LAWON THE ENVIRONMENTAL IMPACT ASSESSMENT("Off. Herald of RS", Nos. 135/2004 and 36/2009) |
Article 1
This Law shall regulate the impact assessment procedure for projects that can have a significant impact on the environment, the contents of the environmental impact assessment study, participation of interested bodies and organizations and the public, cross-border notification for projects that can have a significant impact on the environment of another state, supervision, and other issues significant for the environmental impact assessment.
The provisions of this Law shall not apply to projects intended for national defense.
Article 2
Certain terms used in this Law shall have the following meaning:
1) Public shall encompass one or more natural or legal persons, their associations, organizations or groups;
2) Competent body shall be a body responsible for implementing the impact assessment procedure within the authorizations established by this Law, namely:
- The ministry competent for environmental protection affairs (hereinafter: Ministry) - for projects where the construction approval for the project is issued by the republic’s administrative body;
- Body of the autonomous province administration in charge of environmental protection affairs - for projects where implementation approval is issued by an autonomous province body;
- Body of the local self-government unit competent for environmental protection affairs - for projects where implementation approval is issued by a local self-government body;
3) Project leader shall be the party submitting the request for acquiring a permit or approval for the construction or reconstruction of a facility or other interventions in the nature and in the natural environment, i.e. the person planning to pursue or is currently pursuing an activity within a field subject to an environmental impact assessment;
4) Project shall be:
- Implementation of construction works, installation of installations, plants and equipment, their reconstruction, removal, and/or change of technology, work process technology, feedstock, raw materials, energy sources and waste;
- Other interventions in nature and the natural environment, including works encompassing the exploitation of mineral resources;
5) Environmental Impact Assessment shall be a preventive measure of environmental protection based on drafting studies and implementing consultations with public participation and analyses of alternative measures, aiming to collect data and anticipate the harmful effects of certain projects on the lives and health of people, flora and fauna, soil, water, air, climate and landscape, material and cultural assets, and the interactions of such factors, as well as to identify and propose measures to prevent, mitigate or eliminate harmful effects, having in mind the feasibility of such projects (hereinafter: Impact Assessment);
6) Environmental Impact Assessment Study shall be a document analyzing and assessing the quality of environmental factors and their sensitivity within a given area and the mutual impact of existing and planned activities, anticipating direct and indirect harmful effects of the project on environmental factors, as well as measures and conditions for preventing, mitigating and eliminating harmful effects on the environment and human health (hereinafter: Impact Assessment Study);
7) Interested public shall encompass the public the project has an effect on, or is likely to have an effect on, including non-governmental organizations engaged in environmental protection and registered with the competent body;
8) Interested bodies and organizations shall be bodies and organizations of the Republic, i.e. autonomous province and local self-government, and companies, authorized for establishing the conditions and issuing permits, approvals and consents for the construction of facilities, planning and zoning, monitoring the state of environment, performing activities, and the protection and use of labor generated and natural assets.
Article 3
The subject matter of Impact Assessment shall encompass the projects that are planned and implemented, changes of technology, reconstructions, capacity expansions, termination of work and the elimination of projects that may have a significant impact on the environment.
The subject matter of Impact Assessment shall also be projects realized without drafting an Impact Assessment Study, and without an approval for construction, or being used without a use permit (hereinafter: Impact Assessment of the As-Built State).
Impact Assessments shall be undertaken for projects in the field of industry, mining, energy, transport, tourism, agriculture, forestry, water management, waste management and utility activities, as well as projects planned for a protected natural asset and within the protected surroundings of an immovable cultural asset.
Projects referred to in paragraphs 1 and 2 of this Article may be subject to an Impact Assessment if their implementation, i.e. use is in accordance with the regulations governing planning and construction.
Projects Requiring an Impact Assessment
Article 4
The Government of the Republic of Serbia (hereinafter: Government) shall prescribe the following:
1) List of projects requiring a mandatory Impact Assessment;
2) List of projects for which Impact Assessment may be demanded.
The competent body shall decide on the need for an Impact Assessment for projects referred to in paragraph 1, item 2) of this Article by applying the prescribed criteria.
The regulation referred to in paragraph 1 of this Article shall describe projects and establish criteria for deciding on the need to draft an Impact Assessment for projects referred to in paragraph 1, item 2) of this Article.
