Law No 27 of 2009

for
Protection and Improvement of
Environment

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Law No 27 of 2009
for
Protection and Improvement of
Environment

In the name of the people

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Law for protection and improvement of
Environment
N0 (27) of 2009

Chapter one
Definitions and Aims

Article (1)
The law aims at protecting and improving the environment
through elimination and treatment of existing damages or
damages likely to be caused. It also aims at preserving
public health, natural resources, biodiversity as well as
natural and cultural heritage, in coordination with the
relevant authorities in a manner that ensures sustainable
development through International and Regional
cooperation in this regard.

Article (2)
The following terms, for the purpose of this law, shall have
mean:

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I. Ministry: Ministry of Environment
II. Minister: Minister of environment
III. Board: Board for the protection and improvement of
Environment.
IV. Board of Governorate: Board for the protection and
improvement of environment at each governorate.
V. Environment: surrounding with all its elements where
living creatures live in as well as the impact resulting in
man's economical, social and cultural activities.
VI. Environment elements: water, air, soil and living
creatures
VII. Pollutions of Environment: any solid or liquid or gaseous
materials or noises or vibrations,
or radiations or heating or flame and the like or biological
factors cause direct or indirect
pollution for the environment.
VIII. Pollution of Environment: the existence of any
pollution effecting in the environment with unnatural
quantity or concentration feature causing direct or
indirect damages for the mankind or other living
creatures or non-biological creatures in which they are
existed.
IX. Environment limits: allowable limits for the
concentration of any pollution that it is allowed to be

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thrown in the environment according to the national
standards.
X. Waste: unusable or recyclable or unusual gaseous,
liquid and solid materials resulting from all kind of
activities
XI. Dangerous waste: waste cause or may cause, because of
its content, dangerous damage for the mankind or the
environment.
XII. Conservation area: A piece of land or water allocates
for protecting of vital, cultural, and natural resources'
existence.
XIII. Dangerous materials: the materials may cause harm for
the mankind health when they are misused or may
cause severe damage in the environment like infectious
factors or toxic or explosive or flammable or magnetic
or ionic radiation substances.
XIV. The Environmental catastrophe: serious damage
affecting on the environment that normal ability of
government is not enough to treat on its result or
control on it.
XV. The deterioration of the soil: loss of its morphological or
chemical or physical features or fertility or microbiology
in it,
XVI. Sustainable development: social and economical
development that meets the needs of current
generation without influencing on the need of next

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generation in the preservation with environmental
system and with the rationale usage of the natural
resources.
XVII. Environmental effect evaluation: studying and
analyzing the environmental feasibility study for the
proposed projects that their establishment or their
activities may have impact on the mankind health and
the safety of the environment in the present or in the
future with aim of protecting it.
XVIII. The water of stabilization: water existed in the oil
carriers tanks.
XIX. The renewal energy: the energy taken from natural
resources that may be renewed and unexhausted
including the energy releases from the sun, water,
wind, wave, and moving water tide and ebb tide in the
difference with the energy release from fossil fuel
since its wastes do not have environmental pollutions.
XX. Environmental warden: the public servant nominated
according to the provisions of this law to observe the
implementation of the legislations relevant to the
environment.

Chapter two

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Board for Protecting and Improving
Environment

Article (3)
According to this law, a Board shall be founded under the
name of name (the Board for the protection and
improvement of Environment) attached to the Ministry, it
shall be represented by the chairman of the Board or the
one who shall be authorized.

Article (4)
I. The Board consists of:
A. Minister of Environment- president
B. Technical undersecretary of the Minister- vice-
president
C. A director general from the ministry- Member and
rapporteur
D. A representative of all the following parties who shall be
at least director general and from office or party has in
the relation with the protection of Environment and has
experience of this field. Member
1. Ministry of Municipality and General works
2. Ministry of Planning and Developing Cooperation
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3. Ministry of High education and scientific research
4. Ministry of Interior
5- Ministry of Agriculture
6- Ministry of Health
7- Ministry of Mineral and Industry
8- Ministry of Technology and Sciences
9. Ministry of Electricity
10. Ministry of Water resources
11. Ministry of Oil
12. Ministry of Transport
13. Ministry of state for the Affairs of Tourism and
Antiquities
14. Ministry of Foreign Affairs
15. Ministry of Education
16. Ministry of Trade
17. Ministry of Labor and social Affairs
18. Ministry of culture
19. Ministry of housing and construction
20. Baghdad municipality
21. Iraqi Board for the control on the radioactive sources
22. Ministry of Defense

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E. an expert in the protection of environment nominated by
the Minister, Member
F. an employee from the Ministry nominated by the
Minister, secretary for the Board.
II. The Board has the right to host any expert or
representative of cooperative or private or mixed or
public sector for seeking his opinion or for enquiring
about environmental matters relevant with the side that
he is represented it with the exclusion of voting right.

