Author: advokatska

Unique water space

Article 26

The territory of the Republic of Serbia represents a unique water space for water management and includes:

1) part of the Black Sea basin – the Danube River Basin ;

2) part of the Aegean Sea basin – sub-basin’s mouth, Lepenac and Dragovitice;

3) part of the basin of the Adriatic Sea – the White Drin basin and sub-basin of Plav River.

The Sava River Basin includes the sub-basin of the Sava, Drina and Kolubara, a sub-basin of the Tisza, a sub-basin of Velika, May and West Morava with Ibro, sub-basin Tamiai other watercourses of Banat, a part of the immediate catchment area of the river Danube, the Mlava, Pek, Porec river and Timok On the territory of the Republic of Serbia.

The Ministry, and in the territory of the Autonomous Province, the competent authority of the autonomous province determines the boundaries of the sub- branches referred to in paragraphs 1. and 2. of this Article.

Water areas

Article 27

Water areas on the territory of the Republic of Serbia are:

1) the aqueous region of the suture;

2) the water area of Belgrade;

3) Morava water area;

4) water area of ​​Donji Dunav;

5) water area Srem;

6) an aqueous Backa and Banat;

7) The water area of ​​Kosovo and Metohija.

The Sava water area includes a part of the Sava sub-basin with Kolubara and Drina, outside the territory of AP Vojvodina and the territory of the city of Belgrade.

The Belgrade water area encompasses a part of the River Danube River Basin, a part of the subsoil of Sava and parts of the sub-basins of watercourses located within the administrative boundaries of the city of Belgrade.

The Morava water area includes the sub-basin of the Great Morava River without the territory of the city of Belgrade and parts of the sub-basins of the Western Morava and the Southern Morava.

The waters of the Morava are also connected with the sub-basins of Pčinja and Dragovićnica.

The Lower Danube water area includes the right bank of the Danube downstream from the territory of the city of Belgrade, with the subsoils of Mlava, Peka and Poreč river and part of the subsoil of the river Timok on the territory of the Republic of Serbia.

The water area of ​​Srem includes a part of the Danube river basin and part of the sub-Sava river on the territory of AP Vojvodina.

The water areas of Backa and Banat include a part of the river Danube River Basin, including parts of the sub-basins of Tisa, Tamići and other Banat watercourses in the territory of AP Vojvodina.

The water area of ​​Kosovo and Metohija includes the river basin Beli Drim and parts of the sub-basins of the Western Morava and the Southern Morava in the territory of AP Kosovo and Metohija.

The watershed area of ​​Kosovo and Metohija also includes the sub-basins of the Plavska and Lepenac rivers (part of the international water area of ​​the river Vardar, located in the territory of AP Kosovo and Metohija).

Water areas referred to in paragraph 1 point. 1) to 6) of this Article are part of the international water area of ​​the Danube, except Pčinja, which is part of the international water area of ​​the Vardar and Dragovica rivers, which is part of the international water area of ​​the river Struma.

At the proposal of the Ministry, the Government shall determine the boundaries of the water areas referred to in paragraph 1 of this Article.

Melioration area

Article 28

The land reclamation area is part of the water area where the water drainage and irrigation systems are regulated by the river water system and are improving the conditions for its use.

The land reclamation area includes :

1) agricultural, forestry and construction land, land under roads and other land from which drainage systems allow for better and better drainage of dry water;

2) agricultural, forestry and construction land, land under roads and other land from which water is connected to land that is protected from drainage water by drainage systems;

3) agricultural, forestry and other lands for which irrigation systems are supplied with water for irrigation.

The Ministry, and in the territory of the autonomous province and the city of Belgrade, the competent authority of the autonomous province, or the city of Belgrade, determines the land reclamation area and its borders .

3 . Planning documents for water management

Types

Article 29

Planning documents for water management are:

1) Water management strategy on the territory of the Republic of Serbia;

2) water management plan;

3) annual water management program;

4) Plans to regulate the protection of the harmful effects of water, such as: flood risk management plan, general and operational plan for flood protection, as well as plans for water protection (plan Protect water from pollution and monitoring program).

