Author: advokatska

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.

Water Act

Types of water acts

Article 113

Working ensuring uniform water regime and achieving water management , in accordance with the provisions of the bill, issued in the removal of the measure.

Water acts are administrative acts that are adopted in accordance with the regulation governing the general administrative procedure.

Water acts are:

1) water conditions;

2) water approval;

3) water permit;

4) water order .

Water acts are also in accordance with the Strategy, Water Management Plan and appropriate technical documentation.

Drafting the water even while this and decide on appeals

Article 114

Water Act is passed by the Ministry on the territory of the Autonomous Province, 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 unit, the competent authority of the local self-government unit, within two months from the date of filing Request for issuing a water act.

The application for the issuance of water acts referred to in paragraph 1 of this Article shall be submitted by a person who, in accordance with the law regulating the planning and construction of facilities, obtains a building permit , develops spatial or urban plans, as well as a person who gazes in the forests (hereinafter: the applicant Request).

Against the water act referred to in paragraph 1 of this Article, issued by the competent authority of the autonomous province, the competent body of the City, or the competent authority of the local self-government unit, an appeal may be lodged to the inspector within 15 days from Days of delivery of this water act.

The water act referred to in paragraph 1 of this Article brought by the Minister is final in the administrative procedure and an administrative dispute may be initiated against this act .

The Minister shall prescribe the contents and form of the request for issuing water acts.

1.1. Water conditions

Issue of water conditions

Article 115

Water conditions shall be issued in the process of preparation of technical documentation for the construction of new and reconstruction of existing facilities and the performance of other works that can permanently, occasionally or temporarily influence the changes in the water regime, ie to endanger the environmental objectives, as well as the development of planning documents for Arrangement of space and management of forests.

Water conditions shall determine the technical and other requirements that must be fulfilled during the construction and reconstruction of facilities, the preparation of planning documents and the performance of other works referred to in paragraph 1 of this Article, in order to comply with the provisions of this Law and the regulations adopted on the basis of it.

Notwithstanding paragraph 1 of this Article, water conditions shall not be issued in the case of:

1) the connection of new or reconstructed residential or small business and other facilities to public water supply and sewerage , and use water only for drinking and sanitary needs ;

2) construction of the well and the drinking water supply of a household ;

3) the construction of the irrigation system and the surface is up to 1 ha , and the fuel consumption of irrigation water to 2500 m ³ in the vegetation period;

4) use of water for firefighting and defense of the country ;

5) use of the flood and inundation area for pastures and meadows.

Consideration of water conditions

Article 116

Water conditions shall cease to exist after the expiration of two years from the day of their issuance, if no request for issuing a water consent has been submitted within that period.

Facilities, works and planning documents for which water conditions are issued

Article 117

Water conditions are issued for the construction or reconstruction of facilities, execution of works, preparation of planning documents, for:

1) dam with accumulation;

2) the public and the water supply ;

3) regional hydrometeorological system;

4) hydroelectric power plant, thermal power plant, nuclear facility ;

5) an industrial and other facility for which water and water from surface and underground waters , as well as for industrial and other facilities whose wastewater is discharged into surface waters, groundwater or public sewage ;

6) wastewater treatment plant and sewage and sewage treatment facility;

7) main and regional road, railways and bridges on them, airport;

8) the passageway , the waterway and the road, the port, the marina and the harbor ;

9) industrial and municipal landfill ;

10) main and pipeline, gas pipeline, transmission line, substation , product line , cable line beneath the river bed for transmission of electricity, TT and fiber and cable ;

11) drainage system ;

12) System for the dewatering ;

13) system for drainage of atmospheric waters of the settlement;

14) Underground and overhead storage facilities for oil and its derivatives and other hazardous and priority substances ;

15) storage on the shores of substances that can pollute water ;

16) development of spatial (spatial plan of a local self-government unit) and urban (general and regulatory) plans;

17) management plans for forests in aquatic land;

18) mining Istria and exploitation works and facilities;

19) landscaping of watercourses and construction of protective water facilities ;

20) rinse the accumulation lake or clean the deposited sediment from the accumulation lake ;

21) Exploitation and landfilling on aquatic soil: river deposits, rock and other materials from the watercourse, riverbeds, river alluvions and the coast of natural watercourses, natural and artificial reservoirs ; Peat for horticulture ; Re-exploitation of the exploitation field and the immediate environment , upon completion of exploitation;

22) Metal enrichment or increase in the volume of undergrounds issued ;

23) pond ;

24) construction or overburden of buried and rena wells, as well as other estates for mining, geological and other works ;

25) public skiing;

26) Public water supply in a rural village ;

27) planting of trees and bunny plants and their cutting in a trough for large water and on the coast ;

28) changing the cadastral culture of the land on the erosion area ;

29) Vodka and housing facility on abortion ;

30) other facility and works that may temporarily, occasionally or permanently cause changes in the water regime or which may be affected by the aquatic environment.

Article 110

Protected areas in the water area, within the meaning of this law, are:

1)      sanitary protection zones of the source referred to in Article 77 of this Law;

2)      areas intended for catching water for human consumption referred to in Article 73 of this Law;

3)      water bodies intended for recreation, including areas designated for bathing;

4)      areas sensitive to nutrients, including areas of underlying eutrophication and areas susceptible to nitrates from agricultural sources;

5)      areas intended for the protection of the habitat or species where the element of their protection or improvement of the status of waters is an essential element;

6)      areas intended to protect economically important aquatic species.

To pin an area of paragraph 1 . this article j avno Water Company water registers pin them to the authorities, who especially plaster: a regulation is an area proclaimed as a pin and the institution that is the area declared for zatićenu, as well as the position of the characteristics Authorities.

The minister, the minister competent for activities to keep you protected the environment and the minister competent for health affairs by mutual agreement establishes criteria for determining the pin them authorities from paragraph 1 . this article and closer to regulate the content mode and manner of keeping registers zatićenih authorities.

The minister and the minister responsible for health determines the protected areas referred to in paragraph 1, paragraph by the decision. 1) to 3) of this Article.

The minister and the minister responsible for environmental affairs shall determine the protected areas referred to in paragraph 1, item by the decision. 4) to 6) of this Article.

Classification of water bodies of surface and groundwater

Article 111

For the purpose of protecting and improving the quality of surface waters, the classification of water bodies of surface waters is carried out, depending on their ecological and chemical status .

For the purpose of protecting and improving the quality of groundwater, the classification of groundwater bodies is done, depending on their quantitative and chemical status.

The minister and the minister responsible for environmental affairs shall prescribe in detail the parameters of the ecological and chemical status referred to in paragraph 1 of this Article, as well as the quantitative and chemical status referred to in paragraph 2 of this Article.

K lasifikovana water bodies povrinskih water or classified water bodies groundwater recorded in the water management plan.

The revision of the performed classification of water bodies of surface waters is based on the results of the monitoring of the status of waters.

4.4. Issue and revocation of the license

Member 112 .

The tasks for which the JV company or other legal entity must have a license are:

1)      supply of drinking water to the public water supply system;

2)      the akupljanje, drainage and waste water treatment system of the sewage;

3)      implementation of the defense against floods and other forms of protection against the harmful effects of waters;

4)      care for the functioning of water facilities and systems;

5)      maintenance of regulatory and protective facilities and accompanying devices on them;

6)      maintenance of melioration systems for drainage and irrigation;

7)      performing repair work and emergency interventions on protective and control facilities;

8)      monitoring of the state of water facilities;

9)      other activities in accordance with this Law.

The activities referred to in paragraph 1 of this Article may be performed by j a Government company or other legal entity that is registered in the appropriate register for performing those tasks.

The license may be obtained from the person referred to in paragraph 1 of this Article who meets the requirements regarding technical and technological equipment and organizational and human resources.

The license shall be issued by a decision of the Ministry, at the request of the person referred to in paragraph 1 of this Article , for a period of five years.

The costs of issuing the license shall be borne by the person referred to in paragraph 1 of this Article, in accordance with the law governing republic administrative fees.