Article (5)
I. The Board shall meet at least once each two months on
the invitation of its president or whom he shall be
authorized or in the emergency cases.
II. Quorum is reached in the presence of the majority of its
members.
II. Quorum is reached in the presence of simple majority of
its members.
III. The decisions taken in the Board shall be the majority of
vote of the members present at the meeting in the event
of inequality of votes, the president shall have a casting
vote.
IV. Believing they are necessary, the Board shall send
recommendations to the ministers' council and when the

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council passes them, they shall be obligatory and shall be
carried out.

Article (6)-1-
To achieve its goals, the Board shall exercise the following:-
A. Giving advice on the presented environmental matters,
B. Expressing opinion about the environmental matters for
the plans, projects and national plans prepared by
Ministries and concerned parties before endorsing them
and following out their implementation.
C. Coordination with Ministries and the concerned parties
in the preparation of local programs relevant with the
protection of the nature and following out their
implementation,
D. Giving opinion on the international and Arabic relations
relevant with environmental matters,
E. Giving opinion on the national plan and plans of
Ministries for the emergency and environmental
disasters,
F. Coordination the activities of the Ministries and the
parties concerned with the protection of the
environment and evaluation their works,
G. Giving opinion on the legislations relevant with the
environment or its projects

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H. Evaluation the works of the Boards for protection and
improvement of Environment in the governorates
I. Collaboration with the Ministries and the parties
concerned with preparing a list of cultural and natural
heritage sites and nomination for the world heritage list
J. Giving opinion on the annually report regarding the
condition of Environment in the republic of Iraq before
passing it to the council of Ministries
II. Board has right to form committees among its members
for the considerations of certain issues to study them
and to pass the recommendations on them.
III. The Board has right to authorize its president or
presidents of the Boards in the governorates to do its
duties.

Chapter three
Boards for Environmental Protection and
Improvement in the governorates

Article (7)-1-
I. There shall be established in each governorate a Board
under the name of (Board for the protection and
improvement of Environment in the governorate)

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headed by the governor and attached with the Board.
The duties, normal procedures and nomination its
member s shall be defined by instructions issued by the
head of the Board.
II. The council of the protection and improvement in the
governorate has the right to host any specialist or the
representative of cooperative , mixed ,private and public
sectors to consult them or to inquire about the
environmental matters relevant with the party that he
represents it without having right of voting.

Chapter four
Provisions of the protection of Environment

Section one
General provisions

Article (8)
The planning parties in the government shall assume the
task of incorporating the considerations of protection of the
environment anti-pollution, rational consuming for the

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natural resources and sustainable development in the plans
of developmental projects.

Article (9)
Parties resulting from their activities environmental
pollution shall be abode by the following:-
1. Providing the means and systems of pollution treatment
with the usage of environmental cleanest techniques and
operating them and be sure of their fitness and fixing the
defect when it happened and informing the Ministry
thereby.
2. Supplying Devices for monitoring and measuring of
pollutions according to their nature and writing down the
results of measures in a record for this purpose to be
easy for the Ministry to get them. In case of non
existence of these devices, the Ministry shall use devices
of measuring in their office; consultative parties and
laboratories adopted by the Ministry and shall subject to
the supervision and inspection of the Ministry.
3. Making database relevant with the protection and
maintaining the environment including concentration
and levels of the pollutions resulting from the party and
according to their kind
4. Working to use renewal energy techniques for decreasing
the pollution

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Article (10)
I. The owner of any project before its establishment shall
be abode to prepare a report regarding the estimation of
environmental impact including as the following:-
A. The estimation of negative and positive impact of the
project on the environment and
impact of surrounding environment on it,
B. The proposed means to avoid and to treat the causes of
the pollution to be abode by
Environmental regulations and directives.
C. Emergency pollution cases and probability and the
precautions should be taken to
prevent its occurrence
D. The possible alternatives to use technology less harmful
for the environment and
rationalizing the resources usage
E. Reduction the waste and recycle or reuse it as much as
possible
F. Evaluation of environmental feasibility for the project and
evaluation the cost of
pollution compare with the production,
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II. Economical and technical feasibility study for any project
shall contain the report
stipulated in the provision (first) of this Article.

Article (11)
Parties that have activities impact on Environment shall be
prevented for practicing its work unless they get the
approval of the Ministry.

Article (12)
The provisions stipulated in the Article (9), (10), (11) of this
law take effect on the existing utilities or the expansions or
rebuilding that may occur.

