سلطة الادارة في تحديد موقع المشروع الصناعي واثره في حماية البيئة في القانون العراقي

Abstract

The location of the industrial project is one of the most importantrequirements for the success of policies to combat pollution arisingfrom the activities polluting the environment for industrial projects.Therefore، environmental legislation is keen to surround the environmentwith additional protection related to the location of the industrialproject and its distance from water sources، public roads and urbangatherings of cities. In the Iraqi legal system، we find that instructionsNo. 3 of 2011 stipulates several controls for the establishment and approvalof industrial projects، as the Environmental Protection Counciland the Ministry of Environment have the authority to approve or notlicense the establishment of the industrial project in the event that itis proven that it does not possess the requirements of environmentalprotection، and these conditions are mainly related to the location ofthe industrial project from cities، water sources and public roads As thedistance from the city increases as a condition for the establishment ofthe industrial project، the greater its environmental risk. For example،the instructions stipulate that the location of the industrial project forthe petrochemical and oil industries، as well as the sanitary landfillsites، should be at least 15 kilometers from the municipal boundaries.While the required distance is reduced to one kilometer for some industriesof not high risk، such as the bottled water industries and textileindustries، to only one kilometer، and many developed countriesin the modern industrial fields، as a result of the conditions of globalclimate change، tend to generalize the experience of non-environmentallyfriendly industries. contaminated