Nature Protection in Serbia
Stojković Attorneys attended the social dialogue “Improving the legislative framework for nature protection”
On 1 October 2021, on the initiative and in cooperation with the Young Researchers of Serbia, the Belgrade Open School, the World Organization for Nature Protection (WWF) Adria and the Centre for Biodiversity Research, the Ministry of Human and Minority Rights and Social Dialogue of the Republic of Serbia held dialogue on “Improving the legislative framework for nature protection”.
Zoran Sretić, legal advisor in the law office Stojković Attorneys, also attended the social dialogue.
The participants in the dialogue discussed the adequacy of the current legal framework for the full implementation and application of the Habitats Directive and the Birds Directive.
On behalf of the Stojković Attorneys, Zoran Sretić pointed out the gaps in the existing Law on Nature Protection, such as the question of who initiates the admissibility assessment procedure, the manner and information on the basis of which it is performed, legal consequences in case of non-assessment, etc.
Zoran Sretić especially drew the attention of the participants in the dialogue to the fact that the assessment of acceptability is, in its essence, an instrument of both spatial planning and preventive protection of natural resources. Therefore, the institute must be viewed as part of the project approval system and adequately integrated into the procedures for adopting spatial documents and approving the construction of the Law on Planning and Construction and approving other interventions in nature such as geological research, mining, industrial and energy activities, etc.;
He then pointed out that the valid solutions need to be improved so that there is legal certainty regarding who is obliged to initiate the eligibility assessment procedure, when there is a legal obligation to conduct an eligibility assessment, and the information that the project promoter or planner must submit in order to perform. proper assessment of the possible impacts of the project / plan on the conservation objectives and integrity of the ecologically significant area;
It is necessary to have a more clearly defined legal test that the authorities will apply in the decision-making process and negative / positive evaluations of the proposed projects / plans;
Furthermore, it is necessary to establish mechanisms for compliance with decisions from the process of acceptability assessment by other bodies, and integration of conditions and measures from the consent of the competent authority in the procedures for issuing building permits and other individual acts approving projects or activities;
Finally, it is necessary to clearly define which remedies exist in the event of a breach of an obligation and which stakeholders can challenge the legality of consents and approvals issued contrary to the Law on Nature Protection.
You can see more about the event at the following link: