LAWON ENVIRONMENTAL IMPACT ASSESSMENT("Off. Herald of the RS", No. 94/2024) |
Article 1
This Law shall regulate the procedure for assessing the environmental impact of projects that may have significant effects on the environment, the content of the project’s impact assessment study, the participation of relevant authorities, organizations, and the public, cross-border consultations on projects that can have significant effects on the environment of another state, monitoring, and other issues of importance for the environmental impact assessment.
The provisions of this Law shall not apply to projects whose sole purpose is suppression and prevention of immediate threat to human life, health, or property, or rescuing of people and property, and only for the duration of the stated circumstances that are determined by a special act of a competent authority, as well as to projects or parts of projects aimed at the defense of the country.
Article 2
The individual terms used in this Law shall have the following meanings:
1) Public shall encompass one or more natural or legal persons, their associations, organizations or groups;
2) Prime contractor shall be an entity submitting the application for approval to implement a project, or a public authority body initiating a project, or a person planning to perform or is already performing works and activities within a project which is subject to the environmental impact assessment.
3) Project shall be:
(1) the construction of a structure, reconstruction of a structure, implementation of works on a structure, expansion of capacity or cessation of work, installation or implementation of installations, plants, and equipment, their reconstruction, removal, or modification of technology (technology of a work process, raw material, reproductive material, energy sources, and waste).
(2) Planning, construction, or implementation of multiple facilities, interventions, and/or complex systems that are time-wise or spatially interconnected, constituting a unified economic and/or technical- technological whole, which are regarded as a single project in terms of this Law.
(3) Other activities, works, and interventions in the nature and natural environment, including works and activities related to the exploitation of mineral resources or geological surveys, except for hydrogeological, hydrogeothermal, petrogeothermal, and engineering geological-geotechnical surveys.
4) Approval for project implementation shall be an act of a competent authority, issued in accordance with a regulation, whereby the construction, implementation of works, or continuation of project activities is approved (building permit, decision approving the implementation of works, consent for the exploitation of riverbed materials, approval for geological surveys, approval for the construction of mining facilities, and/or approval for the implementation of mining works, and other);
5) Authority responsible for approving the project shall be a body, organization, or holder of public powers that is competent for the issuance of the approval for the project implementation.
6) Project’s impact assessment study shall be a document that analyses and evaluates the quality of environmental factors and their sensitivity in a given area and mutual impacts of existing and planned activities, forecasts the direct and indirect impacts of the project on environmental factors, as well as the measures and conditions to prevent, reduce, and eliminate the negative impacts of the project on the environment and human health (hereinafter referred to as: the project’s impact assessment study).
7) Interested public shall encompass the public that is affected or is likely to be affected by the project, or whose right or interest based on law can be affected by a decision in the impact assessment process or by an approval for the implementation of the project. Citizen associations in the field of environmental protection, which advocate for environmental protection interests (prepare and realize their protection programs, safeguard their rights and interests in the field of environmental protection, propose protective measures and activities, participate in decision-making processes in accordance with the law, contribute to or directly engage in informing about the environmental), and are registered with the competent authority, shall be considered to have a legally established interest that can be affected by a decision in the impact assessment process or by the approval for the implementation of the project.
8) Interested bodies and organizationsshall be the bodies and organizations of the Republic of Serbia, i.e. of the autonomous province and the local government unit and the enterprise, that are authorized for establishment of conditions and issuance of permits, approvals, and consents for the building of structures, spatial planning and development, protection and monitoring of the state of the environment, performing of activities in the field of public health, and protection and utilization of natural and man-made resources.
9) Assessment of acceptability for the ecological network (hereinafter referred to as the "acceptability assessment") shall be the process through which the potential impacts that a project by itself or together with another project, works, and activities, can have on the preservation and integrity of the ecological network area, and shall consist of a preliminary and a main acceptability assessment.
10) Ecological networkshall constitute a coherent, functionally and spatially connected entity established for the purpose of preserving habitat types of particular significance for the protection, restoration, and/or enhancement of degraded habitats, and for the conservation of habitats of wild species of flora and fauna, and it shall be comprised of ecologically significant areas, ecological corridors, and a protective zone where necessary to shield ecologically significant areas and ecological corridors from potential negative external influences, in accordance with the regulations governing the protection of nature.
11) Natural wealthshall be the natural resources comprising: the air, water, land, forests, geological resources, plants and animal life;
12) Seveso facility and Seveso complex shall refer to a facility and complex in accordance with the regulations governing the control of hazards from major accidents involving hazardous substances.
13) Public inspectionshall be a process of publishing the documentation subject to the impact assessment procedure, making the documentation available to the public both electronically and in printed form, and providing expert support from the competent authority to all participants of the public inspection.
14) Public debate and presentationshall refer to a public gathering attended by representatives of the competent authority, the prime contractor, the creator of the project’s impact assessment study, interested bodies and organizations, and the public, during which the study is presented by creator, and in which the participants of the gathering exchange opinions, raise objections, comments, and suggestions related to the study subjected to public debate.
15) Public consultationsshall represent the informing, collecting data and information through exchange of opinions and dialogue between the competent authority, interested bodies and organizations, and the public in the decision-making process about the providing of approval for the project’s impact assessment study.
Assessment of the Project’s Impact on the Environment
Article 3
The assessment of a project’s impact on the environment shall encompass the determination, description, and evaluation of direct and indirect, secondary, cumulative, cross-border, short-term, medium-term and long- term, permanent and temporary, positive and negative, significant impacts (hereinafter referred to as "the impacts") of a specific project on the following environmental factors:
1) Population and human health;
2) Biodiversity, especially habitat types and their functional connectivity, areas and other natural wealth covered by the protection of regulations governing nature protection;
3) Ecologically significant areas, ecological corridors, and the ecological network;
4) Ecosystems;
5) Water, air and soil;
6) Climate;
7) Material goods, tangible cultural heritage in accordance with the law governing the field of cultural heritage and landscape features protection;
8) Interaction among factors referred to in items 1) - 7) of this paragraph.
The assessment of the project’s impact on the environment shall also include the determination, description, and evaluation of expected risks from major accidents resulting from the project’s implementation, as well as the impact of the project on the environment in the event of natural disasters, and the assessment of expected risks arising from the project’s exposure to major accidents or natural disasters.
The procedure of project’s environmental impact assessment shall be carried out by the competent authority in accordance with the provisions of this Law, prior to the issuance of the approval for project implementation by the authority responsible for project approving.
Article 4
The subjects of the impact assessment shall be the projects that can have a significant impact on the environment, taking into account particularly their size, characteristics, or location of implementation, and which are determined in accordance with Article 5, paragraph 1 of this Law.
The subjects of the impact assessment shall also be the projects that, either alone or together with other completed, approved or planned projects, can have a significant impact on the environment, particularly having in mind their size, characteristics, or location of implementation.
The subjects of the impact assessment shall also be the projects that, either alone or together with other projects, works, or activities, can have a significant impact on the preservation and integrity of the ecological network area, in accordance with this Law and regulations governing nature protection.
The subjects of the impact assessment shall also be the strategic energy projects that are designated as strategic in accordance with the regulations governing the energy sector.
The projects referred to in paragraphs 1-4 of this Article can be the subjects of impact assessment if their implementation i.e. use is in accordance with the regulations governing planning and construction, nature and environment protection, and other regulations of the Republic of Serbia.
Projects Subject to Impact Assessment
Article 5
The Government shall prescribe:
1) List of projects for which an impact assessment is mandatory.
2) List of projects for which there is an obligation to submit a request for a decision on the need for an impact assessment.
The regulation referred to in paragraph 1 of this Article shall establish the projects and criteria for determining the necessity of an impact assessment for the projects referred to in paragraph 1, item 2) of this Article, which particularly relate to the size and characteristics of the project, the vulnerability of the environment in the place of project’s implementation, and the type and characteristics of potential impacts.
The competent authority shall decide on the need for an impact assessment for the projects referred to in paragraph 1, item 2) of this Article by applying the prescribed criteria.
Article 6
For the projects specified in Article 5, paragraph 1, items 1) and 2) of this Law, an opinion shall be obtained from the Ministry responsible for environmental protection (hereinafter referred to as: the Ministry) concerning the need for initiating the impact assessment procedure during the issuance of location conditions, in accordance with the law governing planning and construction.
A request for the opinion referred to in paragraph 1 of this Article can also be obtained during the procedure for issuing location information.
The Ministry shall also provide the opinion referred to in paragraph 1 of this Article upon the request of the prime contractor, i.e. the applicant.
