Source: eKapija | Tuesday, 24.05.2011.| 15:56
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Construction of Power Plants and Electricity/Heat Generation from Biomass in Serbia - Procedure for Issuing the Location Permit

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The documentation necessary to obtain the location permit for construction of a power plant is specified in the Law on Planning and Construction. The following shall be submitted as obligatory exhibits to the Application for the location permit: 1) A copy of the lot plan (issued within a period of maximum six months); 2) The certificate of the cadastre of underground installations; 3) Evidence of the ownership right or of lease of the construction land (*68) (*69).

Apart from the above, the application for the location permit shall also contain the data on the structure to be constructed, particularly on the planned layout, type and use of the structure, technical characteristics and the like. (*70) The Law on Planning and Construction stipulates that the building plot shall be formed prior to submitting the application for the location permit. If the authority in charge of issuing of the location permit establishes that adequate documentation has not been submitted with the application for the location permit, it shall notify the applicant thereof within eight days. In case the planning document does not contain all the requirements and data for preparation of the technical documentation, the competent authority shall obtain them ex officio, at the expense of the investor. The authorities, or organizations authorized to issue such requirements and data shall act further to the request of the competent authority within 30 days. The competent authority shall issue the location permit within 15 days as of the date of a duly submitted application or of obtaining the requirements and data, which it shall obtain ex officio.

The location permit shall particularly contain (*71): 1) The name and family name of the investor including personal identification No., or business name or name of the investor including the seat and PIB; 2) The number and surface area of the cadastral lot; 3) The data on the existing facilities on the lot that need to be removed; 4) The defined access to a public traffic area; 5) The use of the structure; 6) Building lines; 7) Codes of construction; 8) Requirements for connection to roads, public utility, and other infrastructure; 9) Possible and mandatory stages in the project implementation; 10) List of mandatory parts of the main design; 11) The name of the planning document based on which it is issued; 12) The statement that the legally valid location permit is the basis for preparation of the preliminary and of the main design if the structure referred to in Article 133 of the Law on Planning and Construction is in question, or for preparation of the main design; 13) The obligation of the designer-in-charge to prepare the design in compliance with the codes of construction and requirements from the location permit; 14) The statement that the issued location permit shall cease to be valid if the investor, within two
years as of the date of the legal validity of the decision on the location permit, fails to submit the application for the Construction Permit. An appeal may be lodged against the decision on the location permit, issued by a unit of local self-government, within 8 days. An appeal against the decision on the location permit of a unit of local self-government shall be decided on by the ministry in charge of town planning affairs, or by the competent authority of the Autonomous Province, or by the competent authority of the City of Belgrade (for construction or reconstruction of facilities of up to 800 m² of gross floor area), if the structure is to be located in the territory of the Autonomous Province, or of the City of Belgrade.

An administrative suit may be instituted by action against the decision on the location permit, which is issued by the ministry in charge of town planning affairs, or by the competent authority of the Autonomous Province.

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Forming the Building Plot (*72)

A building plot is a part of the construction land, with the access to a public traffic area, which has been constructed or is envisaged for construction by a plan. For construction of power plants, the building plot represents a belt of land of incomplete expropriation of a part of the cadastral lots through which the structure will stretch and of individual lots on which the appurtenant above-ground facilities are to be located. In addition to an incomplete or complete expropriation, servitude and right-of-way agreements concluded with the owners of the cadastral lots shall also be recognized as the evidence of the resolved property-rights relations for construction of line infrastructure facilities. Power plants may also be constructed on agricultural land, with the previously obtained approval from the ministry in charge of agricultural affairs.

Prior to submitting the application for the location permit, the Allotment/Reallotment Plan, i.e. the plan forming the building plot shall be prepared. The reallotment plan implies the plan forming one or more building plots on a number of cadastral lots while the allotment plan implies the plan forming a number of building plots on a single cadastral lot. The allotment or reallotment plan shall be drawn up by a company, or by another legal entity or by an entrepreneur, registered in the relevant registry. Drawing up of the allotment plan shall be managed by the town planner-in charge, an architect. The specified plan shall also contain the Design of Geodetic Survey Benchmarking.

