such locations;
3) ethno-cultural – for the protection of the sites containing the settlements or parts thereof distinguished by a traditional architecture or other ethno-cultural peculiarities, sacral and ritual sites, the sites distinguished by an accumulation of the objects or locations made prominent by myths, legends and stories;
5. Complex reserves shall be:
Article 9. Regulation of Activities in Reserves
1. Peculiarities of the protection and management of reserves shall be established by this Law, the Statutes of Reserves as approved by the Government, other documents of regulation of activities in protected areas as indicated in Article 5 of this Law. The activities which may harm protected complexes and objects (properties) shall be prohibited in reserves.
2. In natural and complex reserves, it shall be prohibited:
2) to mine peat and lake sediments (sapropels), with the exception of those whose mining started prior to the establishment of a reserve;
3) to construct new quarries and mines of mineral deposits, also new bores for the reconnaissance and extraction of oil and gas, to erect the industrial facilities subject to authorisations for integral prevention and control of pollution, airfields, wind power plants, with the exception of the wind mills being restored, to set up dumping grounds, to build other structures polluting the environment, including those polluting it visually;
4) to collect, explode, cut or otherwise destroy the stones which exceed 0.5 cubic metres and are naturally found in reserves;
5) to dam and regulate natural rivers, to change their courses and the natural level of water in lakes. It shall be allowed to re-erect former dams, other hydrotechnical structures, to fortify banks, to clean river beds, to set up artificial water bodies, and to carry our other works only in the cases when this is required for the restoration and management of the objects of cultural heritage (immovable heritage properties) located in a reserve and when implementing natural disaster prevention measures in cities, towns and villages;
8) to build the structures unrelated to objectives of the establishment of a reserve, with the exception of buildings in existing and former homesteads (when there are remnants of former structures and/or gardens or when the homesteads are marked in plans of a site or other plans, also establishing the legal fact), also the locations specified in reserve management plans or projects and general planning documents, to construct buildings or to increase their capacities on the slopes whose fall exceeds 15 degrees, also at a distance closer than 50 metres away from the upper and lower edge of these slopes;
9) to plant the plantations obstructing the panoramas of a historical, cultural and aesthetical value;
10) to install the external advertising unrelated to the complexes and objects (properties) protected in a reserve, with the exception of territories of cities and towns;
3. In cultural reserves, it shall be prohibited:
1) to destroy or damage complexes and objects (properties) of cultural heritage, to destroy their authenticity;
4. Allowable and recommended forms and sizes of structures, percentage of development of a territory, and distances from water bodies and slopes shall be specified by protection regulations of protected areas and/or regional architectural regulations of construction works in the protected areas. They may tighten the requirements listed in paragraphs 2 and 3 of this Article and set forth additional requirements.
5. In reserves, the activities which foster, highlight and promote protected complexes or objects (properties), restore traditional elements of the natural or cultural environment, also cognitive tourism shall be promoted.
6. In the reserves where damaged landscape complexes or parts thereof were to be restored when establishing the reserves, restorative plots shall be identified.
7. State and municipal reserves, also the reserves located in state parks and areas of biosphere monitoring shall be subject to the regulation of activities specified in this Article. In light of peculiarities of the complexes and objects (properties) under protection in reserves, statutes of reserves, protection regulations, and other documents regulating activities in protected areas as indicated in Article 5 of this Law, also reserve management plans and projects may additionally restrict landscape management, use of natural resources, building of structures, visiting of a territory, etc.
Article 10. Objects of Heritage
1. Declaration of objects of heritage shall pursue the following goals:
2. Objects of heritage shall be classified as follows:
3. Objects of natural heritage shall be:
1) geological – boulders, rocks, swallow holes and caves of outstanding sizes, the typical or unique exposures which are scientifically valuable, location sites of fossils and minerals;
2) geomorphological – relief forms of outstanding sizes and appearance: hills, ridges, spurs, taluses, gullies, ice-walled lake plains and other relief forms;
4) hydrographic – banks, old river courses, islands, waterfalls and other elements of a hydrographic network of outstanding sizes;
5) botanical – the trees, bushes which are of outstanding age, dimensions, forms or are dendrologically and aesthetically valuable, origin sites (habitats) of protected flora and fungi species, unique and vanishing flora communities, dendrological collections, dendrologically valuable parks and squares;
4. Objects of cultural heritage (immovable cultural properties) shall be:
1) archaeological – mounds, other ancient defence fortifications or remnants thereof, ancient residential, mining, production and burial sites, secret paths and marshes and other remnants of ancient roads, hydrotechnical installations, other archaeological objects or locations;
2) mythological (sacral) / historical / memorial – home sanctuaries and other ancient cult sites, the stones bearing marks of ancient human activities or other objects and locations made well-known in the oral tradition of the nation, also the locations respected by existing religions; the locations and/or structures related to important public, cultural events or figures and events or figures of state history, also made well-known by literary or other works of art, unused cemeteries or parts thereof, cemeteries of soldiers, graves and burial places of insurgents, partisans, other participants in the resistance against occupations, well-known public, cultural, state figures;
3) architectural / engineering – the residential and non-residential buildings recognised as significant, parts thereof and fixtures, complexes and clusters of buildings, manor parks, other groups and locations of structures and other works linked by an integral architectural composition, also the engineering technical structures recognised as significant: bridges, tunnels, dams, mills, land reclamation installations, equipment for mills or another industrial or technological equipment;
Article 11. Regulation of Activities in Territories of Objects of Heritage
1. Peculiarities of the protection and management of objects of heritage shall be established by this Law, the Law on Protection of Immovable Cultural Properties, rules of objects of heritage, protection regulations of immovable cultural properties, other documents of regulation of activities in protected areas as indicated in Article 5 of this Law.
