Procedures for Assessing the Damage Caused to Natural Monuments and Calculating the Costs of Remedial Measures

Issued pursuant to
Section 31, Paragraphs thirteen and fourteen of
the Environmental Protection Law

1. This Regulation prescribes the procedures for assessing the damage caused to natural monuments and calculating the costs of remedial measures.

2. For natural monuments, which have been determined by the Cabinet (hereinafter - natural monuments of State significance) or which have been determined by a local government (hereinafter - natural monuments of local significance), the damage shall be evaluated taking into account the degree of damage or destruction.

3. The degrees of damage or destruction of a natural monument shall be as follows:

3.1. damaged - if the natural monument is damaged or destroyed in the volume of 0.1%-10%;

3.2. significantly damaged - if the natural monument is damaged or destroyed in the volume of 11%-30%;

3.3. partially destroyed - if the natural monument is damaged or destroyed in the volume of 31%-70%;

3.4. completely destroyed if:

3.4.1. the natural monument is damaged or destroyed in the volume of 71%-100%;

3.4.2. a protected stone has been moved and its location is not known or it is not possible to move it to the initial location;

3.4.3. a protected tree has lost the ability to grow;

3.4.4. a protected stone has been divided into parts and none of the parts is bigger than 75% of the initial volume of the protected stone.

4. The degree of damage or destruction for a protected stone shall be calculated from the total volume of the surface part of the protected stone.

5. If it is not possible to restore a natural monument to its initial condition by using other remedial methods specified in the laws and regulations regarding preventive and remedial measures:

5.1. the State Environmental Service shall calculate the losses caused to a natural monument of State significance in accordance with this Regulation. The amount of the calculated losses shall be transferred into the State basic budget;

5.1. the local government shall calculate the losses caused to natural monuments of local significance in accordance with this Regulation. The amount of the calculated losses shall be transferred into the local government budget.

6. If harm has been caused to a natural monument of State significance, the losses to be compensated according to the level of damage or destruction of the natural monument shall be determined:

6.1. in the amount of one to five minimum monthly wages, if the natural monument is damaged;

6.2. in the amount of six to twenty minimum monthly wages, if the natural monument is significantly damaged;

6.3. in the amount of twenty one to forty minimum monthly wages, if the natural monument is partially destroyed;

6.4. in the amount of fifty five minimum monthly wages, if the natural monument is completely destroyed.

7. If harm has been caused to a natural monument of local significance, the losses to be compensated according to the level of damage or destruction of the natural monument shall be determined:

7.1. in the amount of one to three minimum monthly wages, if the natural monument is damaged;

7.2. in the amount of four to ten minimum monthly wages, if the natural monument is significantly damaged;

7.3. in the amount of eleven to twenty minimum monthly wages, if the natural monument is partially destroyed;

7.4. in the amount of thirty minimum monthly wages, if the natural monument is completely destroyed.

8. In determining the amount of losses in accordance with Paragraph 6 or 7 of this Regulation, the following shall be taken into account:

8.1. the damaged or destroyed volume of the natural monument in percentage from the total volume of the natural monument;

8.2. irreversible decrease or loss of aesthetic significance of the natural monument, including negative changes in the characteristic landscape and cultural and historical environment.

9. If due to the harm caused to a natural monument the degree of its damage or destruction is less than 0.1%, but aesthetic significance of the natural monument has decreased irreversibly, the losses to be compensated shall be determined:

9.1. in the amount of five minimum monthly wages, if harm has been caused to a natural monument of State significance;

9.2. in the amount of three minimum monthly wages, if harm has been caused to a natural monument of local significance.

10. If harm has been caused to a natural monument located in another especially protected nature territory, the purpose and task of establishment and protection of which is also protection of the respective natural monument, the amount of the losses to be compensated, which has been determined in accordance with Paragraph 8 of this Regulation, shall be doubled.

11. Cabinet Regulation No. 357 of 24 May 2005, Procedures for Calculating the Losses Caused due to Harm Caused to Natural Monuments (Latvijas Vēstnesis, 2005, No. 84), is repealed.

Informative Reference to the European Union Directive

This Regulation contains legal norms arising from Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

Prime Minister I. Godmanis

Minister for Environment R. Vējonis

Translation © 2015 Valsts valodas centrs (State Language Centre)