Obligation of Obtaining Consent to the Impact Assessment
Article 5
The leader of a project requiring a mandatory Impact Assessment and a project where the need for an impact assessment has been established may not initiate realization, i.e. construction and implementation of the project, without the consent of the competent body for the Impact Assessment Study.
II IMPACT ASSESSMENT PROCEDURE
Phases in the Impact Assessment Procedure
Article 6
The Impact Assessment Procedure shall consist of the following phases:
1) Deciding on the need for an Impact Assessment for projects referred to in Article 4, paragraph 1, item 2) of this Law;
2) Establishing the scope and contents of the Impact Assessment Study;
3) Deciding on whether to give consent to the Impact Assessment Study.
Collecting Data and Documentation
Article 7
The competent bodies and other bodies and organizations shall, at the request of the project leader, provide the required data and documentation of importance for identifying and assessing potential direct and indirect environmental impact by the project within 15 days as of the date of receiving a request.
If the body and organization do not have the required data, information and documentation, they shall notify the project leader of this in writing within the time limit referred to in paragraph 1 of the Article.
1. Deciding on the Need for an Impact Assessment
Request for a Decision on the Need for an Impact Assessment
Article 8
The leader of a project where an Impact Assessment may be required shall submit a request for a decision on the need for an Impact Assessment (hereinafter: Request on the Need for an Impact Assessment) to the competent body.
The Request on the Need for an Impact Assessment shall be submitted on the prescribed form and contain the following:
1) Data on the project leader;
2) Description of the location;
3) Description of the characteristics of the project;
4) Overview of the main alternatives considered;
5) Description of environmental factors that may be exposed to the impact;
6) Description of the potential significant harmful environmental effects of the project;
7) Description of measures envisaged to prevent, mitigate and eliminate the significant harmful effects;
8) Other data and information upon request by the competent body.
The following documentation shall be submitted along with the request referred to in paragraph 2 of the Article:
1) Extract from the urban plan or certified urban planning project, i.e. act on urban planning conditions not older than one year;
2) Concept solution or concept design, i.e. extract from the concept design;
3) Graphical overview of the micro and macro location;
4) Conditions and approvals by other competent bodies and organizations obtained in accordance with other laws;
5) Evidence of payment of the republic administrative fee;
6) Other evidence upon request by the competent body.
Under extraordinary circumstances, the extract from the applicable urban plan, i.e. other relevant urban planning document, shall not be submitted if the activity is planned within an existing facility whose purpose is being changed, and if the project leader submits the application for the change of purpose confirmed by the body competent for issuing construction approvals.
The minister competent for environmental protection affairs (hereinafter: Minister) shall prescribe in further detail the contents of the Request on the Need for an Impact Assessment.
Deliberation on the Request on the Need for an Impact Assessment
Article 9
If the Request on the Need for an Impact Assessment is invalid, the competent body shall request additional data and documentation from the project leader and establish the time limit for their submission.
Should the leader of the project fail to submit additional data, notifications and documentation on the need for an Impact Assessment within the given time limit, the competent body shall dismiss the request as invalid, except under the cases referred to in Article 7, paragraph 2 of this Law.
Deciding on the Request on the Need for an Impact Assessment
Article 10
The competent body shall notify the interested bodies and organizations and the public on the submitted Request on the Need for an Impact Assessment within ten days as of the date of receiving a valid request.
The notification referred to in paragraph 1 of the Article shall in particular contain data on the following:
1) Project leader;
2) Name, type and location of the project planned for implementation;
3) Place and time for enabling insight into the data, information and documentation from the project leader's request;
4) Nature of the decision to be adopted based on the request submitted;
5) Name and address of the competent body.
Interested bodies and organizations and the interested public may submit their opinions within ten days as of the date of receiving the notification referred to in paragraph 1 of the Article.
The competent body shall decide on the submitted request within ten days as of the date of expiry of the time limit established under paragraph 3 of the Article, taking into account the specifics of the project and location, as well as the submitted opinions by interested bodies and organizations, and the interested public.
In the decision whereby it establishes the need for an environmental impact assessment, the competent body may determine the scope and contents of the Impact Assessment Study.
