GTZ-SIDA - Land Registry Project for Bosnia and Herzegovina

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Ibro ČENGIĆ

Short-term consultant

GTZ-SIDA - Land Registry Project for Bosnia and Herzegovina

ENVIRONMENTAL MANAGEMENT PLAN (EMP)

1. ENVIRONMENTAL POLICY, LEGAL AND ADMINISTRTIION FRAMEWORK IN BOSNIA AND HERZEGOVINA

1.1. Environmental legislation

Due to constitutional basis of BiH institutional setup established in accordance with the Dayton Peace Agreement and its Accords reflected in the Environmental Sector, the first national environmental legislation was adopted at the level of the two Entities and District Brčko. In the Entity Federation of Bosnia and Herzegovina there are some Cantons with their own environmental regulations. For the time being, there are no environmental regulations (Laws and by-Laws) established at the state level.

Some environmental strategic documents were the basis for preparation of the environmental legislation and development of institutional set-up in the environmental sector of Bosnia and Herzegovina in the period from 2000 to 2004.

During that period, the country ratified some international multilateral environmental agreements, as the basis for international cooperation and introduction of international environmental standards in BiH.

With the assistance of the European Commission, both BiH entities drafted and adopted (in the Republika Srpska in 2002 and in the Federation of Bosnia and Herzegovina in 2003) the following 5 key environmental laws:

·  Law on Environmental Protection

·  Law on Nature Protection

·  Law on Air Protection

·  Law on Water Protection and

·  Law on Waste Management

These Laws in both Entities are mostly being implemented through the by-laws (regulations and decrees), which are more or less under preparation and adoption.

Some very important environmental projects, supported by the EC-CARDS Programme and Italian Government (Italian Trust Fund – ITF) were implemented in Bosnia and Herzegovina during the period from 2003 to 2005, with the aim to review current situation, develop and strengthen the institutional environmental sector and to create the framework environmental legislation at the state level.

In the Appendix 1 to this EMP, is attached the list of the legal acts (Laws and by-laws) adopted in Bosnia and Herzegovina and related to the construction of investment projects and protection of environment, natural and cultural heritage and which are also the legal basis for the supervision of operational construction/reconstruction works, as well as follow-up of the implemented projects and environmental monitoring in the entire country.

1.2. Administrative framework and environmental institutional set-up

The Dayton’s Constitution of Bosnia and Herzegovina does not delegate the overall responsibility for national environmental issues and environment protection and natural resources to the state level.

In the Entities’ Constitutions and framework environmental Laws, the main environmental issues are the responsibility of the Entities’ ministries: Ministry of Physical Planning and Environment in the FBiH, and Ministry for Spatial Planning, Construction and Ecology of the RS. These two ministries are also responsible for issuing of environmental permits, location and construction permits: in FBiH, together with cantonal related ministries and municipalities and in RS together with municipal administration. Municipalities in both entities are responsible for communal activities and supervision (inspection) of construction projects at their territories. In the District Brčko, this responsibility is within the Department of Utilities, while location and construction permits are issued by the Department of Urbanism, Real Estate Affairs and Economic Development.

The Law on Ministries and Other Administrative Bodies of Bosnia and Herzegovina (Official Gazette of BiH No 5/03, 26/04), assigns responsibilities for environmental protection to the Ministry of Foreign Trade and Economic Relations (MoFTER). Specifically it gives to this Ministry, among other tasks, “the responsibility for operation and tasks within the jurisdiction of Bosnia and Herzegovina related to the definition of the policy, fundamental principles, coordination of activities and harmonisation of plans of the entities’ governmental bodies and institutions at the international level in agriculture, energy, environmental protection and the exploitation of natural resources”. The environmental administration is represented by the Department of Environmental Protection within the Natural Resources, Energy and Environment Sector.

The administrative tasks, organisation and responsibilities in the sector of environmental protection and spatial planning of the two entity ministries, are very similar and prescribed by the two entities’ Laws: the Law on Federal Ministries and other Administrative Bodies in the FBiH (Official Gazette of FBiH 19/03) and the Law on Ministries in Republika Srpska (Official Gazette of RS 70/02, 33/04). These two ministries are also responsible for creation of environmental policy and strategy-related documents, setting of standards and regulations for air, water and soil quality, operational environmental monitoring and supervision (environmental inspection) and maintaining of compliance with laws and regulations through licensing, permitting and inspection.

The cantonal environmental authorities in the FBiH are the respective ministries of physical planning, construction/civil engineering, waste management and environmental inspection.

