MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF FINLAND
MINISTRY OF FOREIGN AFFAIRS OF SERBIA AND MONTENEGRO
RAMBOLL FINNCONSULT Oy
Project
DEVELOPMENT OF ENVIRONMENTAL LEGISLATION
IN SERBIA AND MONTENEGRO
LAW
ON STRATEGIC ENVIRONMENTAL IMPACT ASSESSMENT
(Interim text)
Podgorica
April 2004
LAW
ON STRATEGIC ENVIRONMENTAL IMPACT ASSESSMENT
I. BASIC PROVISIONS
Article 1
Subject of regulation
This Law regulates the strategic environmental impact assessment procedure for
plans and programmes that may have significant impact on the environment
(hereinafter referred to as: Strategic Assessment), contents of the Strategic
Assessment Report, participation of public and authorities and organisations
concerned for plans and programmes that may have significant impact on the
environment of another country, supervision and other issues of relevance for
strategic assessment.
Article 2
Objectives of Strategic Assessment elaboration
The objectives of Strategic Assessment are as follows:
1) Use of Environmental Impact Assessment as an instrument for integration
of environmental protection in the procedure of preparation and adoption
of plans and programmes when it is likely that their realisation could cause
substantial impacts on the environment;
2) Provision of high level of environmental protection;
3) Improvement of sustainable development.
Article 3
Principles of strategic assessment
The basic principles of strategic assessment are as follows:
1) Principle of sustainable development
Sustainable development is a harmonised system of technical-
technological, economic and social activities within the total
development using natural and man-made values in economically
efficient and reasonable way aiming at preservation and
improvement of quality of the environment for the present and
future generations.
2) Principle of integration
Consideration and inclusion of significant environmental aspects in
preparation and adoption of certain plans and programmes and
setting of conditions for preservation of values of natural resources
and goods, landscapes, biological diversity, wildlife plant and
animal species and autochthonous eco-systems, namely rational
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use of natural resources shall contribute to fulfilment of objectives
of sustainable development.
3) Precaution principle
Each activity has to be carried out in the way preventing or
reducing negative impacts of certain plans and programmes on the
environment before their adoption, providing for rational use of
natural resources and minimising the risk to human health, the
environment and material resources.
4) Principle of hierarchy and co-ordination
The assessment of impacts of plans and programmes shall be
carried out at different hierarchy levels at which plans and
programmes are adopted. The increased level of transparency in
decision making within the procedure of strategic assessment of
plans and programmes is provided through mutual co-ordination of
the competent and authorities concerned in the procedure of
granting the authorisation for the strategic assessment, through
consultations, namely information dissemination and submission of
opinions relating to plans and programmes.
5) Principle of public character of work
Aiming at informing public about certain plans and programmes and
their potential impact on the environment, as well as at providing
complete openness of the procedure of preparation and enactment
or adoption of plans and programmes, public has to have access to
informations relating to such plans and programmes or their
amendments prior to adoption of any decision and upon adoption of
plans and programmes.
Article 4
Meaning of terms
Certain terms used in this Law shall have the following meaning:
1) Plans and programmes are all plans and programmes and development
documents, including their amendments, which are prepared and/or
adopted by the authority at the Republic or local level, or which are
prepared by the competent authority for the purpose of adoption in the
appropriate procedure by the Parliament, Government and local self-
government, as well as plans and programmes enacted as mandatory
pursuant to regulations;
2) Assessment of impact of certain plans and programmes on the
environment, namely the Strategic Assessment, implies the preparation
of the Strategic Assessment Report, implementation of the consultation
procedure, taking into account the Report and results of consultations in
the decision making procedure and procedure of enactment or adoption of
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certain plans and programmes, as well as providing of informations and
data relating to the decisions that have been adopted;
3) Strategic Assessment Report means a part of documentation that is
attached to plans or programmes and that includes the identification,
description and assessment of potential significant impacts on the
environment within its territory or of another country caused by
implementation of plans and programmes, as well as alternatives
considered and adopted based on the objectives and area occupied by
plans and programmes;
4) Competent planning authority means the state/public authorities or local
self-government authorities responsible for preparation of plans or
programmes;
5) Competent environmental protection authority means the state/public
authorities or local self-government authorities responsible for
environmental protection;
6) Public includes one or several physical or legal persons, their
associations, organisations or groups;
7) Public concerned includes public affected by or public likely to be
affected by the plan or programme, including non-government
organisations registered as organisations dealing with environmental
protection for at least three years and with at least 100 members;
8) Authorities and organisations concerned are the state/public
authorities and organisations and local self-government authorities having
the interest, in accordance with their responsibilities, in making the
decisions related to environmental protection.
Article 5
Competent authority
The Competent authorities responsible for implementation of the strategic
assessment procedure within responsibilities set forth by this Law shall be:
1) The competent state/public planning authorities - for plans and
programmes that are to be adopted by the authority at the Republic level;
2) The competent local self-government planning authorities - for plans and
programmes that are to be adopted by the authority at the local level.
Article 6
Subject of the strategic assessment elaboration
The strategic assessment shall be carried out as mandatory for all plans and
programmes in the fields of spatial and town plans or land use plans, agriculture,
forestry, fishing industry, hunting, energy, industry, mining, transport, navigation,
tourism, telecommunications, waste management, water management, marine
resources management, natural and cultural resources management,
management of animal and plant wildlife and their habitats that set the framework
for authorisation issuing for future development projects defined by regulations
on impact assessment of projects on the environment.
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In cases of plans and programmes referred to in Paragraph 1 of this Article,
which determine the use of smaller areas at the local level, or in cases of minor
modifications to plans and programmes that do not require the formal adoption
procedure, as well as for plans and programmes that are not listed in Par. 1 of
this Article, the decision on the need for strategic impact assessment shall be
made by the competent planning authority if, according to the criteria set forth by
this Law it determines that there is the possibility of significant impacts on the
environment.
Strategic assessment shall not be carried out for plans and programmes serving
to national defence purposes, remedy of consequences of elemental
catastrophes and natural disasters in the civilian sector and for financial and
budget plans and programmes.
Article 7
The obligation to obtain authorisation for Strategic Assessment
The competent planning authority cannot submit plans and programmes to
further adoption procedures without prior authorisation for the Strategic
Assessment Report issued by the competent environmental protection authority.
Article 8
Transboundary pollution
When realisation of plans and programmes may have significant impacts on the
environment in another state, the competent environmental protection authority
shall inform and consult with the competent authority of another state, prior to
adoption of plans and programmes, on its own or on the request of another state
and in accordance with the procedure set forth by this Law.
II. STRATEGIC ASSESSMENT PROCEDURE
Article 9
Stages in the strategic assessment procedure
The strategic assessment procedure shall be carried out in the procedure of
preparation of plans and programmes that may have significant impacts on the
environment prior to their enactment or submission to the competent authority for
adoption.
The strategic assessment procedure shall be composed of the following stages:
1) Decision on the need for strategic assessment elaboration,
2) Defining of the scope and contents of strategic assessment study,
3) Decision on authorisation for the strategic assessment.
For plans and programmes referred to in Art. 6, Par. 1 of this Law for which the
strategic assessment is mandatory the stage referring to the decision on the
need for strategic assessment elaboration shall be omitted.
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1. Decision on the need for strategic assessment elaboration
Article 10
Criteria
The need for the strategic assessment elaboration for plans and programmes
referred to in Article 6, Par. 2 of this Law shall be determined on the basis of
criteria for determining significant impacts on the environment listed in Annex 1
which make san integral part of this Law.
Article 11
Decision on the strategic assessment elaboration
The competent planning authority shall make the decision on the strategic
assessment elaboration simultaneously with the decision on preparation of plans
and programmes.
Should it be determined that there is no need for the strategic assessment
elaboration, the competent planning authority shall make its decision accordingly.
Article 12
Contents of the Decision
The decision on the strategic assessment elaboration referred to in Article 11 of
this Law shall include the data on:
1) Method of defining the need for the strategic assessment elaboration;
2) Types of plans or programmes that the Strategic Assessment Report is
elaborated for;
3) Deadlines for the strategic assessment elaboration;
4) Developers of the strategic assessment elaboration;
5) Other data that are relevant for the strategic assessment elaboration.