2. Rules of objects of natural heritage, also protection regulations of objects of cultural heritage (immovable cultural properties) shall be approved by the Government or an institution authorised by it.
3. The following shall be prohibited in the territories of objects of heritage:
2) to dig soil, plough, to move boulders to another place, with the exception of the cases when these works are related to exhibition, use or management of objects of heritage;
Article 12. State Parks
1. Objectives of establishment of state parks:
4) to provide conditions for scientific research in the field of protection of natural and cultural heritage;
2. According to their significance, state parks shall be classified as follows:
1) national parks – the protected areas established for the protection and management of the natural and cultural landscape of national significance representing the natural and cultural singularities of the country’s ethno-cultural regions. Historical national parks shall be established for the preservation of cultural complexes of Lithuania’s historical statehood centres and their natural environment;
2) regional parks – the protected areas established for the protection of the landscape and ecosystems of regional significance from the natural, cultural and recreational point of view, regulation of their recreational and economic use. Historical national parks shall be established for the preservation of most valuable historical regional complexes and their natural environment.
3. The following functional priority zones shall be identified in plans of boundaries of state parks and their zones: conservational (strict reserves and reserves), ecological protection, recreational and economic priority zones and zones of another purpose. State parks’ management plans (planning schemes) shall identify landscape management zones, in which use and protection of the territory shall be regulated. They shall be determined according to typical protection regulations.
Article 13. Regulation of Activities in State Parks
1. Peculiarities of the protection and management of state parks shall be established by this Law, the rules of national and regional parks as approved by the Government, other documents of regulation of activities in protected areas as indicated in Article 5 of this Law.
2. The activities which may harm protected complexes and objects (properties), also recreational resources shall be prohibited or restricted in state parks. In state parks, it shall be prohibited:
1) to construct new quarries and to erect the industrial facilities subject to authorisations for integral prevention and control of pollution, airfields, wind power plants, with the exception of the wind mills being restored, to construct transit engineering networks, to change land relief forms, natural elements of the hydrographic network, to destroy and change the valuable characteristics of historically formed cultural landscape and its urban and architectural elements and other protected complexes and objects (properties);
2) to mechanically disturb the vegetative cover of natural marshes, to mine peat therein, also to drain high marshes, transitional marshes and their adjacent areas as well as the low marshes whose area exceeds 0.5 ha, and the layer of peat exceeds 1 metre and their adjacent areas and to change them to agricultural land and waters;
3) to dam and regulate natural rivers, to change their courses and the natural level of water in lakes. It shall be allowed to re-erect former dams, other hydrotechnical structures, to fortify banks, to clean river beds, to set up artificial water bodies, and to carry our other works only in the cases when this is required for the restoration and management of the objects of cultural heritage (immovable heritage properties) located in a reserve and when implementing natural disaster prevention measures in cities, towns and villages;
4) to build structures in the locations not specified in state parks’ management plans (planning schemes) and general planning documents;
5) to construct new residential houses, farmer’s farm and other buildings or to increase their sizes on the slopes whose fall exceeds 15 degrees, also at a distance closer than 50 metres away from the upper and lower edge of these slopes, to build the structures reducing the aesthetical value of landscape and to plant the plantations obstructing the panoramas having a historical, cultural and aesthetical value;
3. Structures shall be planned, built or reconstructed in state parks in compliance with legal acts, solutions of state parks’ management plans (planning schemes) taking into consideration peculiarities of the architecture of towns and villages and landscape, protection requirements of objects of heritage. Allowable and recommended forms and sizes of structures, percentage of development of the territory, and distances from water bodies and slopes shall be established by individual protection regulations of state parks and/or regional architectural regulations of construction works in protected areas. They may tighten the requirements listed in paragraph 2 of this Article and set forth additional requirements.
4. The cities and towns located in state parks shall be managed according to their general and detailed plans prepared and approved, provided their solutions do not contravene solutions of the management plans (planning schemes) of the state parks.
5. In state parks, the activities which foster, highlight and promote protected complexes or objects (properties) of landscape, restore traditional elements of the natural or cultural environment, also cognitive tourism, adaptation of the territory for visiting taking into consideration preservation requirements of protected complexes and objects (properties) shall be promoted.
Article 14. Areas of Biosphere Monitoring
1. Objectives of establishment of areas of biosphere monitoring:
1) to create a representative system of complex ecological monitoring – to monitor, control and forecast changes in natural systems;
2. Areas of biosphere monitoring shall be as follows:
1) strict biosphere reserves shall be established with a view to implementing an international programme for monitoring of changes in biosphere and conducting environmental protection experiments in representative natural complexes of natural zones and surrounding areas;
3. The following functional priority zones shall be identified in plans of boundaries of strict biosphere reserves and their zones: zones of conservational (strict natural reserves and reserves) and ecological protection priorities, also experiments, restoration of ecosystems and the economic activities typical of this area. In biosphere grounds, zones of various functional purposes may be identified too. Plans of boundaries of strict biosphere reserves and their zones shall be approved by the Government, and those of biosphere grounds – by an institution authorised by the Government.
Article 15. Regulation of Activities in Areas of Biosphere Monitoring
1. Statutes of strict biosphere reserves shall be approved by the Government, and those of biosphere grounds – by an institution authorised by the Government.
Article 16. Restorative and Genetic Plots
1. Objectives of establishment of restorative plots:
2. Restorative plots shall be established in State-owned land with a view to restoring and enhancing the renewable resources of berry fields, mushroom fields, the places where medicinal herbs can be found, fauna, peatbogs, groundwater and other renewable resources. They shall be established with a view to restoring natural resources for a required period.
Article 17. Regulation of Activities in Restorative and Genetic Plots
1. In restorative and genetic plots, restrictions shall be imposed on the activities reducing natural resources, also exploitation of mineral deposits, use of land, forests, waters, other immovable property and change of established ways of use. The type and scope of activity restrictions shall be specified by statutes of these areas.
