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Environmental Protection and Environmental Permits
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Environmental Protection, Environmental Permits and Waste Management Permits


Projects with a potential environmental impact due to their nature, size or location, require preparation of an environmental impact assessment and obtaining of a decision approving the environmental impact study (in accordance with the Law on Environmental Protection (Official Gazette of the Republic of Srpska, no. 71/12 and 79/15)

The impact assessment is conducted in two phases:

  1. During the procedure of previous impact assessment, decisions are made about the obligation to prepare the impact analysis, and about the scope of the impact assessment, if its preparation is obligatory
  2. During the procedure of environmental impact assessment.

Location requirements for the projects with potential environmental impact are issued by the administrative body responsible for spatial planning, based on previously obtained decision establishing the obligation to prepare the impact assessment and scope of the impact assessment, if its preparation is obligatory.

Construction approval for the projects with potential significant environmental impact is issued by the administrative body responsible for construction, based on previously obtained decision approving the study or obtained environmental permit.

The procedure for previous environmental impact assessment is initiated by application filed by the project proponent with the ministry responsible for environmental protection (hereinafter: application for previous impact assessment).

The following information should be attached to the application for previous impact assessment:

  1. project description, including information about its location, purpose and size,
  2. description of project’s potential environmental impacts during its construction or implementation and during its operation or exploitation,
  3. description of planned measures aimed at prevention, reduction or removal of harmful environmental impacts of the project,
  4. brief overview of alternatives considered by the project proponent, and statement of reasons for the selected solution, regarding environmental impacts,
  5. planning document excerpt,
  6. information about potential difficulties encountered by the project proponent in collecting data,
  7. non-technical summary of information from the preceding items of this paragraph.

In the procedure of consideration and decision-making about the application for previous impact assessment, the ministry responsible for environmental protection must file a copy of the application and enable examination of the attached documents in order to obtain their opinion to the following entities:

  1. administrative body responsible for the activities of construction at the local self-government unit of future project implementation, in cases where the Ministry is responsible for the issue of location requirements,
  2. administrative bodies and organizations responsible for protection of environmental elements specified in Article 65 of the Law of Environmental Protection, which may be exposed to its significant impact by project implementation, i.e.: bodies responsible for protection of nature, bodies responsible for cultural, historical and natural heritage protection, bodies responsible for agriculture, forestry, water management, bodies responsible for health protection, and other concerned bodies,
  3. body responsible for environmental protection of the other entity or Brcko District, in case of a project with significant environmental impact in the other entity or Brcko District, or another country, in accordance with Articles 75 through 79 70 through 75 of this Law, or if requested by an inter-entity body.

(1) The Ministry shall decide about the application for previous impact assessment by a decision establishing the obligation for the applicant to conduct the impact assessment of the project and to obtain the environmental impact assessment study (hereinafter: impact study) and establishing the tentative scope and contents of the study, or establishing that conducting the impact study and obtaining the study are not obligatory.

(2) The scope and contents of the impact study shall be established based on the specific features of each project in accordance with the provisions given in Article 68 paragraph 1 of this Law and criteria set forth by a special regulation given in Article 63 paragraph 1 of this Law, taking into account also the provisions of Article 75 paragraph 1 and Article 79 of this Law.

Within 15 days from the date of delivery of the decision on the obligation to prepare the impact assessment and on the scope of the impact assessment to project proponent, the ministry responsible for environmental protection shall deliver the decision to the parties mentioned in Article 65, paragraph 1, and post it on the internet site of the ministry or Government for a period of 30 days

 

Approval of Environmental Impact Study

In case the Ministry establishes in its decision the obligation to conduct the impact study and to prepare the environmental impact study, the procedure shall be implemented in accordance with Articles 67 through 79 of the Law on Environmental Protection.

The decision approving the environmental impact study shall be adopted by the Ministry within 60 days from the date of receipt of the impact study in its final form mentioned in Article 72 paragraph 6 of the Law on Environmental Protection.

 

Issue of Environmental Permits

The purpose of the environmental permit is to provide a high level of the overall environmental protection by means of protection of air, water and land. If another law provides for the issue of other permits for plants, such permits shall be issued together with the environmental permit. The bodies responsible for the issue of special permits shall be involved in the procedure of the issue of environmental permit. The environmental permit shall be issued also for a significant change in a plant. The body responsible for the issue of the environmental permits shall review the issued environmental permits each five years and renew the permits upon change of permit terms if necessary.

Responsible person shall submit the application for the issue of the environmental permit to the responsible body together with the evidence including:

  • name and address of responsible person and address of plant location,
  • description of plant and activities (plan, technical description of operation, etc.),
  • description of the basic and auxiliary raw materials, other substances, and energy used or produced by the plant,
  • description of plant emission source,
  • description of condition of plant location,
  • description of the nature and quantity of the projected plant emissions into all parts of the environment (air, water, land), as well as identification of significant environmental impacts,
  • description of proposed measures, technologies and other techniques of prevention or, if prevention is impossible, of reduction of plant emission,
  • description of measures for prevention of waste production and measures for recovery of useful material from waste produced by the plant,
  • description of other measures for the purpose of their harmonization with the main obligations of responsible person, in particular of the measures following plant closing,
  • description of measures planned for monitoring of emissions within the area and their impact,
  • description of alternative solutions,
  • waste management plan.

