Article 118
Water conditions for objects, works and planning documents referred to in Article 117 item. 1) to 25) of this Law shall be issued by the Ministry in the territory of the Autonomous Province, the competent authority of the Autonomous Province, and in the territory of the City of Belgrade, the competent body of the City.
In the day conditions referred to in Article 117 item. 26) to 30) of this Law shall be issued by the competent authority of the local self- government unit.
If the impact on the water regime of construction of facilities referred to in Article 117, paragraph 30) of this Law exceeds the boundaries of the territory of the local self-government unit, the water conditions are issued by the Ministry, and in the territory of the Autonomous Province the competent authority of the autonomous province.
Prior to the issuance of water conditions for objects, works and planning documents referred to in paragraph 1 of this Article, the applicant is obliged to obtain the opinion of the republic organization responsible for hydrometeorological operations and public water management company .
Notwithstanding paragraph 4 of this Article, the Ministry, the competent authority of the autonomous province, or the competent body of the City may request the applicant to release the obligation to obtain the opinion of the republic organization responsible for hydrometeorological affairs, and, if necessary, It will require the applicant to obtain the opinion of the ministry responsible for environmental protection and / or specialized expert scientific institutions (institutes, institutes, etc.).
Prior to issuing water conditions for facilities and works referred to in paragraph 2 of this Article, the applicant is obliged to obtain the opinion of the public water management company.
For objects, works and planning documents in the territory of the spa resort, the applicant is obliged to obtain the opinion of the ministry competent for tourism affairs.
The Minister shall prescribe the content of the opinion referred to in paragraph 4 of this Article.
1.2. Water consent
Issue of water consent
Article 119
The water consent stipulates that the technical documentation for facilities and works, as well as the planning documents for landscaping and management of forests referred to in Article 117 of this Law shall be done in accordance with the issued water conditions.
In or a consent is issued before the start of construction of an new and reconstruction of an existing premises and installations and performance and other works that could have an impact on the water regime, as well as drafting the planning documents for spatial planning and management of forests .
Notwithstanding paragraph 1 of this Article, a water consent may be issued without water conditions if, on the basis of technical documentation , the competent authority for issuing water consents determines that the construction of facilities or works that are the subject of technical documentation does not disturb the water re- im.
Water permit is issued by the issuing authority.
Term of validity and the transfer of rights
Article 120
Water consent for the exploitation of river deposits is issued for a limited period of time, and the longest for a period of two years.
The right acquired on the basis of water consent he can not be , without the consent of nadlenog authority that issued the water approval , transferred to another person.
The decision on the transfer of rights referred to in paragraph 2 of this Article shall be made by the Ministry, the competent body of the autonomous province, the competent body of the City, or the competent body of the local self-government unit, within two months from the date of filing the request.
Against the decision referred to in paragraph 3 of this Article issued by the competent body of the autonomous province, the competent body of the City, or the competent body of the local self-government unit, an appeal may be lodged with the Minister within 15 days from the date of delivery Solutions.
The decision referred to in paragraph 3 of this Article made by the Ministry is finally in the administrative procedure and an administrative dispute can be initiated against this decision.
Termination of water consent
Article 121
Water consent ceases to be valid if, within two years from the date of its receipt, the competent authority does not submit a request for issuing a building permit or a request for issuing a permit for the construction of a mine.
The decision on determining the cessation of the validity of a water consent is passed by the issuing authority.
Against the decision referred to in paragraph 2 of this Article issued by the competent authority of the Autonomous Province, the competent body of the City, or the competent body of the local self-government unit, an appeal may be lodged with the Minister within 15 days from the date of delivery Solutions.
The decision referred to in paragraph 2 of this Article made by the Ministry is finally in the administrative procedure and an administrative dispute can be initiated against this decision.
1.3. Water permit
Issuing a water permit
Article 122
The water permit shall determine the manner, conditions and scope of water use, the manner , conditions and extent of wastewater disposal, storage and discharge of hazardous and other substances that may pollute water, as well as the conditions for other works that are affected On water regime.
A water permit for the use of groundwater can not be issued without the decision of the ministry responsible for geological exploration of established and classified reserves of groundwater.
A water permit is issued by the authority responsible for issuing water consent , or water conditions.
The authority referred to in paragraph 3 of this Article for the facilities and works in the territory of the spa town, as well as for the use of water with natural medicinal property, shall issue a water permit with the consent of the ministry responsible for tourism.
The water permit is issued for a limited period of time , and the longest for a period of 15 years.
The safety of the water permit can be extended at the request of the holder of the water permit, which is submitted no later than two months before the expiration of the validity period of the water permit.
Issuing a water permit without water conditions and water consent
Article 123
Water permit can not be issued without obtaining water conditions and issued water consent.
Notwithstanding paragraph 1 of this Article, a water permit may be issued without water conditions and water consents for constructed facilities and systems that have a use permit and do not adversely affect the water regime.
Exceptions to the obligation to issue a water permit
Article 124
A water permit is not issued for :
1) distribution of water from the water supply network from the tank, that is, the main highway to the measuring instrument of the consumer;
2) maintenance of natural and vital watercourses and inundation areas for the provision of permeability, control and protection facilities and water facilities of the main drainage network, carried out by a public water undertaking;
3) discharge of wastewater from households and legal persons running drinking and sanitation needs into the public sewerage system;
4) maintenance of the waterway.
In addition to the activities referred to in paragraph 1 of this Article, the owner or user of the land may, without a water permit, use for the needs of his own household:
1) atmospheric water, which is collected on its territory ;
2) water that springs in this zemljita, but does not swell beyond its borders ;
3) Groundwater in his country for drinking, feeding and cattle needs .