In the decision whereby it establishes the lack of a need for an environmental impact assessment, the competent body may determine the minimum environmental protection conditions, in accordance with other regulations.
The competent body shall serve the decision referred to in paragraph 4 of the Article on the project leader, and it shall notify thereof the interested bodies and organizations, as well as the public within three days as of the date of adopting the decision.
Right to Appeal
Article 11
The project leader and the interested public may file an appeal against the decision of the competent body on the request for deciding on the need for an Impact Assessment.
The appeal referred to in paragraph 1 of the Article shall be submitted to the competent second degree body in accordance with the law regulating environmental protection.
The competent second degree body shall issue a decision regarding the appeal within 30 days as of the date of receiving the appeal.
2. Establishing the Scope and Contents of the Impact Assessment Study
Request for Establishing the Scope and Contents of the Impact Assessment Study
Article 12
The leader of a project where an Impact Assessment is mandatory and where the competent body has established the obligation of an Impact Assessment shall submit a request to establish the scope and contents of the Impact Assessment Study (hereinafter: Request for Establishing the Scope and Content).
The Request for Establishing the Scope and Content shall be submitted on the prescribed form and it shall contain the following:
1) Data on the project leader;
1a) Description of the location;
2) Description of the project;
3) Overview of the main alternatives considered;
4) Description of environmental factors that may be exposed to the impact;
5) Description of the potential significant harmful effects of the project;
6) Description of measures envisaged to prevent, mitigate and eliminate the significant harmful effects;
7) Non-technical summary of the data listed under 2) to 6);
8) Data on potential difficulties encountered by the project leader in collecting data and documentation;
9) Other data and information upon request by the competent body.
The following documentation shall be submitted along with the request referred to in paragraph 2 of the Article:
1) Extract from the urban plan or certified urban planning project, i.e. act on urban planning conditions not older than one year;
2) Concept design, i.e. extract from the concept design;
3) Graphical overview of the micro and macro location;
4) Conditions and approvals by other competent bodies and organizations obtained in accordance with separate laws;
5) Evidence of payment for the republic administrative fee;
6) Other evidence upon request by the competent body.
The Minister shall prescribe in further detail the contents of the Request for Establishing the Scope and Contents of the Impact Assessment Study.
Consideration of the Request for Establishing the Scope and Contents of the Impact Assessment Study
Article 13
Upon receiving the Request for Establishing the Scope and Contents the competent body shall act as established under Article 9 of this Law.
Deciding upon the Request
Article 14
The competent body shall notify interested bodies and organizations, as well as the public, on the submitted request within ten days as of the date of receiving the Request for Establishing the Scope and Contents.
Interested bodies and organizations, and the interested public, may submit their opinions on the submitted request within 15 days as of the date of receiving the notification referred to in paragraph 1 of the Article.
The competent body shall decide on the scope and content of the Impact Assessment Study at the latest within ten days as of the date of expiry of the time limit established in paragraph 2 of the Article, taking into account the specifics of the project and location, as well as submitted opinions by interested bodies and organizations, and the interested public.
The competent body shall submit the decision referred to in paragraph 3 of the Article to the project leader, notifying thereof the interested bodies and organizations, as well as the public within three days as of the date of adopting the decision.
Right to Appeal against a Decision on the Request for Establishing the Scope and Contents of the Impact Assessment Study
Article 15
The project leader and the interested public may file an appeal against the decision of the competent body on the request for establishing the scope and content of the Impact Assessment Study.
The appeal referred to in paragraph 1 of the Article shall be submitted to the competent second degree body in accordance with the law regulating environmental protection.
The competent second degree body shall adopt a decision regarding the appeal within 30 days as of the date of receiving the appeal.
3. Deciding on Issuing Consent to the Impact Assessment Study
Request for Issuing Consent to the Impact Assessment Study
Article 16
The project leader shall submit a request for issuing consent to the Impact Assessment Study (hereinafter: Request for Consent) to the competent body.
The following shall be submitted along with the request referred to in paragraph 1 of this Article:
1) At least three copies of the study in written and one in electronic form;
2) Decision by the competent body from the preceding phase of the procedure.
The project leader shall submit the Request for Consent at the latest within one year as of the date of receiving the final decision establishing the scope and contents of the Impact Assessment Study.
Should the project leader submit the Request for Consent upon expiry of the time limit referred to in paragraph 3 of the Article, the competent body shall decide on the submitted request depending on the circumstances of each specific case.
Upon receiving the Request for Consent the competent body shall act in the manner established under Article 9 of this Law.
Contents of the Impact Assessment Study
Article 17
The Impact Assessment Study shall contain the following:
1) Data on the project leader;
2) Description of the location where project implementation is planned;
3) Description of the project;
4) Overview of the main alternatives considered by the project leader;
5) Overview of the state of the environment at the location and in the near vicinity (micro and macro location);
6) Description of the project’s potential effects on the environment;
7) Environmental impact assessment in case of accident;
8) Description of measures envisaged to prevent, mitigate and, where possible, eliminate any significant harmful impact on the environment;
9) Program of monitoring environmental impact;
10) Non-technical brief overview of the data listed under items 2) to 9);
11) Data on technical deficiencies or lack of adequate professional knowledge and skills or inability to obtain adequate data.
The Impact Assessment Study shall be accompanied by the obtained conditions and consents of other competent bodies and organizations, in accordance with other laws.
The Impact Assessment Study shall also contain basic data on the persons, i.e. qualification of persons participating in its drafting, the person responsible, date of drafting, signature by the responsible person and certification of the signature by the seal of the authorized organization having drafted the study.
The Minister shall prescribe in further detail the contents of the Impact Assessment Study.
Obligation of Drafting an Impact Assessment Study in the Procedure of Obtaining a Permit or Approval for the Implementation of the Project
Article 18
The Impact Assessment Study and consent for the Impact Assessment Study, i.e. the decision that an environmental impact assessment is not required, are an integral part of the documentation submitted along with the request for issuing approval for construction or with application reporting the start of implementation of the project (construction, execution of works, change of technology, change of business activity and other activities).
Authorization for Drafting the Impact Assessment Study
Article 19
An Impact Assessment Study may be drafted by a legal person or a sole trader if they are registered with the relevant registry for engaging in the activities of design, engineering and drafting of studies and analyses.
The legal person and sole trader referred to in paragraph 1 of this Article shall form a multidisciplinary team for drafting the Impact Assessment Study composed of persons holding evidence of qualifications for drafting an Impact Assessment Study, i.e. for the fields that are subject matter of the study they are involved in drafting.
A person shall be qualified for drafting an Impact Assessment Study if they hold higher education qualifications from the relevant field and at least five years of experience working in the profession, or the title of responsible designer.
Public Review, Presentation and Hearing about the Impact Assessment Study
Article 20
The competent body shall provide for the public review, organize the presentation and implement a public hearing on the Impact Assessment Study.
The competent body shall notify the project leader, interested bodies and organizations, and the public on the time and place of the public review, public presentation, as well as public hearing on the Impact Assessment Study within seven days as of the date of receiving the Request for Consent for the Impact Assessment Study.
The public hearing may be held at the earliest 20 days as of the date of notification of the public.
The project leader shall participate in the public presentation and public hearing on the Impact Assessment Study.
The Minister shall further prescribe the procedure for public review, presentation and hearing.
Amendments and Additions to the Impact Assessment Study
Article 21
(Deleted)
Technical Commission
Article 22
The competent body shall form a technical commission for the evaluation of the Impact Assessment Study at the latest within ten days as of the date of receiving the Request for Consent.
The chairman of the technical commission shall be appointed from among the employees or appointed persons within the competent body.
Persons may be appointed as members of the technical commission if holding higher education qualifications in the relevant profession, i.e. field and relevant professional results, from among the following:
1) Employees or appointed persons within the competent body;
2) Employees or appointed persons within interested bodies and organizations;
3) Independent experts.
Members of the technical commission may not be persons who:
1) Participated in drafting the Impact Assessment Study which is subject to the evaluation;
2) Are founders of the legal person or a sole trader who have drafted the Impact Assessment Study or employees of such persons;
3) Founders or employees of the project leader;
4) Spouses, consanguineous relatives up to the fourth degree of kinship and in-law relatives up to the second degree of kinship with persons listed under items 1) to 3);
4a) Employed as inspectors, i.e. persons undertaking inspection supervision over the project the Impact Assessment Study is drafted for.
