Source: eKapija | Thursday, 02.06.2011.| 16:00
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Construction of Small Hydroelectric Power Plants and Power Generation in Serbia - Construction Permit, Construction of a Structure, and Operating Permit

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Upon completion of the technical review of the Main Design and after getting a positive report on the completed review, or verification of accuracy on the actual design, the Application for the Construction Permit shall be submitted to the competent authority of the local self-government unit. Issuance of the Construction Permit for construction of a small hydropower plant is within the remit of the competent body of a local self-government unit.

If a small power plant is located in protected environs of outstanding cultural assets with clearly defined borders of cadastral lots, and of cultural assets registered in the Lists of the World Cultural and Natural Heritage and of structures in protected areas in compliance with the decision on protection of cultural assets, as well as of structures within the boundaries of a national park and of structures within the boundaries of protection of a protected outstanding natural asset, then, in compliance with the law, the application shall be submitted to the ministry in charge of civil engineering affairs or to the competent authority of the Autonomous Province, if the power plant is located in its territory.

The following shall be submitted with the application for the Construction Permit (*96): 1) The location permit; 2) The Main Design in three copies, including the report on the completed technical review and verification of its accuracy; 3) The evidence of the ownership right or of the right to lease the construction land; 4) The evidence of the regulated relationship with respect to the payment of the fee for the construction land development; 5) The evidence of payment of the administrative fee; 6) The Energy Permit (if the capacity of the power plant exceeds 1 MW).

For the structures for which the Construction Permit is issued by the Ministry, or by the Autonomous Province, the report of the Review Committee shall also be submitted with the application. The Construction Permit shall be issued within eight days from the date of a duly submitted application. The Construction Permit shall be issued in the form of a decision. The Main Design shall be an integral part of this decision. The Construction Permit shall particularly contain the data on: 1) The investor; 2) The structure the construction of which is permitted (including the data on the overall dimensions, surface area, estimated cost); 3) The cadastral lot on which the structure is to be constructed; 4) The period of validity of the Construction Permit and the deadline for completion of construction, 5) The documentation that served as a basis for the issuance.

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If, upon receipt of the application, the competent authority should establish that the design has not been prepared in compliance with the codes of construction contained in the Location Permit, it shall notify the investor within 8 days and order him to harmonize the design within 30 days. If the investor fails to do so within the stipulated time, the application shall be declined. An appeal against the decision on the Construction Permit issued by a local self-government shall be decided on by the Ministry of Environment and Spatial Planning. The competent body of the Autonomous Province shall decide on an appeal against the first-instance decision handed down in the procedure for issuance of the Construction Permit, which has been passed by the competent body of a unit of local self-government, handed down for construction of structures, which are to be constructed in the territory of the Autonomous Province.

The City of Belgrade shall decide on an appeal against the first-instance decision on the Construction Permit handed down by the competent body of a local self-government unit for construction or reconstruction of structures of up to 800 m of gross floor area, in the territory of the City of Belgrade.

No appeal may be lodged against the decision on the Construction Permit handed down by the competent ministry or by the competent body of the Autonomous Province, but an administrative suit may be instituted by action.

The Construction Permit shall cease to be valid if construction of the structure is not commenced within two years as of the date of legal validity of the decision.

Construction of a Structure and Technical Inspection of the Structure

The Investor shall report to the authority, which has issued the Construction Permit, and to the competent building inspector, on the commencement of construction of the structure, 8 days prior to the commencement of carrying out of the work. If the Construction Permit has been issued by the Ministry of Environment and Spatial Planning, or by the competent authority of the Autonomous Province, the report shall also be submitted to the building inspectorate the territory of which includes the location of the structure, for which the report on commencement of execution of the work is submitted.

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The report shall contain the date of commencement and the deadline for completion of construction, or of carrying out of the work. Prior to the commencement of construction, the investor shall carry out: 1) marking of the building plot, regulation, leveling, and building lines, in compliance with the regulations governing carrying out of surveying; 2) Marking of the construction site with an adequate panel, which shall contain: data on the structure that is being constructed, the investor, the designer-in-charge, the contractor, the date of commencement of construction, and the deadline for completion of construction. Construction of structures, or the work may be carried out by a company or by another legal entity or by an entrepreneur, registered in the relevant registry for construction of structures, or for carrying out of the work (hereinafter referred to as: the contractor).

Construction of a structure, or carrying out of the work referred to in Article 133, paragraph 2 of the Law on Planning and Construction may undertaken by a company or by another legal entity, which is registered in the relevant registry for construction of such type of structures, or for carrying out of that type of work, which has employed persons with the licenses for the contractor-in-charge and adequate professional results, or which has the license for construction of structures for which the approval for construction is issued by the ministry, or by the Autonomous Province.

Obligations of the contractor shall be as follows: prior to the commencement of the work, to sign the Main Design, to issue a decision designating the Main Contractor, to provide for the Main Contractor the Construction Contract and the documentation based on which the structure shall be constructed, to provide preventive measures for safe and sanitary work in compliance with the law. The Contractor shall: carry out the work according to the documentation based on which the Construction Permit has been issued, organize the construction site in the manner, which will ensure access to the location, ensure safety of the structure and persons at the construction site and its environs, provide evidence of the quality of the work carried out, keep the daily progress record, the program and progress record, and provide the inspection book, secure the structures and environs in case of cessation of the work.

The Construction Contract, the Decision designating the Main Contractor and the Main Design i.e. the documentation based on which the project is developed, shall be kept on the Site at all times. The investor shall provide supervision in the course of construction of the structure, or of carrying out of work for which the Construction Permit has been issued. Supervision may be exercised by the person, who fulfills the requirements prescribed by the Law on Planning and Construction for the designer-in-charge or for the Main Contractor.