Article 18. Zones of Ecological Protection
1. Objectives of establishment of zones of ecological protection:
2) to preserve the environment of protected and geoecologically important complexes or objects (properties) of natural and cultural landscape, to isolate them from the adverse impact of activities;
2. According to the type of protection, zones of ecological protection shall be as follows:
1) general ecological protection – protection zones of cities and resorts, the seaside and fields, groundwater (waterworks), surface water bodies, agricultural watersheds and intensive karst;
2) buffer protection – zones of buffer protection of strict state reserves, state parks and state reserves, objects of heritage;
3) physical protection – zones of physical protection of objects of heritage, stations of state geodesy frame, electric power lines, gas and oil pipelines, communication lines and other objects of the infrastructure;
4) visual protection – zones of visual protection of objects of heritage, astronomy observatories, airfields and other objects of the infrastructure; these are the areas in which a change of the environment can harm the environment of these objects or hinder survey thereof;
5) sanitary protection – zones of sanitary protection of industrial and utility objects, agricultural enterprises and other economic objects and objects of the infrastructure;
3. According to the type of their arrangement, zones of ecological protection may be designated as plots, strips or circles. Zones of general ecological and buffer protection may be divided into sub-zones of a different protection and use regime or such sub-zones may be identified in them.
4. The procedure for designating the types of protection zones of economic objects and objects of the infrastructure as well as their protection and use regime shall be laid down by laws and other legal acts regulating the supervision and use of these objects.
Article 19. Zones of Buffer Protection and Regulation of Activities Therein
1. In order to reduce the adverse impact of activities on strict state reserves, state parks, strict biosphere reserves, objects of heritage and to preserve the visual environment of these areas, zones of buffer protection shall be designated in respect thereof and may be designated in respect of state reserves. No zones of buffer protection shall be designated in respect of the objects of heritage located in strict state reserves, the strict reserves located in state parks, also in reserves.
2. Zones of buffer protection shall be designated by approving the special planning documents (plans of boundaries) of protected areas.
3. In zones of buffer protection of natural strict reserves, it shall be prohibited:
4. Sub-zones of physical and visual protection of a different protection and use regime shall be designated in zones of buffer protection of objects of heritage.
5. In sub-zones of physical protection of objects of heritage, it shall be prohibited:
1) to dig soil and carry out other works which may cause deformation and vibration of ground, to plough, to move boulders to another place, with the exception of the cases when these works are related to exhibition, use or management of objects of heritage;
6. In sub-zones of visual protection of objects of heritage, the works which hinder the survey of the objects of heritage shall be prohibited.
7. In zones of buffer protection of state parks, strict state reserves and reserves as well as strict biosphere reserves, it shall be prohibited to build structures, where they impair the conditions of exhibition of objects of heritage and increase the visual pollution of the area. In the hydrological impact parts of zones of buffer protection of state parks, general sub-zones of ecological protection may be designated.
8. Sub-zones of physical and visual protection whose management regime shall be determined according to requirements of the Law on Protection of Immovable Cultural Properties shall, according to the rules approved by the Government, be designated in respect of separate types of objects of cultural heritage (immovable cultural properties).
Article 20. Zones of Protection of Surface Water Bodies and Regulation of Activities Therein
1. In order to prevent hazardous substances from polluting water bodies, to protect the banks of the water bodies against erosion, to ensure the stability of ecosystems of the shores of the water bodies, to protect the natural landscape of the shores of the water bodies and its aesthetical values, and to provide favourable conditions for recreation, zones of ecological protection of surface water bodies shall be identified. In a part of a zone of protection of surface water bodies at a water body, a shore protection strip shall be designated.
2. The procedure for designating zones of protection of surface water bodies and shore protection strips shall be approved by an institution authorised by the Government, and protection regulations – by the Government. The protection regulations shall specify distances from the bank of a water body for the building of structures of various purposes and requirements for the management of growing stock.
3. In zones of protection of surface water bodies, it shall be prohibited:
3) to construct buildings in flood-prone territories (with the exception of the homesteads located therein) as well as slopes of water bodies whose fall exceeds 10 degrees;
4) to alter the existing construction line by reconstructing or re-building structures in existing and former homesteads (when there are remnants of former structures and/or gardens or when the homesteads are marked in plans of a site or other plans, also establishing the legal fact), with the exception of the cases provided for in territorial planning documents;
4. In a shore protection strip, it shall be prohibited:
1) to erect fences, with the exception of the cases when fences have been provided for in regulatory documents in order to ensure safety of exploitation;
3) to cultivate land, to destroy turf, with the exception of reseeding of cultivated meadows, to pasture cattle at a distance less than 2 metres from the bank;
5. In a shore protection strip, only building of hydro-technical structures, installations of water intake and discharge into water bodies, waterworks, bridges, docks, in recreational zones – beach equipment, slip-ways for yachts and boats, other recreational installations, in reserves – the structures related to objectives of establishment of a reserve shall be allowed.
6. Construction of only one sauna building without a basement intended for personal use, provided the total area whereof does not exceed 25 square metres with fixtures and it is not higher than 4 metres (the height shall be calculated on the basis of the surface average of the developed homestead area) shall be allowed in existing homesteads outside a shore protection strip, in the locations provided for in territorial planning documents. The sizes of other structure shall be specified in protection regulations.
Article 21. Objectives of Establishment of the Nature Frame
Objectives of establishment of the nature frame shall be as follows:
1) to create a coherent network of natural ecological compensation areas ensuring the geoecological balance of landscape and natural links between protected areas, to create preconditions for the preservation of biological diversity;
2) to join the habitats of the greatest bioecological significance, environment thereof as well as the areas required for fauna and flora migration;
Article 22. Structure and Designation of the Nature Frame
1. The nature frame shall include various areas: strict reserves, reserves, state parks, restorative and genetic plots, zones of ecological protection, also forest farming, natural recreation and ecologically important agricultural areas.