The license may be revoked if:

1) The person referred to in paragraph 1 of this Article ceases to fulfill the conditions for issuing the license;

2) It is determined that the license was issued on the basis of incorrect and false data.

The decision to issue a license and seize the license is ultimately in the administrative procedure, and an administrative dispute may be initiated against that decision.

A public company or a legal entity referred to in paragraph 1 of this Article to whom a license has been seized may apply for a new license, after the expiration of one year from the date of the decision to revoke the license.

The Ministry keeps records of issued and seized licenses.

The Minister shall prescribe the conditions referred to in paragraph 3 of this Article, as well as the manner of keeping records of the issued and withdrawn licenses.

Article 97

To protect the quality of water, it is forbidden to:

1) Enrichment in surface and groundwater of waste water containing hazardous and polluting substances above the prescribed emission limit values ​​that can lead to deterioration of the current state;

2) discharge of wastewater into standing water, if that water is in contact with ground water, which can cause a deterioration of good ecological or chemical status of standing water;

3) discharge from vessels or coasts of pollutants that directly or indirectly fall into the water, originating from any device from a ship or shifting device on board or from a ship;

4) discharge of excessively thermal contaminated water;

5) use of fertilizers or plant protection products in the coastal zone up to 5 m ;

6) emitting in the public sewage t -Western waters that contain hazardous substances :

–  above the prescribed values ,

– which can actently affect the possibility of diverting water from sewage ,

– which can damage the sewer system and the water treatment plant,

– which may adversely affect the health of persons who maintain the sewage system;

7) use of abandoned wells as septic tanks;

8) leaving in the basin for large water of natural and ethereal watercourses and lakes, as well as on other land, materials that can contaminate water;

9) washing vehicles, Maine, equipment and devices in surface-water and water zemljita.

The obligation to waste water

Article 98

A legal entity, entrepreneur, or a natural person who discharges or disposes of substances that can pollute water, is obliged to completely remove these materials, in part or complete, before the discharge into the public sewage system or the recipient, in accordance with this Law And special laws regulating the field of environmental protection, that is, the regulations adopted on the basis of these laws.

A legal entity, an entrepreneur, or a natural person who discharges wastewater directly into the recipient, is obliged to ensure that waste water is discharged to a level that corresponds to emission limit values, or to a level that does not violate environmental quality standards Recipient (combined approach), taking a more stringent criterion than the two.

In order to ensure wastewater treatment, a legal entity or entrepreneur that discharges waste water into a recipient or public sewage system is obliged to provide funds and determine the deadlines for the construction and operation of these devices, in accordance with the plan of protection of water from Pollution and special laws regulating the field of environmental protection.

The act on the discharge of waste water into public sewerage is passed by the competent authority of the local self-government unit.

Obligation to measure quantity and to test the quality of wastewater

Article 99

A legal person or entrepreneur who drained waste waters into the public sewage , Duno is to set up devices for measurement, to continuously measure the amount of wastewater and examines the biochemical and mechanical parameters of the quality of wastewater and that reports about execution With one measure, quarterly to the public m water management company, the ministry responsible for environmental protection and the Environment Agency .

A legal person or entrepreneur who has to place the device for refinement of waste them water and , Duno is to measure the quantity and examine the quality of the waste water before and after refinement, to ensure the regular functioning of devices for waste water treatment and To keep a diary of their work.

Measuring quantities and testing the quality of wastewater shall be performed by an authorized legal entity in accordance with this Law.

The Minister and the Minister responsible for environmental affairs shall prescribe in detail the manner and conditions for measuring the quantity and testing of the quality of wastewater and the content of the report on the performed measurements referred to in paragraph 1 of this Article.

The obligation to control the correctness of objects

Article 10 0 .

The legal entity that collects, drains and discharges wastewater and water protection is obliged to perform control of the correctness of facilities for collection, discharge and treatment of wastewater, first of all in terms of watertightness, every five Years , and in the case of measuring devices, the quantities of wastewater once a year.

The control of the correctness of the objects referred to in paragraph 1 of this Article shall be performed by an authorized legal person, in accordance with this Law and the law regulating the construction of facilities, and shall issue a certificate thereof.

Provisions of st. Paragraphs 1 and 2 of this Article apply to septic and collecting pits.

Obligations in case of imminent danger of pollution

Article 101

If there is an imminent threat of pollution, or pollution to povrinskih and groundwater , legal entity, entrepreneur or natural person from d linen 98th of the deacon Duno is to take measures to prevent or to minimize pollution and remediation Water and to plan funds and deadlines for their realization.

If a legal entity, entrepreneur, or natural person does not undertake measures for reducing and remediation of water pollution from paragraph 1 of this article, these measures are undertaken by a public water undertaking, on its cost.

Obligation to protect water from pollution from vessels

Article 102

In the port , harbor, marina and zimovnik, devices for taking off mineral oils, oil mixtures, sewage and other waste materials from vessels must be installed in accordance with a special law.

The obligation to maintain the mineral oil device

Article 103

The owner, or user of oil pipelines and devices for the acceptance, processing and storage of mineral oils, is obliged to keep them in such a way as to prevent leakage and leakage of oil into waters, in accordance with a special law.

Obligation to report pollution

Article 104

If the citizen, the owner or the user of the shore, the navigator of the craft and other responsible person on the vessel, notice that pollution of water in the watercourse or lake has occurred, it is obligatory to inform without delay of one of the competent authorities (captain Port, the Ministry, the ministry responsible for environmental protection, the ministry responsible for internal affairs, the public water company ).

4.3.4. P flat faces for testing waste water quality and monitoring of pollution

Wastewater Quality Testing

Article 105

The quality of wastewater testing may be carried out by a legal entity authorized by the Ministry to carry out these tasks.

The Minister shall issue a decision authorizing a legal entity referred to in paragraph 1 of this Article if:

1) act on the granted accreditation by nadlenog accreditation body;

2) references to perform duties under paragraph 1 of this Article.

The minister’s decision referred to in paragraph 2 of this Article is finally in the administrative procedure and an administrative dispute can be initiated against him.

The list of authorized legal entities referred to in paragraph 2 of this Article shall be published on the website of the Ministry.

Monitoring of the aquatic pollution

Article 106

In the event of accidental water pollution, the republican organization competent for hidrometeoroloke jobs dune is that, after being informed in pollution, immediately inform the Ministry, the ministry competent for health affairs, Ministry competent for the jobs tamper Environment, the Ministry of Interior, the Environmental Protection Agency, the Public Water Supply Company and the local self-government unit on whose territory pollution was created.

Another authorized legal entity that monitors water status is obliged to notify the republican organization responsible for hydrometeorological activities , as soon as it is aware of the pollution of water, without delay .

State organization competent for hidrometeoroloke jobs dunes that continuously monitors the movement of the damage waves Water du watercourses up to the moment of termination of accidental pollution and what alerted the person from paragraph 1 of this Article.

4.3.5. Systematic monitoring of water status and protected areas – monitoring

Monitoring water status

Article 107

In order to ensure a harmonized and comprehensive review of the status of surface and groundwater, the Republic of Serbia establishes monitoring of water status in the water area and ensures its execution.

The monitoring referred to in paragraph 1 of this Article shall include:

1) for surface waters – volume, water levels and flows to a level significant for ecological and chemical status and ecological potential, as well as parameters of ecological and chemical status and ecological potential;

2) for groundwater – levels and control of chemical and quantitative status.

Monitoring of water status in protected areas also includes additional water status indicators, in accordance with the regulations for which this area has been established as protected .

Annual monitoring program

Article 108

The annual monitoring program contains in particular:

1) the number and position of the profile measuring water surfactant;

2) the number and position of monitoring wells and other objects and to measure the quantity of the ground water;

3) method and number of measurements of quantity and level of surface and groundwater;

4) manner and the procedure and to examining on the water quality;

5) number and the conditions under which examination is performed;

6) The contents of the report on the determined quality of water .