The competent body may form one or several technical commissions.
Submitting the Impact Assessment Study to the Technical Commission
Article 22a
The competent body shall submit the Impact Assessment Study to the technical commission within three days of its forming.
Upon the completed public review, i.e. public presentation and public hearing, the competent body shall submit a report to the technical commission with an overview of the opinions of interested bodies and organizations, and the interested public, within three days.
Evaluation Procedure of the Impact Assessment Study
Article 23
The technical commission shall examine the Impact Assessment Study, study the report with the systematized overview of the opinions of interested bodies and organizations and the interested public and assess the suitability of the envisaged measures to prevent, mitigate and eliminate the potential harmful effects of the project on the state of the environment on location and in the near vicinity, during project implementation, the operation of the project, in case of accident and upon the termination of project operation.
The chairman of the technical commission may invite the project leader, the persons processing the Impact Assessment Study, as well as representatives of competent bodies and organizations that have issued conditions, consents and opinions in the preceding procedure to the commission session.
At the proposal of the technical commission, the competent body may request the project leader to draft amendments and additions to the submitted Impact Assessment Study within a given time limit.
Should the project leader fail to act fully in accordance with the request referred to in paragraph 3 of the Article, the competent body may, at the proposal of the technical commission, approve at most one additional time limit for amendments and additions to the Impact Assessment Study.
The technical commission shall submit the report with the evaluation of the Impact Assessment Study and proposed decision to the competent body at the latest within 30 days as of the date of receiving the Impact Assessment Study from the competent body.
The time limit referred to in paragraph 5 of this Article shall not be running during the time provided for the project leader for amendments and additions to the Impact Assessment Study.
The Minister shall further prescribe the method of work of the technical commission.
Deciding on Issuing Consent to the Impact Assessment Study
Article 24
The competent body shall adopt the decision on issuing consent to the Impact Assessment Study or rejecting the request for issuing consent to the Impact Assessment Study, based on the implemented procedure and report by the technical commission and submit it to the project leader within ten days as of the date of receiving the report.
The decision on issuing consent to the Impact Assessment Study shall identify in particular the conditions and measures to prevent, mitigate and eliminate harmful environmental effects.
The decision referred to in paragraph 1 of this Article shall be submitted by the competent body to the competent environmental protection inspector.
Notification of Interested Bodies and Organizations, and the Public
Article 25
The competent body shall notify interested bodies and organizations and the public on the decision on issuing consent to the Impact Assessment Study or on rejecting the request for issuing consent to the Impact Assessment Study within ten days as of its adoption, regarding the following:
1) Contents of the decision;
2) Main reasons the decision is based on;
3) Key measures the project leader shall undertake to prevent, mitigate or eliminate harmful effects.
Right to Administrative Dispute
Article 26
The decision by the competent body referred to in Article 24 of this Law shall be final.
The party submitting the request and the interested public may initiate an administrative dispute against the decision referred to in paragraph 1 of the Article.
Providing the Documentation for Review
Article 27
The competent body shall provide the full documentation on the implemented impact assessment procedure to interested bodies and organizations and representatives of the public, upon a request submitted in writing, within 15 days as of the date of receiving the request.
Documents protected as trade, official or state secrets shall be exempt from the obligation of providing for a review of the documentation referred to in paragraph 1 of this Article.
Trade, official or state secrets referred to in paragraph 2 of the Article may not protect data related to emissions, environmental status and potential negative impact and consequences, risks of accident, results of monitoring and inspection supervision.
Updating the Environmental Impact Assessment Study
Article 28
The project leader shall initiate the implementation, i.e. construction and execution of the project within two years as of the date of receiving the decision on issuing consent to the Impact Assessment Study.
Upon expiry of the time limit referred to in paragraph 1 of the Article, upon request by the project leader, the competent body may adopt a decision on drafting a new Impact Assessment Study or updating the existing Impact Assessment Study.
The competent body shall decide on updating the existing Impact Assessment Study upon request by the project leader, and if, during the construction, i.e. execution of the project the project leader must deviate from the documentation used to draft the environmental impact assessment study the consent was issued for.
The request referred to in paragraph 3 of the Article shall be submitted prior to the submission of the request for issuing approval for construction upon the amended documentation.