The decision on non-elaboration of the strategic assessment shall contain the
data on:
1) Reasons for non-elaboration of the strategic assessment,
2) Criteria based on which it has been decided not to proceed with the
strategic assessment elaboration,
3) Types of plans and programmes that do not require the strategic
assessment elaboration,
4) Other relevant data.
Article 13
Opinion about the Decision
The competent planning authority shall submit to the competent environmental
protection authorities, other authorities and organisations and public concerned
the Decision referred to in Article 11 of this Law requesting their opinion.
The competent environmental protection authority, authorities and organisations
and public concerned can submit to the competent authority their opinions about
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the Decision that has been made within 15 days from the date of receipt of the
request.
In case that the opinion is not submitted within the period set in Par. 2 of this
Article it shall be considered that there are no comments to the Decision.
Article 14
Decision-making
The competent planning authority shall decide on the need for the strategic
assessment elaboration within 15 days from expiry of deadline for submission of
opinions to the Decision.
In decision-making the competent authority referred to in Par. 1 of this Article
shall take into consideration the submitted opinions.
The Decision referred to in Par. 1 of this Article makes an integral part of the
Decision on preparation of plans or programmes and it is published in the
“Official Gazette of the Republic of Montenegro”, namely in municipal papers of a
local self-government unit.
2. Decision on the scope and contents of the Strategic Assessment Report
Article 15
Scope of the Report
For plans and programmes of the higher level the Strategic Assessment Report
can be less detailed and based on qualitative and descriptive approach while for
plans and programmes of a lower level it has to be more detailed and based on
quantitative approach.
Strategic assessment for plans and programmes at different levels have to be
mutually harmonised and harmonised with assessments of impacts of projects
and the environment as well as with plans and programmes of environmental
protection.
Article 16
Contents of the Report
The Strategic Environmental Impact Assessment Report shall contain data
describing and assessing the potential significant impacts on the environment
that could be caused by realisation of plans and programmes and alternatives
that have been considered taking into account the objectives and geographical
scope of plans and programmes and defining measures for reduction of negative
or increase of positive impacts on the environment.
In addition to data referred to in Par. 1 of this Article the Strategic Assessment
Report shall also contain the following data:
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1) Short outline of the contents and main objectives of plans or programmes
and their relation with other plans and programmes,
2) Description of the existing environmental status and its possible
development in case that plans or programmes are not realised,
3) Identification of areas that are likely to be affected by significant risks and
characteristics of the environment in such areas,
4) The existing problems with respect of the environment an din connection
with plans or programmes, including in particular those relating to areas of
special significance for the environment, such as habitats of plant and
animal species from the aspect of their preservation, areas with the status
of protection at national or international levels (national parks, sea
resources etc.),
5) Objectives of environmental protection set either at the national or at
international level that are of relevance for the subject plan or programme
and ways in which these objectives as well as all other aspects of
relevance for the environment shall be taken into consideration in the
preparation process,
6) Potential significant impacts on the environment, including factors such as
biological diversity, population, human health, fauna, flora, land, water, air,
climatic aspects, material resources, cultural heritage, including
architectural and archaeological heritage, landscape and relations
between these factors,
7) Measures envisaged to prevent, reduce or eliminate up to the highest
possible extent, any significant negative impacts on the environment that
can be caused by realisation of plans or programmes,
8) Outline of reasons used as the basis for selection of alternatives that have
been taken into account and the description of methods of assessment
implementation, including potential difficulties that have occurred during
the formulation of the required data (such as technical data or absence of
know-how),
9) Identification of potential negative impacts on the environment of another
country (transboundary impacts),
10) Description of monitoring programmes,
11) Non-technical summary of the above-listed information.
The contents of the Strategic Assessment Report shall be defined more precisely
by the state/public authority responsible for environmental protection (hereinafter
referred to as: the Ministry).
Article 17
Elaboration of the Report
The Strategic Assessment Report shall be elaborated by the competent planning
authority alone or the competent planning authority can entrust with that task
some other legal or physical person inscribed in the court register as entitled to
execute of activities related to spatial and town planning and elaboration of
studies.