2. The nature frame shall be comprised of:
1) geoecological watersheds – the area strips joining the sites characterised by a particular ecological importance and sensitivity: upper reaches of rivers, watersheds, lake systems of uplands, hill systems, marshlands, foreshores, areas of intensive feed of groundwater and karst spreading. They divide large natural ecosystems and maintain the general ecological balance of natural landscape;
2) internal stabilisation ranges and axes of geosystems – the areas capable of changing the side run-off or other natural migration flows, also the areas important from the point of view of biological diversity: arrays and groups of growing stock, natural meadows, marshes and other valuable ecotopes of large geosystems. These areas shall compensate for the adverse ecological impact exerted on natural geosystems;
3. According to importance, the nature frame may include parts of the European, national, regional and local importance.
4. For the purposes of protection of biological diversity, an ecological network may be identified in areas of the nature frame joining the habitats of the greatest bioecological importance, environment thereof as well as fauna and flora migration corridors. The European ecological network “Natura 2000” shall be identified in accordance with the procedure laid down by an institution authorised by the Government covering the areas of importance for the protection of habitats and birds.
5. The nature frame and the ecological networks forming it shall be designated through approval of general or special territorial planning documents. Compliance with the approved boundaries of the nature frame and ecological networks as well as the activity restrictions as specified by legal acts shall be compulsory when preparing forest management and land management projects, other special and detailed plans.
6. Restrictions of activities in the strict reserves, reserves, state parks, areas of biosphere monitoring, zones of ecological protection, restorative and genetic plots located in the nature frame (including areas of the European ecological network “Natura 2000”) shall be set forth by this Law, statutes of the nature frame, other documents regulating activities in protected areas and indicated in Article 5 of this Law. It shall be prohibited to erect the industrial facilities subject to authorisations for integral prevention and control of pollution and residential blocks in the recreational, forest farming and agricultural areas of the nature frame. The activities which ensure the ecological balance of landscape and stability of ecosystems, restore damaged ecosystems and are carried out according to territorial planning documents shall be permitted.
7. In the areas of the European ecological network “Natura 2000”, the activities which might adversely affect protected natural habitats, habitats of species and protected species of flora and fauna shall be prohibited or restricted. The activities which ensure the favourable status of habitats and species shall be permitted. Activities must be carried out taking into consideration specific types or sorts of habitats and on the basis of territorial planning documents and/or nature management plans.
Article 23. Establishment of Protected Areas and Delineation of Boundaries Thereof
1. Strict state reserves and state parks shall be established, status thereof shall be changed, and boundaries of the state strict reserves and national parks shall be delineated by the Seimas at the recommendation of the Government. When establishing regional parks, draft plans of boundaries of the regional parks shall be submitted to the Seimas.
2. Small strict reserves, state reserves, strict biosphere reserves shall be established and types of these protected areas shall be changed, boundaries thereof shall be delineated and changed, also boundaries of regional parks shall be delineated and changed by the Government at the recommendation of an institution authorised by it.
3. Objects of natural heritage (protected objects of natural landscape) shall be declared protected by an institution authorised by the Government. Areas thereof shall be designated by declaring them protected and approving plans of boundaries thereof.
4. Objects of cultural heritage (immovable cultural properties) shall be declared protected and areas thereof shall be designated in accordance with the procedure laid down by the Law on Protection of Immovable Cultural Properties.
5. Biosphere grounds, restorative plots and genetic plots as well as zones of ecological protection shall be designated by institutions authorised by the Government. Actions thereof in designating zones of ecological protection shall be co-ordinated by the Ministry of Environment.
6. Municipal councils may, in accordance with the procedure laid down by the Government, establish municipal reserves, declare municipal objects of heritage.
7. Non-governmental organisations, natural or legal persons may, in accordance with the procedure laid down by the Government or an institution authorised by it, initiate the establishment of reserves and strict reserves, declaration of objects of heritage and organise, in accordance with the procedure laid down by laws, the management of the protected areas located in the land owned or used by them.
8. The criteria of establishment of protected areas shall be laid down by the Government or an institution authorised by it.
9. Proposals on the establishment of strict reserves, state parks, state reserves and areas of biosphere monitoring must meet the criteria laid down and must be based on scientific research on the basis whereof a plan of boundaries of a protected area is developed, other special planning documents.
10. Prior to establishment of strict reserves, state parks, state reserves and areas of biosphere monitoring, account shall be taken of public needs, economic assessment shall be performed, expenditure on compensation of the activities required to be terminated (where necessary), repurchase of land, restoration of damaged territories as well as sources of financing of the establishment and maintenance of a protected area shall be provided for. Where legal acts or typical regulations cannot ensure protection, a plan of boundaries of a strict reserve, state park, reserve and area of biosphere monitoring to be established may refer to additional regulations specifying permitted or restricted (prohibited) types of activities, types, height and materials of structures, density, construction lines or locations.
11. Sites for the establishment of protected areas may be reserved, and lists of objects of heritage shall be compiled according to prepared territorial planning documents (general plans of the country, counties, municipalities, schemes of networks of protected areas, etc.), also on the basis of value characteristics of natural and cultural complexes and objects (properties) as established by scientific research upon performing economic assessment in accordance with the procedure laid down by the Government. Interim regulations may restrict or prohibit the activities which may diminish the specified value characteristics until the issue of establishment of protected areas or declaration of objects of heritage is solved.
12. Owners, managers and users of land shall be informed about the establishment of protected areas and the activity restrictions related thereto when preparing plans of boundaries of these areas in accordance with the procedure for co-ordinating and considering territorial planning documents with the public as laid down by the Law on Territorial Planning. The procedure for preparing plans of boundaries of protected areas shall be laid down under the Law on Territorial Planning by an institution authorised by the Government.