The BiH institutional set-up and administrative responsibilities for management and protection of environment in BiH is shown in the Appendix 2.

1.3. Environmental Policy and Standards

Environmental Policy

No environmental policy is adopted in Bosnia and Herzegovina, on the state or entities’ level or in the District Brčko.

In the period from 2000 to 2005, some environmental documents and comprehensive studies were developed in Bosnia and Herzegovina, with the assistance of the World Bank, European Commission, United Nations Economic Commission for Europe - UNECE and UNDP, which are good basis for the creation of the state environmental policy and for the set-up of the institutional sector in the country.

The most important strategic environmental documents developed in BiH that contain conclusions and Recommendation for the creation of BiH Environment Policy, are the following:

·  Strategy for Waste Management (2000)

·  Assessment Report on Sustainable Development in Bosnia and Herzegovina (2002)

·  National Environmental Action Plan (2003)

·  PRSP – Middle-term strategy for development of Bosnia and Herzegovina (2004)

·  UNECE – Environmental Performance Review for Bosnia and Herzegovina (2004)

·  Functional Review of the Environmental Sector in Bosnia and Herzegovina (2005)

Environmental standards

An environmental national standards to be applied in the protection and management of environment, natural resources (water, land, forests) and conservation of natural heritage (biodiversity), reduction of pollution and obtaining of acceptable quality of air, water and agriculture land are still in the process. Certain European environmental standards are being introduced into the BiH practice, through the implementation of the crucial environmental legislation in the two Entities, District Brčko. The standards of the air and water quality (drinking water and water for agriculture land ,as well as for waste water) and their limited pollution are defined in the by-Laws of the Entities on Air Protection and Water Protection, particularly in the Legal Acts (Decree – Uredba or Regulation – Pravilnik) issued by the Entities’ Governments and / or related Ministry of Environment / Ecology.

1.4.  Construction / Reconstruction Projects – Legal Policy and Environmental Impact

Legal Policy

The legal frame for construction and reconstruction activities in the investment projects is regulated by the following laws:

F BiH:

·  Law on Physical Planning (official Gazette of FBiH, No 52/02) and

·  Law on Construction (official Gazette of FBiH, No 55/02)

RS:

·  Law on Spatial Planning (official Gazette of RS, No 84/02),

·  Law on Construction Land (Official Gazette of RS, No 41/03, 86/03)

Brčko District:

·  Law on Physical Planning (Official Gazette of DB, No 9/03, 15/04)

·  Law on Communal Activities (Official Gazette of DB, No 30/04)

Environmental Impact Assessment

The Environmental Impact Assessment and the issue of Environmental Permit for the investment construction projects and industrial facilities are regulated by the following laws and related regulations:

F BiH:

·  Law on Environmental Protection (Official Gazette of FBiH, No 33/03)

·  Regulations on Plants and Industrial Facilities for which is necessary to issue and Environmental Permit (Official Gazette of FBiH, No 19/04)

RS:

·  Environmental Framework Law

·  Regulations on Environmental Permits and Environmental Impact Assessment (currently in the process of adoption)

District Brčko:

·  Environmental Framework Law

1.5. Legal Documents for Investment Projects

The legal documents which need to provide the investor / owner of the Construction / reconstruction project are:

·  Location Permit (Urbanistička saglasnost)

·  Environmental Permit (Okolinska dozvola) for those projects which have or may have a negative impact on environment

·  Construction Permit (Dozvola za gradnju / adaptaciju)

·  Operational Permit (Upotrebna dozvola)

Procedures for issuing these legal documents are regulated by the following legal acts and regulations:

F BiH:

·  Law on Physical Planning (Official Gazette of FBiH, No 52/02)

·  Law on Construction (Official Gazette of FBiH, No 55/02)

·  Law on Physical Planning and Laws on Construction of particular Canton

RS:

·  Law on Spatial Planning (Official Gazette of RS, No 84/02)

·  Law on Construction Land (Official Gazette of RS, No 41/03, 86/03)

Brčko District:

·  Law on Physical Planning (Official Gazette of DB, No 9/03, 15/04)

·  Law on Communal Activities (Official Gazette of DB, No 30/04)

In accordance with the provisions of the (Framework) Law on Environment Protection of both Entities and District Brčko, some construction / reconstruction projects of the plants / industrial and utility facilities must pass the legal procedure of an Environmental Impact Assessment (EIA) and should draft an Environmental Impact Study (EIS) before application for the Location Permit. This study contains an identification description and assessment of direct and indirect impact of the particular project or its construction / maintenance activities on local or global environment.