Article (13)
I. Parties responsible on the education and teaching with
its different levels shall be in charge of entering the
materials and environmental sciences in all studying
levels and working on establishment and developing
specialized institutes in the sciences to graduate
qualified staff for the environmental work in the
coordination with ministry of environment.

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II. The parties responsible of information, the guidance and
direction shall work to enhance the environmental
awareness program in all kinds of media and directing
their private and public programs in away to serve the
protection of Environment.
III. The parties concerned with the culture shall be in charge
of preparing the programs and publishing the books,
publications and bulletin aiming to develop the
environmental culture.

Second part
Water protection from the contamination

Article (14)
The following is prohibited
1. Spilling any home liquid or industrial or serviceable or
agricultural waste for the surface internal and ground
water resources or Iraqi Marine spaces shall not be done
unless the necessary remedies carried out in away to
ensure its accordance with the limited standards in the
national environmental legislations and relevant
international agreements compulsory for the republic of
Iraqi including all drainages whether they are continuing
or discontinuing or temporary and take the necessary

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measures to prevent the contamination to access from
the land to the marine region whether they are through
water or air or from the beach directly or from the
vessels or aircrafts.
ii- Join or drain the swage of the houses , factories and
other activities to the drainages nets;
iii- Throw solid wastes or refuses, carcasses or dirt of the
animals into watering- places;
iv. Use toxic and explosive materials for fishing and hunt
water birds and animals;
v. Drain oil remains, fuels or balance water of the tankers
into inner shallow water or marine fields of Iraq, whether
the drain is from fixed stations, mobile sources of the
leaks resulted from loading operations;
vi. Any actions lead to the contamination of the shallow
water through usage of their banks unless obtain the
approval of the concerned parties;
vii. Any actions lead to the contamination of the marine
region resulted by survey and invest the regional seabed
with its lower ground and continental shelf comprise
facing the emergency contamination cases which cause
damages to the marine environment in order to
guarantee the liability of the national statues and
principles and terms of the international law.

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Section Three
The Protection of Air from the Pollution and the
Stopping of Noise

Article (15)
The followings are prohibited:-
I. Emanation of smokes, gases, steams, and fines coming
out of the process of production or burning fuel in the
open air unless taking the necessary treatments to
ensure their match to the national legislations on
environment,
II. Use engines or vehicles that fling out wastes exceeding
the accepted limits indicated in the national legislations
on environment.
III. Burn the solid wastes unless being done in designated
places by the
parties concerned according to environmental safety
method;
iv. Excavation , digging, construction or demolition works
that leave raw materials unless after getting and removal
to avoid their scattering;
v. Practice the actions that diffuse non-ionic rays spreading
from the main stations, towers and antennas of the
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mobile phones and others unless they are within the
limits of the instructions and obligations issued by the
ministry for this purpose.

Article (16)
It shall be prohibited to exceed the acceptable limits of
noise at the running of machines, equipments and
instruments of horns and loudspeakers for all activities.
Authority shall issues the license taking into consideration
the percentage of the noise spreading in a zone according
to the permitted limits in the instructions issued by the
Minister.

Section Four
The Protection of Earth

Article (17)
The followings are prohibited:
i. Every action that causes direct or indirect damage , spoil
or pollution to the land affecting its capacity of
production, or food chain and beauty aspects in
accordance with the valid legislations.

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ii. Not compliance with the basic plans of the urbane areas
and land protection from the expansion of building
iii. Every action may affect the area or type of the plant
cover in any region and cause desertification or
distortion of the natural environment unless obtains
approval of the parties concerned.
iv. Demolish or cause damage to the natural and cultural
inherited places stated in a register book and assigned by
the Ministry for this purpose in cooperation with others
concerned parties.
v. Throw the solid waste at random only in the assigned
locations.

Section Five
The Protection of Bio-diversity

Article (18)
The followings are prohibited:
i. Cause harm to the biological groups in their dwelling
areas;

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ii. Fishing and hunt the birds and land and water animals
that are threatened or likely to be threatened with
extinction or use them for trade.
iii. Hunt, kill, catch , posses or transfer the birds and land
and water animals specified by the concerned party
including the emigrant birds that use Iraqi territories for the
rest or incubation as well as their dwelling and growth
areas;
iv. Extermination or harm the plants which are rare,
medical, perfume and on land. Using of such plants or their
seeds for medical, industrial and trade purposes shall be in
accordance with the directions to be issued by the
concerned parties.
v. Cut the longevous tress in the public areas inside the
cities unless obtain permission of the Chairman of the
Environment Protection and Improvement Council in the
province. Longevous tress mean those of 30 years old or
more.
vi. Cut the forest tress unless obtain permission of the
parties authorized to issue such licenses in accordance with
declaration of the annual production of the don am( 1000
sq.m).
vii. Bring plants or animals of deferent kinds to the
environment unless obtain permission of the concerned
parties.