13. Where designated territorial complexes and objects (properties) of natural or cultural heritage are threatened with extinction, destruction or loss of value, strict state reserves and state parks shall be established by the Seimas, and state reserves and areas of biosphere monitoring shall be established and objects of heritage shall be declared protected by the Government in accordance with the procedure laid down by itself.
Article 24. Entry of Protected Areas in International Lists of Protected Areas and Regulation of Activities Therein
1. Protected areas of the Republic of Lithuania or parts thereof containing the landscape complexes, habitats of international importance, species of rare and vanishing flora and fauna or communities and populations thereof, also territorial complexes and objects (values) of natural and cultural heritage may be awarded the status of a protected area of international importance and/or they may be entered in international lists of protected areas. Proposals on entry of protected areas in these lists shall be submitted by an institution authorised by the Government, unless international treaties provide otherwise.
2. At the recommendation of an institution authorised by it, the Government shall delineate boundaries and approve a list of protected areas or parts thereof conforming to the requirements set forth by international documents. Where on the basis of scientific research, areas of the Republic of Lithuania may be attributed to sites of Community importance, but they are not protected at the moment, they shall be granted the status of a relevant protected area in accordance with the procedure laid down by this Law (a protected area shall be established), also the status of a protected area of Community importance.
3. The protected areas which have been granted the status of a protected area of international importance and/or which have been entered in lists of protected areas of international importance shall be subject to the requirements set forth by international conventions and treaties. The Government shall also regulate peculiarities of protection of the areas entered in international lists of protected areas.
4. The sites of Community importance of importance for the protection of habitats and birds shall be selected on the basis of scientific research of types of the habitats and protected species of wild fauna and flora. The criteria according to which sites are selected for the establishment of the areas of importance for the protection of habitats and birds shall be laid down by an institution authorised by the Government.
5. The protection regime of the areas of importance for the protection of habitats shall be established by means of well-balanced measures: preservation (conservation), prevention measures, solutions of territorial planning documents and plans, also assessment measures establishing the impact of projects on the areas of importance for the protection of habitats. Peculiarities of management of the areas of importance for the protection of habitats or birds of Community interest shall be specified by the General Statutes of the Areas of Importance for the Protection of Habitats or Birds as approved by the Government.
6. In the areas of importance for the protection of birds, the activities which may harm protected species of birds, their habitats in nesting, feeding, moulting, roosting and migration concentration sites shall be prohibited or restricted. Building and reconstruction of structures, building and reconstruction of roads, pipe lines, electric power and communication lines as well as implementation of other plans and projects which may have an impact on the areas of importance for the protection of birds shall be permitted therein only subject to assessment of their impact on the areas of importance for the protection of birds in accordance with the procedure laid down by this Law and obtaining of an authorisation in accordance with the procedure laid down by legal acts.
7. Where the regime of protected areas as established in an area of importance for the protection of habitats or birds does not ensure the favourable conservation status of protected habitats and species, legal acts, plans and projects of management of protected areas or the protection agreements concluded with owners and managers of land, forests or water bodies shall specify additional preservation (conservation) measures.
8. The projects not directly related to the management of areas of the European ecological network “Natura 2000”, but may have an adverse impact on natural habitats and protected species of flora and fauna must be evaluated in accordance with the procedure laid down by the Law on the Environmental Impact Assessment of Planned Economic Activity. The impact on the areas of importance for the protection of habitats and birds of operating plans and projects, where assessment of their impact on protected areas is not provided for under the Law on the Environment Impact Assessment of Planned Economic Activity, shall be assessed in accordance with the procedure laid down by the Government or an institution authorised by it. The institutions authorised by the Government may approve the projects only upon establishing that they will not have an adverse impact on the areas of the European ecological network “Natura 2000” and, where necessary, upon ascertaining the public opinion. Where implementation of the projects is related to social or economic public interests, and there are no alternative solutions, compensatory measures as are necessary for protection of the general cohesion of the European ecological network and natural habitats as well as the status of protected species of flora and fauna must be applied.
9. Information about each site of Community importance (map, name, boundaries, area thereof, etc.) shall be provided to the European Commission in accordance with the procedure laid down by the Government. The lists as submitted to the European Commission shall be accompanied by calculations of the funds required for the management of such areas.
Article 25. State Cadastre of Protected Areas
1. The State Cadastre of Protected Areas (a data system) shall be established for the purposes of organisation of protection of protected areas and rational management thereof and shall register protected areas, with the exception of objects of cultural heritage, and other data required for organisation of protection of protected areas and management thereof.
2. Functions of the leading management body of the State Cadastre of Protected Areas shall be performed by an institution authorised by the Government. The procedure for registering and using its data and protection thereof shall be laid down by the Government.
Article 26. Marking of Boundaries of Protected Areas
1. Boundaries of protected areas and protection zones thereof shall be, at the recommendation of the institutions authorised by the Government, marked on maps of the Land Cadastre, also in territorial planning documents.
Article 27. Organisation of Protection and Management of Protected Areas
2. The Government shall develop a strategy of protected areas and set forth requirements for protection and management thereof as well as grant powers to the institutions responsible for the protection of territorial complexes and objects (properties) of natural and cultural heritage.
3. In performing the functions of state management of protected areas, the institutions authorised by the Government shall:
1) organise the development of the strategy of protected areas and programmes for protection and management of the protected areas;
4. The protection and management of the protected areas established by the Government, with the exception of strict cultural reserves, cultural reserves, historical national parks and objects of cultural heritage, shall be organised by a budgetary body – the State Service for Protected Areas under the Ministry of Environment. It shall be established by the Ministry of Environment.
