Construction of Wind Farms – From Selection of the Location, through Issuing of the Location Permit, to Planning
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Regulations on construction of a power plant can be classified in two main groups: the regulations governing the area of planning and construction of structures and the regulations governing the area of the energy sector.
The group of the regulations governing the area of planning and construction includes: the Law on Planning and Construction, bylaws adopted under the law governing the area of planning and construction and the Law on Spatial Plan of the Republic of Serbia, supporting planning documents (regional spatial plans, spatial plans of the units of local self-governments, and spatial plans of special-use areas and urban development plans: the urban master plan, the general regulating plan, the detailed regulating plan), and other regulations.
The Law on Planning and Construction regulates the procedure for obtaining the location permit, the Construction Permit, and the operating permit, while the planning documents define the objectives of spatial planning and development, spatial development, or whether it has been planned to construct a certain structure at a certain place in the Republic of Serbia within a certain time period. In order to obtain the location and the construction permits, it is necessary to obtain the electric power and technical requirements for connection to the electricity transmission or distribution system, as well as the water requirements, the water approval, and the water permit, which are issued in compliance with the Law on Waters and the regulations under this Law.
The group of regulations governing the area of power the energy sector includes: the Energy Law, regulations enforcing this Law, the Energy Sector Development Strategy of the Republic of Serbia, the Program of Implementation of the Energy Sector Development Strategy of the Republic of Serbia, and other above specified regulations that are related to the energy permit, the license for engaging in energy-related activities, connection of a facility to the grid, etc.
The Energy Law stipulates that energy facilities may be constructed if the Minister of Mining and Energy issues the energy permit to the applicant. The procedure for obtaining the energy permit is regulated by the Rulebook on Criteria for Issuing Energy Permits, Contents of the Application, and Procedure for Issuing Energy Permits (*47). It also stipulates that the energy permit shall be issued in compliance with the Energy Sector Development Strategy of the Republic of Serbia and with the Program of Implementation of the Energy Sector Development Strategy of the Republic of Serbia, which regulates the requirements and the place where a concrete energy facility should be constructed. The procedure for obtaining the energy permit precedes the procedure for obtaining the construction permit for a concrete facility, which is regulated by a group of regulations on planning and construction.
The procedures that are related to the obtaining of the energy permit, the location permit, the construction permit, the operating permit, the license for engaging in the activity, connection to the electricity grid, and other procedures necessary to obtain the ancillary documentation are administrative procedures, and the deadlines for obtaining such documents are specified in the actual regulation governing the procedure for obtaining an administrative decision necessary for construction of a power plant or for engaging in the activity of electricity generation. In case such deadlines are not specified in the concrete regulations, the Law on General Administrative Procedure shall be applied to the deadline for issuing of the concrete administrative decision. (*48) (*49)
Procedure for Construction of a Power Plant
In order to construct and utilize any structure in the Republic of Serbia, and even the structure of a power plant, it is necessary to meet the following requirements: 1) To obtain the energy permit; 2) To obtain the location permit; 3) To obtain the construction permit; 4) To construct the structure and ensure supervision in the course of construction of the structure, and 5) To ensure the technical inspection of the structure and to obtain the operating permit.
Construction of structures in the Republic of Serbia shall be carried out on the basis of the construction permit and the technical documentation, under the conditions and in the manner stipulated in the Law on Planning and Construction.
Within the procedure for obtaining the location permit, the requirements from the aspect of air traffic safety need to be obtained from the competent authorities and organizations, as well as the water requirements, electric power and technical requirements for connection to the electricity grid, requirements for connection to the utility infrastructure, etc.
The procedures preceding the obtaining of the construction permit are as follows: 1) obtaining of the energy permit, which is necessary for construction of energy facilities, which include power plants of a capacity exceeding 1 MW; 2) Obtaining of the location permit in compliance with the valid planning document; 3) Preparation of the technical documentation
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