The request referred to in paragraphs 2 and 3 of this Article shall contain data prescribed for the request for determining the scope and contents of the Impact Assessment Study.
The provisions of this Law regulating the determination of scope and contents of the Impact Assessment Study and deciding on issuing consent to the Impact Assessment Study shall be applied mutatis mutandis to the procedure upon request referred to in paragraphs 2 and 3 of this Article.
4. Method for Informing the Public
Article 29
The competent body shall notify the public regarding its decisions referred to in Article 10, paragraphs 1 and 4, Article 14, paragraphs 1 and 4, Articles 20 and 25 of this Law, by way of at least one local newspaper in each of the official languages published within the area to be encompassed by the impact of the planned project, i.e. activity.
The competent body shall notify interested bodies and organizations in writing.
The notification referred to in paragraphs 1 and 2 of this Article may also be made by way of electronic media.
5. Environmental Impact Assessment of the As-Built State
Article 30
The leader of a completed project requiring an Impact Assessment according to the provisions of this Law, which was built without approval for construction or is used without approval for use, shall submit a request for the following:
1) Providing consent to the environmental impact assessment study of the as-built state (hereinafter: Study of the As-Built State) for projects referred to in Article 4, paragraph 1, item 1) of this Law;
2) Deciding on the need for an Impact Assessment of the As-Built State for projects referred to in Article 4, paragraph 1, item 2) of this Law.
The following shall be submitted along with the request referred to in paragraph 1 of the Article:
1) Copy of the registration of the facility built without approval for construction and notification on the options for harmonizing the facility with the urban plan, i.e. conditions for issuing an approval for construction;
2) Extract from design of the as-built facility;
3) Report by an authorized organization with data on emissions and report on the results of measurements and testing of environmental factors the project impacts, not older than six months;
4) Graphical overview of the micro and macro location;
5) Evidence of payment for the republic administrative fee.
A study of the As-Built State shall be drafted based on the design of the as-built facility, emission data and results of measurements and testing of environmental factors and shall have its contents as prescribed by this Law for the Impact Assessment Study.
The competent body shall decide on the need to produce a study of the As-Built State and on providing consent or rejecting the request for providing consent to the study of the As-Built State according to the procedure prescribed by this Law.
6. Verifying Fulfillment of Conditions from the Consent for the Impact Assessment
Article 31
During the procedure of technical review of projects having received consent for the Impact Assessment Study it shall be determined whether the conditions from the decision on issuing consent to the Impact Assessment Study have been fulfilled, in accordance with the law regulating the construction of facilities.
The competent body that led the impact assessment procedure shall appoint a person to participate in the work of the technical review commission.
The person referred to in paragraph 2 of this Article may be employed or appointed at the competent body, i.e. other body and organization, or an independent expert having evidence of qualifications for participating in the work of the technical commission referred to in Article 22 of this Law.
Use permit may not be issued if the person referred to in paragraph 2 of this Article does not confirm that the conditions from the decision on issuing consent to the Impact Assessment Study have been fulfilled.
7. Notification on Potential Cross-Border Impacts
Article 32
If the project may have significant impact on the environment of another state, or if the state whose environment may be significantly endangered requests it, the Ministry shall, as soon as possible, and at the latest when it or the competent body notify their public, submit for opinion to another state notifications on the following:
1) Project along with all available data on its potential impact;
2) Nature of the decision that may be adopted;
3) Deadline wherein the other state may present its intent to participate in the impact assessment procedure.
The Ministry shall notify the state participating in the impact assessment procedure on the decision on issuing consent to the Impact Assessment Study or the rejection of the Request for Issuing Consent by submitting a notification on the contents of the decisions and determined conditions; the main reasons the decision is based on, including reasons on the acceptance or rejection of obtained opinions of interested bodies, organizations and the interested public; if needed, the key measures the project leader shall undertake to prevent, mitigate or eliminate harmful environmental effects.
The Ministry shall notify the public on the received notifications on the cross-border impacts of the proposed project of another state.
The obtained opinions of the interested public shall be taken into consideration by the Ministry when issuing an opinion to the competent body of another state.
8. Expenses of the Project Leader
Article 33
The project leader shall bear the costs of drafting, amending and updating the Impact Assessment Study, drafting the Study of the As-Built State, notification and participation of the public in the impact assessment procedure and the work of the technical commission.