Implementation of the annual monitoring program

Article 109

The monitoring of the status of water is carried out by the republic organization responsible for hydrometeorological operations according to the annual program adopted by the Government, at the proposal of the Ministry and the ministry responsible for environmental affairs.

State organization competent for hidrometeoroloke jobs dune that reports about water quality testing on a quarterly basis to the Ministry and the Agency for protection of the environment.

Measurement and testing of water quality from the annual program referred to in paragraph 1 of this article may be performed by another legal entity.

The Minister shall issue a decision authorizing a legal entity referred to in paragraph 3 of this Article, if it has:

1) act on the granted accreditation by nadlenog accreditation body;

2) references to perform duties under paragraph 3 of this Article.

The person referred to in paragraph 3 of this Article is obliged to submit the results of the queries quarterly to the republic organization responsible for hydrometeorological affairs and to the Environmental Agency.

State organization competent for hidrometeoroloke jobs dune is to allow the Binding of monitoring results to all interested companies and individuals, free of charge.

State organization competent for hidrometeoroloke affairs constitutes a year reports about the state of and changes in water quality, which is submitted to the Ministry, the Public Water Management Company, the ministry competent for health affairs, Ministry competent for the jobs tamper The Environment Agency, the Ministry of Environment and the Ministry of Geology, not later than March 1 of the current year for the previous year.

Article 77

On areas that are used as sources for drinking water supply and sanitation and hygiene needs determine the three zones of sanitary protections, such as: IRA zone tamper, tamper ua zones and zones for immediate Shut up.

With those hot tamper referred to in paragraph 1 of this Article represent zatićenu area and determined in accordance with a hydro, hidrogeolok them and drug them , characteristic vima zemljita and sub-basins, the type of sources and its environment The source, the capacity of the source and other factors affecting the issue of the source, and shall be kept in a manner that does not endanger the health correctness of the water at the source.

The minister, the minister responsible for health and the minister responsible for environmental protection, prescribe in greater detail which sources, in terms of capacity, determine the zones of sanitary protection, as well as the manner of determining, Maintenance and use of sanitary protection zones.

The request for the determination of the sanitary protection zone shall be submitted by the authority of the local self-government unit in whose territory the sources are located for which the sanitary protection zones are foreseen in the study.

If zones are covered in the territory of several local self-government units, the request is submitted by each local government unit for the protection zones in its territory.

The Minister in charge of health affairs, and for the territory of the autonomous province, the competent authority of the autonomous province, shall issue a decision on determining the zone of sanitary protection of the source referred to in paragraph 1 of this Article, on the basis of the study referred to in paragraph 4 of this Article .

Against the decision referred to in paragraph 6 of this Article, issued by the competent authority of the Autonomous Province for the territory of the Autonomous Province, an appeal may be lodged to the Minister in charge of health within 15 days from the date of delivery of this decision .

A decision made by the Minister for Health referred to in paragraph 6 of this Article is finally in the administrative procedure and an administrative dispute can be initiated against this decision.

Pursuant to the final decision referred to in paragraph 6 of this Article, sanitary protection zones are entered in the water management plan, spatial (spatial plan of the local self-government unit) and urban (general and regulatory) plan.

Water quality testing at sources

Article 78

For the water body from which the average may affect more than 100 m ³ / day, and that the water management plan intended to supply water for drinking and for sanitation and hygiene needs in the future, provide continuously measuring the amount of water and testing Its quality.

The measurement and testing referred to in paragraph 1 of this Article shall be performed according to the annual program issued by the Ministry.

Measurement and testing referred to in paragraph 1 of this Article shall be carried out by a republic organization responsible for hydrometeorological operations.

Measurement and examination referred to in paragraph 1 of this Article may be performed by another legal entity authorized by the Ministry to perform these tasks.

The Minister shall issue a decision authorizing a legal entity referred to in paragraph 4 of this Article, if it has:

1) act on granting accreditation by the competent accreditation body for the performance of water quality testing activities;

2) references to activities referred to in paragraph 1 of this Article.

The minister’s decision referred to in paragraph 5 of this Article is finally in the administrative procedure and an administrative dispute can be initiated against him.

Face from st. 3 and 4 of this Article, it is indispensable that the data on the quantity and quality of water be submitted quarterly to the Ministry, the Ministry of Health , the Ministry responsible for environmental protection, the Agency for the Protection of Life Environment, public water management company, and for groundwater and the ministry responsible for geology.

The data referred to in paragraph 1 of this Article shall be public.

Research works at the source

Article 79

To go from the source read povrinskih water which serves for the supply of drinking water, can be used only if it is re-use in accordance with the water balance, and if the previously carried Istrans works according to the law .

To go from the source reads the groundwater that serves for the supply of drinking water, can be used only if it is in accordance with the water balance, and if the previously carried hidrogeoloki Istrans articles according to the conditions and methods of Geological research prescribed by the law regulating geological explorations.

ISTRANA r Adove from st . 1 and 2 of this article are considered the works including determining s reserves , betrayal and quality of water in a particular with roots .

The scope and type of research works referred to in paragraph 1 of this Article shall be determined by the Ministry by a decision.

The scope and type of research papers referred to in paragraph 2 of this Article shall be determined by the ministry in charge of detailed geological exploration.

The decision from par. 4 and 5 of this Article is finally in the administrative procedure and an administrative dispute can be initiated against it.

Obligations of the performers of the research and other works

Article 80

If the occasion awakening and Istrana works in mining or during the execution of mining and other works comes to aquifer , except potpovrinskog aquifer , contractor works Duan is to immediately take measures to prevent pollution of underground water and that The Ministry and the Ministry responsible for geological exploration activities shall be informed about the aquifer and the measures taken .

If the Ministry inform the contractor that the water from the aquifer will not immediately use protects , performer of works is duan that of its triangular closed buotinu .

Wells and buotine with free emphasizing water must be equipped with devices to regulate highlighting water and anti- water from pollution .

Providing minimum sustainable flow

Article 81 .

When abstraction of water from the water streams or reservoirs, must be downstream of the water procedure provide these minimum the sustainable flow rate, taking into account, in particular: a hydro-mode streams and characteristics of the stream from the point of binding water and water protections , State aquatic and coastal ecosystems.

The minister and the minister competent for activities to keep you protected environment closer to prescribe the manner and criteria for determining an minimum odrivog flow .

4.2.2.2. Using water for irrigation

Conditions for using water

Member 82 .

The use of water for irrigation of agricultural or other land shall be carried out in accordance with the conditions established by the water permit, and if the use of water for irrigation is done on the basis of the concession, and in accordance with the contract regulating the concession.

Water quality

Article 83

The water that is used for irrigation of agricultural crops must meet the requirements in terms of quality, taking into account the type zemljita, mode of irrigation, as well as agricultural crops.

Minister b lie regulation uje conditions in terms of quality and water referred to in paragraph 1 of this Article.

4.2.2.3. Using water power

Terms of use

Article 84

Binding of water power for production of electric energy or the drive unit power water boiling in accordance with the conditions laid down in the water permit, and if the Binding boiling water power under concession, in accordance with the contract governing the concession .

Design and construction of facilities and devices

Article 85

Design and from the construction of facilities and equipment for Binding water sn and by boiling it so that:

1) allow water to be returned to water or other surface water, after the use of energy ;

2) it does not diminish the existing volume and does not prevent the use of water to supply the population and other users with drinking water, irrigation and other purposes, in accordance with this Law ;

3) Do not reduce the level of protection against harmful effects of water and does not impair the implementation of measures and protection ;

4) they do not deteriorate the conditions of sanitary protection and do not adversely affect the state of the environment;

5) provides them the Multifunction about Binding, with the aim of compulsory anti- flood .

4.2.2.4. Using water for navigation

Article 86

Water for navigation may be used under conditions determined by this Law and by a special law.

4.2.2.5. Using water for fish farming

Article 87

The use of water for fish farming in the pond shall be carried out in accordance with this Law and a special law.