The allotment or reallotment plan shall be submitted to the authority in charge of town planning affairs of the unit of local self-government for verification. If the plan is in compliance with the valid planning document, the competent authority shall verify the plan within 10 days and, if not, it shall notify the party that has submitted the plan thereof. A complaint against the above notification may be submitted to the municipal or to the city/town council within 3 days as of the date of its submittal. Thereafter, the Application for undertaking the allotment, or reallotment, shall be submitted to the Authority in charge of the affairs of state survey and cadastre (RGA – the Republic Geodetic Authority).

The following shall be submitted with the application for undertaking the reallotment/allotment: 1) The evidence of resolved property-rights relations for all the cadastral lots, and 2) The reallotment or allotment plan verified by the authority in charge of town planning affairs of the unit of local self-government, an integral part of which shall also be the Design of Geodetic Survey Benchmarking. The authority in charge of the affairs of state survey and cadastre shall hand down the decision on forming of cadastral lot(s) further to the above application. An appeal may be lodged against this decision within 15 days as of the date of submitting of the decision.

For obtaining the location permit for the facilities of biomass/biogas power plants, the Article of the Law on Planning and Construction may be applied, which regulates special cases of forming of a building plot. For construction of electric power facilities, a building plot may be formed of a smaller area than the area specified in the planning document, provided there is an access to the facility, or to equipment, for the purpose of maintenance and elimination of defects or accidents. An access easement agreement with the owner of the servient estate shall also be recognized as a resolved access to a public traffic area.

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Water requirements, water approval, and water permit (*73)

The Law on Waters differentiates between the general and special uses of waters. The water requirements shall be issued within the procedure for preparation of the technical documentation for construction of new facilities, which may have a permanent or a temporary impact on the changes in the water regime, or which may threaten the objectives concerning the environment. The right to the special use of waters shall be acquired by the water permit. This Law defines the following water documents; 1) The water requirements, 2) The water approval, 3) The water permit, and 4) The water order. Water documents shall be issued by the ministry (the Ministry of Agriculture, Forestry and Water Management). If the structure is located in the territory of the Autonomous Province, then such documents shall be issued by the competent authority of the Autonomous Province and, if the structure is located in the territory of the City of Belgrade, such documents shall be issued by the competent authority of the City of Belgrade (the Water Administration). Water documents shall be issued within two months from the date of filing the application. An appeal may be lodged against a water document issued by the competent authority of the Autonomous Province, or of the City of Belgrade, to the Minister of Agriculture, Forestry and Water Management, within 15 days. An administrative suit can be instituted against the decision of the Ministry of Agriculture, Forestry and Water Management. The Law prescribes that, for the procedure for preparation of the technical documentation for construction of new and reconstruction of the existing facilities and for carrying out of other work, which may have impact on the changes in the water regime, the investor shall obtain the water requirements (specifying technical and other requirements that must be met). It also prescribes that, for the requirements of preparation of the technical documentation, it is necessary to obtain the water approval, which specifies that the technical documentation for the facilities and for the work has been prepared in compliance with the water requirements. The water permit, which shall be obtained once the structure has been constructed (the operating permit may be issued without having obtained the water permit), specifies the manner and conditions for the operating and use of waters and discharge of waters. The procedures for issuing the above documents will be explained in more detail below.

Prior to issuing the water requirements (which are an element of the location permit, and are necessary for preparation of the design documentation – the main design), it is necessary to obtain the Opinion of the Republic organization in charge of hydrometeorological affairs (the Republic Hydrometeorological Service - RHMS) and the Opinion of the public water-management enterprise (Public Water-management Enterprise Srbijavode – for the territory of the Republic of Serbia except for the Autonomous Province of Vojvodina, i.e. of the Public Water-management Enterprise Vode Vojvodine – for the territory of the Autonomous Province of Vojvodina).

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The Opinion of the Republic Hydrometeorological Service shall be obtained on the basis of the submitted Application. The following shall be submitted with the application (*74): 1) The topographic map of the area (1:25000) with indicated layouts of the facilities, 2) The technical description, and 3) In case of unstudied catchment areas, the hydrological study (usually made based on meteorological data as well as on the hydrological data from the adjacent catchment areas).