The persons, who are employed in a company or in another legal entity or in an entrepreneur’s as a contractor on the subject facility, the persons, who exercise the inspection supervision, and the persons, who work on the tasks of issuing the Construction Permits in the authority in charge of issuing the Construction Permits, shall not be engaged in exercising the supervision over the structure.

Fitness of a structure for use shall be established through technical inspection. Technical inspection of a structure shall be carried out upon completion of construction of the structure, within 30 days as of the date of a duly submitted Application for carrying out of the technical inspection of the structure to the competent authority in charge of civil engineering affairs.

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Technical inspection of structures, for which the Construction Permit has been issued by the Ministry shall be carried out by the commission formed by the Minister in charge of civil engineering affairs or by a company or by another legal entity, assigned to carry out such tasks and whose name has been entered into the relevant registry for engaging in such activities. Technical inspection of the structure, for which the Construction Permit has been issued by the competent authority of the Autonomous Province, shall be carried out by the commission formed by that authority or by a company or by another legal entity, assigned to carry out such tasks and whose name has been entered into the relevant registry for engaging in such activities.

Technical inspection of the structure, for which the Construction Permit has been issued by a unit of local self-government, shall be carried out by the commission formed by the authority in charge of civil engineering affairs within the unit of local self-government or by a company or by another legal entity, which has been assigned to carry out such tasks and which is registered in the relevant registry for engaging in such activities.

Technical inspection of a structure shall be procured by the investor, in compliance with the Law on Planning and Construction. During the technical inspection of the facilities for which the environmental impact assessment study has been made, a person, who is an expert in the area that is the subject of the study and who has acquired higher education in an adequate field, or at a course, at the postgraduate academic studies - master, specialist academic studies, or at undergraduate studies lasting minimum five years (*97) must participate in carrying out of the technical inspection.

The costs of the work of the Commission shall be paid by the investor. Minutes shall be taken of the technical inspection, which shall be signed by the members of the Commission. If, for the purpose of establishing the fitness of a structure for use, preliminary tests and checking of installations, equipment, plants, stability or safety of the structure, equipment, and plants for environmental protection, equipment for fire prevention or other tests must be performed, or if there is such a provision in the technical documentation, the commission for technical inspection, or the entity who has been assigned to carry out the technical inspection, may propose to the competent authority to allow setting of the facility into trial operation, provided it has established that the requirements for that have been met.

The decision on approval for setting the facility into trial operation shall specify the time of duration of the trial operation, which may not exceed one year, as well as the obligation of the investor to monitor the results of the trial operation and, upon the expiry of the trial operation period, to submit the data on its results to the competent authority. The commission for technical inspection, or another entity assigned to carry out the technical inspection, in the course of the trial operation of the facility, shall verify whether the requirements for issuing of the Operating Permit have been met and, upon expiry of the deadline for the trial operation, it shall submit its report to the authority in charge of issuing of the Operating Permit.

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Operating Permit

A facility may be used after the Operating Permit has been previously obtained. The authority in charge of issuing of the Construction Permit (*98) shall issue a decision on the Operating Permit within seven days from the date of receipt of the findings of the commission for the technical inspection establishing that the facility is fit for use. The Operating Permit shall also contain the warranty period for the facility and certain types of
works specified in a special regulation. (*99)

The procedure for obtaining the Operating Permit involves two stages. An appeal may be lodged, within 15 days as of the date of submitting the decision, to the Ministry in charge of construction affairs, or to the authority of the Autonomous Province, if the structure is located in the territory of the Autonomous Province. There shall be no appeal against the decision on the Operating Permit issued by the ministry in charge of civil engineering affairs, or by the competent authority of the Autonomous Province, but an administrative suit may be instituted by action within 30 days from the date of submitting it.

Details of Relevant Legislation

(*96) In case the capacity of a small hydropower plant exceeds 2MW and if the competent body has established that the Environmental Impact Assessment Study is required, in order to obtain the Construction Permit, it shall also be necessary to submit the Environmental Impact Assessment Study already approved by the competent body.

(*97) By virtue of Article 31, paragraph 2 of the Law on Environmental Impact Assessment, the competent authority, which has managed the procedure of impact assessment, shall appoint the person, who shall participate in the work of the commission for technical inspection. This appointed person may be employed or appointed at the competent authority, or at another authority and organization or may be an independent expert, who possesses evidence of the professional background for participation in the work of the technical commission referred to in Article 22 of this Law. The Operating Permit may not be issued unless such appointed person confirms that the requirements from the decision on giving the approval on the Impact Assessment Study have been fulfilled, in case the Decision has been handed down that the Study must be made (valid for the power plants of a capacity exceeding 2MW).

(*98) The competent authority of the local self-government unit, or the Ministry of Environment and Spatial Planning, or the competent authority of the Autonomous Province, if the facility is located in the territory of the Autonomous Province, shall be in charge of issuing the Construction Permit or the Operating Permit for a small hydropower plant, in case the facility is constructed in protected environs of outstanding cultural assets and of cultural assets registered in the Lists of World Cultural and Natural Heritage, in accordance with the regulation on protection of cultural assets, as well as for structures within the boundaries of a national park and the structures within the boundaries of protection of a protected natural asset of outstanding significance.

(*99) The Decision on Minimum Warranty Periods for Certain Types of Constructed Capital Projects or Works Carried Out on Such Structures (Official Herald of SRS, No. 2/74).

Note: This text is taken from the document-guide for investors "Construction of Small Hydropower Plants and Power Generation in the Republic of Serbia", of which authors are Dr. Branislava Lepotic Kovacevic, PhD Law, Biljana Trajkovic, MSc C. Eng, 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.

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