Hot water fishponds can not be built in places where they are located or are planned groundwater sources, or on which the construction of water bodies for protection against the harmful effects of water is planned .

It is forbidden to cage fish farming in reservoirs and which a case and as a source for the supply of water .

The pouring of reservoirs and canals is done in such a way that the prescribed water quality and the survival of aquatic ecosystems are not compromised.

P flat , or natural person who is stocking reservoirs and channels jeopardize lo prescribed water quality and survival of aquatic ecosystems, bear the costs of returning to the good status of surface-water.

4.2.2.6. Use of water for sports, recreation and tourism

Article 88

K orićenj e water sports, recreation, including swimming and tourism screaming in accordance with this Law and special laws.

On accumulations for water supply, the use of a floating object with internal combustion engines is prohibited.

4.2.3. Exploitation of river deposits

The right to exploit river deposits

Article 89

Exploitation of river deposits is carried out from aquatic soil, at sites where it is of interest for preserving or improving aquatic conditions, to the extent that it will not impair water regime , the existing exploitation of groundwater, the stability of the coast And the natural balance of aquatic and coastal ecosystems .

The right to exploitation of river deposits is obtained by water consent, and if the exploitation of river deposits is based on the concession, and in accordance with the contract regulating the concession.

With the application for issuing a water consent, the following shall be submitted:

1) project exploitation river sediment;

2) soaping public water management companies to the exploitation project river sediment;

3) the opinion of the competent authority for navigation on inland waterways, when the exploitation of river deposits takes place on the waterway;

4) in the case of the exploitation of river sediment agricultural zemljita, the approval of the Ministry of the territory of AP agree nadlenog provincial bodies;

5) evidence of the right of ownership, or the right to use aquatic land, from which exploitation is carried out;

6) a copy of the lot;

7) act of the competent authority on the approval of the study on the environmental impact assessment, or the act of the competent authority which determines that no environmental impact assessment is required.

Obligations of the person performing the exploitation of river deposits

Article 90

The rule of lic e or entrepreneur moe that exploits river sediment if it is registered in the register of such activity.

The person referred to in paragraph 1 of this Article is obliged to:

1) line and a record of exploitation of river sediments, which in particular contains information on the location, type , quantity and the manner of exploitation of river sediments;

2) The data referred to in item 1) of this paragraph delivery mound Ministry, in the autonomous province of the competent authority of the autonomous province and the Public Water Management Company, no later than the 5th of the month for the previous month .

Prohibition of exploitation of river deposits

Article 91

The Minister shall prohibit the exploitation of river deposits if:

1) on the section of watercourse mining application or may be caused by an abnormality of the water regime;

2) there has been a disturbance of the stability of the riverbed or aquatic soil;

3) Loss of environmentally good status.

The decision referred to in paragraph 1 of this Article is finally in the administrative procedure and an administrative dispute can be initiated against this decision.

4.3. Protects water from pollution

4.3.1 Concept and emission limit values

The term

Article 9 2 .

Protection of water, in the sense of this Law, is a set of measures and activities for which the quality of surface and groundwater is protected and improved, including from the impact of cross-border pollution, for:

1) preservation of life and health;

2) reduction of pollution and prevent further deterioration of water status;

3) ensuring unhindered and unhindered use of water for different purposes;

4) protect the aquatic and coastal ecosystems and achieve environmental quality standards in accordance with the regulations governing the protection of the environment and the environmental objectives.

Emission limit values

Article 93

In order to prevent deterioration in water quality and the environment, emission limit values ​​for certain groups or categories of pollutants are determined, for :

1) Technological wastewater prior to their discharge into the public sewage system;

2) Technological and other wastewaters directly discharged into the recipient;

3) waters that are discharged from the public sewage system to the recipient after the interruption;

4) wastewater discharged into the recipient from septic and collecting pit.

The government , on the proposal of the Minister nadlenog Affairs tamper environment, determines:

1) the emission limit values ​​referred to in paragraph 1 of this Article, as well as the deadlines for reaching them;

2) limit values ​​of pollutants in surface and groundwater and sediment, including priority and priority hazardous substances in surface waters and deadlines for reaching them.

4.3. 2. Planning water protection

Plan water from pollution

Article 9 4 .

Water protection is carried out in accordance with the plan for protecting water from pollution.

The plan for protecting water from pollution shall contain in particular: measures for controlling, preventing, interrupting and reducing the intrusion into the surface and groundwater of hazardous substances; Measures to prevent the ingestion and disposal of waste and other substances in areas where this may affect the deterioration of water quality; Measures for wastewater treatment; Measures to prevent and control the enumeration of bulk pollution, to prevent their impact; Measures to protect aquatic ecosystems and other ecosystems that are directly dependent on aquatic ecosystems of hazardous and priority substances, including priority hazardous substances; Manner of implementation of intervention measures in certain cases of pollution; Bodies and legal persons who are obliged to implement certain measures and works; Deadlines for reducing water pollution; Measures needed to protect and improve water quality.

An integral part of the plan referred to in paragraph 1 of this Article shall be the classification of water bodies of surface and groundwater established in accordance with this Law.

The plan referred to in paragraph 1 of this Article must be in accordance with the Strategy and the water management plan.

Getting a plan

Article 9 5 .

The plan for protecting water from pollution is adopted by the Government at the proposal of the Ministry for a period of six years.

The Ministry shall, every two years, counting from the date of adoption of the plan to protect the water from pollution from paragraph 1 of this Article, submit a report to the Government on the execution of that plan.

Coordination of plans

Member 96 .

The plan for pollution of water from pollution and the water protection action plan issued by the ministry responsible for environmental protection are mutually consistent.

4.3.3. Prohibitions and Obligations of Pollutants

 

Article 62

In order to prevent and eliminate the harmful effects of erosion and torrents , preventive measures are carried out , and water facilities for protection against erosion and torrents are constructed and maintained and are carried out by protective works.

Preventive measures are considered in particular:

1) prohibited actions: desertion, shrinkage and clean cutting; Surface degradation; Uncontrolled digging and plowing of meadows, patches and unprocessed surfaces, for the cultivation of one-year crops; Accumulation of resources and uncontrolled collection and discharge of these waters; Long-term storage of solid materials; Construction of facilities without proper planning and project documentation; Exploitation of river deposits from the bottom or slopes, except for the needs of ensuring the permeability of the flow of torrents; Construction of facilities that could endanger the stability of the land (waterfalls, dams, canals, fishponds and the like); Other actions that promote erosion and the creation of torrents;

2) use of agricultural and other land in accordance with the requirements of anti-erosion regulation of the land.

Protective works, in the sense of this Law, are considered biotechnical and biological protective works, as follows: commemoration; Cultivation and preservation of protected vegetation; Contraction of plants; Zapravljanje; Terraces, raising orchards and fruit meadows; Melioration of the parsley; Cleaning of troughs and other similar works.

Preventive measures and protective works referred to in paragraph 1 of this Article shall be carried out by the local self-government unit in accordance with the water management plan.

Providing funds for works and measures

Article 63

If torrential currents and strong erosion processes endanger settlements, industrial plants, main and regional roads and melioration systems, or if they are spreading in the territory of two or more units of local self-government, facilities for construction of buildings and execution of works and measures for The damage caused by the erosion and torrential effects is provided by local government units and the Republic of Serbia , and in the territory of the autonomous province, the units of local self-government and the autonomous province.

Obligation to carry out works and measures

Article 64

If water acts for the construction of a building require the execution of works and measures for protection against erosion and torrents, the legal entity that builds this facility is obliged to carry out those works and measures in the manner prescribed by the technical documentation before obtaining the operating permit for that facility .

Observation and measurement

Article 65

The Republic of Serbia provides observation and measurement of natural phenomena related to the protection of the harmful effects of waters.

The observation and measurement referred to in paragraph 1 of this Article shall be carried out by a republic organization responsible for hydrometeorological operations and other legal entities specified in the operational plan.