A request for the opinion referred to in paras. 1-3 of this Article shall contain:
1) Data on the prime contractor, i.e. the applicant;
2) Project title and all planned components of the project and/or construction phases;
3) Data on the location, i.e. cadastral parcels where the project is planned to be implemented;
4) Data on the physical characteristics of the project (surface area, length, capacity in accordance with the project specifics).
The opinion referred to in paras. 1-3 of this Article shall not exempt the prime contractor referred to in Article 5, paragraph 1, it. 1) and 2) of this Law, from the obligation to initiate the environmental impact assessment procedure.
Article 7
The Ministry shall conduct the impact assessment procedure within the scope of the powers established by this Law, for:
1) Projects stated in the list of projects for which the impact assessment is mandatory in accordance with Article 5, paragraph 1, item 1) of this Law;
2) Facilities that are subject to the issuance of an integrated permit, which is issued by the Ministry in accordance with the law governing integrated industrial pollution prevention and control;
3) Seveso facilities and Seveso complexes;
4) Projects that are implemented in the territory of two or more local self-government units;
5) Projects that are subject to the obligation of conducting the acceptability assessment in accordance with special law;
6) International projects and projects with cross-border impact;
7) Other projects for which the approval for project implementation is issued by a competent authority of the Republic.
The authority of the autonomous province competent for environmental protection shall conduct the impact assessment procedure within the scope of the powers established by this Law for projects referred to in paragraph 1, items 1)-5) of this Article, and other projects for which the approval for project implementation is issued by the competent authority of the autonomous province which are fully implemented within the territory of the autonomous province as tasks entrusted by law.
For projects referred to in paragraph 1, items 1)-5) of this Article which are only partially implemented within the territory of the autonomous province, the Ministry shall conduct the impact assessment procedure within the scope of the powers established by this Law.
The authority of the local self-government unit competent for environmental protection shall conduct the impact assessment procedure within the scope of powers established by this Law for all projects not listed in paragraphs 1 and 2 of this Article.
Article 8
If the competent authority for conducting the impact assessment procedure is simultaneously a prime contractor that is subject to decision-making, the impact assessment procedure, within the powers established by this Law, shall be conducted by:
1) The Ministry - if the prime contractor is a local government unit or an autonomous province;
2) The authority of the autonomous province - if the prime contractor is a local government unit within the territory of the autonomous province;
3) The Government - if the prime contractor is the Ministry.
Obligation to Obtain Approval for the Impact Assessment
Article 9
In case of a project where the impact assessment is mandatory and of a project where there is an obligation to file a request for a decision on the need for impact assessment, the prime contractor shall, attached to the request for project implementation approval, submit the consent of the competent authority to the study and the impact assessment study, or a decision of the competent authority which determines that there is no need for the assessment of the project’s impact on the environment, and those shall be integral parts of the documentation on the basis of which the decision on approval of the implementation of the project is made.
The prime contractor cannot commence the construction and implementation of the project, or the commissioning of a project for which an impact assessment is mandatory or for which there is an obligation to submit a request for a decision on the need for an impact assessment, without the consent of the competent authority on the impact assessment study or the decision of the competent authority establishing that the project’s environmental impact assessment is not required.
The documentation on the basis of which the decision is made to approve the implementation of the project shall include measures and conditions for environmental protection.
The responsible designer who has created the documentation on the basis of which the decision to approve the implementation of the project is passed, or who has verified it in the technical control procedure, and the prime contractor shall confirm through their statement that the documentation referred to in paragraph 3 of this Article contains measures and conditions for environmental protection, that it is in accordance with them, i.e. that it further elaborates on them.
The prime contractor shall submit the statement referred to in paragraph 4 of this Article along with the request for approval to implement the project.
II IMPACT ASSESSMENT PROCEDURE
Phases in the Procedure of Impact Assessment
Article 10
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 5, paragraph 1, item 2 of this Law;
2) Determining the scope and content of the project’s impact assessment study;
3) Deciding on granting consent to the project’s impact assessment study.
Collecting Data and Documentation
Article 11
The competent authorities and other bodies and organizations shall, upon the request of the prime contractor, provide the necessary data, notifications, and documentation of relevance for determining and assessing the potential impacts of the project on environmental factors within 15 days from the date of receipt of the request.
If the authority or organization referred to in paragraph 1 of this Article does not possess the requested data, notifications and documentation, it shall notify thereof the prime contractor in writing within the time limit specified in paragraph 1 of this Article.
1. Deciding on the Need for an Impact Assessment
Request for Deciding on the Need for an Environmental Impact Assessment
Article 12
The prime contractor shall submit the request for deciding on the need for an impact assessment (hereinafter referred to as: the request on the need for impact assessment) to the competent authority in paper form or electronically for a project where there is an obligation to submit a request for a deciding on the need for an impact assessment.
The request on the need for impact assessment shall be submitted for the entire project, using the prescribed form. A copy of the request shall be submitted on a portable electronic data carrier (CD or USB) along with the paper form of the request.
The request referred to in paragraph 2 of this Article shall contain:
1) Prime contractor data;
2) Description of the location, particularly in terms of the environment’s vulnerability in the geographical area where the project is to be implemented and the area that may be exposed to impacts.
3) Name, description, and characteristics of the project throughout its entire duration, including, if necessary, the works related to its closure, i.e. decommissioning.
4) Overview of the reasonable alternatives that have been considered;
5) Description of the environmental factors that may be exposed to impact.
6) Description of the potential impacts of the project on environmental factors throughout the entire duration of the project, including, in particular, the impacts arising from:
(1) Expected emissions and anticipated waste production,
(2) Noise, vibrations, ionizing and non-ionizing radiation, light, heat,
(3) Nature and quantity of greenhouse gas emissions,
(4) Use of natural wealth, particularly land, water, plant, and animal life during implementation and exploitation,
(5) Cumulative impacts of the project and other implemented, approved, related or planned projects;
7) Proposal of measures to prevent, reduce, and eliminate significant negative impacts;
8) Non-technical summary of the data referred to in items 2) - 7) of this paragraph.
9) Data on potential difficulties encountered by the prime contractor in collecting data and documentation;
10) Other data and information at the request of the competent authority.
The following documentation shall be submitted with the request referred to in paragraph 3 of this Article:
1) Location conditions for projects for which a building permit is issued, i.e. approval for the execution of works for projects for which a building permit is not issued, or information on the location for other projects, or another document proving the project's compliance with the spatial planning document;
2) Decision of the competent authority made in the procedure of preliminary acceptability assessment for projects that, either alone or together with another project, works, or activities, can have an impact on the preservation and integrity of the ecological network area;
3) Conditions and consents of other competent authorities and organizations obtained in accordance with a special law;
4) Concept design or design, i.e. an extract from the design or feasibility study for the exploitation of mineral resources, or an extract from the study;
5) Graphic representation of the micro and macro location;
6) Other evidence at the request of the competent authority.
The Minister responsible for environmental protection matters (hereinafter: Minister) shall regulate in more detail the appearance and content of the request form for the need of impact assessment and the documentation to be submitted with the request.
Consideration of the Request for the Need of Impact Assessment
Article 13
If the request on the need for impact assessment is incomplete, the competent authority shall request additional data, notifications and documentation from the prime contractor and set a deadline for their submission.
Should the applicant of the request on the need for impact assessment fail to submit the requested additional data, notifications and documentation, within the specified deadline, the competent authority shall dismiss the request as incomplete, except in the case outlined in Article 11, paragraph 2 of this Law.
Deciding on the Request for the Need of Impact Assessment
Article 14
The competent authority shall notify the interested bodies and organizations, and the public of the submitted request on the need for impact assessment within 15 days from the date of receipt of the valid request.
The notification referred to in paragraph 1 of this Article shall, in particular, contain the information on:
1) Prime contractor;
2) Title, type, and location of the project whose implementation is planned;
3) Place and time, and the possibility of accessing the data, notifications and documentation from the prime contractor's request;
4) Decision that may be made reached on the submitted request;
5) Name and address of the competent authority.
The public, as well as the interested bodies and organizations, can submit their opinion on the submitted request within 15 days from the date of the announcement i.e. receipt of the notification referred to in paragraph 1 of this Article.
The competent authority shall, within ten days from the expiration of the deadline specified in paragraph 3 of this Article, decide on the submitted request by applying the criteria set forth in Article 5, paragraph 2 of this Law, taking into account the data, documentation and notifications from the request, the opinions submitted by the interested bodies and organizations, and the public, and, where applicable, the results of already conducted procedures of environmental impact assessment or procedures of accident risk assessment in accordance with a special law.
By virtue of the decision establishing the need for an environmental impact assessment, the competent authority can also determine the scope and content of the project's impact assessment study.