Article 19

Water facilities for collecting, draining and discharging waste water and protecting waters are: main collectors, wastewater treatment plants, waste sludge processing plants, solid waste treatment plant treatment plants, drains from the plant in Receiver (receiver) and other associated devices, as well as dams with accumulations to improve water quality.

Water monitoring facilities

Article 20

Water facilities for water monitoring are: limnigrafi, water meters, water meters, special toppings, pedestrians buyers, levelers and other devices that collect data on the state of the level, quantity and quality of surface and groundwater.

Construction, maintenance and registration of public books

Article 21

Construction and maintenance of water facilities shall be carried out in accordance with this Law and special laws.

Water facilities are entered in public books on the register of real estate and rights on them.

Rehabilitation of a water facility

Article 22

If you are on the water structure in public ownership, in addition to the water facility for water monitoring, damage caused to the actions of the legal or natural person, market hinges rehabilitation of water structure borne by that person.

If the person referred to in paragraph 1 . Of this Article shall not execute the rehabilitation, shall be executed by a public water undertaking established for carrying out aquatic activities in a given territory , at the expense of that person.

Water management

Article 23

A public water utility established for the purpose of performing aquatic activities in a given territory (hereinafter: a public water undertaking) manages water facilities for watercourse management and for flood protection on water and water and drainage facilities, which are publicly owned and caring Their intended use, maintenance and preservation .

In addition to the facilities referred to in paragraph 1 of this Article, Public Water Management Company manages the dams with reservoirs, locks on the canals and irrigation systems, in addition to facilities which and are legal entities built for themselves.

Water facilities for the regulation of watercourses and flood protection in the waters of the second order, the facilities for protection from erosion and floods, which are publicly owned, are managed, taking care of their intended use, maintenance and preservation of local units Self-government on whose territory the facility is located.

A legal entity, entrepreneur and a natural person who has built water facilities for their own needs is obliged to manage and maintain them in accordance with this Law and special laws.

The minister shall prescribe the method of maintaining water facilities from paragraph 1, 2 and 3 of this Article.

IV. INTEGRAL MANAGEMENT OF WATER

1. Concept, competence and principles

Concept and competence

Article 24

Integrated water management (hereinafter: water management), under this Act, makes a set of measures and activities aimed at improving and maintain the water regime , providing the required quantities of water of the required quality for times Different purposes, anti- water from Pollution and protection against the harmful effects of water.

Water management is under the jurisdiction of the Republic of Serbia.

The Republic of Serbia realizes water management through the Ministry and other competent ministries, autonomous province authorities, local self-government units and public water management companies.

Principles

Article 25

Water management is based on:

1) the principle of sustainable development – water management must take place so that the needs of current generations are met in a way that does not jeopardize the ability of future generations to meet their needs, that is, the use of water-based On long-term protection of available water resources, in quantity and quality;

2) n with: the integrity – the process and the yield and, which is a significant component of water , and the linkage and interdependency of aquatic and coastal ecosystems , must travel ;

3) the principle of the unity of the water system – the management of waters within a single water area must be in accordance with the development of the Republic of Serbia in order to achieve maximum economic and social effects in a fair manner and with the acceptance of international agreements;

4) the principle of ensuring protection against the harmful effects of water – the population and its property must be protected from water, while safeguarding the legality of natural processes and the protection of natural values, as well as the economic justification of this protection Tite;

5) the principle of payer usage – anyone who uses a water well and a water facility, that is, a water system, as well as a general interest, is obliged to pay the real price for its use;

6) the principle of polluter pays – anyone who causes pollution of water by their activities is obliged to bear the cost of pollution removal measures;

7) The principle of public participation – the public has the right to information on the status of waters and the work of competent authorities in the field of waters, as well as on involvement in the processes of preparation and adoption of water management plans and control of their implementation;

8) the principle of conservation of the best available techniques – in water management, the best known and available techniques must be applied , which represent the most advanced achievements in certain areas.

The term

Article 13

Water facilities, within the meaning of this Law, are buildings and other facilities, which, together with the appliances belonging to them, constitute a technical or technological unit, and serve for the performance of aquatic activities (hereinafter: water facilities).

Water facilities are of good general interest, except for buildings built by legal and natural persons for their own needs.

