Source: eKapija | Monday, 06.06.2011.| 13:09
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Construction of Plants and Electricity/Heat Generation from Hydrogeothermal Resources in the Republic of Serbia - Sources of Law

Sources of Law (*1)

Utilization of geothermal resources for generation of heat or electricity is rather complex and it is done in compliance with numerous regulations of the Republic of Serbia. This activity encroaches upon the areas of mining laws, energy laws, corporate laws, civil engineering laws, general obligation code, etc. First of all, it is necessary to differentiate the process of exploration and exploitation of a geothermal resource (mineral resource), then the process of construction of a facility for utilization of heat, generation of heat, or of electricity, and the process of engaging in the activity of heat or of electricity generation.

The sources of law of the Republic of Serbia can be classified in three main groups of laws and regulations, which will be discussed in further chapters of this text. The first group of laws and regulations includes those that govern the area of exploration and exploitation of a geothermal resource. The second group of laws and regulations includes those that regulate the requirements for and method of space development, development and use of construction land, and the construction of a concrete energy facility, requirements and the procedure for obtaining the Construction Permit for construction of such a facility, as well as the requirements for and method of establishing the fitness of such a facility for use and obtaining the Operating Permit.

The third group of laws and regulations includes those that are related to acquiring the right to engage in the activity of heat or electricity generation, because this is a two-step procedure: the first step is to acquire the right to engage in an activity of public interest and the second one is to acquire the right to engage in an energy-related activity. It should be emphasized that the Law on Concessions (*2) is the only statute of the Republic of Serbia further to which one may simultaneously acquire the right to exploit a geothermal resource, to construct an energy facility, and the right to engage in an energy-related activity of public interest.

(Photo: b)

The right to explore and exploit a geothermal energy resource is regulated in the Republic of Serbia in the following statutes and regulations: the the Law in Mining (*3), the Law on Geological Explorations (*4), the Law on Ascertaining and Classification of Mineral Raw Material Reserves and Presentation of Data on Geological Explorations (*5), the Rulebook on Criteria Based on which Potential of an Area Is Determined Concerning Mineral Raw Materials Findings (*6), the Rulebook on Contents of Geological Investigation Design (*7), the Rulebook on Classification and Categorization of Ground Water Reserves and Keeping Records Thereof (*8), the Rulebook on Contents of Mining Designs (*9), the Rulebook on Method of Taking Mining Measurements (*10), the Rulebook on Contents of Long-term Program of Exploitation of Mineral Raw Material Deposits and Annual Plans of Carrying out of Mining Works (*11), the Rulebook on Requirements to Perform Certain Expert Tasks in Exploitation of Mineral Raw Materials (*12), the Rulebook on Requirements and Criteria for Assignment of Carrying out of Geological Exploratory Works and Allocation of Resources to Carry out Such Works (*13), the Rulebook on Requirements and Method of Carrying out Technical Inspection of Mining Facilities (*14), the Rulebook on Requirements for Review of Technical Documentation, Inspection and Testing of Instruments of Labor, Installations and Working Environment and Training of Workers in Safe Work (*15), the Rulebook on Requirements, Method, and Program of Taking Licensing Examination to Carry out Expert Tasks in Exploitation of Mineral Raw Materials (*16), the Rulebook on Method of Payment of Fee for Exploitation of Mineral Raw Materials (*17) the Rulebook on Contents of Feasibility Study for Exploitation of Deposits of Mineral Raw Materials (*18), the Law on Ministries (*19), the Law Establishing Certain Competences of the Autonomous Provinces (*20), the Rulebook on Requirements, Method, and Program of Taking Licensing Examination for Preparing Designs and Studies and Conducting Geological Explorations (*21), the Decree on Fee for Exploitation of Non-metallic Raw Materials for Obtaining Building Materials for 2010.

Details of Relevant Legislation

(*1) When writing this text, the authors used the sources of law that were effective on August 27, 2010.

(*2) The Law on Concessions (Official Gazette of the RoS, No. 55/03).

(*3) The Law in Mining (Official Gazette of the RoS, Nos. 44/95, 85/05-superceding law, 101/05- superseding law, 34/06, and 104/09).

(*4) The Law on Geological Explorations (Official Gazette of the RoS, No. 44/95).

(*5) The Law on Ascertaining and Classification of Mineral Raw Material Reserves and Presentation of Data on Geological Explorations (Official Gazette of the FRY, Nos. 12/98 and 13/98).

(*6) The Rulebook on Criteria Based on which Potential of an Area Is Determined Concerning Mineral Raw Materials Findings (Official Gazette of the RoS, No. 51/96).

(*7) The Rulebook on Contents of Geological Investigation Design (Official Gazette of the RoS, No. 51/96).

(*8) The Rulebook on Classification and Categorization of Ground Water Reserves and Keeping Records Thereof (Official Gazette of the SFRY, No. 34/79).

(*9) The Rulebook on Contents of Mining Designs (Official Gazette of the RoS, No. 27/97).

(*10) The Rulebook on Method of Taking Mining Measurements (Official Gazette of the RoS, No. 40/97).

(*11) The Rulebook on Contents of Long-term Program of Exploitation of Mineral Raw Material Deposits and Annual Plans of Carrying out of Mining Works (Official Gazette of the RoS, No. 27/97).

(*12) The Rulebook on Requirements to Perform Certain Expert Tasks in Exploitation of Mineral Raw Materials (Official Gazette of the RoS, Nos. 40/97 and 32/98).

(*13) The Rulebook on Requirements and Criteria for Assignment of Carrying out of Geological Exploratory Works and Allocation of Resources to Carry out Such Works (Official Gazette of the RoS, No. 51/96).

(*14) The Rulebook on Requirements and Method of Carrying out Technical Inspection of Mining Facilities (Official Gazette of the RoS, No. 40/97).

(*15) The Rulebook on Requirements for Review of Technical Documentation, Inspection and Testing of Instruments of Labor, Installations and Working Environment and Training of Workers in Safe Work (Official Gazette of the RoS, No. 13/2000).

(*16) The Rulebook on Requirements, Method, and Program of Taking Licensing Examination to Carry out Expert Tasks in Exploitation of Mineral Raw Materials (Official Gazette of the RoS, No. 13/2000).

(*17) The Rulebook on Method of Payment of Fee for Exploitation of Mineral Raw Materials
(Official Gazette of the RoS, No. 102/06).

(*18) The Rulebook on Contents of Feasibility Study for Exploitation of Deposits of Mineral Raw Materials (Official Gazette of the RoS, No. 108/06).

(*19) The Law on Ministries (Official Gazette of the RoS, Nos. 65/08 and 36/09).

(*20) The Law Establishing Certain Competences of the Autonomous Provinces (Official Gazette of the RoS, No. 6/02).

(*21) The Rulebook on Requirements, Method, and Program of Taking Licensing Examination for Preparation of Designs and Studies and Conducting of Geological Explorations (Official Gazette of the RoS, No. 21/96).

Note: This text is taken from the document-guide for investors "Construction of Plants and Heat/Electricity Generation from Hydrogeothermal Resources in the Republic of Serbia", of which authors are Dr. Branislava Lepotic Kovacevic, PhD Law, Stanislan Milosavljevic, BSc M. 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.

Companies:
USAID Beograd
GIZ Beograd
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