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Legal and physical persons referred to in Par. 1 of this Article are entitled to
entrust the multi-disciplinary team composed of persons qualified for analyses of
each of the strategic assessment elements with the task of the Strategic
Assessment Report elaboration.
Experts referred to in Par. 2 of this Article are considered qualified for elaboration
of the Strategic Assessment Report if they are persons with University degree of
the appropriate profile and with at least 5 years of work in the certain field, or with
professional results, namely participation in elaboration of at least 2 plans and
programmes that have already been realised.
3. Decision on authorisation granting for the Strategic Assessment
Article 18
Participation of authorities and organisations concerned
Within 7 days from the date of elaboration of the Strategic Assessment Report or
its submission, the competent planning authority shall submit the Strategic
Assessment Report referred to in Article 16 of this Law to the authorities and
organisations concerned requesting their opinion.
The authorities and organisations concerned shall submit their opinions within
one month from the receipt of the request referred to in Par. 1 of this Article.
In case that the opinion is not submitted within the period set in Par. 2 of this
Article it shall be considered that no comments to the submitted Strategic
Assessment Report.
Article 19
Transboundary impacts
When there is the possibility of transboundary pollution of the environment, the
competent planning authority shall submit the Strategic Assessment Report to
the competent environmental authority within the deadline referred to in Art. 18,
Par. 1.
The competent environmental authority shall instigate the procedure for
exchange of information on transboundary impacts set by Article 24 of this Law.
Article 20
Public debate
Within the period referred to in Article 18, Par. 1, the competent planning
authority shall inform public and public concerned about the period and place of
public insight and venue of holding of public debate on the Strategic Assessment
Report.
Public debate referred to in Par. 1 of this Article cannot be held sooner than 20
days from the date of announcement designated to public and public concerned.
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Public debate shall be carried out by the competent planning authority.
Article 21
The report on participation of authorities and organisations concerned
and public debate
The competent planning authority shall compile the report on participation of
authorities and organisations concerned and about public debate.
The report referred to in Par. 1 of this Article shall be compiled within 15 days
from the date of public debate completion and it shall include the rationale for all
the accepted or rejected opinions.
Article 22
Evaluation of the Strategic Assessment Report
The competent planning authority shall submit the Strategic Assessment Report
to the competent environmental protection authority for the purpose of
evaluation, along with the report on participation of authorities and organisations
concerned and public debate.
The criteria for evaluation of the Strategic Assessment Report shall be set by the
Ministry.
The competent environmental protection authority is entitled to establish the
Evaluation Committee composed of experts for certain fields contained in the
strategic assessment that shall evaluate the Strategic Assessment Report.
Article 23
Authorisation for the Strategic Assessment Report
The competent environmental protection authority shall grant the authorisation or
refuse to grant the authorisation for the Strategic Assessment Report on the
basis of evaluation referred to in Article 22 of this Law.
The deadline for decision on authorisation granting referred to in Par. 1 of this
Article is 30 days from the receipt of the application submitted by the competent
planning authority.
Article 24
Exchange of information on transboundary impacts
The competent state/public environmental protection authority shall be
responsible for the exchange of information on transboundary impacts of plans
and programmes on the environment.
When implementation of plans and programmes may have significant negative
impacts on the environment in another state, or when another state whose
environment could be significantly threatened requests so, the state/public
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authority responsible for environmental protection shall submit to another state,
in the procedure of informing the authorities and organisations and public
concerned, within the shortest possible period and at least simultaneously with
informing its own public, the following information requesting its opinion:
1) Description of plans and programmes, together with all available
informations on their possible impacts;
2) Nature of the decision that may be adopted;
3) Period within which another state can announce its intention to
participate in the decision-making procedure.
The competent state/public environmental protection authority shall inform
another state, which was consulted in the decision-making procedure, about the
decision on granting of authorisation for the Strategic Assessment Report by
submission of the following information:
1) Contents of the decision on authorisation granting;
2) Method of elaboration of the environmental status report and the
opinions obtained in the process of elaboration;
3) Results of consultations and reasons based on which the decision on
authorisation granting was made;
4) Measures in the field of monitoring of plans and programmes.