The opinion of the public water-management enterprise shall be obtained after submitting the Application for the opinion. The following shall be submitted with the application (*75): 1) A copy of the plan with the plotted facilities, 2) The excerpt from the planning document – the information on the location, 3) The technical description of the solution (if available, the General Design may be submitted). After obtaining the Opinion of RHMS and the Opinion of the public water-management enterprise, the Application for the water requirements shall be submitted. The following shall be submitted with the Application for the water requirements: basic data on the location, use, and size of the structure and, as required, preliminary studies, and the General Design (Conceptual Design), which provide a more detailed insight in the impact of the structure on the water regime. For issuing the water requirements, the opinion of the public water-management enterprise shall be mandatory. In addition to the above specified, the following shall be submitted with the Application for the water requirements: 1) A copy of the plan (including the plotted position of the structure), which shall be issued by the competent Real Estate Cadastre; 2) The registered land certificate (for the cadastral lot on which the structure is constructed), which shall be issued by the competent Municipal Court, or by another competent authority; 3) Certificate of resolved property-rights relations: evidence of the ownership – use of the land by the investor, approval of the public water-management enterprise if the construction of a structure of public interest on the water land is in question; 4) The plan of use of the areas, which shall be issued by the competent municipal town planning department. (*76)

The competent ministry (the Ministry of Agriculture, Forestry and Water Management), or the defined competent authority (the Provincial Secretariat, the Water Administration or the local self-government) shall issue the Decision Issuing the Water Requirements. The Main Design shall be prepared based on this Decision. The obtained Decision Issuing the Water Requirements shall be one of the elements of the location permit. (*77) Once the location permit has been obtained, one shall proceed with the preparation of the design documentation – the main design of the power plant. In order to proceed with the following stage – obtaining of the Construction Permit, it is necessary, inter alia, to obtain the Water Approval on the specified design documentation. The Water Approval shall establish that the technical documentation – the Main Design, has been prepared in compliance with the water requirements. The documentation for issuing the water approval shall be specifically the technical documentation – the Main Design, which shall contain: 1) The technical report; 2) Computations: hydrological, hydraulic, of stability, level
of pollution, etc.; 3) Graphical exhibits: layout plans, plans, and cross-sections with the necessary elements for establishing the impact of the water regime on the structure and vice versa; 4) Presentation of the natural water regime; 5) Presentation of the projected water regime; impact of the structure on the natural and the projected water regime; 6) The impact of the natural and projected water regimes on the structure. The approvals of
the Ministry of Health and of the Ministry of Environment and Spatial Planning shall also be submitted along with the above application. The following shall be submitted with the application for the water approval on the main design: 1) The Decision Issuing the Water Requirements; 2) The Main Design; 3) The report on the review of the design; 4) Other documents, which are required in the Decision Issuing the Water Requirements. (*78) The water approval shall cease to be valid if, within two years from the date of its obtaining, the application for the Construction Permit is not submitted to the competent authority. The decision establishing expiry of validity of the water approval shall be handed down by the authority, which has issued the water approval. An appeal may be lodged against this decision to the minister within 15 days as of the date of submitting the decision. Once the structure has been constructed, and prior to obtaining the operating permit, it is necessary to submit the application for the Water Permit to the Ministry of Agriculture, Forestry and Water Management, or to the competent authority. The Water Permit is required for the exploitation and use of waters and natural and artificial watercourses, lakes, and ground waters, for discharge of waters and other substances into natural and artificial watercourses, lakes, ground waters, and public sewers, as well as in case of increase of the capacity of the already existing structure – for the increase of the quantity of in-taken and discharged waters, changed nature and quality of discharged waters. This License shall be issued for a period of maximum 15 years so that, maximum two months prior to its expiry, its validity should be extended if there is the issued Decision on Water Permit. The right acquired on the basis of the Water Permit may not be assigned to any third party without the consent of the issuing party, and this right shall terminate: upon expiry of the validity thereof, by waiver of the right, and by failure to exercise the right without justified reasons for over 2 years. The following shall be submitted with the application for the water permit: 1) The water approval; 2) Evidence of fulfillment of the requirements from the water approval; 3) The technical documentation based on which the structure has been constructed, including all the modifications and additions made in the course of construction; 4) The report of the commission on the completed technical inspection of the constructed structure or plant; 5) The opinion of the public water-management enterprise concerning the fulfillment of the requirements from the water approval, the impact of the structure on the water regime, the impact of the water regime on the structure, and the requirements for issuing the water permit. In case some other documents are also required, which depends on the specific features of the structure, the Investor, after submitting the application, shall be subsequently notified by the Ministry to complete the documentation. (*79)

