Sources of LawRegulations on construction of power plants using renewable sources of energy, which use biomass/biogas as fuel, can be classified in three main groups: the regulations governing the area of planning and construction of facilities, the regulations governing the area of environmental protection, and the regulations governing the area of the energy sector.
Details of Relevant Legislation
(*54) The Law on General Administrative Procedure (Official Herald of RoS, Nos. 33/97 and
(*55) Article 208 of the Law on General Administrative Procedure stipulates that the deadline for issuing of a decision by the competent administrative authority shall be 30 days, if it is not necessary to follow a special examining procedure, or maximum 60 days as of the date of a duly submitted application. General deadline for an appeal shall be 15 days as of the date of receipt of the first-instance decision, unless the law stipulates otherwise. Article 236 of the Law on General Administrative Procedure stipulates that, in case the administrative authority fails to issue the administrative decision for which the application has been submitted, upon the expiry of the deadline for handing down the decision, the applicant shall be entitled to lodge an appeal because the first-instance application has not been decided on.
(*56) The Rulebook on Contents of Information on Location and on Contents of Location Permit (Official Herald of RoS, No. 3/10).
(*57) An urban design shall be prepared for the formed building plot on the certified cadastral - spatial plan. An urban design shall be prepared when that is envisaged in the urban development plan, the spatial plan of the unit of local self-government, or in the spatial plan of an area of special use and it shall contain: 1) The requirements for construction on the building plot including all the special requirements, 2) Conceptual designs, 3) The description, technical description, and explanation of the solution from the urban design, etc. The urban design may be prepared by a legal entity or by an entrepreneur registered in the registry for preparation of technical documentation, and the preparation of the design shall be managed by the town planner-in-charge, an architect. The competent authority of the unit of local self-government shall organize a public presentation within 7 days, and then the urban design shall be submitted to the Planning Commission, which shall, within 30 days, check whether the design has been harmonized with the spatial document and the Law on Planning and Construction. The competent authority of the unit of local self-government shall issue the certificate that the urban design has been prepared in compliance with the urban development plan, the spatial plan of the unit of local self-government, or with the spatial plan of an area of special use and the Law on Planning and Construction.
Note: This text is taken from the document-guide for investors "Construction of Plants and Electricity/Heat Generation from Biomass in the Republic of Serbia", of which authors are Dr. Branislava Lepotic Kovacevic, PhD Law, and Bojan Lazarevic, BSc El. Eng.
The project was implemented under the patronage of USAID, GTZ / GIZ Serbia and the Ministry of Energy in 2010.