Data on observations and measurements of natural phenomena referred to in paragraph 1 of this Article are public.

4.2. Arranging and using water

4.2.1. Water regulation

Article 66

The regulation of waters, in the sense of this law, is a set of measures and works on the preservation and regulation of water quantities, which are:

1) provides quantitative, spatial and time distribution of water for drinking water supply to residents, industry and other users;

2) Provides a good state of aquatic and coastal ecosystems;

3) increases the amount of water in the water courses during the low water period;

4) provide conditions for special use of water.

4.2.2 Use of water

General use of water

Article 67

General use of water means the use of water without prior treatment, that is, without the use of special devices (pumps, straps, etc.) or the construction of water objects, for:

1) pić e;

2) cattle feeding in the household;

3) sanitary and hygiene needs;

4) Recreation , including swimming;

5) fire extinguishing;

6) navigation.

According to the previously obtained opinion of the public water management company, the organ of the local self-government unit determines the place and method of using water for the purposes referred to in paragraph 1, item 4) of this Article.

Special use of water

Article 68

Any use of water that does not represent general use of water is a special use of water.

The right to special use of water is obtained through a water permit, and if special use of water is performed on the basis of the concession, and in accordance with the contract regulating the concession.

Temporary limitation of the right to special use of water

Article 69

The Ministry, and in the territory of the Autonomous Province, the competent authority of the Autonomous Province, may temporarily restrict the right to special use of waters:

1) If the natural phenomena jeopardize the provision of the amount of water or Ugro its quality, the balance of the natural aquatic ecosystem and coastal or reduced security against harmful effects of water;

2) in the case of greater damage to water bodies, which requires their reconstruction;

3) if water is not used rationally and economically, in accordance with the concession contract, or water permit;

4) if the use of water results in its pollution and endangerment of water and coastal ecosystems;

5) In other cases, resulting in a lack of water or reduced safety against the harmful effects of water.

Status of buildings after the cessation of the right to special use of water

Article 70

The holder of the right to special use of waters is obliged, after the termination of this right, to remove objects built for the purpose of exercising this right, at its expense, within one year.

If the holder of the right does not remove the facility within the deadline referred to in paragraph 1 of this Article, his removal shall be carried out by a public water undertaking , at the expense of the person referred to in paragraph 1 of this Article.

If the facility referred to in paragraph 1 of this Article can be used to protect against harmful effects of water, use of water, protection of water quality or preservation of ecosystems, it becomes a public property.

In the case referred to in paragraph 3 of this Article, the Ministry, and in the territory of the autonomous province, the competent authority of the autonomous province, is obliged to notify the holder of that right of possibility 30 days before the expiration of the right to special use of water acquired on the basis of a water permit. The use of that facility for the purposes referred to in paragraph 3 of this Article, thereby terminating its obligation to remove that facility.

Purpose, conditions and priorities in the use of water

Article 71

K orićenje water , in terms of this law, includes Binding:

1) surface and ground water for supplying drinking water, sanitary and hygiene needs, for industry and other purposes;

2) water for irrigation ;

3) water power for electricity production and device operation;

4) water for fishponds;

5) water for navigation ;

6) water for sport , recreation and tourism.

K orićenje water referred to in paragraph 1 of this Article screaming in accordance with this Law and special laws.

Water must be used rationally about and economically on.

Each user is Duan that the water used in a way that m is not denied the right Binding water to other persons and not ugroavaju objectives environment.

Binding water to supply the population with water for drinking , sanitary about -higijenske needs , supply of cattle and the defense of the country has priority over Binding water for other purposes .

4.2.2.1. Water supply

Binding of water suitable to drink

Article 72

Underground water with the quality of the god nim for drinks and water from public sources used only for : supply of water the population , sanitary about -higijenske needs , supply of cattle , for the purposes of the n dustry which requires high quality water ( food , pharmaceutical and Dr. atmosphere ) And the needs of small consumers (below 1 l / s) .

The waters that are the water management plan specific to drink do not can be used for other purposes , except for fire extinguishing, even in a way that would adversely impact on the amount and properties of water .

Identification of water bodies and their protection

Article 73

In order to permanently ensure the conditions for using water and to safeguard its quality, a public water utility company is obliged to identify in each water area water bodies of underground and surface waters that are used or can be used for human consumption in Future, in an average quantity of water greater than 10 m ³ / day or for supplying drinking water to more than 50 inhabitants.

The areas on which there are water bodies referred to in paragraph 1 of this Article shall be pins of deliberate or accidental pollution and other influences which may adversely affect on the betrayal sources and to the health correctness of water .

Areas referred to in paragraph 1 of this Article shall be entered in the register of protected areas.

The obligation to control the quality and quantity of water

Member 74 .

A public enterprise, or other legal person performing water supply operations, is obliged to:

1) Place the device and provide continuous and systematic registration of water quantity and water quality testing on the water ;

2) take measures for ensuring health safety of water for drinking and maintain the hygiene of the house;

3) p reduction measures to ensure the technical correctness of the device .

The legal person, that is, the entrepreneur who uses water in the process of work or production, is obliged to ensure constant and systematic registration of the quantity of water.

Face from st. 1. and 2. of this Article, it is imperative that the data on the measurements of the quantity and quality of water on the water supply be submitted to the Ministry and the public water management company, at least once a year.

The public water supply company shall enter the data referred to in paragraph 3 of this Article into a water information system.

Healthy water quality and hygiene maintenance in the facility

Article 75

The water that is used for drinking , for the production and processing of food and items of general use, sanitary – hygienic needs and bathing must meet the requirements in terms of safety.

The water facility for the supply of drinking water and sanitary and hygiene needs and its immediate surroundings must meet the special sanitary and hygienic conditions with regard to the construction and maintenance of hygiene in the facility in order to prevent the formation and suppression of pathways for the transmission of infectious diseases with water, In accordance with this and other law.

The Minister in charge of health matters prescribes the conditions regarding the health safety of water referred to in paragraph 1 of this Article and the  sanitary and hygienic conditions with regard to the construction and maintenance of hygiene in a water facility referred to in paragraph 2 of this Article.

Water bodies and sources for regional drinking water supply

Article 76

Water bodies, respectively and zvorita which serves the regional supply of water for drinking are good opteg of interest.

The water bodies and borders and bears referred to in paragraph 1 of this Article shall be determined by the Government.

The sources referred to in paragraph 1 of this Article shall be entered in the public register of the register of immovable property and the rights thereon.

Article 40

In order to achieve the objectives set by the Strategy, the water management plan for water areas referred to in Article 27, paragraph 1, item 1), 3) and 4) of this Law and the water management plan for the Danube River Basin, the Government, upon the proposal of the Ministry, shall adopt a program of measures.

In order to achieve the objectives set by the water management plan for the water area referred to in Article 27, paragraph 1, item 2) of this Law, with the previously obtained approval of the Ministry, the competent body of the City shall adopt a program of measures.

In order to achieve the objectives set out in the water management plan for water areas referred to in Article 27, paragraph 1, item 5), 6) and 7) of this Law, with the previously obtained approval of the Ministry, the competent authority of the Autonomous Province shall adopt a program of measures.

The program measures from st. 1, 2 and 3 of this Article shall contain in particular the following measures:

1) water flow regulation and protection against harmful effects of water;

2) landscaping and use of water;

3) protection of water.

Measures relating to the regulation of watercourses and protection against the harmful effects of water are measures that refer to:

1) water management and flood protection a ;

2) protection against erosion s and torrent and ;

3) protection from inland water;

4) The volume of construction of water facilities and the priorities for their implementation are required .

Measures related to the regulation and use of water are measures related to:

1) preservation of water, including rate control of the water volumes;

2) Metal enrichment or increase in the volume of undergrounds issued, including measures to control the quantities and quality of the water used for this purpose;

3) ensuring that the hydromorphological conditions of water bodies are in line with the achievement of the required ecological status or good ecological potential of ethereal and substantially altered water bodies;

4) rational and economically profitable use of water;

5) recovery of water use costs .

