Soil contamination law regulates the protection of land resources from pollution by harmful substances, waste, and agrochemicals. In Georgia, where land is a limited and valuable resource, soil protection is given special importance. Legislation imposes responsibility on landowners and users to maintain soil fertility and prevent pollution. This field covers both the protection of agricultural lands from the excessive use of pesticides and the obligation of industrial facilities not to contaminate the soil with oil products, heavy metals, and chemical waste. Legal services in this direction are necessary for risk prevention, responding to pollution incidents, and fulfilling remediation (restoration) obligations.
What Does Soil Protection Legal Service Cover?
Specialized lawyers offer full legal support in soil protection matters:
- Soil Condition Audit: Legal verification of the ecological condition of a land plot before purchase (risks of historical pollution).
- Topsoil Removal Permit: Agreeing on a project for removing and storing the fertile soil layer (humus) during construction or mineral extraction.
- Recultivation Projects: Preparing and approving a plan for land restoration (recultivation) after the completion of activities.
- Pollution Disputes: Claiming compensation for damage caused by pollution spreading from a neighboring plot or enterprise.
- Agrochemical Regulations: Ensuring legal compliance with rules for storing and using pesticides and fertilizers.
- Defense Against Sanctions: Appealing fines imposed for soil pollution or degradation.
Common Scenarios and Needs
Construction companies often violate the law by not removing the fertile soil layer (humus) and storing it separately before starting construction, leading to substantial fines. Farmers face problems when fuel leaks from a neighboring enterprise (e.g., a gas station), rendering their lands unusable. In industrial zones, the problem of "historical pollution" is common, where a new investor buys an old factory and discovers that the soil is saturated with toxic substances. In such cases, clear delineation of liability and claiming damages from the seller is required.
Georgian Legislation and Regulations
The main law of the sector is the "Law of Georgia on Soil Protection", which establishes obligations for soil care. Topsoil removal is regulated by the government technical regulation on "Removal, Storage, Use, and Recultivation of Fertile Soil Layer". The "Waste Management Code" prohibits dumping waste on soil. The "Law on Pesticides and Agrochemicals" regulates the use of agricultural chemicals. Damage compensation is handled according to the Civil Code and special methodology.
The Process: How a Specialist Works
First, the lawyer assesses the status of the territory (agricultural or non-agricultural). If construction is planned, a project for removing the fertile soil layer is prepared and agreed upon with the Ministry. In case of pollution, the lawyer invites an expert to take samples and calculate the damage. This conclusion is used in court to claim compensation or during negotiations with state bodies on remediation terms.
Why Legal.ge?
Soil is not only a natural resource but also valuable private property. Its contamination reduces property value and creates legal problems. Legal.ge gives you access to lawyers who will help you protect land resources. Specialists on our platform ensure that your activities comply with soil protection standards and defend you against baseless fines. Take care of your land with Legal.ge.
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