Legal Regulation of Water Protection. Legal Treatment of Riversides and Water Protection Zones

2.3.6. Legal Regulation of Water Protection. Legal Treatment of Riversides and Water Protection Zones

The Preamble to the Water Code of the Russian Federation emphasizes that “water provides necessary conditions for the existence of flora and fauna”, in other words, the existence of biological diversity. This provision is made in Article 3, which defines the conservation of biological diversity of water ecosystems as one of the essential objectives of the national legislation on water. This legislation also regulates relations concerning forests, flora and fauna arising in the course of use and protection of water bodies, to the extent necessary for the sustainable use and protection of water objects (Article 5). The Preamble to Water Code of the Republic of Belarus stipulates that its main aim is to create conditions for sustainable use and protection of water resources, rehabilitation of water bodies, conservation and improvement of water ecosystems. However, the effective legislation should be further amended to regulate in a greater detail all issues relating to riversides and water protection zones, particularly in respect of preserving biological diversity in the Dnipro Basin. Water protection zones are created to prevent the contamination, littering and exhaustion of water bodies, to conserve the flora and fauna habitats on the land adjacent to watercourse channels or other water bodies (Article 77 of the Water Code of the Republic of Belarus). A special regime of economic activity is established in water protection zones. The Dnipro River is a large river. Until recently, there had been no legally determined procedure for determining the dimensions and marking the boundaries of water protection zones and riversides of such rivers. On 5 March 2002, the Council of Ministers of the Republic of Belarus passed a Resolution called “On Approving the Regulations on Water Protection Zones and Riversides of Large and Middle Rivers”.

According to it, the following activities are forbidden within the water protection zones of such rivers:

- using aviation to disperse chemical weed and pest killers and mineral fertilizers on agricultural land and in forests;

- locating and building premises for storing toxic substances, chemical weed and pest killers, mineral fertilizers and oil products, as well as industrial enterprises and sludge tanks;

- setting up sites for filling equipment with chemical weed and pest killers, etc.

Certain types of activity are banned within the Dnipro riverside, which is most likely to facilitate the conservation of biodiversity. At the same time, the Regulations in question apply only to the Dnipro-adjacent territories beyond the boundaries of cities, towns and urban settlements. Yet the Dnipro flows through the cities and towns of Smolensk, Mogiliov, Loyev, Rechitsa, Kiyv, Cherkassy, Dniprodzerzhinks and others where the anthropogenic pressures on the river are very intense. The role of water protection zones is enhancing. Therefore, the riparian countries should develop specific regulations on water protection zones, riversides and waterfronts within city and town boundaries.

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