Division

Article 14

According to the purpose, water facilities are divided into water facilities for :

1) landscaping of watercourses;

2) protection against floods, erosion and torrents;

3) protection from the harmful effects of inland waters – drainage;

4) use of water;

5) collection, drainage and waste water treatment and protection of water;

6) monitoring water.

Water facilities for watercourse regulation

Article 15

Water facilities for watercourse management are: coastal sections, bulkheads, thresholds, nails and other objects in the river bed, intended for its stabilization and improvement of flow regimes (hereinafter: regulation facilities), as well as vertical riverbeds (channels , Averages, separated river beds).

V or the object and for protection from floods, erosion and flood

Article 16

Water facilities for flood protection (hereinafter: protective water facilities) are: main, secondary and summer dykes with associated facilities (constitution, pumping stations), quay and defensive walls, reservoir and lateral channels, as well as dams With accumulations and retention with associated flood protection facilities and other flood protection facilities.

An integral part of the dams for flood protection referred to in paragraph 1 of this Article shall also be considered a protective zone with forest and protected greenery (protective dams) in the inundation area, in the width of 50 m next to the embankment, the drainage channels are parallel A dike in the protected area, at a distance of 10 m to 50 m from the embankment night (depending on the characteristics of the watercourse and the object), as well as the service roads in the protected area for the implementation of the flood defense.

Water facilities for protection from erosion and torrents are: barriers, constitutions, regulation of downstream streams, coastal lines, biotechnical facilities and other facilities for protection against erosion and torrents.

V or the object and for protection against harmful effects of inner water – drainage

Article 17

Water objects for protection against inundation of inland waters – drainage are objects :

1) basic drainage network: main and collection drainage channels into which the waters from the land reclamation system or part thereof are drained, with facilities and devices on them (bridges and gaps on the channels, siphons, stairs, speeds, , Pumping stations and the like) and main pumping stations and installations for discharging water from the system to the recipient (natural, or rather, watercourse);

2) a canal network for drainage: detailed channels directly to drain water from the agricultural and other surfaces and their transfer to the collecting channels, and the detailed object drains (misses, traps, bathing, chutes-flowings, constitutions , Pumping stations, and the like).

Water facilities for water use

Article 18

Water facilities for the use of water are buildings:

1) for supply of drinking water and sanitary and hygiene needs – water intakes (wells, caps, watercourses, canals, lakes and dams with accumulations), drinking water treatment plants, main pipelines and reservoirs with appliances Whatever they belong to;

2) for irrigation: interventions from watercourses, canals, lakes and dams with accumulations, main channels and secondary networks belonging to them;

3) for the production of hydroelectric power and other purposes – dams with accumulations, inlet and drainage channels and devices belonging to them;

4) for fish breeding – fishponds;

5) for navigation – facilities to ensure the safety of navigation on the waterway on irrigation and drainage channels and the ship’s conductors on them.

Article 10

Aquatic land is used in a way that does not adversely affect the waters and coastal ecosystem and does not limit the rights of others, for:

1) the construction of water facilities and installation of devices intended for regulation of watercourses and other waters;

2) maintenance of watercourses and water facilities;

3) carrying out measures of water protections;

4) implementation of the protection against harmful effects of water;

5) other purposes determined by this law.

Determination of water boundaries

Article 11

The Ministry , on the territory of the autonomous province competent authority of the autonomous province and the city of Belgrade competence nor authority of the City, determines g sores water zemljita for water and order.

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

The Minister shall prescribe the method of determining the boundaries of the watercourse.

Right to cross the water land

Article 12

The Republic of Serbia has the right Rev. E purchase water zemljita.

The owner who intends to sell aquatic land is obliged to first offer the land to the competent authority of the Republic of Serbia.

The offer referred to in paragraph 2 of this Article must contain data on aquatic land (number of cadastral plot, surface, culture, etc.), price and other conditions of sale.

If the authority referred to in paragraph 2 of this Article does not accept the offer, the owner may sell the water land to another, but not under more favorable conditions for the buyer.

If the authority referred to in paragraph 2 of this Article does not declare a bid within 30 days, it shall be deemed rejected by the tender.