By virtue of the decision establishing that an environmental impact assessment is not required, the competent authority can determine measures for the prevention, reduction, or elimination of negative impacts, or other minimal environmental protection conditions.
The decision referred to in paragraph 6 of this Article shall be an integral part of the documentation on the basis of which the decision on project implementation approval is made.
The competent authority shall submit the decision referred to in paragraph 4 of this Article to the prime contractor, competent environmental protection inspector, and the authority responsible for project approval, while the interested bodies and organizations, and the public shall be notified thereof within five days from the date of the decision rendering.
The notification referred to in paragraph 8 of this Article shall, in particular, contain the title and characteristics of the project, the reasons why the decision on the need for an environmental impact assessment was made, i.e. why the decision that an environmental impact assessment is not required was made.
Should the prime contractor fail to commence the implementation of the project within two years from the date of delivery of the decision referred to in paragraph 6 of this Article, or should the prime contractor be forced to deviate from the documentation on the basis of which the decision was made during the construction or implementation of the project, or if there is a significant alteration in environmental factors, i.e. should the prime contractor need to deviate from the environmental protection measures and conditions set forth in that decision, the prime contractor shall submit a new request for deciding on the need for impact assessment.
Preliminary Acceptability Assessment
Article 15
The authority competent for projects that, alone or together with another project, works, or activities, can affect the conservation objectives and integrity of the ecological network area, shall, when deciding on the request for the need of impact assessment in accordance with Article 14 of this Law, give particular consideration to the size, characteristics of the project, the vulnerability of the environment in the geographical area where the project is to be implemented, the type and characteristics of potential impacts of the projects, especially in relation to conservation objectives and integrity of the ecological network area.
The competent authority can pass the decision referred to in Article 14, paragraph 6 of this Law if, based on the conducted procedure and the decision made during the procedure of preliminary acceptability assessment, it determines that the project will not have significant negative impacts on the conservation objectives and integrity of the ecological network area.
In the decision that an impact assessment is not required, the competent authority shall, if necessary, impose impact mitigation and/or prevention measures whereby the possibility of occurrence of negative impacts of the project on the conservation objectives and integrity of the ecological network area is eliminated.
Right to Appeal
Article 16
The prime contractor, interested bodies and organizations, and the interested public can file an appeal against the decision of the competent authority on the request for deciding on the need for impact assessment.
The appeal referred to in paragraph 1 of this Article shall be filed with the competent appellate authority in accordance with the law governing environmental protection.
The competent appellate authority shall render a decision on the appeal within 30 days from the date of receipt of the appeal.
2. Determining the Scope and Content of the Project’s impact Assessment Study
Request for Determining the Scope and Content of the Project’s impact Assessment Study
Article 17
A prime contractor of a project for which an impact assessment is mandatory and for which the competent authority has determined the need for an impact assessment shall submit to the competent authority a request for determination of the scope and content of the project's impact assessment study (hereinafter referred to as: the request for determination of scope and content) in paper form or electronically.
The request for determination of scope and content shall be submitted for the entire project, using the prescribed form. A copy of the request shall be submitted on a portable electronic data carrier (CD or USB) along with the paper form of the request.
The request referred to in paragraph 2 of this Article shall contain data specified in Article 12, paragraph 3 of this Law.
The documentation specified in Article 12, paragraph 4 of this Law shall be added to the request referred to in paragraph 3 of this Article.
The Minister shall prescribe in more detail the appearance and content of the request form for the determination of scope and content of the project's impact assessment study, and the documentation to be submitted with the request.
Deliberation on the Request for Determining the Scope and Content of the Project’s Impact Assessment Study
Article 18
Upon receipt of the request for the determination of scope and content, the competent authority shall proceed in the manner specified in Article 13 of this Law.
Deciding on the Request
Article 19
The competent authority shall, within 15 days from the date of receipt of the valid request for the determination of scope and content, notify the public, interested bodies, and organizations about the submitted request.
The public, interested bodies, and organizations can submit their opinions on the submitted request within 15 days from the date of notification.
The competent authority may determine a longer deadline for submitting opinions if it assesses that this is necessary due to the complexity of the project. The deadline for submitting opinions on the request for the determination of scope and content shall not exceed 30 days.
The competent authority shall, no later than ten days from the day of expiration of the time limit specified in paragraph 2, i.e. paragraph 3 of this Article, render a decision on the determination of scope and content of the project's impact assessment study, taking into account the size and specific characteristics of the project, the vulnerability of the environment in the geographical area where the project is to be implemented, and the type and characteristics of potential impacts, data, documentation, and notifications from the request, as well as the opinions submitted by the interested bodies and organizations, and the public.
At the occasion of determining the scope and content of the project's impact assessment study, the competent authority shall consider the possibility of including in the project's impact assessment study the available results of already performed environmental impact assessment procedures or accident risk assessment procedures in accordance with a special law.
The competent authority shall deliver the decision referred to in paragraph 4 of this Article to the prime contractor and notify the interested bodies and organizations, and the public about it within five days from the date of rendering of the decision.
Right to Appeal against the Decision on the Request for Determining the Scope and Content of the Project's Impact Assessment Study
Article 20
The prime contractor, interested bodies and organizations, and the interested public can file an appeal against the decision of the competent authority regarding the request for determining the scope and content of the project's impact assessment study.
The appeal referred to in paragraph 1 of this Article shall be filed with the competent appellate authority in accordance with the law governing environmental protection.
The competent appellate authority shall render a decision on the appeal within 30 days from the date of receipt of the appeal.
3. Decision on Granting Consent to the Project’s Impact Assessment Study
Request for Granting Consent to the Project’s Impact Assessment Study
Article 21
The prime contractor shall submit to the competent authority a request for granting consent to the project's impact assessment study (hereinafter referred to as: request for consent) in paper or electronically.
Along with the request referred to in paragraph 1 of this Article, the project’s impact assessment study shall be submitted in paper or electronically.
Along with the request and the study in paper, a copy of the study shall also be submitted on a portable electronic storage device (CD or USB).
The prime contractor shall submit the request for consent no later than one year from the date of receipt of the final decision establishing the scope and content of the project's impact assessment study.
Upon a reasoned request submitted by the prime contractor before the expiration of the time limit specified in paragraph 4 of this Article, the competent authority may extend that time limit for up to six months.
If the prime contractor submits the request for consent after the expiration of the time limit specified in paragraph 4 i.e. paragraph 5 of this Article, the competent authority shall reject the request.
Upon receipt of the request for consent, the competent authority shall proceed in the manner set forth in Article 13 of this Law.
Content of the Project's Impact Assessment Study
Article 22
The Project's Impact Assessment Study shall contain:
1) Prime contractor data;
2) Description of the location where the project is planned to be implemented, with stated cadastral parcels and coordinates of the exploitation, i.e. exploration field, if the project pertains to the exploration, i.e. exploitation of mineral resources;
3) Name and description of the entire project, including size, technology, projected capacities, and other project characteristics relevant for determining and assessing significant impacts and risks throughout the project's duration;
4) Overview of the reasonable alternatives that have been considered;
5) Description of the potential environmental impacts of the project resulting from project’s construction and use, including, if necessary, a description of closure i.e. removal works, as well as the risks to environmental factors;
6) Presentation of the environmental condition in the geographical area of the project implementation site which could be impacted by the project (micro and macro location), and an assessment of the possible changes in environmental factors without the project’s implementation, based on available environmental condition data and scientific knowledge;
7) Description of the environmental factors that the project could impact throughout its duration, including, in particular:
(1) Applied technologies, materials used, projected capacity, constructions, equipment, energy consumption, etc., during the implementation and exploitation,
(2) Emissions of pollutants into the air, water, soil, noise, vibrations, ionizing and non-ionizing radiation, light, heat, and nuisances during the implementation and exploitation,
(3) Negative effects of expected residues, the generation, disposal, and recycling of waste during the implementation and exploitation,
(4) Types and expected quantities of greenhouse gas emissions during the implementation and exploitation,
(5) Project's vulnerability to climate changes during the implementation and exploitation,
(6) Use of natural resources, particularly land, water, plant, and animal life during the implementation and exploitation,
(7) Cumulative impacts of the project in combination with the impacts of other completed, approved, related, or planned projects in the geographical area of the project’s implementation site;
8) Description and assessments of the expected risks from major accidents and natural disasters to human health and the environment that may arise due to the implementation of the project or result from the project's exposure to risks of major accidents and/or disasters;
9) Proposed measures intended to prevent, reduce, and, where possible, eliminate the negative impacts of the project on environmental factors;
10) Proposal for a monitoring program of the project's impact on environmental factors;
11) Brief overview of data referred to in items 2)-10) of this paragraph - non-technical summary;
12) Description of forecasting methods or proofs used for determination and assessment of the project's impact on the environment;
13) Data on technical deficiencies or the absence of appropriate expertise and skills, or the inability to obtain the appropriate data.
The content of the study must be harmonized with the decision of the competent authority whereby its scope and content was set.
The prime contractor, when preparing the project’s impact assessment study, shall take into account the environmental protection requirements and objectives established in accordance with regulations in the field of environmental protection, the project's impact on the environment during its exploitation, and, if necessary, its closure and removal.
The prime contractor may use the results and/or data from the already conducted environmental impact assessment procedures or accident risk assessment procedure in accordance with a special law, if the specific impacts of the project on environmental factors can be reliably determined, described, and assessed based on them.
Along with the project’s impact assessment study, the conditions and consents of other competent authorities and organizations, obtained in accordance with a special law, shall be submitted.
For projects that, either alone or together with other project, works, and activities, can impact the preservation and integrity of the ecological network area, the study shall be accompanied also by a decision from the competent authority issued in the procedure of main assessment of acceptability, in accordance with regulations governing nature protection.
The project’s impact assessment study shall also include basic data on the individuals and their qualifications who participated in its preparation, on the responsible person, the date of creation, and the signature of the responsible person.
The Minister shall prescribe in more detail the content of the project’s impact assessment study and the documentation that is to be submitted with the study.
Main Assessment of Acceptability
Article 23
For projects that, either alone or together with another project, works, or activities, can impact the conservation objectives and integrity of the ecological network area, the procedure for the main assessment of acceptability for the ecological network shall be conducted in accordance with the law governing nature protection, prior to the decision-making process regarding the granting of consent to the project’s impact assessment study.
The prime contractor shall separately present, in the project’s impact assessment study, all impacts of the project on the conservation objectives and integrity of the ecological network, measures for preventing or mitigating the negative impacts of the project, and the method for monitoring the project's impact on the conservation objectives and integrity of the ecological network.
Authorization for the Preparation of the Project's Impact Assessment Study
Article 24
A legal person or a sole trader can prepare the project’s impact assessment study if they are registered in the appropriate register for conducting professional, scientific, or technical activity, design activity, engineering, and the preparation of studies and analyses.
The legal person or the sole trader referred to in paragraph 1 of this Article shall create a multidisciplinary team for the preparation of the project’s impact assessment study, consisting of individuals who shall possess proof of qualifications for the preparation of the project’s impact assessment study, i.e. for the fields that constitute the subject matter of the study in whose preparation they participate.
An individual shall be qualified to prepare the project’s impact assessment study if he/she has at least level 6.2 of qualifications in accordance with Article 5, item 7) of the Law on the National Qualifications Framework of the Republic of Serbia ("Official Herald of the RS", Nos. 27/18, 6/20, 129/21 - other law, and 76/23) in the relevant major and at least five years of experience in the profession or a title of a responsible designer.
The legal person or the sole trader referred to in paragraph 1 of this Article shall prepare the project’s impact assessment study based on accurate, complete, newest, reliable, and available data.
Public Consultations
Notifying the Public and the Authorities and Submission of Opinions
Article 25
The competent authority shall notify the interested authorities and organizations, and the public about the submitted request for consent, within ten days from the date of receipt of the complete request.
The notification referred to in paragraph 1 of this Article shall, in particular, contain the data on:
1) Prime contractor;
2) Title, type, and location of the project whose implementation is planned;
3) Location and time of exercising the right of public inspection into the request for consent, the project’s impact assessment study, and other data, notifications, and documentation from the request for consent;
4) Manner of enabling electronic access to data, notifications, and documentation referred to in item 3) of this paragraph;
5) Place and time of the project’s public presentation and the public debate;
6) Decision that could be made based on the submitted request;
7) invitation to relevant authorities, organizations, and the public to submit opinions and comments on the project’s impact assessment study, along with instructions on the submission procedure and deadlines;
8) Name and address of the competent authority.
The public, the interested authorities and organizations may submit their opinion on the project’s impact assessment study within 40 days from the date of notification.
The competent authority can set a longer time limit for submitting the opinion if it assesses that this is necessary due to the complexity of the project. The time limit for submitting the opinion on the project’s impact assessment study cannot exceed 60 days.
Presentation and Public Debate on the Project’s impact Assessment Study
Article 26
The competent authority shall carry out a presentation and public debate on the project’s impact assessment study (hereinafter: public debate).
The competent authority shall, within ten days from the date of receipt of the complete request for granting consent, notify the prime contractor, relevant authorities and organizations, and the public, of the time and place of the public debate.
The public debate shall be held no earlier than 30 days from the date of notifying the public.
The prime contractor shall participate in the public debate and be under the obligation to present all identified, described, and assessed impacts of the project on environmental factors in the project’s impact assessment study, including the elements, characteristics, and other features of the project, as well as the measures foreseen to avoid, prevent, mitigate, and where feasible, eliminate any negative impact of the project on the environment identified in the study, the method for monitoring the project's impact, reasonable alternatives considered, and the primary reasons for the selected solution.
The prime contractor shall ensure that the individual hired for the preparation of the project’s impact assessment study participates in the public debate and enable the public to directly address questions and provide comments, suggestions, objections, and opinions to the study's authors.
For projects that, individually or in combination with another project, works, and activities, may affect the preservation and integrity of the ecological network area, the prime contractor shall also present, within the framework of the public debate on the project, information on the potential impacts of the project on the conservation objectives and integrity of the ecological network area.
The public debate shall be held in the local self-government unit in whose territory the project is being implemented, and in the event that the project has a significant impact in another location too, the public debate shall also be conducted at that location.
Should there be significant risks to the health and safety of the participants in the public debate, the competent authority shall ensure the conduct of the public debate using technical equipment that enables remote communication via a video link over the internet.
The competent authority shall prepare a report on the conducted public debate, including the results, within seven days from the date of its taking place.
The Minister shall prescribe in more detail the procedure for public inspection, public presentation and debate, and the preparation of the report on the conducted public debate.
Approving the Project's Impact Assessment Study
Technical Commission
Article 27
The competent authority shall, no later than ten days from the date of receipt of the request for consent, establish a technical commission to evaluate the project’s impact assessment study.
The president of the technical commission shall be appointed from among the employees or appointed individuals within the competent authority.
The members of the technical commission shall be appointed from among individuals with at least 6.2 level of qualification in accordance with Article 5, item 7) of the Law on the National Qualifications Framework of the Republic of Serbia ("Official Herald of the RS", Nos. 27/18, 6/20, 129/21 - other law, and 76/23), in the relevant profession, i.e. major and relevant professional results, from among:
1) The employees or appointed individuals within the competent authority;
2) The employees or appointed individuals within the interested authorities and organizations;
3) The independent experts.
The members of the technical commission cannot be individuals who:
1) Have participated in the preparation of the project’s impact assessment study that is the subject of the evaluation;
2) Are founders, i.e. members of the legal person, or the sole trader who has prepared the project’s impact assessment study, or employees of those persons;
3) Are founders, i.e. members or employees of the prime contractor, or individuals who are otherwise commercially connected to the prime contractor or the entity that prepared the study;
4) Are spouses, blood relatives up to the fourth degree of kinship, and relatives by marriage up to the second degree of kinship of the individuals from items 1) - 3) of this paragraph;
5) Are inspectors who conduct inspection oversight over the project for which the impact assessment study has been prepared.
The competent authority can establish several technical commissions for the evaluation of the study.
Submission of the Project’s Impact Assessment Study to the Technical Commission.
Article 28
The competent authority shall submit the project’s impact assessment study to the technical commission within three days from the date of its establishment.
Upon completion of the public consultations and debate, the competent authority shall submit to the technical commission, within seven days, a report containing an overview of the opinions and comments from the public, interested authorities and organizations.
Procedure for the Evaluation of the Project’s Impact Assessment Study
Article 29
The technical commission shall examine the project’s impact assessment study, deliberate on the report containing a systematized overview of the opinions and comments from relevant authorities and organizations, and the public, and evaluate all impacts of the project on environmental factors and the suitability of the proposed project characteristics and measures and conditions for preventing, mitigating, and eliminating the potential negative impacts of the project on the state of the environment in the geographical area of the project implementation site, during the project's implementation, project’s operation, in the event of an accident, and after project’s decommissioning.
The president of the technical commission can invite the prime contractor, the author of the project’s impact assessment study, as well as representatives of the relevant authorities and organizations that have issued conditions, consents, and opinions in accordance with the special law, to attend the commission's meeting.
At the proposal of the technical commission, the competent authority may demand from the prime contractor to make amendments and additions to the submitted project’s impact assessment study within a specified time limit, which cannot be shorter than eight or longer than 60 days.