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viii. Make researches on the genetic engineering which
cause harm to the environment and creatures.

Section Six
Management of dangerous Articles and Wastes

Article (19)
The Ministry in Cooperation with the concerned parties
may arrange a national register book for the dangerous
chemical frequently used in the Republic of Iraq and
another one for the dangerous wastes.

Article (20)
The followings are prohibited:
i. Sprinkle or use pesticides or any other chemicals for
agriculture, public health or other purposes unless
follow the conditions and regulations of environmental
applications to insure disaffection of their direct or
indirect risks on man or other elements of environment
in the present or in future.

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ii. Transfer, deal, bring, bury, sinking, storing or eliminate
the dangerous or radial wastes unless use the safety
methods on the environment and obtain the official
approvals in accordance with regulations issued by the
minister on coordination with the concerned party.
iii. Produce , transfer, deal, import, or store the
dangerous Articles , unless apply the necessary
procedures stated in the rules, regulations and
directions in force to insure avoidance of any damage
for environment. owner of any establishment or trade
should notify the ministry about any transfer may
happen by force amateurs of dangerous Articles or
produces to the environment and take the necessary
actions to avoid any harms may happen.
iv. Bring and transfer dangerous and radial wastes from
other states to Iraqi territories , air and marine roads
unless obtain precedent official approvals.
v. Practice any action to treat the dangerous wastes
unless obtain permission from the concerned parties
upon the view of the ministry . Elimination of these
wastes should be upon the conditions and measures
determined by directions to be issued for this purpose
to insure avoidance of harms to the environment.

Section Seven
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Environment protection from pollution resulted
from petrol and natural gas extraction.

Article (21)
Parties concerned with exploration and extraction of petrol
and natural gas should act the followings:
I. Act necessary produces to minimize the damages and
dangers resulted from exploration and excavation of
petrol and natural gas and take all necessary
precautions and procedures to prevent the land, air,
and underground water and basins from pollution and
damage.
ii. Take all necessary arrangements to eliminate the salty
water accompany the extraction of the crude petrol in
environmental safety methods.
iii. It shall be prohibited to drop the petrol on the ground
or inject it in the layers used for human and agricultural
purposes.
iv. Provide the Ministry with the information on the
causes of fire, explosion, break, run out of crude petrol
and gas from the well mouths and pipeline accidents as
well as the procedures taken fro their treatment.

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Chapter Five
The Censorship of the Environment

Article (22)
Activities that affect the environment shall be subjected
to the environment censorship. The responsible party for
such activities should show all cooperation and necessary
facilities to the environment censorship teams to perform
their mission including allow them to enter the sites.

Article (23)
The owner of the activity or responsible for the
establishment subject to the environment the environment
censorship should have a register book to write down the
effect of the activity on the environment in accordance with
instructions issued by the minister to declare the type of
the register book and date to be included. Environment
censorship teams shall be responsible for follow up such
data.

Article (24)
i. The Minister shall nominate an environment censor
from the Ministry staff to execute the terms of this law

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and censor the law-abiding activities that may affect the
environment besides arrange censor duly to be
submitted to the Ministry to take the necessary actions
in this regard.
ii. The environment censor shall be granted the state of
juridical discipline. He shall be assisted by members of
the environmental police and has the right of excess the
establishments and activities under the environment
censorship during and after the office hors to perform
his mission.
iii. Prior to assume his mission , the environment censor
shall make the following legal oath before the head of
the concerned department:
(I do swear by the name of the almighty to perform my
mission with all honesty and undertake to keep the
secrecy of knowledge that I shall be acquainted with
due to my official task).

Article (25)
In accordance with this law, an environmental police
department shall be set up and administratively correlated
to the Ministry of Interior. Divisions, responsibilities and
correlation of this department shall be defined in an
interior order issued by the Minister of Interior on
coordination with the environment Minister.

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Section Eight
Environment Protection Fund

Article (26)
A so-called (Environment Protection Fund) shall be set
up with juristic character represented by the chairman of
the board of the fund directors or the one whom he
authorizes.

Article (27)
The fund shall be directed by a Board of Decorators that
shall be formed by the minister's decision and it shall hold
the responsibilities of managing the fund and payment
affairs. All decisions of the board shall send to the Minister
for his approval.