Article 9

Coastal land, for the purposes of this law, is the land belt next to the trough for a large watercourse that serves the maintenance of protective structures and troughs for large water and other activities related to water management.

The width of the belt of the coastal land referred to in paragraph 1 of this Article shall be:

1) in the area unplanned from floods up to 10 m ;

2) in the area protected from floods up to 50 m (depending on the size of the watercourse or protective object), counting from the dash of the embankment towards the defended area.

Notwithstanding paragraph 2 of this Article the Ministry of Agriculture, Forestry and Water Management (hereinafter: Ministry), in the territory of the autonomous province of competence nor authority of the autonomous province, and n and the city of Belgrade competence nor authority of Belgrade (hereinafter: : The competent body of the City), may also determine a different type of coastal land , if necessary:

1) protect water, aquatic and coastal ecosystems;

2) water treatment;

3) Secure goods of special values ​​and capital facilities;

4) performing other affairs of general interest, in accordance with this Law.

Article 7

For the preservation or achievement of good ecological, chemical and quantitative status of waters or their good ecological potential, water bodies of surface waters are identified, including major water bodies, significantly altered water bodies, as well as bodies of groundwater.

Water bodies of surface waters are classified into types, based on obligatory (altitude, geographical depth and length, geology, basin size) and electoral (distance from sources, morphological parameters, valley shape and other) parameters .

With the types of water bodies referred to in paragraph 2 of this Article, the reference conditions shall be determined with respect to the biological elements of water quality.

The Minister responsible for water management (hereinafter: minister) shall determine water bodies of surface and groundwater referred to in paragraph 1 of this Article.

The Minister shall prescribe the conditions referred to in paragraph 3 of this Article.

Water land

Article 8

For the purpose of this law, aquatic land is a land on which water is constantly or occasionally watered, and therefore special hydrological, geomorphological and biological relations are formed that are reflecting on the aquatic and coastal ecosystem.

For the purpose of this law, aqueous land of running water is a basin for large waters and coastal land.

Waterland of standing water, in the sense of this law, is a trough and a belt of land along the trough of standing water, to the highest recorded water level.

The aquatic soil also includes the abandoned trough and baked and spaghetti spruce that the water occasionally swims and the land that the water is floating due to works in the area (partitioning of liquid waters, exploitation of mineral raw materials and the like).

Concept in one good

Article 4

Water well, in terms of this law, is water and aquatic land.

Water resources shall be used in the manner and under the conditions laid down by this Law.

Public water well

Article 5

Waters are good from general interest and are owned by the state.

Water and publicly owned water resources are public water resources.

The public water well is inalienable.

The public water well is used in a way that does not affect the water and the coastal ecosystem and does not limit the rights of others.

Under the conditions laid down by this Law and a special law, the right to use the right to use a public watercourse may be acquired.

Water distribution

Article 6

Surface waters in the territory of the Republic of Serbia, according to their importance for water management, are divided into waters of the first order and water of the second order based on the established criteria, namely: the position of the watercourse in relation to the state border, the size and Characteristics of the watersheds, rivers and characteristics of the watercourses from the aspect of water use, protection of water and protection against the harmful effects of water.

The Government shall establish a list of waters of the order I.

Intercontinental waters are necessarily classified in the waters of the 1st order.

All surface waters that are not identified as waters and order are considered waters of the 2nd order.

Some terms used in this law have the following meaning:

1 ) an aquifer is the potpovrinski layer or layers of the rock mass or other geolokih mean of sufficient porosity and permeability to enable flow of a significant quantity of groundwater or the abstraction of significant quantities of groundwater;

2) torrential flow (hereinafter: torrential) is a temporary or permanent flow in which, due to intense atmospheric precipitation or rapid snow melting, there is a sudden change in water regime in the form of high flood waves and possible threats Life and health of people and their property, as well as ambient values;

3) a wet water body is a body of surface water, created by human activity;

4) water for swimming is water used for sports and recreational purposes, and is part of a water body of surface water or located in an open or indoor pool;

5) Drinking water is water used for drinking, processing and production of food and articles of general use, as well as other needs of people;

