- I. GENERAL PROVISIONS
- VII. LIABILITY FOR ENVIRONMENTAL POLLUTION
- VIII. SUPERVISION
- IV. ENVIRONMENTAL MONITORING
- V. INFORMATION AND PUBLIC PARTICIPATION
- VI. ECONOMIC INSTRUMENTS
- VII. LIABILITY FOR ENVIRONMENTAL POLLUTION
- VIII. SUPERVISION
- IX. PENALTY PROVISIONS
- X. TRANSITIONAL AND FINAL PROVISIONS
L A W
ON ENVIRONMENTAL PROTECTION
I. GENERAL PROVISIONS
Subject of the Law
Article 1
This Law shall regulate the integral system of environmental protection which shall ensure human right to live and develop in healthy environment as well as balanced economy growth and protection of the environment in the Republic.
System of Environmental Protection
Article 2
The system of environmental protection shall comprise measures, conditions and instruments for:
1) sustainable management, preservation of nature balance, integrity, diversity and quality of natural values and conditions for survival of all living beings;
2) prevention, control, reduction and rehabilitation of all kinds of environmental pollution.
Sustainable management of natural values and environmental protection shall be realized in accordance with this Law.
Definitions
Article 3
Certain expressions used in this Law have the following meaning:
1) environment is a set of natural and man-made values whose complex mutual relations make up the environment, i.e. area and conditions for life;
2) environmental quality is a state of environment in terms of physical, chemical, biological, aesthetic and other indicators;
3) natural value is natural wealth which comprises air, water, soil, forests, geological resources, plants and animal life;
4) protected natural good is a preserved part of nature with special values and characteristics (geodiversity, biodiversity, scenery, landscape etc), due to which they have permanent ecological, scientific, cultural, educational, health recreational, tourist and other significance and therefore as a public good it enjoys special protection;
5) public natural good is a cultivated or uncultivated part of natural wealth, i.e. air, water goods, water-fronts, underground goods, forests, sceneries or landscapes equally accessible to all;
6) geodiversity (geological diversity) is a presence or dispersion of different elements and features of geological texture, geological structure and processes, geochronological units, rocks and minerals of different composition and genesis types and different paleoecosystems which have been changed in space under influence of internal or external geodynamic components in the course of geological time;
7) biodiversity (biological diversity) is a diversity of organisms within a specie, among the species and eco-systems and it covers full genetic diversity, species and ecosystems diversity at local, national, regional and global level;
8) cadastre of polluters is a registry of all polluters of environmental media containing systematic information and data on their location, production processes, characteristics, materialistic balance between the input and output of raw materials, semi – finished products and final products, treatment installations, waste flows and polluting substances, the location of their discharge, treatment and disposal;
9) activity affecting the environment (hereinafter: “activity”) is any action (permanent or temporary) which changes or may change the status and conditions in the environment and relates to: utilization of resources and natural goods; production and circulation processes; distribution and use of materials; emissions of pollution into water, air, or soil; waste and wastewater management; chemicals and harmful substances management; noise and vibrations; ionizing and non-ionizing radiation; accidents;
10) installation is a stationary technical unit where one or more activities are performed for which special regulations have been determined and permit has been issued, as well as any other activity where there is a technical connection to the activities that are performed at the place and which, as a result, may cause emission and pollution;
11) environmental pollution is introduction of pollutants or energy into the environment, caused either by human activities or natural processes, which has or may have adverse effects towards quality of the environment and human health;
12) environmental capacity is the ability of environment to accept certain quantity of pollutants per unit of time and space so as to avoid irreparable damage towards the environment;
13) endangered environment is a certain part of environment where pollution or risk from pollution exceeds the environmental capacity;
14) polluter is a legal or natural entity who by its activity or inactivity pollutes the environment;
15) pollutants are substances whose outflow into the environment affects or may affect its natural composition, properties and integrity;
16) load to the environmental is individual or cumulative effect of activities to environment, which may be expressed as aggregate (several similar components), common (several heterogeneous components), permitted (within the permitted limit values), excessive (exceeding limit values) load;
17) degradation of environment is a process of degradation of environment quality caused either by natural or human activity or it occurs as a consequence of non – performance of measures for elimination of causes of degradation of quality or damage towards the environment, natural or any man-made values;
18) emission is the discharge of pollutants or energy from individual and/or diffuse sources into the environment and its media;
19) immission is the concentration of pollutants and level of energy in the environment expressing the quality of environment at a particular time and place;
20) waste is any object or substance categorized according to certain classification of waste, treated by the owner or obliged to be treated, i.e. managed;
21) dangerous substances are chemicals or other substances with harmful or hazardous intrinsic properties;
22) best available techniques represent the most effective and most advanced phases in the development of certain activities and the way of their performance which enable more appropriate application of certain techniques to meet limit values of emissions projected in the way to prevent or, where not feasible, to reduce emissions and overall impact towards the environment;
23) risk is a certain level of probability that certain activity, directly or indirectly, shall cause danger towards the environment, life and human health;
24) accident is a sudden and uncontrolled event or series of events which occur with uncontrolled release, leakage or dispersion of dangerous substances in the process of production, circulation, utilization, transport, processing, storage, disposal or long term inadequate storage. This term shall not cover: military facilities; nuclear accidents; genetically modified organisms; transport of dangerous substances through pipe systems, including pump stations; accidents during the research and exploitation of mineral raw materials; damages to dams, with an exception of consequences from industrial accidents caused by such damages;
25) rehabilitation, i.e. remediation is the process of undertaking measures in order to halt pollution and further degradation of environment up to the safe level for future use of the location including also arrangement of the area, revitalization and recultivation thereof;
26) public is one or several natural or legal entities, their associations, organizations or groups.