5. The State Service for Protected Areas under the Ministry of Environment shall perform the following functions:
1) develop targeted programmes for the management of protected areas, co-ordinate and control implementation thereof;
2) draft the protected areas’ programmes financed from the budget and submit them to the Ministry of Justice;
3) perform economic assessment, estimate expenditure on compensation of the activities to be terminated (where necessary), repurchase of land, restoration of damaged territories and sources of the funds required for the establishment and maintenance of a protected area or organise the mentioned works;
4) organise the issuance of terms for the preparation of territorial planning documents and preparation of the planning documents of protected areas and implementation of their solutions;
5) establish directorates (budgetary bodies) of strict state reserves, state parks and strict biosphere reserves, control activities thereof in ensuring compliance with the specified regime of protection and use and implementation of targeted environmental protection programmes;
6) provide methodical guidance to the directorates of protected areas as established by other institutions authorised by the Government or municipal councils;
7) inform owners, managers and users of land about the protected areas being established, the objects of natural heritage being declared protected;
8) co-ordinate development and implementation of monitoring programmes in protected areas, keep accounts of protected areas and objects of natural heritage, register protected areas, with the exception of objects of cultural heritage, in managing the State Cadastre of Protected Areas, accumulate and systemise other data about protected areas;
9) in accordance with the established procedure, participate in the process of consideration and co-ordination of projects of structures and installations in protected areas and allocation of land, also territorial planning documents;
10) co-ordinate the training of specialists of protected areas and the improvement of their qualification;
6. Directorates of strict cultural reserves and historical national parks shall be established, and protection and management of these strict reserves and parks as well as cultural reserves and objects of cultural heritage shall be organised, by the Ministry of Culture.
8. Activities in strict state reserves, state parks and strict biosphere reserves shall be organised by directorates (budgetary bodies) of strict state reserves, state parks and strict biosphere reserves. They shall be responsible for protection of landscape complexes and objects (properties), organise continuous supervision and management thereof, promote cognitive tourism, rational use of natural resources, within their sphere of competence, control that activities of natural and legal persons in an area conforms to the established procedure for protecting and using a protected area, exercise other rights and duties specified by statutes of a directorate.
9. Activities in state parks may be organised and carried out by directorates of state parks and joint councils co-ordinating relations between directorates of state parks and municipal institutions. Members of joint councils shall be directors of state parks and deputies thereof appointed in accordance with a procedure laid down by an institution authorised by the Government, also mayors of municipalities and/or deputy mayors subject to their consent or other representatives of a municipality appointed by a municipal council.
10. Councils for co-ordination of scientific research, monitoring and museum work may be established at directorates of strict state reserves. Scientific consultative councils represented by experts of protection of landscape, biological diversity and cultural heritage, organisation of recreation and social and economic fields may be established at directorates of state parks and strict biosphere reserves.
11. Supervision of state reserves and objects of heritage shall be exercised by the institutions authorised by the Government, whereas protection and management of the protected areas established by municipalities shall be organised by mayors of municipalities.
12. Supervision of restorative and genetic plots and zones of ecological protection shall be exercised by the institutions responsible for establishment of these zones. Their actions in exercising supervision of restorative plots and genetic plots as well as zones of ecological protection shall be exercised by an institution authorised by the Government.
Article 28. Planning of Protected Areas
1. Protected areas shall be managed and activities therein shall be developed pursuant to general and special territorial planning and strategic planning documents and the regulations set thereby and prepared on the basis of the provisions of the Law on Territorial Planning and the Law on Construction.
2. The following types of the special plans of protected areas shall be distinguished:
1) schemes of networks of protected areas – in order to determine a general strategy for the planned development of a system of protected areas or parts thereof;
2) schemes of formation of the nature frame and/or ecological network – developed in order to determine and develop a general territorial system of preservation of the ecological stability of landscape and biological diversity;
3) schemes of networks of zones of ecological protection – developed in order to regulate the development of areas of ecological protection priority (protection areas) of regional importance;
4) plans of boundaries of protected areas and zones thereof – prepared when establishing new strict state reserves, state parks, reserves, areas of biosphere monitoring or when altering boundaries thereof and delineating boundaries of zones of functional priority (conservational, recreational, ecological protection, etc.);
5) protected areas’ management plans (planning schemes) – prepared in order to specify the zones of landscape management regulating the use and protection of protected areas as well as regulations thereof, priorities and measures of protection and management of territorial complexes and objects (properties) of natural and cultural heritage, also measures of landscape formation, creation of the recreational infrastructure and other management measures;
3. The following types of strategic planning documents of protected areas shall be prepared: nature management and/or heritage management plans, various targeted programmes, action plans, programmes for monitoring of strict biosphere reserves and grounds.
4. Territorial planning documents of protected areas shall be prepared according to the rules and/or methodology of preparation of these documents as approved by an institution authorised by the Government. The rules shall specify the structure of planning documents of protected areas, preparation, approval and validity thereof. The composite parts of the special planning process of protected areas shall be as follows:
1) supporting – covers the analysis of protection and use problems, assessment of results of the territorial planning documents prepared earlier, projects and the need for and opportunities of protection development;
3) project – covers preparation of solutions on the issues of the policy of development of protected areas (schemes), concepts and regulations of protection and use (plans) and system of management measures (projects);
5. Plans of management of protected areas (planning schemes) shall be prepared according to the typical protection regulations as approved by the Government.
6. Plans of boundaries of strict state reserves and national parks as well as zones thereof shall be approved by the Seimas, whereas plans of boundaries of regional parks and state reserves and/or zones thereof shall be approved by the Government. Protected areas’ management plans (planning schemes) and projects shall be approved by the Government or the institutions authorised by it. Protected areas’ strategic planning documents shall be approved by the Government or the institutions authorised by it. Territorial planning documents of protected areas of municipalities shall be approved by municipal institutions in accordance with the procedure laid down by laws.