Should the prime contractor fail to fully comply with the demand referred to in paragraph 3 of this Article, the competent authority can, upon the proposal of the technical commission, approve at most one additional time limit for amendments and additions to the project’s impact assessment study.
The technical commission shall submit the report with the evaluation of the project’s impact assessment study and a proposal for a decision to the competent authority within 15 days from the date of receipt of the report containing an overview of the opinions and comments from the relevant authorities, organizations, and the public, as referred to in Article 28, paragraph 2 of this Law, i.e. within 15 days from the date of receipt of the amended and supplemented study from the competent authority.
For projects that, either individually or in combination with another project, works, and activities, may affect the goals of conservation and integrity of the ecological network area, the proposal for a decision of the technical commission with an evaluation of the potential impacts of the project on the conservation goals and integrity of the ecological network area, shall be submitted to the authority that made the decision in the procedure of main assessment of acceptability in order to provide its opinion thereon.
The minister shall regulate in more detail the method of work of the technical commission.
Additional Examination Procedure
Article 30
The competent authority may require additional notifications, clarifications, or data from the prime contractor if necessary for the evaluation of certain impacts of the project on environmental factors, the evaluation of the suitability of the proposed measures, and/or the characteristics of the project.
The competent authority may request additional clarifications, information, and data from other competent authorities and organizations too.
The competent authority shall order the examination of additional evidence, including, if necessary, expert witness opinions on circumstances that are essential for making a decision, if, based on the conducted procedure, it is not possible to make a complete evaluation of certain impacts of the project on environmental factors, project characteristics, or the suitability of the proposed measures and requirements for protection of the environment to prevent, reduce, or eliminate potential negative impacts of the project on specific environmental factors.
Decision-making on Granting Consent to the Project’s impact Assessment Study
Article 31
The competent authority shall pass a decision on granting consent to the project’s impact assessment study or on refusing the request for granting consent to the study, based on the conducted procedure of public and cross-border consultations, where such consultations were conducted, and based on the report of the technical commission, within ten days from the date of receipt of the technical commission's report.
The decision on granting consent to the project’s impact assessment study shall specify the measures and conditions for eliminating, preventing, and mitigating the negative impacts of the project on the environment, the measures for monitoring the project's impact on environmental factors, the time limit within which the prime contractor must commence the implementation of the project, and a warning that, if the prime contractor fails to do so within the set time limit, it must submit a request for a decision on the need to create a new study or update the one to which consent is being granted.
The following elements must be included in the reasoning of the decision referred to in paragraph 1 of this Article:
1) Description and assessment of the project's impacts on environmental factors identified in the procedure;
2) Assessment of the suitability of the proposed measures and conditions for preventing, reducing, or eliminating the negative impacts of the project on environmental factors identified in the procedure;
3) Assessment of the proposed measures for monitoring the significant impacts of the project on environmental factors;
4) Statement on the submitted opinions and objections of relevant authorities and organizations, and the public, and on the results of the conducted public and cross-border consultations;
5) Main reasons for making the decision to grant consent i.e. to refuse the request for granting consent to the project’s impact assessment study.
The time limit for commencing the implementation of the project shall not exceed two years from the date of serving of the decision upon the prime contractor.
The competent authority shall refuse the request for granting consent by passing a decision if, based on the conducted procedure and the report of the technical commission, it determines that:
1) The proposed project characteristics or measures and conditions are not suitable to prevent, reduce, or eliminate significant negative impacts of the project on environmental factors; or
2) The project is not harmonized with the prescribed environmental protection requirements; or
3) The implementation of the project would prevent or significantly hinder the achievement of environmental protection goals established by regulations in the field of environmental protection.
The decision referred to in paragraph 1 of this Article shall be delivered by the competent authority to the prime contractor, the competent environmental protection inspector, and the authority responsible for project approval.
The decision referred to in paragraph 1 of this Article and the study on the impact assessment of the project shall be integral parts of the documentation on the basis of which the decision on project implementation approval is made.
A project for which consent has been granted for the impact assessment study may be implemented in multiple phases.
The prime contractor referred to in paragraph 8 of this Article, who is implementing the project in multiple phases, shall submit a request for a decision-making on the need for updating the study if, during the course of the project’s implementation, reasons arise that warrant an update of the study as prescribed by this Law.
Decision on Granting Consent to Impact Assessment Study of a Project that can Impact the Conservation Goals and Integrity of the Ecological Network Area
Article 32
For a project which either alone or together with other projects, works, and activities, can impact the conservation and integrity of the ecological network area, the competent authority shall pass a decision to grant consent to the project’s impact assessment study if, based on the conducted procedure, the proposal of the technical commission, and the opinion of the authority that carried out the procedure of main acceptability assessment, it can draw a conclusion that the project, either alone or with another project, works or activities, will not have a significant negative impact on the goals of conservation and integrity of the ecological network area.
In the decision to grant consent to the project’s impact assessment study, the competent authority shall also impose, in addition to the measures and conditions referred to in Article 31, paragraph 2 of this Law, the measures and conditions for mitigating and preventing the negative impacts of the project on the ecological network area, measures for monitoring of their implementation, as well as measures for monitoring the project's impact on the ecological network area.
The competent authority shall refuse the request for granting consent if, based on the main assessment of acceptability, it determines that the project can have a significant negative impact on the goals of conservation and integrity of the ecological network area.
Obligation of the Authority Competent for Project Approval
Article 33
The authority competent for project approval shall issue an approval for the implementation of the project that is fully in accordance with the measures and conditions from the decision granting consent to the project’s impact assessment study or with the decision that determines that assessment of the project’s impact on the environment is not needed.
The authority responsible for issuing approval for the implementation of the project shall refuse the request for issuing of the approval for implementation of the project where the consent was denied by the competent authority or where the lack of compliance with the conditions from the decision on granting consent for the project’s impact assessment study was detected, or where the request was submitted after the expiry of the time limit for commencement of the project implementation.
Notifying on the Decision Made
Article 34
The competent authority shall notify the interested authorities and organizations, and the public of the decision on granting consent to the project’s impact assessment study or the decision on refusal of the request for granting consent, within ten days from the date of passing of the decision.
Notification referred to in paragraph 1 of this Article shall contain:
1) The decision;
2) The main reasons on which the decision is based;
3) The measures and conditions that the prime contractor is required to undertake in order to prevent, reduce, or eliminate the negative impacts of the project.
Right to Conduct an Administrative Dispute
Article 35
The decision of the competent authority under Articles 31 and 32 of this Law shall be final.
An administrative dispute may be initiated before the competent court in accordance with the law by the prime contractor, interested authorities and organizations, and the interested public, against the decision referred to in paragraph 1 of this Article.
Updating the Project's Impact Assessment Study
Article 36
The prime contractor shall commence the implementation i.e. the construction and development of the project, within the time limit specified in the decision on granting consent to the project’s impact assessment study.
Upon the expiry of the time limit specified in paragraph 1 of this Article, the prime contractor shall submit a request for a decision regarding the need to prepare a new study or to update the existing project’s impact assessment study.
The prime contractor shall submit a request for a decision regarding the need to update the existing study if, during the construction i.e. development of the project, a significant change in environmental factors occurs, i.e. if the prime contractor must deviate from the documentation on the basis of which the decision was made, or from the measures and conditions specified in the decision on granting consent to the project’s impact assessment study.
The request referred to in paragraph 3 of this Article shall be submitted prior to the submission of the request for the issuance of approval for the implementation of the project based on the amended documentation.
The request referred to in paragraphs 2 and 3 of this Article shall include the data prescribed for the request for a decision regarding the need for a project’s impact assessment.
Along with the request referred to in paragraph 3 of this Article, instead of the documentation specified in Article 12, paragraph 4, item 4) of this Law, the amended project or an excerpt from the amended project shall be submitted.
The procedures referred to in paragraphs 2 and 3 of this Article shall be conducted in accordance with the provisions of this Law that regulate the procedure under the request concerning the need for a project’s impact assessment.
In the procedure for deciding on the request referred to in paragraphs 2 and 3 of this Article, the competent authority can pass a decision on preparation of a new project’s impact assessment study, updating the existing project’s impact assessment study, or a decision that the preparation of a new study, i.e. the update of the existing one, is not required.
In making the decision referred to in paragraph 8 of this Article, the competent authority shall determine whether there have been any changes in the environmental factors referred to in Article 3 of this Law in the meantime, and whether the proposed measures and conditions remain appropriate.
By the decision establishing the need for the preparation of a new project’s impact assessment study, i.e. the updating of the existing study, the competent authority shall also define its scope and content.