6) water for sanitary and hygienic purposes is water used for the maintenance of personal and general hygiene;

7) Water intended for human consumption is water that comes from the source and has the quality prescribed for raw water;

8) water are all liquid and standing water on the surface of the earth and all groundwater;

9) Water Balance is a quantitative and qualitative relationship between the available and necessary quantities of surface and groundwater in a given space and in a certain time;

10) The water regime is natural and / or human activities caused by the quantitative and / or qualitative state of underground and surface waters in a given space and at a certain time;

11) Water resources are all surface and groundwater, by quantity and quality;

12) Water system consists of all waters, aquatic lands and water objects in a certain area;

13) A water area is an area that consists of one or more adjacent river basins and sub-basins or their parts in the territory of the Republic of Serbia, together with the associated groundwater, which is designated as a basic unit for water management;

14) a water body of surface water is a special and significant element of surface water such as a lake, reservoir, stream, river or channel or part of a stream, river or channel;

15) A groundwater body is a specific volume of groundwater within one or more aquifer layers;

16) water is a stream of running water along with shores and water flowing it continuously or occasionally and can be natural (river, torrent, brook) and westerly (channel, average, divided trough);

17) the main collector is the waste water collector , or more settlements, by which the collected water is discharged to the wastewater treatment plant;

18) emission limit values include mass expressed by specific specific parameters, concentration and / or emission levels which can not be exceeded over one or more periods of time;

19) direct discharge into the groundwater is the discharge of the pollutant into the groundwater without leakage through the surface and underground layers of the soil;

20) good ecological potential is the status of a significantly altered or ethereal water body, classified in accordance with a special regulation;

21) Good ecological status is the status of a water body of a surface water, classified in accordance with a special regulation;

22) Good quantitative status is the status of a groundwater body as defined by a special regulation;

23) good surface water status is the status of a water body of surface water when its ecological status and its chemical status is at least in accordance with a special regulation;

24) Good groundwater status is the status of a groundwater body of a groundwater when its quantitative and chemical status is at least good, in accordance with a special regulation;

25) Good chemical status of surface water is a chemical status that must be in compliance with the prescribed environmental objectives for surface water, that is, the chemical status of the water body of surface water such that the concentration of pollutants does not exceed the quality standards Environment, in accordance with a special regulation;

26) good chemical status of groundwater is the chemical status of a groundwater body that meets all prescribed conditions;

27) The ecological status includes the quality of the structure and functioning of the aquatic ecosystem associated with surface water, classified in accordance with a special regulation;

28) The erosion area is the area in which, due to the action of water, the occurrence of runoff, stagnation, climbing, undermining and clinging, the land that can become subject to these effects due to changes in the way of use (Cutting wood, degradation of meadows, construction of buildings on unstable slopes, etc.), as well as the land of mining and industrial wastes;

29) pollution is a direct or indirect intrusion, as a result of human activity, substance or heat in the air, water or soil, which can be harmful to human health or the quality of aquatic ecosystems or sub-ecosystems directly dependent on Aquatic ecosystems (coastal ecosystems), which causes damage to material goods or diminishes or impedes conventional and other legitimate uses of the environment;

30) polluting substance is any substance that causes pollution, whose list is determined by a special regulation;

31) Significantly modified water body is the body of surface water which, as a result of physical changes due to human activity, has been substantially altered in its characteristics and classified according to a special regulation;

32 ) sources are the area (source, part of the river or lake, accumulation or part thereof and aquifer or its part), which is used for water for various users;

33) The inundation area is the land belt between the small water tank and the flood (flood) trough line for centuries of large water in an area on which no facilities have been constructed for protection against the harmful effects of water (unregulated inundation area ), That is, the area between the small water tank and the inner (defended) bunk of the building constructed for flood protection (arranged inundation area);

34) Public sewage is a set of technical and sanitary facilities and measures, which ensure the continuous and systematic collection, discharge, conversion and discharge of waste and atmospheric waters of settlements and economy into appropriate receivers-recipients;

35) Public water supply is a set of interconnected technical and sanitary facilities and equipment designed to provide drinking water to the population and economy of settlements that meets the requirements for health safety;