The Environmental Permit and corresponding Environmental Impact Study are to provide to the investor all necessary information and technical data on possible impact of the project on environment and allow them to take all necessary measures to prevent those negative impacts on local and global environment and human health.

Herzegovin

1.6. Public Procurement - Legal Acts and Rules

The public procurement of goods construction works and consulting services and the procedure of competitive biding are legally regulated in Bosnia and Herzegovina by the applicable Law on Public Procurement of Bosnia and Herzegovina (Official Gazette of BiH, No 49/04).

This Law is applicable for the contract of the public procurement of goods, works and services, which procure:

·  Administrative institutions on the level of Bosnia and Herzegovina state, its Entities, District Brčko and lower level of state administration (Canton, Municipality), funding from the public budgets;

·  Public institutions and business companies.

This Law is not applicable for:

·  Contracts, for which are applicable additional procedures of the international loan or donors funds and organisations,

·  Procurement of construction land and

·  Concession contracts.

2. OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN

2.1. Environmental impact and environmental protection

Each investment construction or reconstruction project, or sub-project as a part of an integral project should analyse aspect of environmental protection. Most of the construction projects should have an Environmental Feasibility Study or Environment within the Project Document chapter for assessment of the Project impact on environment.

Both, impact of the Projects on the environment (for construction and operation phases) and the impact of the environment on project should be elaborated.

The project impact on environment means impact of the project activities during construction period and operation / maintenance period of project life on:

·  Human population health, flora and fauna;

·  Land, water, air pollution, local climate and space;

·  Natural and cultural heritage;

·  Interaction of the above factors.

2.2. Key Environmental Issues

The key environmental issues of the construction / reconstruction process and operation / maintenance activities from the aspect of its impact on environment are:

·  Selection of construction materials with low level of pollutants and hazardous chemicals,

·  Pollution of air, water and land by the emission of pollutants from the project construction and / or operation activities,

·  Level of noise during construction works and protection measures,

·  Dust emission and measures for reduction,

·  Efficiency of used energy and energy sources for construction works, heating, cooling of premises and operational process,

·  Waste material disposal (left from construction and maintenance),

·  Handling with hazardous waste materials left from reconstruction and demolition of old buildings and construction works,

·  Protection of natural and cultural heritage within the project and neighbouring sites,

·  Protection of the neighbouring vegetation, biodiversity, parks, recreation and sport yards, residential and business settlements from the pollution and pollutants emission from the project,

·  Handling with construction materials (cement, sand, chemicals) during construction works.

For the proper management of construction / reconstruction works in the investment civil engineering projects the following legislation is to be applied:

F BiH:

·  Law on Environmental Protection

·  Law on water Protection and its By-Laws

·  Law on Waste Management and its By-Laws

·  Law on Natural Protection and its By-Laws

·  Law on Air Protection and its By-Laws

·  Law on Construction

·  Law on Public Utility Services

·  Law on Health Protection

·  Law on Ionized Radiation Protection

·  Applicable related Cantonal Laws

RS:

·  Environmental Framework Law

·  Law on Water Protection

·  Law on Waste Management

·  Law on Nature Protection

·  Law on Air Protection

·  Law on Construction Land

·  Law on Public Utility Services

·  Law on Ionized Radiation Protection

·  Law on Health Protection

Brčko District:

·  Environmental Framework Law

·  Law on Natural Protection

·  Law on Water Protection

·  Law on Waste Management

·  Law on Air Protection

·  Law on Communal Activities

2.3. Environmental issues and measures for reconstruction, operation and maintenance of built-in premises

To avoid the using of dangerous and hazardous construction materials, chemicals and environmentally non-friendly construction technologies, designer and contractor assigned for reconstruction and rehabilitation of building investment project should apply all assumptions and measures for the protection of the environment described in the adopted related legislative Acts (Laws and By-Laws or Regulations) of both BiH Entities, District Brčko and Cantonal (for FBiH Cantons), listed in the Appendix 1 of this Study. Where such national environmental standards are not defined in the national legislation of the particular administrative unit (Entity, District Brčko or Cantonal level), the International standards and limited values of pollution (emission of pollutants) and allowed substances will be applied, specified in the Multilateral Environmental Agreements (Conventions and Protocols), ratified by the authorised institutions of Bosnia and Herzegovina and where Bosnia and Herzegovina became the Party of these Agreements.