The amount of costs for the work of the technical commission shall be determined by the Minister.
9. Obligation of Keeping Records
Article 34
The competent body shall keep records on the implemented procedures and adopted decisions as a public ledger.
The Minister shall prescribe the contents, appearance and method of keeping the public ledger.
10. Mutatis Mutandis Application of the Law
Article 34a
The provisions of the law regulating the general administrative procedure shall apply mutatis mutandis to issues of initiating, running and finalizing the impact assessment procedure not regulated by this Law.
Article 35
Supervision over the implementation of the provisions of this Law and regulations adopted thereupon shall be performed by the Ministry.
Inspection supervision shall be performed by the Ministry by way of environmental protection inspectors (hereinafter: Inspector) within the scope established by this Law.
Rights and Duties of Inspectors
Article 36
In undertaking inspection supervision the Inspector shall have the right and duty to determine the following:
1) Whether the obligation of submitting a request for obtaining consent to the impact assessment was completed for projects referred to in Article 4, paragraph 1, item 1) of this Law;
2) Whether the obligation of submitting a request for deciding on the need for impact assessment was completed for projects referred to in Article 4, paragraph 1, item 2) of this Law;
3) Whether the obligation of the project leader from the decision on issuing consent to the Impact Assessment Study has been completed;
4) Whether the obligation of the leader of a completed project for submitting a request for deciding on the need for drafting an Study of the As-Built State and issuing consent or rejecting the request for issuing consent to the Study of the As-Built State has been completed;
5) Whether the obligation of the leader of a completed project from the decision on consent to the Study of the As-Built State has been completed.
Authorizations of the Environmental Protection Inspector
Article 37
In undertaking inspection supervision the Inspector shall be authorized to:
1) Order the submission of a request to initiate the impact assessment procedure;
2) Order the submission of a request to initiate the as-built impact assessment procedure;
3) Prohibit the execution of the project and performance of business activities until the consent of the competent body for the Impact Assessment Study has been obtained;
4) Order compliance with the requirements and the implementation of measures established in the decision on issuing consent to the Impact Assessment Study and decision on issuing consent to the Study of the As-Built State, i.e. decision establishing the minimum environmental protection requirements;
5) Prohibit the performance of activities until compliance has been achieved with the requirements and until the measures established in the decision on issuing consent to the Impact Assessment Study and decision on issuing consent to the Study of the As-Built State have been implemented;
5a) Prohibit the performance of business activities if the request for issuing consent to the Study of the As-Built State has been rejected;
6) File a report against a legal person and the responsible person within the legal person for a commercial offense committed according to the provisions of this Law;
7) File a report against a natural person and the responsible person within the legal person for a misdemeanor committed according to the provisions of this Law.
An appeal may be filed with the Minister against the decision of the Inspector referred to in paragraph 1, items 1) to 5a) within 15 days as of the date of receiving the decision.
Cooperation of Competent Inspection and Other Bodies
Article 38
If during inspection supervision the environmental protection inspector assesses that other laws have been violated, he/she shall notify the body competent for the implementation of such laws without delay.
Entrusting Inspection Supervision
Article 39
The autonomous province and local self-government unit shall be entrusted with inspection supervision affairs over the implementation of the provisions of this Law for projects where the autonomous province, i.e. local self-government body is competent for running the impact assessment procedure.
An appeal may be filed with the Minister against the decision of the inspector referred to in paragraph 1of this Article within 15 days as of the date of receiving the decision.
Article 40
A fine of RSD 150,000 to 3,000,000 shall be levied against a legal person - project leader for a commercial offense if it:
1) Initiates project implementation without the consent of the competent body for the Impact Assessment Study (Article 5);
2) Fails to comply with the requirements or fails to implement the measures from the decision on issuing consent to the Impact Assessment Study (Article 24, paragraph 2);
3) Fails to obtain consent of the competent body for the Study of the As-Built State (Article 30, paragraph 1).
The person responsible in the legal person - project leader shall also be punished for the commercial offense referred to in paragraph 1 of the Article with a fine of RSD 30,000 to 200,000.