Transfer of rights acquired on the basis of a water permit
Article 125
Q devil century Chechens under water d permits he can not be transferred to another person without the consent of the authority that issued the water permit.
Against the decision on granting consent from paragraph 1 of this article issued by the competent body of the autonomous province, the competent body of the City, or the competent body of the local self-government unit, an appeal may be lodged to the Minister within 15 days From the date of delivery of the decision.
The decision to give consent referred to in paragraph 1 of this Article, made by the Ministry, is ultimately in the administrative procedure, and an administrative dispute may be initiated against this decision.
Termination of the water permit
Article 126
The water permit ceases to be:
1) by the expiration of the period for which it was issued;
2) owing to the bankruptcy or liquidation of the legal entity to which it was issued;
3) if the holder of a water permit in writing issues a denial of its use;
4) if , without justified reasons, it is not used for more than two years from its receipt;
5) if the conditions of the water permit are not respected.
The decision on determining the cessation of the validity of a water permit shall be issued by the authority that issued the water permit.
Against the decision referred to in paragraph 2 of this Article issued by the competent authority of the Autonomous Province, the competent body of the City, or the competent body of the local self-government unit, an appeal may be lodged with the Minister within 15 days from the date of delivery Solutions.
The decision referred to in paragraph 2 of this Article made by the Ministry is ultimately in the administrative procedure and an administrative dispute can be initiated against this decision.
Certificate of Occupancy
Article 127
The use permit can not be issued without a previously issued water permit.
Notwithstanding paragraph 1 of this Article, the use permit for the regulation of watercourses, the construction of embankments, transmission lines, main and regional roads, railways, main pipelines and gas pipelines , cable lines under the river beds for transmission of electricity, TT and optical cables, bridges, It will be issued according to the previously obtained confirmation of the fulfillment of conditions from a water consent .
The certificate referred to in paragraph 2 . Of this Article shall be issued by the authority issuing the water consent.
1.4. Water Order
Article 12 8 .
Water order is the holder of Water and permit , ie confirmation Nala that within a specified time executed an action , or to refrain from some of committing , in order to eliminate the risk of the resulting or potential disturbance of the water regime, Ie disturbance of stability of the river bed or aquatic land , as well as establishment of conditions in accordance with the conditions of the issued water permit.
Water authority issued by the Ministry on the territory of the Autonomous Province is the competent authority of the Autonomous Province, in the territory of the city of Belgrade, the competent body of the City , and in the territory of the local self-government, the competent authority of the local self-government unit.
Against the decision referred to in paragraph 2 of this Article issued by the competent body of the autonomous province, the competent body of the City, or the competent body of the local self-government unit, an appeal may be lodged to the Minister within 15 days from the day Submitting a decision.
The decision referred to in paragraph 2 of this Article made by the Ministry is finally in the administrative procedure and an administrative dispute can be initiated against this decision.
2. Water documentation
Types of water documentation
Article 129
Water documentation is:
1) in one book ;
2) Water Register.
Water book
Article 130
In or a library by j s register of issued water legislation.
The Ministry, in the territory of the Autonomous Province, is the competent authority of the Autonomous Province, in the territory of the City of Belgrade, the competent body of the City , and in the territory of the local self-government, the competent body of the local self-government unit is obliged to keep all issued water acts in the Water Register.
The water book shall contain in particular: a register of water consents; Registration of water permits and certificates; Register of water conditions; Registration of water orders; Record of conclusions about rejecting a party’s request; Register of acts on the inability of the authority to act upon the request of a party; A collection of documents and technical documentation.
The water book is kept in written and electronic form.
The competent authority of the autonomous province, the competent body of work, or the competent body of the local self-government unit, is obliged to submit data from the water book to the Ministry.
The Ministry is obliged to submit data from the Water Register to the Ministry competent for matters related to technical regulations, in accordance with a special law.
The Minister shall prescribe in detail the content, method of keeping and the form of the water book referred to in paragraph 3 of this Article.
Water Cadastre
Article 131
In order to provide the data necessary for water management, ie water use, water protection and protection against the harmful effects of water , water cadastres are conducted .
Water Cadastres are:
1) Cadastre of water resources;
2) Cadastre of water facilities ;
3) Cadastre of water use;
4) Cadastre of pollutants.
Water cadastres referred to in paragraph 2 of this Article shall be an integral part of the water information system.
The content and method of conducting the water cadastre
Article 132
The water register cadastre contains in particular: a register, a collection of documents and technical and other documentation on surface and groundwater, aquatic land and exploitation of river deposits from aquatic land.
The cadastre of water facilities contains in particular: a register, a collection of documents and a technical documentation on a water facility.
The Water Use Cadastre shall contain in particular: a register, a collection of documents and technical and other documentation on the sources and users of water, the quantity and quality of the affected water for individual purposes.
The inventory of water contaminants contains in particular: a register , a collection of documents and technical and other documentation on sources of pollution of water, quantity and type of emission and receivers (recipients).
Water Cadastre from st. Articles 1 through 4 of this Article shall be managed by a public water undertaking .
The Public Water Supply Company is obliged to submit to the Ministry the Register of Water Cadastres.
The Ministry is obliged to submit data from the Water Cadastre to the Ministry competent for matters related to the technical regulations, in accordance with a special law.
The water cadastre is conducted in written and electronic form.
The Minister shall prescribe the content and method of keeping water cadastres from paragraph 1. to 4. of this Article.
A legal entity that has built water facilities by its own means is obliged, at the request of the Ministry and the public water management company, to provide data for water cadastres from Art. 1. to 4. of this Article.