The procedure for granting consent to the study, i.e. the updated study, shall be conducted in accordance with the provisions of this Law that regulate the decision-making for granting consent to the project’s impact assessment study.
Environment Impact Assessment of the Existing Situation
Article 37
A prime contractor of an implemented project which is subject to impact assessment under the provisions of this Law, and which has been constructed without a construction approval or is being used without an occupancy permit, shall submit a request for:
1) Determining the scope and content of the environment impact assessment study of the existing situation (hereinafter: existing situation study) for projects referred to in Article 5, paragraph 1, item 1) of this Law;
2) Decision-making on the need for an impact assessment of the existing situation, for projects referred to in Article 5, paragraph 1, item 2 of this Law.
Along with the request referred to in paragraph 1 of this Article, the following shall be submitted:
1) Notification of the possibility of alignment with planning documentation in accordance with the law governing the legalization of structures;
2) Excerpt from the design of the implemented structure;
3) Report of the authorized organization containing data on emissions and a report on the results of measurements and testing of environmental factors affected by the project, not older than six months;
4) Graphic overview of the micro and macro location.
The existing situation study shall be prepared on the basis of a design of the implemented structure, data on emissions, and the results of measurements and testing of environmental factors, and it shall have the contents prescribed by this Law for the project’s impact assessment study.
The competent authority shall decide on the need for the preparation of the existing situation study, its scope and content, and on granting consent or refusing the request for granting consent to the existing situation study in accordance with the procedure prescribed by this Law.
The Minister shall, under the regulation referred to in Article 12, paragraph 5 of this Law, prescribe in more detail the appearance and the contents of the request form for the need of impact assessment of the existing situation; under the regulation referred to in Article 17, paragraph 5 of this Law, prescribe in more detail the appearance and contents of the request form for determining the scope and content of the existing situation study; and under the regulation referred to in Article 22, paragraph 8 of this Law, prescribe in more detail the content of the existing situation study and the documentation to be submitted with these requests and the study.
Change of the Prime contractor
Article 38
If, during the implementation of the project, the prime contractor who was awarded with consent of the competent authority to the study or in whose case no need for an environmental impact assessment was established by the competent authority, assigns the implementation of the project to another person, that person, as the prime contractor, shall assume all rights and obligations arising from the decision of the competent authority on granting consent to the study or the decision of the competent authority on determining that an environmental impact assessment is not needed, and shall be responsible for their implementation.
The prime contractor who was awarded with consent of the competent authority to the study or in whose case no need for an environmental impact assessment was established by the competent authority, shall notify the authority that issued the decision in the environmental impact assessment procedure about the assignment of rights referred to in paragraph 1 of this Article within 15 days of the occurred change, and to attach to that notification the decision of the authority competent for issuing the approval for the implementation of the project regarding the transfer of the approval i.e. consent, as well as a statement from the party to whom the implementation of the project is transferred, confirming the transfer including all rights and obligations arising from it.
The party to whom the implementation of the project has been assigned may not continue with the implementation of the project as the prime contractor without prior notification of the occurred change, in accordance with paragraph 2 of this Article.
The provisions of this Law that apply to the prime contractor shall also apply to the party to whom the implementation of the project has been assigned.
Notification of the occurred change referred to in paragraph 2 of this Article, the decision of the authority competent for issuing the approval for the implementation of the project regarding the transfer of the approval i.e. consent, and the statement from the party to whom the implementation of the project is assigned, confirming the acceptance of the transfer, shall be submitted to the competent environmental protection inspectorate within three days from the date of receipt of the notification.
Notifications to the Public, Interested Authorities and Organizations
Manner of Notification
Article 39
The competent authority shall notify the public about the submitted requests of the prime contractor referred to in Art. 12, 17, 21, 36, and 37 of this Law through at least one printed daily newspaper, in each of the official languages, published in the area affected by the impact of the planned project.
The competent authority shall notify the public about its decisions referred to in Art. 14, 19, 31, 32, 36, and 37 of this Law through at least one printed daily newspaper, in each of the official languages, published in the area affected by the impact of the planned project.
The competent authority shall notify the public about the submitted requests referred to in paragraph 1 of this Article and the decisions referred to in paragraph 2 of this Article by publishing them on its official website too, and it may also notify the public by posting them on the notice board of the competent authority of the local government unit and/or the notice board of the local community office, in the area affected by the impact of the planned project.
Notification referred to in paragraphs 1 and 2 of this Article may also be carried out through electronic media.
The competent authority shall notify the interested authorities and organizations in writing.
The time limits for submitting opinions on the submitted requests, i.e. filing an appeal or a lawsuit against the decisions made, shall begin to run from the date of publication of the notification referred to in paras. 1 and 2 of this Article in the printed daily newspapers.
Access of the Public to Data Related to the Impact Assessment Procedure
Article 40
The competent authority shall allow the public to see the requests from Art. 12, 17, 21, 36, and 37 of this Law, the documentation submitted by the prime contractor along with the request, and other documentation relevant to the decision-making process in the impact assessment procedure, including the report on the participation of the public in open and cross-border consultations, the report of the technical commission, the impact assessment study submitted with the request and the final version of the study, as well as the decisions made referred to in Art. 14, 19, 31, 32, 36, and 37 of this Law.
The competent authority shall provide access to the submitted requests and decisions made, and other data relevant to the decision-making in the procedure of impact assessment referred to in paragraph 1 of this Article as soon as they become available to the competent authority.
The presentation of the documentation for public inspection from paragraph 1 of this Article shall be carried out at the competent authority and the local self-government unit in whose territory the project is planned.
The competent authority shall provide access to the documentation from paragraph 1 of this Article also through an internet web presentation intended for informing the public about the submitted requests and decisions made in the impact assessment procedure.
Data protected by intellectual property, business or state secret, where the prime contractor proves it likely that significant harm could occur due to the disclosure of the source of data, i.e. data to which the request pertains, shall be exempt from the obligation of public access and inspection pertaining to the documentation from paragraph 1 of this Article.
In the request for the exemption of data contained in the notification, the prime contractor must prove the likelihood that significant harm could occur due to the disclosure of the source of data, i.e. the data to which the request pertains.
The data related to the state of the environment, emissions, and possible negative impacts and consequences, risks of accidents, monitoring results, and inspection oversight shall not be protected by the intellectual property rights, business or state secret referred to in paragraph 6 of this Article.
The competent authority shall allow the interested authorities and organizations, and the public to see the complete documentation on the conducted impact assessment procedure, upon request submitted in writing, within 15 days from the date of receipt of the request.
Verification of Compliance with Measures and Conditions from the Decision on Granting Consent to the Project’s Impact Assessment Study
Article 41
In the technical review process for projects for which consent has been granted for the project’s impact assessment study, as well as for projects for which it has been determined that an environmental impact assessment is not needed with implementation of protective measures and conditions, it shall be established whether the measures and conditions from the decision granting consent for the project’s impact assessment study or the decision stating that an environmental impact assessment of the project is not needed have been complied with, in accordance with the law regulating the construction of structures and the law regulating the exploration and exploitation of mineral resources.
The competent authority that conducted 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 can be employed or appointed in the competent authority, i.e. in another authority or organization, or an independent expert who possesses evidence of qualifications to participate in the work of the technical commission from Article 27 of this Law.
The occupancy permit cannot be issued if the person referred to in paragraph 2 of this Article does not confirm that the measures and conditions from the decision granting consent for the project’s impact assessment study, or the decision establishing that an environmental impact assessment of the project is not needed, have been complied with.
Cross-border Consultations
Article 42
If a project can have significant impact on the environment of another state, or if the state whose environment can be significantly affected requests it, the Ministry shall, at the earliest opportunity and no later than when its public is notified thereof by it or by the competent authority, forward the relevant documentation to the competent authority of the other state:
1) A description of the project, along with all available data regarding its potential cross-border impacts;
2) Information about the nature of the decision that may be made;
3) A notification of the deadline within which the competent authority of the other state may express its intention to participate in the impact assessment procedure.
In the event that the other state expresses its intention to participate in the impact assessment procedure, the Ministry shall deliver to the competent authority of the other state the information referred to in Article 21 of this Law.
The competent authority, upon a reasoned request from the prime contractor, shall exclude data protected by intellectual property, business, and state secret from the information referred to in paragraph 2 of this Article, if the prime contractor makes it likely that significant harm could result from the disclosure of the data source, i.e. the data to which the request pertains.
The right to intellectual property, business or state secret referred to in paragraph 3 of this Article shall not protect the data related to the state of the environment, emissions, and possible negative impacts and consequences, risks of accidents and monitoring results.