Article 41
In addition to the prescribed fine for the commercial offense referred to in Article 40 of this Law, a measure of prohibition on engaging in a certain business activity may be imposed on the legal person, while a measure of prohibition on performing a certain duty for up to five years may be imposed on the person responsible.
Misdemeanor Liability of the Project Leader
Article 42
A fine of RSD 30,000 to 1,000,000 shall be levied against a legal person - project leader for a misdemeanor if it:
1) Fails to submit a request for a decision making on the need for an Impact Assessment (Article 8);
2) Fails to submit a Request for Consent to the Impact Assessment Study (Article 16).
The person responsible with the legal person - project leader shall also be punished for the misdemeanor referred to in paragraph 1 of the Article with a fine of RSD 10,000 to 50,000.
Misdemeanor Liability of the Responsible Person in the Competent Body
Article 43
A fine of RSD 10,000 to 50,000 shall be levied against the responsible person in the competent body for a misdemeanor if he/she:
1) Fails to adopt a decision on the need to draft an Impact Assessment Study, decision on the scope and contents of the Impact Assessment Study and decision on issuing consent to the Impact Assessment Study contrary to the provisions of this Law (Art. 10, 14 and 24);
2) Fails to provide the documentation on the implemented impact assessment procedure for review (Article 20);
3) Fails to implement the cross-border notification procedure (Article 32);
4) Fails to keep the prescribed records (Article 34).
V TRANSITIONAL AND FINAL PROVISIONS
Time Limit for Submitting a Request for Obtaining Consent to the Study of the As-Built State
Article 44
The leader of a completed project referred to in Article 4, paragraph 1, item 1) of this Law shall submit a request for obtaining consent to the Study of the As-Built State to the competent body within one year as of the date of entry into force of this Law.
The leader of a completed project referred to in Article 4, paragraph 1, item 2) of this Law shall submit a request for deciding on the need to draft a Study of the As-Built State to the competent body within six months as of the date of entry into force of this Law.
Resolving Requests Submitted Earlier
Article 45
Resolving requests submitted until the date of entry into force of this Law shall be finalized according to the provisions of the Law on Environmental Protection ("Official Herald of RS", Nos. 66/91, 83/92, 53/93, 67/93, 48/94 and 53/95).
Cessation of Validity of Regulations
Article 46
The Rulebook on the Analysis of the Environmental Impact of Facilities i.e. Works ("Official Herald of RS", No. 61/92) and the Rulebook on the Conditions and Criteria for Drafting an Environmental Impact Analysis of Facilities and Works ("Official Herald of RS", No. 49/01) shall apply until the adoption of the act referred to in Article 4, paragraph 1 and Article 17, paragraph 4 of this Law.
Article 47
This Law shall enter into force on the eighth day as of the date of publication in the "Official Herald of the Republic of Serbia".
INDEPENDENT ARTICLES OF THE LAW ON AMENDMENTS AND ADDITIONS TO THE LAW ON THE ENVIRONMENTAL IMPACT ASSESSMENT
("Off. Herald of RS", No. 36/2009)
Article 28
Proceedings initiated by the date of entry into force of this Law shall be finalized under the regulations that were in force by the date of entry into force of this Law.
Article 29
Project leader, who has the final decision on the identified need for environmental impact assessment, and who, until the date of entry into force of this Law, has not submitted a request for determining the scope and contents of the Impact Assessment Study, shall, within 60 days from the date of entry into force of this Law, submit to the competent body a request for determining the scope and contents of the Impact Assessment Study.
If the project leader submits a request for determining the scope and contents of the Impact Assessment Study upon expiry of the time limit specified in paragraph 1 of this Article, the competent body shall adopt a conclusion on the rejection of the request.
Article 30
The leader of the completed project who has the final decision on the established need for Impact Assessment of the As-Built State, and until the date of entry into force of this Law has not filed a request for issuing consent to the Study of the As-Built State, shall submit the request for issuing consent to the Study of the As-Built State to the competent body, within 120 days from the date of entry into force of this Law.
If the project leader submits the request for issuing consent to the Study of the As-Built State upon expiry of the time limit specified in paragraph 1 of this Article, the competent body shall adopt a conclusion on the rejection of the request.
Article 31
This Law shall enter into force on the eighth day as of the date of publication in the "Official Herald of the Republic of Serbia".