Measures related to water protection are measures:

1) which has the quality of water and improves the protection , including additional measures to achieve the goals set in the;

2) which are established regulations in the field of art security environment and a healthy mound ;

3) determined by regulations in the fields of agriculture, fisheries and others.

In addition to the measures referred to in paragraph 4 of this Article, the program measures may contain other measures, which ensure the reduction of adverse impacts on waters and aquatic and coastal ecosystems, encourages rational use and protection of water, Expert, scientific and research work in the field of water and other.

The bodies that adopted the program of measures shall review it and, if necessary, revise every six years, counting from the date of its adoption.

A special water management plan

Article 41

For the implementation of the Strategy, in addition to the water management plan, for specific water management issues or for sub-basins referred to in Article 27 of this Law, as a part of the water area, a special water management plan shall be adopted, which shall contain in particular: the reasons for the adoption , The area covered, the layout of the works and measures from the water management plan, part of which is covered by a special plan, more detailed analyzes and proposals of works and measures for which a special plan is being implemented.

For sub-basins located on the territory of two water areas, a special water management plan is adopted.

The Government, in the territory of the Autonomous Province, shall be the competent authority of the Autonomous Province, and in the territory of the City of Belgrade, the competent body of the City shall adopt a special plan from Art. 1 and 2 of this Article for a period of six years.

A special water management plan is prepared by a public water supply company.

A special water management plan must be in accordance with p Article managing water in the water area where the aquifer, or sub-basin is located.

The Minister shall prescribe the contents of the plan referred to in paragraph 1 of this Article.

3.3. Annual Water Management Program

Article 42

The annual water management program (hereinafter: annual program) is a planning document defining water facilities, type and scope of works , or operations financed in the period for which the annual program is adopted, the amount of funds for the realization Works or jobs, the amount of participation and other issues related to the construction, reconstruction, rehabilitation and maintenance of water facilities and for carrying out activities that, in the sense of this Law, are considered to be of general interest.

The annual program must be in accordance with the Water Management Strategy and Plan.

The Government, in the territory of the Autonomous Province, is the competent authority of the Autonomous Province, and in the territory of the City of Belgrade, the competent body of the City shall adopt the annual program .

4. Water activity

The term

Article 43

Water activity is a business of general interest.

Water activities include:

1) water flow regulation and protection against harmful effects of water;

2) Arrangement and covers e it is water;

3) protecting water from pollution .

Water activities are carried out in a way that ensures sustainable use of water, protects and improves aquatic and coastal ecosystems, reduces adverse impacts of floods, and reduces the harmful effects of global climate change.

4.1. Editing of watercourses and protection against the harmful effects of water

4.1.1. Editing the watercourse

Article 44

The regulation of watercourses, for the purposes of this Law, includes :

1) the construction and maintenance of water facilities for regulation of watercourses;

2) works to maintain the stability of Banks and bottom streams and increase or maintain the bandwidth for its water, ice and drift .

4.1.2. Protection against harmful effects of water

Protection against harmful effects of water and risk management

Article 45

Protection against the harmful effects of water includes measures r a dove for protection against flood water the external and internal (hereinafter referred to as a protection against floods) and ice, protection from erosion and torrent control and recovery Such action water .

The Republic of Serbia, the autonomous province and the local self-government units provide protection against the harmful effects of water, in accordance with this Law and special laws.

Risk management from the harmful effects of water includes: elaboration of a preliminary flood risk assessment, development and implementation of flood risk management plans, general and operational plans for flood protection, implementation of regular and emergency flood protection, implementation of ice defense on watercourses and Protection from erosion and torrential.

Finno on areas e

Article 46

In order to protect against the harmful effects of water, they are identified in the following areas:

1) area affected by floods (hereinafter: flood area);

2) an area that is due to erosion Ugro line a (hereinafter referred to as erosion area ).

Preliminary assessment of flood risk

Article 47

Preliminary assessment of flood risk is made for the territory of the Republic of Serbia and includes:

1) maps of aquatic areas in the appropriate scale, with the boundaries of the sub-basins, with a map showing the topography and how to use the land;

2) a description of flooding from the past that have had significant detrimental effects on human health, environmental effects, cultural heritage and economic activity and the likelihood of similar events in the future, which could have similar consequences;

3) an assessment of the potential consequences of future floods on human health, environment, cultural heritage and economic activities, taking into account topographic, hydrological and geomorphological characteristics and the location of watercourses, including flood areas, effect The existing flood protection facilities, the location of settlements and industrial zones, long-term development plans and climate change from impacts on the occurrence of floods.

The preliminary assessment of the flood risk is made by the Ministry.

The review, and, if necessary, the revision of the preliminary risk assessment of the floods is carried out by the Ministry, after the expiration of six years from the date of its elaboration.

The Minister shall establish a methodology for the preparation of a preliminary flood risk assessment.

Maps of vulnerability and flood risk maps

Article 48

A map of vulnerability and a flood risk map is developed for flood areas where there are significant flood risks.

Map ugroenosti flood contains information about granic s floodplains for floods of different return period , depth or level of water and, if necessary, the speed or flow of water.

The flood risk map contains data on the possible harmful effects of floods on human health, the environment, cultural heritage, economic activity and other information of importance for managing the risk of floods.

The map of vulnerability and map of the flood risk is made by a public water supply company.

Reviewing, and, if necessary, revising the map of vulnerability and flood risk maps, is carried out by a public water undertaking, after the expiration of six years from the date of their elaboration.

The boundaries of flood areas are also included in the spatial (spatial plan of the local self-government unit) and urban (general and regulatory) plans , and cadastral plots in these zones are managed in the water information system.

The Minister shall determine the methodology for drawing up the tickets referred to in paragraph 1 of this Article.

Flood risk management plan

Article 49

The Flood Risk Management Plan provides risk management by reducing the possible consequences of floods on human health, the environment, cultural heritage and economic activity.

The plan referred to in paragraph 1 of this Article shall be adopted for the territory of the Republic of Serbia and for water areas .

The plan referred to in paragraph 1 of this Article shall be prepared on the basis of a map of vulnerability and flood risk map, according to the methodology that contains: the objectives of flood risk management and measures for their achievement, priorities and manner of implementation of the flood risk management plan; Legal entities and funds necessary for the implementation of the flood risk management plan, the manner of harmonization with the water management plan and the inclusion of the public.

Drafting the p linen management of flood risks

Article 50

The flood risk management plan shall be adopted according to the procedure and manner of adoption of the water management plan.

Reviewing and updating the p linen management of flood risks

Article 51

Reviewing and updating the p linen management of flood risks for the territory of the Republic of Serbia boiling Ministry for Water on the field of public water management company, after the expiration of six years from the date of drafting the.

The adoption of the revised flood risk management plan is carried out in accordance with the procedure for adoption of the flood risk management plan .

4.1.2.1. Protection against the floods

Measures and works

Article 52

For the protection of floods, planning, construction, maintenance and management of water facilities for flood protection, watercourse management and other works and measures are provided, implementation of flood protection and rehabilitation of flood consequences.

The measures and works referred to in paragraph 1 of this Article may also be carried out outside the perilous area if this reduces the harmful effects of waters.

Merama and works from st. Clauses 1 and 2 of this Article shall not undermine the conditions for flood protection downstream and upstream of the place where the measures and works are undertaken.

Flood defense

Article 53

The flood defense includes the defense of large waters (external and internal) and ice damage.

The flood defense can be regular and extraordinary.

The flood defense is proclaimed :

1) in the river section , when the water level reaches the limits prescribed by the operational flood defense plan, and a further increase in water levels is expected, or when protective facilities are endangered due to long-standing water levels ;

2) in the land reclamation area , when the method of operation of the drainage system has been established, the flooding of the land reclamation area or its part can not be prevented , and the criteria and conditions established by the operational plan have been met ;

3) If, on the basis of the creation, launching and accumulation of ice on the watercourse, objects on the watercourse and the coastline are endangered.