7. The procedure for preparing and approving the strategic planning documents of protected areas shall be laid down by the Government.
8. Special planning documents of protected areas shall be prepared by certified specialists and may be prepared by legal persons, provided their articles of association provide for the activities of territorial planning. A procedure for certifying them shall be laid down by an institution authorised by the Government.
9. Protected areas’ strategic nature management and/or heritage management plans may be prepared by the institutions authorised by the Government, directorates of strict state reserves, state parks, strict biosphere reserves, non-governmental and other organisations having experience in the field of planning and management of protected areas.
Article 29. Financing of Protection and Management of Protected Areas
1. Establishment of state protected areas, activities of directorates of strict state reserves, state parks and strict biosphere reserves shall be financed from the State budget. Activities of directorates of the regional parks established by municipal councils shall be financed from the budget of municipalities. The programmes implemented by directorates of state parks shall be financed from the State budget or budgets of municipalities, other sources of financing and international programmes.
2. Protection and management of municipal reserves and objects of heritage shall be financed from budgets of municipalities.
3. The management and supervision of protected areas, development of cognitive tourism, educational, cultural and other activities may also be financed by funds of special programmes, targeted contributions and funds of legal and natural persons, other lawfully acquired funds.
Article 30. Organisation of Control of Protected Areas
1. Control of the activities of land use and of owners, managers and users of land as related to the restrictions specified in territorial planning documents shall be exercised in protected areas by state environmental protection inspectors, state officers of protected areas, state forest officers, state officers of land services, officers of territorial planning and construction supervision and officers of protection of immovable cultural properties within the sphere of their competence.
2. State control of protected areas shall be regulated and tasks and functions of state officers of protected areas shall be specified by the Regulations of State Control of Protection of Protected Areas. They shall be approved by the Government or an institution authorised by it.
3. In performing their duties as related to the protection of protected areas, state officers of protected areas shall have the right:
2) in accordance with the procedure laid down by laws, to draw up protocols of administrative offences, impose administrative penalties for violations of requirements of this Law and other legal acts as provided for in the Code of Administrative Offences;
3) to demand that the legal and natural persons who have violated requirements of this Law and other legal acts or solutions of the territorial planning documents regulating activities in protected areas terminate unlawful actions;
4) to stop the vehicles carrying natural resources, including wood or other forest products, to check documents of acquisition of the natural resources carried by the vehicles, also to check the documents of the persons carrying them, to use the means of stopping the vehicles by force in the case of suspected unlawful acquisition of the natural resources;
5) to bring offenders to the police or to the premises of a municipal ward in a rural area for the establishment of a person’s identity and drawing up of protocols and statements;
6) in exercising control of protected areas, to freely enter by foot (in a vehicle) the territory of the undertakings, agencies, organisations located in protected areas subject to producing their service card. It shall be possible to enter border territories and objects by foot (in a vehicle) subject to agreement with officers of the border police;
7) in accordance with the procedure laid down by the Law on the Control of Arms and Ammunition and other laws, to keep, carry and, in the cases indicated in paragraph 4 of Article 30 of this Law, use a firearm and special means. Where a person refuses to comply with lawful requirements of an officer, the officer shall have the right to use a coercion, but only to the extent required to perform an official duty and only after all possible means of persuasion or other means have proved to be ineffective;
4. State officers of protected areas shall have the right to use physical coercion, special means or a firearm where this is related to performance of official duties:
1) when defending himself or another person against an encroachment initiated or posing an immediate threat to life or health;
2) when detaining an offender or a person who has committed a crime and is actively avoiding detention, where it is impossible to detain him otherwise, as well as in the cases when a person refuses to comply with a lawful requirement to put down a weapon or another item which could be used to injure a person, where it is impossible to disarm him otherwise;
5. The use of physical coercion and special means shall be prohibited in respect of women, where their pregnancy is evident, also against persons, where their invalidity is evident, against minors, where their age is known to an officer or their appearance corresponds to their age, with the exception of the cases when they resist in a way which poses a threat to life or health or when a group of such persons attacks and this attack poses a threat to life or health. It shall be prohibited to use a firearm in public gathering places, where this may cause injuries in respect of accidental persons.
6. The institutions authorised by the Government shall exercise:
2) state control of activities of directorates of strict state reserves, state parks and strict biosphere reserves in ensuring compliance with the specified regime of landscape protection and use, implementation of landscape protection and management and other targeted programmes as well as the regime of protection and use of state protected areas;
CHAPTER IX
OWNERSHIP OF LAND AND RIGHTS AND DUTIES OF OWNERS, MANAGERS AND USERS OF LAND IN PROTECTED AREAS
Article 31. Ownership of Land in Protected Areas
1. The land of strict reserves and the Curonian Spit National Park shall belong by the right of exclusive ownership to the State. The land of other protected areas shall belong by the right of ownership to the State and/or private persons.
2. The land required for the establishment of strict reserves may, in accordance with the procedure laid down in the Law on Land, be taken from owners of private land or the right of use of state-owned land and a state-owned land lease contract may be terminated before it expires.
3. The land required for implementation of special programmes for the protection of territorial complexes and objects (properties) of natural and cultural heritage and for meeting of public needs (for equipment of resting places, special rest parks, cognitive paths, recreational infrastructure, etc.) may be taken from owners of private land or for this purpose, the right of use of state-owned land and a state-owned land lease contract shall be terminated before it expires in accordance with the procedure laid down by the Law on Land.
4. Directorates of strict state reserves, state parks and strict biosphere reserves shall manage and use the state-owned land granted to them by the right of trust.
5. The procedure for and terms and conditions of restoration of rights of ownership to land, forests and water bodies shall be laid down by the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property.