In compliance with Article 89 of the Law on Environmental Protection, the body responsible for issuing environmental permits shall pass a decision on issuing the environmental permit and on its scope based on the application of the responsible person, supporting documentation and obtained opinion of the local self-government unit and interested public, within 60 days from the date of receipt of complete application for the issue of environmental permit.

The following bodies shall be responsible for the plants that need environmental permit or are subject to the provisions related to control of large-scale accident risk:

  • ministry responsible for environmental protection for large and medium plants above the thresholds set forth by subordinate legislation and for plants specified in the provisions on prevention of large scale accidents;
  • local administration body responsible for environmental protection for small plants, i.e. plants below the thresholds set forth by subordinate legislation, i.e. plants not covered by subordinate legislation.

 

Issue of Waste Management Permits

The application for issue of a waste management permit is filed in compliance with Article 66 of the Law on Waste Management (Official Gazette of the Republic of Srpska no.: 111/13), for the activities of storage, treatment and disposal. The study and the following documentation should be attached to the application: 

  • certificate of registration
  • plan of protection from accidents and certified study of fire protection
  • plan for plant closure
  • statement of methods of waste treatment or disposal
  • statement of methods of treatment and disposal of residues from the plant
  • environmental permit issued in compliance with the regulation governing environmental protection
  • location requirements
  • construction permit
  • copies of approvals of other responsible bodies issued in compliance with special regulations
  • financial and other guarantees or appropriate insurance in case of accident or damage suffered by third parties
  • certificate of payment of appropriate stamp duty.

The permit for waste collection and transport is issued based on Article 74 of the Law.

The following should be attached to the application for issue of permit:

  • information about the applicant
  • information about registration for performance of activity
  • information about type of waste
  • information about location and collecting equipment
  • information about means of transport
  • certificate of payment of appropriate stamp duty

 

Ecotaxes

The ecotax is paid under tariff no. 68 of the Law on Stamp Duties, (Official Gazette of the Republic of Srpska nos. 100/11, 103/11 and 67/13), in the following amounts:

  1. For issue of decision upon application for previous environmental impact assessment – BAM 50
  2. for issue of decision approving impact assessment – BAM 1,000
  3. for issue of environmental permit - BAM 150
  4. for review of environmental permit – BAM 150
  5. for issue of decision approving activity plan including measures and deadlines for gradual reduction of emission, i.e. pollution, and for alignment with the best available technique - BAM 500
  6. for assessment of the adjustment plan for the existing plants and devices for waste management activities and activities undertaken by the responsible body - BAM 500
  7. for issue of waste management permit – BAM 150
  8. for review of waste management permit – BAM 150
  9. for approval of exemption from the obligation to obtain waste management permit - BAM 150
  10. for identification of requirements to be fulfilled by a legal person performing verification and monitoring of emissions of pollutants into the air – BAM 150
  11. for issue of decision granting approval to export hazardous waste BAM 500
  12. for issue of decision on import, export and transit of non-hazardous waste – BAM 150
  13. for issue of decision on transport (transit) of hazardous waste through the territory of the Republic of Srpska BAM 700
  14. for approval in the procedure of obtaining of license for import-export of ozone-depleting substances - BAM 50
  15. for approval in the procedure of issue of import quota and permit for import-export of ozone-depleting substances - BAM 50
  16. for issue of decision approving the project or activities with potential significant impact on protected areas – BAM 100
  17. for issue of decision approving introduction of the new and reintroduction of the extinct plant and animal species – BAM 50
  18. for issue of decision approving use of wild plant and animal species – BAM 100
  19. for approval to a company or another legal person to trade and transport nuclear resources and materials allowing transport of the above material across the border of the Republic of Srpska - BAM 500

 

Legal Regulations

Laws:

Law on Environmental Protection (Official Gazette of the Republic of Srpska no. 71/12 and 79/15)

Law on Waste Management (Official Gazette of the Republic of Srpska no. 111/13)

Rulebooks:

Rulebook on projects subject to conducting environmental impact assessment and criteria for decision-making about the need to conduct and scope of the environmental impact assessment (Official Gazette of the Republic of Srpska no: 124/12)

Rulebook on plants that can be built or commissioned only if issued environmental permit (Official Gazette of the Republic of Srpska no: 124/12)

Rulebook on application form for the issue of permit for waste storage, treatment and disposal (Official Gazette of the Republic of Srpska no: 18/15)

Or at the following link:

http://www.vladars.net/sr-SP-Cyrl/Vlada/Ministarstva/mgr/PAO/Pages/Akti.aspx