Subjects of the Environmental Protection System
Article 4
The environmental protection system shall be carried out, within their respective competencies, by:
1) the Republic;
2) Autonomous Province;
3) Municipality, i.e. the city (hereinafter “local self-governance body”);
4) Companies, other domestic and foreign legal entities and entrepreneurs who use natural values in their economic and other activities, to endanger or pollute the environment (hereinafter “legal and natural entities”);
5) Scientific and expert organizations and other public services;
6) Citizens, groups of citizens, their associations, professional and other organizations.
All the subjects of the environment system shall be obliged to preserve and develop the environment.
Subjects’ Liabilities
Article 5
In the realization of the environmental protection system, the Republic, Autonomous Province, local self-governance body, legal and natural entities shall be responsible for every activity with which they change or may change environmental status and conditions, i.e. for failing to implement environmental protection measures in compliance with the law.
In performing their activities, legal and natural entities are obliged to provide: rational use of natural resources, calculation of environmental protection expenditures in their investment and running costs, implement regulations, namely take environmental protection measures in compliance with the law.
Raising Awareness
Article 6
State authorities, scientific institutions, education, information, culture and other institutions, as well as other types of societies, in the field of their work shall inspire, direct and ensure better awareness concerning the importance of environmental protection.
Raising awareness about the importance of environmental protection is provided through education and upbringing system, science research and technological development, public information and popularization of environmental protection.
Civil Societies
Article 7
Civil societies, founded for the environmental protection shall prepare, promote and realize their protection program, protect their rights and interest in the environmental protection, propose activities and measures conducive to protection, participate in the decision making process in compliance with the law, help or directly disseminate information about the environment.
Cooperation
Article 8
The subjects involved in the environmental protection system shall be bound to cooperate, provide for coordination and harmonization in decision making and decision implementation.
The republic shall cooperate with other governments and international organizations in the environmental domain.
Principles of Environmental Protection
Article 9
The basic principles of environmental protection shall be:
1) Integration principle - state authorities, those of the autonomous province and local self-governance unit shall provide the integration of environmental protection and enhancement into all sector policies by implementing mutually harmonized plans and programs and by implementing regulations through permit system, technical and other standards and norms, by financing, through incentive and other measures of environmental protection.
2) Principle of prevention and precautionary – every activity must be planned and implemented in the way that: causes minimal possible change in the environment; represents the smallest risk towards the environment and human health; reduces spatial burden and consumption of raw materials and energy in construction, production, distribution and utilization; includes the possibility for recycling; prevents or limits impact to the environment at the source of pollution.
The principle of proximity shall be realized through environmental impact assessment and through usage of best available and accessible technologies, techniques and equipment.
The absence of full scientific reliability cannot be the reason for non-performance of measures for the prevention of environmental degradation in case of possible or existent significant impacts to the environment.
3) Principle of natural value preservation - natural values shall be used under the conditions and in the manner to ensure the preservation of the values of geodiversity, biodiversity, protected natural goods and landscape.
Renewable natural resources shall be used under the conditions which ensure their permanent and efficient renewal and permanent quality enhancement.
Non-renewable natural resources shall be used under the conditions which ensure their long-term, economical and reasonable utilization, including limited utilization of strategic or rare natural resources and substitution by other available resources, composite or artificial materials.