The Ministry shall inform the competent authority of the state that participated in the impact assessment procedure about the decision to grant consent to the project’s impact assessment study or to refuse the request for granting consent, by delivering a notification about the decision’s contents; the main reasons on which the decision is based, including the reasons for accepting or refusing the opinions obtained from interested bodies, organizations, and the public; the measures and conditions aimed at preventing, reducing, or eliminating the negative impacts on the environment.
The Ministry shall request from the competent authority of the other state a notification regarding a planned project that may have a significant cross-border impact on environmental factors within the territory of the Republic of Serbia.
The Ministry shall inform the interested bodies, organizations, and the public about the received notification regarding the cross-border impact of the proposed project from another state.
The Ministry shall provide electronic access to information relevant to the assessment of the cross-border impacts of the other state’s proposed project to the interested bodies and organizations, and the public as soon as the notification and information become available to the Ministry.
The Ministry shall take into account the obtained opinions of the interested bodies and organizations, and the public when providing its opinion to the competent authority of the other state.
The provisions of Articles 25, 26, 34, 39, and 40 of this Law shall apply to the cross-border consultations of the interested bodies and organizations, and the public of the other state, i.e. the interested bodies and organizations, and the public of the Republic of Serbia.
Prime Contractor’s Expenses
Article 43
The prime contractor shall bear the costs of preparing, modifying, supplementing, and updating the project’s impact assessment study, preparing the existing situation study, notifying the public and its participation in the procedure of impact assessment and the work of the technical commission, the costs of documents’ translation, expert witnesses, and examination of other evidence in the impact assessment procedure.
The Minister shall prescribe the amount of remuneration for the work of the members of technical commission and expert witnesses.
Records, Central Electronic Database and Central Web Portal
Obligation to Keep the Records
Article 44
The competent authority shall keep the records of initiated and conducted procedures, and decisions made in the impact assessment procedure, as public records in the impact assessment procedure.
The public records shall consist of a main book with a collection of documents.
The data on the conducted environmental impact assessment procedure shall be entered in the main book, namely on:
1) The prime contractor;
2) The requests of the prime contractor;
3) The decisions issued by the competent authority;
4) Notifying the public and on its participation in the procedure;
5) The consultations conducted with relevant authorities and organizations, and the public;
6) The study on the project’s impact assessment;
7) The legal and natural persons entrusted with the preparation of the project’s impact assessment study;
8) The work and report of the technical committee;
9) The inspection control and imposed sanctions.
Concurrently with keeping the main book, an electronic database shall also be created, containing the elements included in the main book.
The electronic database shall be accessible to the public via the internet.
The collection of documents based on which the data is entered in the main book and entered into the electronic database shall be kept in files created for each case.
The minister shall prescribe the more detailed contents, appearance, and method of keeping of the public records.
Central Electronic Database and Central Web Portal
Article 45
The Ministry shall keep a central electronic database and a central web portal through which competent authorities shall notify relevant authorities and organizations, and the public about initiated impact assessment procedures, phases of the impact assessment procedure, time limits and methods for delivery of opinions, location and time of public consultations, cross-border consultations. Such database and the portal shall also facilitate electronic access to the documentation referred to in Article 40, paragraph 1 of this Law.
The competent authority shall enter data from the public records into the central electronic database regarding initiated and conducted impact assessment procedures, decisions made, as well as notifications and other documentation related to the progress of the impact assessment procedure.
The Ministry shall ensure unrestricted public access to the central electronic database in accordance with the law.
Administrative Procedure
Article 46
The provisions of the law regulating general administrative procedure shall apply to the issues of initiation, conduct, and conclusion of the impact assessment procedure, unless otherwise specified by this Law.
Article 47
The Ministry shall exercise oversight over the implementation of the provisions of this Law and the regulations enacted thereupon.
Inspection supervision shall be carried out by the Ministry through the environmental protection inspector (hereinafter: Inspector) within the scope defined by this Law.
Article 48
In performing inspection supervision, the Inspector shall have the right and duty to determine:
1) Whether the project has commenced without the prior implementation of the impact assessment procedure in accordance with the Law;
2) Whether a request has been submitted for obtaining consent to the impact assessment study for projects specified in Article 5, paragraph 1, item 1 of this Law;
3) Whether a request has been submitted for deciding on the need for an impact assessment for projects referred to in Article 5, paragraph 1, item 2 of this Law;
4) Whether the prime contractor has submitted a new request for a decision-making on the need for an impact assessment in accordance with Article 14, paragraph 10 of this Law;
5) Whether the prime contractor has complied with the obligations set forth in the decision on granting consent to the project’s impact assessment study;
6) Whether the prime contractor has submitted a request for the preparation of a new impact assessment study for the project i.e. the updating of the existing one;
7) Whether the prime contractor of a completed project has submitted a request for a decision on the need for an impact assessment of the existing situation, i.e. for determining the scope and content of the impact assessment study of the existing situation and a request for granting consent to the study of the existing situation;
8) Whether the prime contractor of a completed project has fulfilled the obligations from the decision on granting consent to the existing situation study;
9) Whether the prime contractor has notified the competent authority about the assignment of right to implementation of the project to another person in accordance with Article 38, paragraph 2 of this Law, and whether the person to whom the implementation of the project was assigned has acted in accordance with Article 38, paragraph 3 of this Law.
Powers of the Environmental Protection Inspector
Article 49
In performing the inspection supervision tasks, the Inspector shall have the power to:
1) Order the submission of a request for determining the scope and content of the study;
2) Order the submission of a request to determine the need for the assessment of the project's impact;
3) Order the submission of a new request regarding the need for an impact assessment in the case specified in Article 14, paragraph 10 of this Law;
4) Order the submission of a request for the preparation of a new impact assessment study for the project i.e. the updating of the existing one;
5) Order the submission of a request to initiate impact assessment procedure of the existing situation;
6) Prohibit the implementation of the project and the conduct of activity until the consent of the competent authority is obtained for the project's impact assessment study, the updated study, i.e. the study of the existing situation;
7) Prohibit the implementation of the project and the carrying out of the activity whose realization has begun after the expiration of the time limit set in the decision of the competent authority determining that an impact assessment is not needed, or if, during the implementation of the project, reasons arose for submission of a new request for decision-making on the need for an impact assessment referred to in Article 14, paragraph 10 of this Law, until the decision of the competent authority is obtained;
8) Prohibit the implementation of the project and the carrying out of the activity whose realization has begun after the expiration of the time limit set in the decision of the competent authority on granting consent to the project's impact assessment study, or if, during the implementation of the project, reasons arose for updating the study referred to in Article 36, paragraph 3 of this Law, until the decision of the competent authority regarding the need for the preparation of a new study, i.e. the updating of the existing one, is obtained;
9) Order the implementation of measures i.e. fulfilment of conditions established in the decision on granting consent to the project’s impact assessment study or the decision on granting consent to the existing situation study, or the decision determining that an impact assessment is not needed.
10) Prohibit the implementation of the project and carrying out of the activity until fulfilment of conditions and implementation of measures established in the decision on granting consent to the project’s impact assessment study or the decision on granting consent to the existing situation study, or the decision determining that an impact assessment is not needed;
11) Prohibit the implementation of the project and the carrying out the activity until delivery of the notification on the change of the prime contractor and the decision of the authority competent for issuing the approval for the implementation of the project regarding the transfer of approval i.e. consent, and the statement of the person to whom the implementation of the project is being transferred;
12) File a report for a committed economic offense or a request for the initiation of misdemeanor proceedings, in accordance with the provisions of this Law.
Against the inspector's decision referred to in paragraph 1 of this Article an appeal may be filed with the Minister within 15 days from the receipt of the decision.
An appeal against the inspector's decision shall not delay its enforcement.
Conferral of Inspection Supervision
Article 50
The tasks of inspection supervision over the implementation of the provisions of this Law for projects, for which the authority of the autonomous province i.e. the local self-government unit is competent for conducting the impact assessment procedure, shall be conferred upon the autonomous province and the local self-government unit.
In the performance of inspection supervision tasks referred to in paragraph 1 of this Article, the inspector shall have the rights, duties, and authorities set forth in Articles 48 and 49 of this Law.
Article 51
A fine in the amount of RSD 500.000 to RSD 3.000.000, shall be imposed for an economic offence upon a legal person - prime contractor, if it:
1) Commences the construction, project development, or commissioning of a project for which an impact assessment is mandatory and a project for which the need for an impact assessment has been determined, without the consent of the competent authority to the project’s impact assessment study or the decision of the competent authority determining that an impact assessment is not needed (Article 9, paragraph 2);
2) Fails to implement the measures for preventing, reducing, or eliminating negative impacts or other minimum environmental protection conditions from the decision of the competent authority determining that an impact assessment of the project on the environment is not needed (Article 14, paragraph 6);
3) Fails to meet the conditions or implement the measures set forth in the decision on granting consent to the project’s impact assessment study (Article 31, paragraph 2).
