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 important requirements for the success of policies to combat pollution arising from the activities polluting the environment for industrial projects. Therefore environmental legislation is keen to surround the environ-ment with additional protection related to the location of the industri-al project and its distance from water sources public roads and urban gatherings of cities. In the Iraqi legal system we find that instructions No. 3 of 2011 stipulates several controls for the establishment and ap-proval of industrial projects as the Environmental Protection Council and the Ministry of Environment have the authority to approve or not license the establishment of the industrial project in the event that it is proven that it does not possess the requirements of environmental protection and these conditions are mainly related to the location of the industrial project from cities water sources and public roads As the distance from the city increases as a condition for the establishment of the industrial project the greater its environmental risk. For example. the instructions stipulate that the location of the industrial project for the petrochemical and oil industries as well as the sanitary landfill sites should be at least 15 kilometers from the municipal boundaries.
While the required distance is reduced to one kilometer for some in-dustries of not high risk such as the bottled water industries and tex-tile industries to only one kilometer and many developed countries in the modern industrial fields as a result of the conditions of global climate change tend to generalize the experience of non-environmen-tally friendly industries. contaminated