Article (28)
Revenues of the fund shall comprise the following
resources:
i. Sums designated by the state from the public budget.

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ii. Donations offered for the fund in accordance with the
law.
iii. Compensations which shall be agreed upon or
imposed against the damages caused to the
environment.
iv. Charities offered by the states and Arab, regional and
international organizations for the sake of
environment protection and accepted by the Ministry
in accordance with the law.
v. Fees charged by the fund against the services offered
by the Ministry and shall be determined by
regulations duly issued for this purpose.

Article (29)
Expenditure from the fund shall be for the cases
stipulated by this law.

Article (30)
i. Expenditure cases from the fund shall be declared by
the directions to be issued by the Minister on
consultation with the Minister of Finance.

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ii. Fund accounts shall be under auditory and review of
the Audit Office.

Section Seven
Rewards

Article (31)
The Minister shall have the right to grant rewards for the
natural and juristic individuals who perform works or
projects lead to the environment protection and
improvement. Amounts and spending cases of such
rewards shall be determined by instructions due to be
issued on the light of the law.

Chapter Eight
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Compensation for Damages

Article (32)
i. He who, by his own action, negligence or omission or by
the action of
the persons or sub-gradients who are under his
auspices, supervision, or control, or due to his violation
of the laws, norm and regulations could cause damage to
the environment shall be obligated to pay
compensations, remove the damage within a suitable
period and return the situation to the conditions prior to
the damage happened by his own methods and within
the period and provision stated by the Ministry.
ii. In case of negligence , omission or refuse to perform the
text in Para( First) of this Article, the Ministry after send a
notification, has the right to take the necessary
arrangements and procedures to remove the damage
and charge the offender all expenditure paid for this
regards in addition to all administrative charges with
taking into consideration the following points:
a. Degree of risk of the pollution Articles of deferent kinds.
b. The affection pollution on environment both in present
and future.

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iii. Responsibility of the person who causes damages
through violation of the terms of (First) and (Second) of
this Article shall be assumptive.
iv. The compensation sum imposed against the damage
resulted by the offence shall be deposited in the fund
until being used to remove the pollution on the terms of
Article (29) of this law.

Chapter nine
Final Provisions

Article (33)
The Minister or the person so authorized by him shall have
the right to warn any establishment, factory or party that
may cause pollution for the environment to remove the
offence reason within(10) days as from the date of receive
the warning memo. In the event of incompliance, the
Minister may order the suspension of work or temporary
closure for a period not exceeding (30) renewable days until
the offence is removed.
i. Subject to the provisions stated in (First) of this
Article the minister or the person so authorized by
him whose post title shall not be below director
general shall have the right to impose a fine at the
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amount of (1000.000) millions as minimum and
(10.000.000) ten million Dinars as maximum for
every month until the offence is removed on
everyone who may offend the terms of this law and
the accordingly issued regulations, instructions and
statements.

Article (34)
i. Subject to anymore strict punishment stated in this law,
the offender of the terms of this law and the accordingly
issued regulations, instructions and statements shall be
sent to a prison for a (3) three-month period at least, a
fine at the amount of( 1000.000) one million Dinars and
not exceeds ( 20.000.000) twenty million Dinars or both.
ii. The punishment shall be doubled any time the offence is
repeated.

Article (35)
The offender of the terms of (ii), (iii) and (iv) of Article
(20) of this law shall be sent to a prison and he shall be
obliged to return the dangerous or radiant Articles and
wastes to their native places in safety way as well as to pay
the compensation amount.

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Chapter Ten
Final Terms

Article (36)
The establishments already set up prior to issue of this
law shall be granted a (3) three -year delay starts from the
date of the law being in
forced to arrange their conditions proper to the terms of
this law. The Minister shall be authorized to extend the
period for another year if necessary after observation the
seriousness of the procedures taken to execute this law.

Article (37)
The environment protection and improvement law N0 (3)
of 1997 shall be annulled and all regulations and directions
duly issued shall be still in force in case of contradiction
with the terms of this law until being replaced or abolished.

Article (38)
i. It shall be permitted to issue regulations to facilitate
execution of the terms of this law.

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ii. The Minster shall have authorizations to issue internal
regulations and directions to facilitate execution of the
terms of this law.

Article (39)
This law shall be in force after (60) days of being published
in the official newspaper.

Explanation
For the sake of reserve the natural resources and achieve
the lasting health, prosperity and development, generalize
the environmental understating, in coincidence with the
importance of the global cooperation to execute the
environmental pollution caused by the wrong actions and
for the sake of enhance the role of the executive authorities
to put the resolution in force and follow up the procedures
necessary to protect and improve the environment, this law
is enacted.

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