Consultations with other states related to transboundary impacts shall be carried
out in the way and within deadlines set forth by arrangements between the
competent state/public authorities, based on the principles of reciprocity and
equality.
The arrangements referred to in Par. 4 of this Article should enable the
authorities and organisations and public concerned to submit their opinions
related to informations referred to in Par. 2 of this Article prior to granting of
authorisation for the Strategic Assessment Report.
The competent state/public authority responsible for environmental protection
shall inform the authorities and organisations and public concerned about the
received informations relating to transboundary impacts of the proposed plans
and programmes of another state in the way set forth in Article 20, Par. 1 of this
Law.
The competent state/public authority responsible for environmental protection
shall take into account the results of consultations and obtained opinions of the
authorities and organisations and public concerned when submitting the opinion
to the competent authority of another state.
Article 25
Access to information
The Strategic Assessment Report, results of participation of authorities and
organisations and public concerned and other states in cases of transboundary
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impacts shall make integral parts of the documentation basis of plans and
programmes.
The competent planning authority shall provide for the access to data referred to
in Par. 1 of this Article after the adoption of plans and programmes, under the
conditions set forth by the Law.
III. PENALTY PROVISIONS
Article 26
Pecuniary fines for responsible persons
The responsible person in the state/public administration authority or in the local
self-government authority shall be fined from _____ to _____ for the offence if
he/she:
1) Fails to elaborate the strategic assessment for plans and programmes
(Article 6);
2) Fails to make and/or publish the decision denying the need for the
strategic assessment elaboration in accordance with this Law (Article
14);
3) Elaborates the strategic assessment that is not harmonised with other
strategic assessments and/or assessments of impacts of plans and
programmes on the environment (Article 15, Par. 2);
4) Elaborates the report on strategic assessment without the prescribed
contents (Articles 16);
5) Carries out the strategic assessment without previous consultations with
authorities and organisations concerned and/or without public
participation (Articles 18, 19 and 20);
6) Evaluates the Strategic Assessment Report without applying the set
criteria and/or issues the authorisation without previous evaluation
(Articles 22 and 23).
IV. TRANSITIONAL AND FINAL PROVISIONS
Article 27
The commenced plans and programmes
Plans and programmes the elaboration of which has started prior to entering of
this Law into force shall continue in accordance with the procedure set forth by
this Law.
Article 28
Entering into force
This Law shall enter into force on the eighth day from the date of publishing in
the "Official Gazette of the Republic of Montenegro".
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ANNEX 1
Criteria
for determining the potential significant impacts
1. Characteristics of plans and programmes, and the following in particular:
Significance of plans and programmes for environmental protection and sustainable
development;
Environmental protection issues related to plans and programmes and possibility of
impacts on:
- Air;
- Water and the sea;
- Land;
- Climate;
- Ionising and non-ionising radiation;
- Noise and vibration;
- Flora and fauna;
- Habitats and bio-diversity;
- Protected natural resources;
- Population and health;
- Cities and other settlements;
- Cultural-historic heritage;
- Infrastructure, industrial and other structures;
- Other man-made values.
The degree to which the plan or programme influences other plans and programmes
including those in different hierarchy structures;
The degree to which the plan or programme sets frameworks for projects and other
activities, either with regard to the location, nature, size and operating conditions or
with regard to allocating resources.
2. Impact characteristics, and the following in particular:
Probability, intensity, complexity, reversibility;
Time dimension (duration, frequency, reversibility);
Spatial dimension:
- Location;
- Geographical area;
- Size of the population affected;
- Transboundary nature of impact.
Cumulative and synergistic nature of impact;
Risks to human health and the environment;
Impacts on areas of natural, cultural and other significance:
- Special natural characteristics;
- Areas and natural resources with the recognised Republic or international
protection status;
- Cultural-historic heritage;
- Densely populated areas;
- Areas with different protection regimes.
Threatened areas:
- Transboundary environmental quality standards or limit values;
- Intensive land use;
- Existing risks;
- Reduced capacities of the environment;
- Rare and areas of extreme sensitivity;
- Eco-systems;
- Flora and fauna/wildlife species
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