36) The lake is the body of standing surface water;

37) The quantitative status includes the level at which the body of groundwater is affected by direct or indirect incursions;

38) ground water are all standing or running water on the surface of the earth and all groundwater;

39) a trough for large water is a trough and a space that floods a large reversible water once in 100 years;

40 ) a trough for small water (hereinafter: a trough) is a recess through which the small and medium waters of the watercourse flow, ie a recess which is constantly covered by the waters of natural lakes and other surface waters;

41) the minimum sustainable flow is the flow that must be provided downstream from the water intake in the watercourse for the survival and development of downstream biocenoses and satisfying the needs of downstream users;

42) coast is a belt of land (widths up to 10 m), located directly next to a stream of watercourses, lakes, reservoirs and other surface waters;

43) Surface water are liquid and standing water on the surface of the earth, except for groundwater;

44) groundwater are all waters that are beneath the surface of the earth in the saturation zone and in contact with the surface of the earth or subfloor;

45) p floating outer waters are floods caused by spillage of water from the watercourse;

46) floods inland waters are floods from sugary atmospheric and groundwater;

47) The flood area is the area that the water occasionally floats, due to the outflow of watercourses or heavy inland waters;

48) Priority substances are substances separated from those that pose a significant risk to the aquatic environment or to others through it, whose list is determined by a special regulation. These substances also include γ-priority hazardous substances identified as selected priority substances and which cause an increased risk to human health or the environment, and the list and measures to be applied in relation thereto are determined by a special regulation;

49) The available groundwater resources are the medium-term total annual water supply of the groundwater body, minus the average annual flow required for the achievement of the environmental quality objectives for the associated surface waters , In order to avoid any significant deterioration in the ecological status of such waters and to avoid any significant damage to the relevant sub-ecosystems;

50) River is the body of groundwater that mostly flows along the surface of the earth, but it can flow underground in one part of its stream;

51) The groundwater resource is one or more aquifers interconnected in a unique hydrogeological and hydrodynamic whole;

52) in receptacles (receiver) are considered to be natural and vetački streams, lakes, reservoirs, and the earth, in which the drained waste and storm water;

53) River layers are permanent or temporary deposits of rivers and torrents (sand, pebbles and the like) found in aquatic soil;

54) River Basin is an area from which all of the surface islands are confluence with a network of streams, rivers, and possibly a lake, according to the mouth, estuary or delta of the river into the sea;

55) a sub-basin is the area from which the whole network coverage surfactant runoff basin stream, river, lake and possibly, according to the particular point of water streams;

56) standing water are natural lakes, fishponds, ponds, wetlands and other water collectors, which have permanent or temporary inflow or flow of liquid or groundwater;

57) The status of surface water is a general term about the status of a water body of surface water, and it determines it separately from its ecological status and its chemical status;

58) groundwater status is a general term about the status of a groundwater body, and determines it less than its quantitative status and its chemical status;

59) liquid water are natural watercourses with continuous or occasional currents, as well as watercourses;

60) Hazardous substances are substances or groups of substances that are toxic, persistent and susceptible to bioaccumulation and other substances or groups of substances that give rise to an appropriate level of concern, the list of which is determined by a special regulation;

61) Environmental objectives include the prevention of deterioration, protection and improvement of all water bodies of surface waters and the protection, improvement and renewal of all bodies of groundwater, and in order to achieve good status of surface and underground Water and protected areas;

62) 1 EC (one equivalent inhabitant) is an organically biodegradable load that has a five-day biochemical oxygen consumption of 60 g of oxygen per day.

This law regulates the legal status of waters, integral water management, water management and water management, sources and method of financing water activities, monitoring of the implementation of this law, as well as other issues important for water management .

Application of the Law

Member 2 .

The provisions of this law apply to all surface and groundwater in the territory of the Republic of Serbia, including thermal and mineral waters, except for groundwater from which useful mineral resources and geothermal energy can be obtained.

The provisions of this law also apply to watercourses that make or cross the state to the border of the Republic of Serbia, as well as their associated groundwater, unless otherwise provided by a special law.

The provisions of this law also apply to the exploitation of river deposits that do not contain the use of other useful mineral resources.