The location permit shall particularly contain (*70): 1) The name and family name of the investor including his/her personal identification number, or business name or name of the investor including the seat and tax identification number -PIB; 2) The number and the surface area of the cadastral lot; 3) The data on the existing structures 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 utilities, and other infrastructure facilities; 9) Possible and mandatory stages in the project implementation; 10) A 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 shall serve as the basis for preparation of the Preliminary and of the Main Design in case of the facility referred to in Article 133 of the Law on Planning and Construction, 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 legal validity of the decision on the location permit, fails to submit the application for issuance of the Construction Permit. A statement of reasons supporting the Location Permit shall include, among other things, the statement that the cadastral lot meets the requirements specified for the building plot. An appeal may be lodged against the decision on the Location Permit, issued by a unit of local self-government, within eight 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, if the facility is to be located in the territory of the Autonomous Province. An administrative suit can be instituted by action against the decision on the application for the Location Permit, which is issued by the Ministry of Environment and Spatial Planning, or by the competent authority of the Autonomous Province.
Forming the Building Plot (*71)
A building plot is a part of the construction land, with an access to a public traffic area, which has been constructed or is envisaged for construction by a plan. For construction of small hydropower plants, a building plot represents a belt of land of incomplete expropriation (*72) of a part of the cadastral lots through which the facility will stretch, and of individual lots to accommodate the appurtenant above-ground facilities. In addition to an incomplete or complete expropriation, access easement agreements concluded with the owners of the cadastral lots shall also be recognized as evidence of resolved property-rights relations for construction of line infrastructure facilities. For construction of small hydropower plants, which are to be constructed on cadastral lots bordered by lots within water land or forest land, the building plot is to be formed within the cadastral lot on which the main facility is going to be built while, for laying installations over the water land or forest land, an access easement agreement concluded with a public company or any other organization managing the water land or forest land shall be recognized as evidence of resolved property-rights relations, in accordance with a separate law. Small hydropower plants may also be constructed on agricultural land, subject to a prior approval obtained from the ministry in charge of agricultural affairs. For construction and/or mounting of electric power facilities or equipment, a building plot may be formed of a smaller size than the area envisaged in the planning document for the particular zone, provided there is an access to the facility and/or to the equipment, for the purpose of maintenance and elimination of defects or accidents. An access easement agreement with the owner of the servient estate shall be recognized as the resolved access to a public traffic area. A lease agreement on the land which is private property, signed with its owner in compliance with separate regulations, may be recognized as a piece of evidence on resolved property-rights relations for the land designated for power plants. The Allotment/Reallotment Plan, i.e. the plan forming the building plot shall be prepared prior to submitting the application for the Location Permit. 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 prepared by a company or by another legal entity or an entrepreneur, registered in the relevant registry of designers. Drawing up of the allotment plan shall be managed by a town planner-in-charge, an architect. The specified plan must also contain the Design of Geodetic Survey Benchmarking. The allotment or reallotment plan shall be submitted for verification to the authority in charge of town planning affairs of the unit of local self-government. 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 lodged to the municipal or to the city/town council within 3 days as of the date of its submittal. Thereafter, the Application for undertaking 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. Further to the above application, the authority in charge of the affairs of state survey and cadastre shall hand down the Decision on forming of the cadastral lot(s). An appeal may be lodged against this decision within 15 days as of the date of submitting the decision. For obtaining the Location Permit for the structures of small hydropower plants, the Article of the Law on Planning and Construction, which regulates special cases of forming of a building plot, may be applied.
Water Requirements, Water Approval, and Water Permit (*73)
The Law on Waters differentiates between the general and special use of waters. Use of water for energy generation, i.e. in small hydropower plants, falls under the special use of waters. The right to the special use of water shall be acquired by the Water Permit and, if special use of waters is based on a concession deed, then the right to use the water shall be acquired in compliance with the Concession Agreement. The Law on Waters has also introduced special rules regarding the design and carrying out of the construction works on structures. Designing and construction of structures shall be carried out in such a manner as to: 1) Enable discharge of waters back into the watercourse after exploitation of the energy; 2) Not to reduce the current volume or to preclude the use of water for supply to the citizens and other users; 3) Not to degrade the level of protection from detrimental impact of waters; 4) Not to deteriorate the conditions of sanitary protection; 5) To ensure their multipurpose use. This Law defines the following documents related to water management: 1) Water Requirements, 2) Water Approval, 3) Water Permit, and 4) Water Order. The water documents are issued by the Ministry of Agriculture, Forestry and Water Management when a hydropower plant is constructed in Serbia proper. However, if the power plant is to be constructed in the territory of the Autonomous Province, then such documents are issued by the competent authority in charge of agriculture, forestry and water management in the Autonomous Province and, if the structure is located in the territory of the City of Belgrade, the water documents are issued by the Water Administration. Water documents shall be issued within two months from the date of the application. An appeal against a water document issued by the competent authority of the Autonomous Province of Vojvodina, or by the Water Administration may be submitted to the minister within 15 days. The discontented party may initiate an administrative suit against the decision issued by the Ministry. The Law prescribes that, in the procedure for preparation of the technical documentation for construction of new and reconstruction of the existing structures and for carrying out of other works, which may have impact on the changes in the water regime, the investor shall have to obtain Water Requirements (specifying technical and other criteria 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 structures and works has been prepared in compliance with the Water Requirements. The Water Permit, which shall be obtained once the structure is constructed (an Operating Permit cannot be issued without having obtained the Water Permit), specifies the manner and conditions for the exploitation and use of waters and discharge of waters. The procedures for issuing the above documents will be explained in more detail herein below. Prior to the issuing of 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 hydro meteorological affairs (the Republic Hydro-Meteorological 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).