6. In protected areas, rights of ownership to land, forests and water bodies may be restored and transactions on land shall be concluded only in strict compliance with the restrictions, terms and conditions and requirements on the use of land, forests and water bodies as set forth by laws, regulations of protected areas and management plans (planning schemes) of these areas, the requirements set forth by other documents as indicated in Article 5 of this Law and regulating activities in protected areas.
7. State-owned land, forests, waters, bushes, marshes, places abounding in stones and other unused land of state reserves, state parks and areas of biosphere monitoring, also of recreational zones shall not be sold, with the exception of the land of households, household farm and gardeners’ societies and land plots of the size not exceeding 5 hectares edging into agricultural land and located between private households.
8. In protected areas, it shall be prohibited to alter the main objective conservational and forest farming purpose of land use, with the exception of the cases when this is done for public needs or with a view to preserving complexes and objects (properties) of natural and cultural heritage. The main objective purpose of land use in protected areas shall be altered only in the case when this does not contravene approved solutions and regulations of protected areas’ management plans (planning schemes).
9. A land plot located in state reserves and state parks and belonging by the right of ownership may not be divided into separate parts by selling, renting, separating, pledging and transferring them by gift, with the exception of the cases when boundaries of adjacent plots are altered.
Article 32. Rights and Duties of Owners, Managers and Users of Land in Protected Areas
1. Owners, managers and users of land and other real property shall have the rights specified by the Law on Land and other laws. They may exercise these rights to the extent this does not contravene this Law.
2. The owners, managers and users of land in households whereof a protected areas is to be established, the status of existing protected areas is to be changed, restrictions are to be established or existing restriction are to be modified shall have the right to obtain information thereon. They shall be informed when preparing, in accordance with the procedure laid down by the Law on Territorial Planning, plans of boundaries of protected areas or other territorial planning documents which establish regulations.
3. Owners and managers of land and other real property shall have the right to raise, in accordance with the procedure laid down by an institution authorised by the Government, claims regarding proposals on the establishment of protected areas, changing of the status of existing protected areas and establishment or modification of activity restrictions against an institution which submits proposals on the establishment of a protected area, declaration of objects protected, changing of the status of an existing protected area or modification of specified protection and use requirements.
4. The owners and managers of land in land holdings whereof a new protected area is established, the status of an existing protected area is changed or established activity restrictions actually reduce the benefit received or prohibit the activities earlier carried out shall receive compensations. The procedure for calculating and paying the compensations shall be laid down by the Government.
5. Where protected areas have been established, objects of heritage have been declared protected, the status of existing protected areas has been changed, activity restrictions have been established or modified without taking into account the claims of owners and managers of land, they shall have the right to apply to court.
6. Where the owner, manager and user of land consents to the establishment of a protected area, changing of the status of an existing protected area, established activity restrictions or changing thereof, but does not agree to the amount of compensation, he may apply to court.
7. The persons living in protected areas may engage in the activities not contravening the aims of establishment of a protected area, shall have the right to receive financial and another assistance for supervision of territorial complexes and objects (properties) of natural and cultural heritage. The right of priority to rent and acquire the state-owned land indicated in paragraph 7 of Article 31 of this Law shall be granted to owners and managers of neighbouring plots.
8. In protected areas, owners and managers of land may be granted land tax and other reliefs in the cases specified by laws and in accordance with the procedure laid down by the Government.
9. In protected areas, owners, users and managers of land and other immovable property, other legal and natural persons must comply with the activity restrictions and requirements set forth for those areas by laws and other legal acts as well as territorial planning documents, also registered in the real property register.
10. Where the activity restrictions or other requirements set forth by legal acts or territorial planning documents and related to a protected area were not entered in the real property register when granting for use, transferring or selling land or restoring rights of ownership to land in protected areas, they shall be entered in this register by the manager of the real property register at the recommendation of an institution authorised by the Government in accordance with the procedure laid down by the Law on the Real Property Register and other legal acts.
11. Preservation of territorial complexes and objects (properties) of natural and cultural heritage shall be the responsibility of owners, managers and users thereof.
12. Owners, users and managers of land may not hinder the visiting or management, for the purposes provided for by laws or other legal acts, of protected complexes and objects (properties), resting places, paths, observation spots, other recreational objects.
13. Municipal institutions shall be responsible for the preservation of the territorial complexes and objects (properties) of natural and cultural heritage managed by them and shall ensure their proper protection by the owners, users and managers of protected properties.
14. Where a protected area is established, the status of an existing protected area is changed, activity restrictions are established or modified by a state institution, compensation shall be paid from funds of the State budget, and where a protected area is established, the status of an existing protected area is changed, activity restrictions are established or modified by a municipal council, compensation shall be paid from the budget of a municipality.
Article 33. Liability for Violations of the Law
1. The natural and legal persons in breach of the provisions of the Law on Protected Areas shall be held liable under law.
2. The institutions authorised by the Government shall be responsible for organisation of protection and management of protected areas and prevention of adverse phenomena in this process. The officers authorised by these institutions shall bear personal responsibility for the performance of the tasks assigned to them with a view to ensuring preservation of territorial complexes and objects (properties) of natural and cultural heritage in protected areas.
Article 34. Reimbursement of Damage
1. The legal and natural persons that have incurred damage to protected areas must reimburse damage as much as possible in kind (to restore the initial condition of an object or an area) and additionally reimburse the incurred direct and indirect losses. When the same act violates public interests and incurs damage to the property of natural or legal persons, the persons who have committed the violation must reimburse the damage done to protected areas and property of the natural or legal persons. Losses shall be determined according to the methodology approved by an institution authorised by the Government.
2. The right to file to a court applications on reimbursement of the damage incurred to protected areas or objects of heritage shall be granted to institutions authorised by the Government and state officers of protected areas.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.