For the economic offense referred to in paragraph 1 of this Article, the responsible person in the legal person - prime contractor shall also be fined from 50,000 to 200,000 RSD.
The responsible person in a state body, a territorial autonomy body, and a body of a local self-government unit - prime contractor - shall be punished for the economic offense referred to in paragraph 1 of this Article, with a fine ranging from 50,000 to 200,000 RSD.
Article 52
A legal person that prepared the impact assessment study, where the study is prepared in contravention of Article 24, paragraph 4 of this Law, shall be punished for the economic offense with a fine ranging from 500,000 to 3,000,000 dinars.
For the economic offense referred to in paragraph 1 of this Article, the responsible person in the legal person that prepared the study shall also be fined from 50,000 to 200,000 RSD.
Article 53
For the economic offenses under Articles 51 and 52 of this Law, in addition to the prescribed, a protective measure may be imposed on the legal person, prohibiting it from engaging in a specific economic activity for a period of five to ten years, and a protective measure may also be imposed on the responsible person, prohibiting him/her from performing certain duties for a period of five to ten years.
Article 54
A fine in the amount ranging from RSD 200,000 to RSD 500,000 shall be imposed for a misdemeanor upon a sole trader - prime contractor if such a person:
1) Commences the construction, project development, or commissioning of a project for which an impact assessment is mandatory and a project for which the need for an impact assessment has been determined without the consent of a competent authority to the project’s impact assessment study or the decision of the competent authority determining that an impact assessment is not needed (Article 9, paragraph 2);
2) Fails to implement the measures for preventing, reducing, or eliminating negative impacts or other minimal environmental protection conditions from the decision of the competent authority on lack of need for impact assessment of the project on the environment (Article 14, paragraph 6);
3) Fails to meet the conditions or implement the measures set forth in the decision on granting consent to the project’s impact assessment study (Article 31, paragraph 2).
For the misdemeanor referred to in paragraph 1 of this Article, apart from the prescribed fine, the sole trader may be imposed with a protective measure prohibiting the performance of a certain activity in the duration which ranges from one to three years.
Article 55
A fine in the amount from RSD 200,000 to RSD 2,000,000 shall be imposed for a misdemeanor upon a legal person - prime contractor if:
1) It fails to attach to the request for approval for the implementation of the project, the consent of the competent authority to the study and the impact assessment study of the project on the environment, or the decision of the competent authority that an environmental impact assessment is not needed (Article 9, paragraph 1);
2) It fails to submit a request for decision-making on the need for an environmental impact assessment or a request for determining the scope and content of the impact assessment study (Articles 12, 14, and 17);
3) It fails to submit a request for decision-making on the need to prepare a new study, i.e. a request for decision-making on the need to update the existing impact assessment study of the project, or a request for granting consent to the new study, i.e. the updated one (Article 36, paragraphs 2, 3, and 11);
4) It fails to submit a request for determining the scope and content of the impact assessment study of the existing situation, or a request for decision-making on the need for an impact assessment of the existing situation on the environment, or a request for granting consent to the study of the existing situation (Article 37, paragraphs 1 and 4);
5) It fails to notify the competent authority about the change of the prime contractor and fails to submit the decision of the authority competent for the project implementation approval on the transfer of approval, i.e. consent (Article 38, paragraph 2).
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the legal person - prime contractor shall also be fined from 30,000 to 150,000 RSD.
The responsible person in a state body, body of territorial autonomy, and body of a local self-government unit - prime contractor - shall be punished for the misdemeanor referred to in paragraph 1 of this Article, with a fine ranging from 30,000 to 150,000 RSD.
For the misdemeanor referred to in paragraph 1 of this Article, the sole trader - prime contractor shall be punished with a fine ranging from 100,000 to 500,000 RSD.
Article 56
The sole trader who prepared the study shall be punished for the misdemeanor with a fine ranging from 100,000 to 500,000 RSD if the impact assessment study of the project was prepared contrary to Article 24, paragraph 4 of this Law.
For the misdemeanor referred to in paragraph 1 of this Article, apart from the prescribed fine, the sole trader may also be imposed with a protective measure of prohibiting the performance of a certain activity in duration of one to three years.
Misdemeanor Liability of the Responsible Designer
Article 57
A fine ranging from 50,000 to 150,000 RSD shall be imposed for a misdemeanor on the responsible designer who has prepared and signed the documentation based on which the decision for project implementation approval is made, or has, in the technical control procedure, confirmed with his/her signature that such documentation contains the measures and conditions for environmental protection from the decision on granting consent to the study and from the project’s impact assessment study, i.e. from the decision that an environmental impact assessment is not needed, in violation of Article 9, paragraph 3 of this Law.
For the misdemeanor referred to in paragraph 1 of this Article, in addition to the prescribed fine, the responsible designer i.e. the technical control performer may be imposed with a protective measure of prohibiting the performance of a specific activity for a duration of one to three years.
Misdemeanor Liability of the Responsible Person in the Competent Body
Article 58
A fine of 30,000 to 150,000 RSD shall be imposed on a responsible person in a competent body if he/she:
1) Fails to issue a decision on the need for an impact assessment, i.e. a decision on the need for an impact assessment of the existing situation, a decision on the scope and content of the impact assessment study, i.e. the existing situation study, a decision on granting consent to the impact assessment study, a decision on the need for preparation of a new study i.e. updating of the existing one, or a decision on consent to the existing situation study, in accordance with this Law (Art. 14, 19, 31, 36, and 37).
2) Fails to inform the public about the submitted requests and passed decisions, in the prescribed manner (Article 39).
3) Fails to make available to the public, interested authorities and organizations, the documentation on the impact assessment procedure in accordance with Article 40 of the Law;
4) Fails to carry out the procedure of cross-border consultations (Article 42);
5) Fails to keep the prescribed records (Article 44);
6) Fails to enter data, information, notifications, and documentation on the impact assessment procedure into the central database (Article 45, paragraph 2).
V TRANSITIONAL AND FINAL PROVISIONS
Resolution of Previously Submitted Requests
Article 59
Procedures initiated based on requests submitted prior to the entry into force of this Law shall be completed in accordance with the provisions of the Environmental Impact Assessment Law ("Official Herald of the RS", Nos. 135/04 and 36/09).
In the procedure of decision-making on the request for granting consent to the study, additional data, information, and documentation can be requested in accordance with this Law.
Time Limits for the Adoption of Bylaws
Article 60
Until the regulations referred to in Article 5, paragraph 1, Article 12, paragraph 5, Article 17, paragraph 5, Article 22, paragraph 8, Article 26, paragraph 10, Article 29, paragraph 7, Article 43, paragraph 2, and Article 44, paragraph 7 of this Law are adopted, the regulations enacted based on the Environmental Impact Assessment Law ("Official Herald of the RS", Nos. 135/04 and 36/09) shall apply, provided they are not in conflict with the provisions of this Law.
The regulations referred to in paragraph 1 of this Article shall be adopted within two years from the date of entry into force of this Law, except for the regulations referred to in Article 5, paragraph 1 of this Law, which shall be adopted within six months from the date of entry into force of this Law.
Time Limits for Establishing the Central Database and Central Web Portal and Website
Article 61
The competent authority shall establish the website referred to in Article 40, paragraph 4 of this Law within one year from the date of entry into force of this Law.
The Ministry shall establish the central electronic database and central web portal referred to in Article 45, paragraph 1 of this Law within three years from the date of entry into force of this Law.
Prohibition on Reduction of Time Limits and Exclusion of a Phase or Sub-phase in the Impact Assessment Procedure
Article 62
The impact assessment procedure for strategic energy projects shall be carried out within the time limits prescribed by this Law, unless different time limits are specified by a special law.
In the impact assessment procedure for the projects referred to in paragraph 1 of this Article, the time limits specified in Article 14, paragraph 3, Article 19, paragraph 2, Article 25, paragraph 3, and Article 26, paragraph 3 of this Law may not be shortened by another law.
In the impact assessment procedure for the projects referred to in paragraph 1 of this Article, the phases of the procedure or parts of a procedure of one phase (sub-phases) prescribed by this Law may not be altered, and the time limits for implementation may not be shortened by another law.
Article 63
On the day this Law enters into force, the Environmental Impact Assessment Law ("Official Herald of the RS", Nos. 135/04 and 36/09) shall be repealed.
Article 64
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia", except for the provisions of Art. 12, 15, 17, 22, 23, 26, 29, and 32 of this Law in part related to the assessment of acceptability, which shall apply at the expiry of two years from the entry into force of this Law.