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Details of Relevant Legislation

(*68) This evidence for issuing of the location permit is exactly the same as for issuing the Construction Permit. As evidence of the ownership right, or of lease of the construction land for construction or for carrying out of the work on the construction land or on the facility, which is owned by a number of persons – a certified consent of such persons shall also be submitted.

(*69) When construction of line infrastructure facilities is in question, the decision of the competent authority establishing the public interest for expropriation, in compliance with a special law, or the servitude and right-of-way agreement with the owner of the servient estate, shall serve as the evidence of the ownership right for issuing the location permit.

(*70) In practice, for obtaining the location permit, the general design (conceptual design) is prepared and submitted, which contains: technical description of the location, architecture, the structure and foundation of the structure, the method of heating and cooling the structure, description of the technical solution for securing excavation of the foundation pit, the terrain and the adjacent facilities, etc.

(*71) The Rulebook on Contents of Information on Location and on Contents of Location
Permit.

(*72) Provisions of the Law on Planning and Construction, in this case, are not quite clear with respect to the formation of the building plot for construction of a biomass/biogas power plant. Article 69, paragraph 1, prescribes that, for construction of electric power facilities or equipment, a building plot of a smaller area may be formed than the area envisaged in the planning document for the particular zone, provided there is an access to the facility, or equipment, for the purpose of maintenance and elimination of defects or accidents.

(*73) Issuing of the water requirements, the water approval, and the water permit is regulated by the Law on Waters.

(*74) There is nothing prescribed as to what should be submitted with the application for the Opinion from RHMS – what has been specified herein is a general assessment of the author in line with the discussions in the specified organization.

(*75) There is nothing prescribed as to what should be submitted with the application for the Opinion from public water-management enterprises – what has been specified is a general assessment of the author in line with the discussions in the specified organizations.

(*76) The contents of the documentation, which shall be submitted with the application, are contained in the form VU, which can be downloaded from the Web site: www.minpolj.gov.rs / arhiva / vodoprivreda / vodoprivredna akta (Archive / Water Management / Water Documents). In compliance with the Law on General Administrative Procedure, the authority may request the Investor to complete the documentation.

(*77) Exceptionally, subject to Article 118, of the Law on Waters, the authority in charge of issuing the water requirements may request from the applicant to obtain the opinion of the Ministry of Environment and Spatial Planning and/or of a specialized scientific institution (establishments, institutes, etc.). For the facilities and works in a territory of a spa resort, the applicant shall obtain the opinion of the ministry in charge of the affairs of tourism. There is no specifically prescribed procedure for obtaining the above opinions.

(*78) To assist an applicant, the list of all the required documentation for obtaining the water documents can be found on the Web site of the Ministry of Agriculture, Forestry and Water Management: www.minpolj.gov.rs Link: Arhiva – Vodoprivreda - Vodna akta - Obrazac zahteva VS (Archive - Water Management – Water Documents - Application Form VS). Exhibits that shall be submitted can be downloaded from the Web site of the Ministry of Agriculture, Forestry and Water Management, Form VDP. In compliance with the Law on General Administrative Procedure, the authority may request the Investor to complete the documentation.

(*79) To assist an applicant, the list of all the necessary documentation for obtaining the water documents can be found on the Web site of the Ministry of Agriculture, Forestry and Water Management: www.minpolj.gov.rs Link: Arhiva – Vodoprivreda - Vodna akta - Obrazac zahteva VD (Archive – Water Management – Water Documents – Application Form VD). In compliance with the Law on General Administrative Procedure, the authority may request from the Investor to complete the documentation.

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.

You should also read the text about LEGAL ASPECT, the text about POWER PLANT CONSTRUCTION PROCEDURE AND ELECTRICITY GENERATION, as well as the text about ENERGY PERMIT AND REQUIREMENTS FOR CONNECTION
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