Flood protection organizes and implements on the waters of the first order and on drainage systems in public ownership a public water supply company, and on the waters of the 2nd line of local self-government units , in accordance with the general plan for flood protection and the operational plan for flood protection .

General plan for flood defense

Article 54

The general plan for flood protection (hereinafter: general plan) is adopted for water lines I and II and for inland waters.

The General Plan referred to in paragraph 1 of this Article shall be prepared by the Ministry, and adopted by the Government for a period of six years.

The general plan contains in particular : measures that must be taken preventively and in the period of large water intake (external and internal); The method of institutional organization of the flood defense; Duties, responsibilities and powers of defense managers, institutions and other persons responsible for the protection of floods, ice and flooded inland waters; Method of observation and recording of hydrological and other data ; Forecast of occurrence and informing.

The general plan is submitted to the ministry responsible for internal affairs.

Operational plan for flood defense

Article 55

The Operational Plan and Plan for the Defense of Floods (hereinafter: Operational Plan) is adopted for:

1) water of row and inland waters;

2) water of the 2nd order .

The operational plan referred to in paragraph 1, item 1) of this Article shall be drafted:

1) for waters of the 1st order , in water areas , and includes watercourses where protective water facilities exist, as well as movements of watercourses where these facilities do not exist, if the waterway can be timely carried out by flood defense and That this is technically and economically justified;

2) for inland waters, in the land reclamation areas on which the inland waterway systems have been built.

The Operational Plan referred to in paragraph 2 of this Article shall contain in particular :

1) For Water Levels : data required for the effective implementation of the flood defense, including the name of the sector and sections, protective facilities, flood areas, relevant water meters, criteria for declaring regular and emergency flood protection, names Flood defense managers, flood defense plans, the name of legal entities that carry out flood protection, and other information of importance for the operational implementation of the defense, as well as measures for the defense against ice ;

2) Internal water : melioration area, names of responsible persons , drainage system facilities, criteria and conditions for declaring regular and emergency water protection .

The operational plan referred to in paragraph 2 of this Article shall be prepared by a public water undertaking, in accordance with the general plan, and adopted by the Ministry of the Territory of the Republic of Serbia no later than 31 . December of the current year for the next year.

The Operational Plan for the waters of the second order is passed by the competent authority of the local self-government unit, with the obtained opinion of the public water management company.

The operational plan referred to in paragraph 5 of this article shall contain in particular : data necessary for the effective implementation of the flood defense, criteria for declaring flood protection, the names of managers and the name of the flood defense entities, the manner of alerting and informing.

The operational plan is also made by legal entities whose property is endangered and flooded.

Operational plan from st. 5 and 7 of this Article shall be adopted, in accordance with the general plan and operational plan for waters of the Republic of Macedonia , for a period of one year, at the latest 30 days from the day of adoption of the operational plan for water and order.

The operational plans referred to in paragraph 1 of this Article shall be submitted to the ministry competent for internal affairs.

The obligations of a legal entity used by dams with reservoirs and the retention ba shadows

Article 56

A legal entity that uses dams with accumulation and retention basins is obliged to keep it and use it in such a way as to ensure acceptance of flood waves .

A person referred to in paragraph 1 of this Article Duno is that, in the period out of a flood, delivered republican organization nadlenoj for hidrometeoroloke affairs , public water management company and face specific operational plan for the defense of the d floods, position data and The level of accumulation basins per week, in the period of regular and emergency flood protection on a daily basis .

Temporary traffic ban

Article 57

In the event of floods minister competent and n of transport , the minister, moe to ugroenom area temporarily prohibit road, railroad or water transport.

The Ministry of Internal Affairs shall be notified of the temporary ban referred to in paragraph 1 of this Article.

Construction of transport infrastructure facilities

Article 58

Traffic infrastructure facilities must be constructed such that:

1) the ugroenim watercourse section representing a localization defense line;

2) create special cassettes which limit the impact of any breakthrough of the main protective water objects;

3) Do not disturb the flow of water, deposits and ice and respect the conditions of navigation.

Measures and works for breaking ice

Article 59

If , due to the accumulation of ice, creating ice barriers that can cause flooding or if due to start back in the rivers come, or may come to cover: damage of protective water structures and other structures in the riverbed and coastal Company deals with the m era and Ice breaking works , defined by the general and operational plan.

In order to protect from damage to bridges, passages through watercourses, waterways, vessels and other facilities and facilities, the owner or user of such facilities and facilities shall take measures and works referred to in paragraph 1 of this Article.

Dignity

Article 60

The person specified in the operational plan shall inform, in accordance with the law governing emergency situations, the competent authority on the need to declare an emergency situation if:

1) There is a danger that the announced hydrological situation significantly exceeds the conditions of emergency flood protection;

2) The state of protective water facilities and human and material potential are not sufficient for effective flood protection.

4.1.2.2. Protection against the harmful effects of erosion and torrential rains

Determination of the erosion area

Article 61

The erosion area, in the letter for its use and works and measures for protection from erosion and torrents, is determined by the local self-government unit.

The erosion area is determined on the basis of the following criteria: characteristics, intensity and categories of erosion, position and method of using the land.

The Minister shall prescribe the criteria for the determination of erosion areas.

Article 34

The water management plan for the Danube River Basin is prepared by the Ministry.

The Water Management Plan prepares:

1) for water areas referred to in Article 27, paragraph 1, item 1), 3), 4) and 7) of this Law; Public Water Supply Company Srbijavode ;

2) for water areas referred to in Article 27, paragraph 1, item 5) and 6) of this Law Public Water Company Vode Vojvodine </s>;

3) for the water area referred to in Article 27, paragraph 1, item 2 of this Law, Public Water Supply Company Beogradvode .

At the proposal of the Ministry, the Government adopts a water management plan for the Danube River basin and for the water areas referred to in Article 27 . Paragraph 1 point. 1), 3) and 4) of this Law.

The Executive Body of the Autonomous Province shall, upon the proposal of the competent authority of the autonomous province, with the approval of the Ministry, adopt the water management board for water areas referred to in Article 27 . Paragraph 1 point. 5), 6) and 7) of this Law .

The executive body of the city of Belgrade shall, upon the proposal of the competent body of the City, with the approval of the Ministry, adopt the water management plan for the water area referred to in Article 27 . Paragraph 1, item 2) of this Law .

Updating the water management plan

Article 35

Upon the expiration of a period of six years from the date of adoption of the management plan, its revision shall be made.

The amended plan referred to in paragraph 1 of this Article, in addition to the elements contained in the water management plan, shall contain:

1) a summary of the changes from the date of adoption of the updated water management plan, as well as the extension of the deadlines for reaching the environmental objectives;

2) assessment of progress in achieving the objectives of the environment, as well as cartographic presentation of monitoring results for the previous period and explanation for each of the goals that was not achieved;

3) reasons why the planned measures have not been taken;

4) view additional measures for achieving the objectives defined environment.

The plan referred to in paragraph 2 of this Article shall be adopted according to the procedure and manner of adoption of the water management plan.

Deviations from the established deadlines for the implementation of the water management plan

Article 36

If during the implementation of a water management plan , monitoring or otherwise found to be due to changes in water bodies caused by human activities or you will force e, for individual water bodies can not be on schedule and in a planned way to achieve objectives relating To achieve a good status or a good ecological potential, the authority responsible for the adoption of that plan shall establish the following measures:

1) examining the causes that led to such a situation;

2) review liked of the licenses issued in accordance with the law;

3) consideration of the monitoring program and boiling his shift;

4) Adopting additional measures to achieve the set goals.

The competent authority for the adoption of a water management plan , with the previously obtained consent of the Ministry and the ministry competent for environmental protection, may, in accordance with the procedure referred to in paragraph 1 of this Article, identify for each water body, To:

1) a longer deadline for achieving targets if the achievement of targets within the foreseen deadlines would be technically unfeasible, inadequately expensive, or natural conditions would not allow a timely improvement of the status of the water body;

2) temporarily not achieve good water status or good potential of environmentally, if the deterioration of conditions to determine due to natural disasters or more forces that could not be foreseen;

3) Determine less stringent objectives if the water body, due to human activity or natural conditions, has been so altered that the achievement of the set objectives would be unfeasible or inappropriate.

Less stringent objectives referred to in paragraph 2, point 3) of this Article shall not jeopardize the achievement of objectives relating to the good status of surface and groundwater and good ecological potential in other water bodies within the same water area or sub-basin.

Strategic assessment of the environmental impact

Article 37

For the Strategy , a water management plan and a special water management plan, a strategic environmental impact assessment is mandatory , in accordance with the regulations governing environmental protection.

He will publicize the preparation of a water management plan

Article 38

The Ministry, that is, the public water supply company that prepares the water management plan, is obliged to provide active participation of the public in the process of preparation and adoption of the plan.

The Ministry, or the public water supply company, in writing, informs the National Water Conference, through the public information media and the public about:

1) the beginning of the preparation or revision of the water management plan, at least three years before the beginning of the period to which the plan relates;

2) capable of making water management plan and major problems in the given catchment area, no later than two years before the start of the period to which the plan refers.

Upply of the beginning of preparing or amending water management plan involves framework contents of the plan, consultations to izvriti, terms of preparation and adoption of the plan and address nadlenog authority from whom they can obtain further information.

The Ministry, or a public water supply company that has prepared a water management plan, is obliged to publish the draft plan at least one year before the beginning of the period to which the plan relates.

The draft plan is publicly disclosed to the premises of the Ministry and the public water management company and on their website.

Procedure for remarks

Article 39

Remarks on documents that are published to the public shall be submitted to the Ministry, or the public water management company, within a period of six months from the day when these documents were placed for public inspection.

Ministry or the Public Water Management Company du but he that delivered remarks Consider and and that of those objections heard within 30 days from the date of their receipt.

Article 31

The Strategy is adopted by the Government at the proposal of the Ministry for a period of at least ten years.

After the expiration of six years from the date of the adoption of the Strategy, the solutions identified by the Strategy are reviewed and, if necessary, amended the basis, as well as amendments to the decisions contained in the Strategy.

The Ministry monitors the implementation of the Strategy and, if during the implementation of the Strategy, changes in circumstances are important, it proposes harmonization even before the expiration of the deadline referred to in paragraph 2 . Of this Article.

Mutual coherence

Article 32

Strategies and programs adopted at the level of the Republic of Serbia in spatial development, sustainable development, sustainable use of natural resources and goods, environmental protection and other strategic documents are mutually consistent.

3.2. Water management plan

Content Management Plan

Article 33

The water management plan in the water area is adopted in accordance with the Strategy for the Danube River Basin, as well as for water areas (hereinafter: water management plan). A special part of the water management plan for the water area referred to in Article 27, paragraph 1, item 3) of this Law shall be the water management plan for the part of the Aegean Sea basin referred to in Article 26, paragraph 1, item 2) of this Law, referring to Pčinja and Dragović .

The water management plan shall contain in particular:

1) a general description of the characteristics of the space referred to in paragraph 1 of this Article for which a water management plan is in place, including the production of maps with the indication of the position and boundaries of water bodies of the surface waters, the mapping of ecoregions and types of bodies of water And water maps and mapping with the indication of the position and boundaries of groundwater bodies;

2) a demonstration of the significant impacts of human activities on the status of surface and groundwater, including the assessment of pollution from concentrated and bulk pollutants, and the use of land use, the assessment of the pressure on the quantitative status of water and its capture;

3) Identification and mapping ugroenih areas;

4) map surveillance (monitoring) network cartographic presentation of results of observation that includes environmentally and chemical status povrinskih water and chemical and quantitative status of groundwater and zatićenih authorities, as well as deviations from the established deadlines for Implementation of a water management plan;

5) a list of environmental objectives for surface and underground waters and protected areas, including cases where the extension of the deadline for achieving the targets and the less stringent objectives of protection for certain water bodies apply;

6) water balance;

7) Identification of water bodies used for drinking water supply, in which the average water intake is greater than 10 m ³ / day, or serves to supply more than 50 inhabitants with drinking water, that is, Are planning for such use;

8) Identification of agglomerations larger than 2000 ES;

9) a summary register zatićenih area , the map on which a position of zatićenih wherein said area and the law according to which the area proclaimed as the pins ;

10) demonstration of the adopted program of works and measures and the manner in which the established objectives will be achieved in the field of protection against the harmful effects of water, water protection (including measures to stop the trends of permanent and significant deterioration of the status of underground Water and their reversal , Measures to protect the purpose of applying a lower degree of cross-fertilization in the production of drinking water, ban on introducing and controlling pollution emissions, prohibitions and cases for which direct pollution is permitted to groundwater, preventing and reducing the impact of accidental pollution Etc.) and water management and use (provision of drinking water and other needs, protection of sources intended for human consumption in the future, control over water capture and accumulation, including water use barriers, economic Prices of used water, etc.);

11) additional measures to achieve the stated environmental objectives;

12) a list of more detailed programs and management plans for individual sub-basins, issues or water types , including their contents;

13) review of the economic analysis of the use and protection of water and water protection, implemented with the application of the principle of payer usage and the polluter pays;

14) display priorities, dynamics and ways of securing funds for the realization of the foreseen works and measures, including the possibility that funds will not be provided for some of the envisaged measures;

15) Review of the undertaken measures of public information, their results and changes in the plan that resulted from them;

16) list of competent institutions in the field of water management, with spaces that include, responsibility, status;

17) procedures for obtaining basic documentation and information, in particular details on adopted control measures for concentrated sources of pollution and ensuring that the hydromorphological conditions of water bodies comply with the achievement of the required ecological status or good ecological potential in the code Veterinary and substantially altered water bodies, as well as details of monitoring data;

18) Review of obligations assumed under international and m agreements relating to water management and the manner of its achievement;

19) principles of establishing a water information system for water management in the water area or sub-basin .

Contents of the Strategy

Article 30

Strategies and water management in the territory of the Republic of Serbia (hereinafter: the Strategy) is a planning document that sets long-term directions of water management.

The strategy contains in particular:

1) assessment of the existing status of water management;

2) water management objectives and guidelines ;

3) measures for achieving the stated objectives of water management;

4) projection of water management development.

Assessment of the existing status of water management includes:

1) assessment of the state of water resources and water regime in the Republic of Serbia;

2) the existing state of water facilities and systems;

3) The current legal and institutional ordination in the field of water management.

The objectives and guidelines for water management are determined by:

1) objectives of water management and sustainable development;

2) guidelines for the maintenance of and improvement of the water regime;

3) Priorities for achieving water management objectives and water regime improvement, in line with sustainable development;

4) guidelines for Binding Water, Water-round protection, and protection against harmful effects of water, including when the sub-basin is the Flex water area;

5) guidelines for the implementation of international agreements related to water management;

6) The basic determinants of the monitoring and information system for achieving water management in the territory of the Republic of Serbia.

Measures to achieve the defined objectives of water management are:

1) planning and implementation plans;

2) method of financing;

3) preparing investments and investing;

4) maintenance of;

5) control.

The projection of the development of water management in the Republic of Serbia determines:

1) water needs and the ability to provide sufficient water quantity of a certain quality for different purposes;

2) Water Framework Balance;

3) activities, means and deadlines for reaching the objectives referred to in paragraph 2, item 2) of this Article, in the use of water, to protect water and protect against the harmful effects of waters and priorities;

4) financing of construction and reconstruction will water facilities and systems, and other activities of interest opteg of importance for the Republic of Serbia, autonomous province and local government;

5) measures of economic policy, funding and investment dynamics for achieving the stated objectives of water management;

6) the necessary professional and other capacities to achieve stated objectives of water management;

7) other measures for achieving the stated objectives of water management.