What do need to obtain an energy permit in Serbia?
In recent years, the entire world, including Serbia, has seen a comprehensive development of energy as an economic activity, as well as private initiatives in terms of its development. Current events in the world, primarily the crisis in Eastern Europe and rising energy prices have only accelerated this process.
With the development of energy as an economic activity, there is an increase in the construction of energy facilities, and consequently, questions related to obtaining energy permits.
An energy permit is an act of the competent state body obtained for the construction of energy facilities and plants used for the production, transport, or distribution of energy (heat, electricity, etc.).
The issuance of energy permits is regulated by the Energy Act (“Official Gazette of RS”, No. 145/2014, 95/2018 – other law and 40/2021 “EA“).
Who can apply for an energy permit?
Article 31 of the EA stipulates that the request for the issuance of an energy permit may be submitted by both domestic and foreign:
- natural persons;
- companies, and
- entrepreneurs.
Which energy facilities require an energy permit?
Pursuant to Article 30 of the EA, it is necessary to obtain an energy permit for the construction of the following energy facilities:
- facilities for the production of electricity with a capacity of 1 MW and more;
- facilities for the production of electricity with a capacity of up to 1 MW that use water as their primary energy resource;
- facilities for combined production of electric and thermal energy in thermal power plants – heating plants with an electric power of 1 MW and more and total thermal power of 1 MW and more;
- direct transmission lines;
- facilities for the production of petroleum products;
- oil and product pipelines, oil storage facilities, oil derivatives, biofuels, compromised natural gas, and liquefied natural gas with a total reservoir space of more than 10 m³;
- natural gas transport facilities, natural gas distribution facilities, and natural gas storage facilities;
- direct gas pipelines;
- facilities for the production of thermal energy with a capacity of 1 MW and more;
- facilities for the production of biofuels with a capacity of over 10 tons per year.
In addition to the above, it is important to note that the obtained energy permit is submitted with the request for the issuance of a construction permit.
Who is responsible for issuing energy permits?
Pursuant to Article 32 of the EA, the Ministry of Mining and Energy (“the Ministry“) is responsible for issuing energy permits.
In addition, local self-government units have been entrusted with issuing energy permits for the construction of the following facilities:
- facilities for the production of thermal energy with a capacity of 1 MW and more;
- facilities for the production of biofuels with a capacity of over 10 tons per year.
What are the conditions for issuing an energy permit?
Pursuant to Article 33 of the EA on Issuance of Energy Permits, the following conditions must be met:
- reliable and safe operation of the energy system;
- conditions for determining the location and use of land;
- the possibility of connecting the object to the system;
- energetic efficiency;
- conditions for the use of primary energy sources;
- protection at work and safety of people and property;
- environmental protection;
- economic and financial ability of the applicant to realize the construction of the energy facility;
- contribution of electricity production capacity in achieving the total share of energy from renewable energy sources in gross final energy consumption in accordance with the National Action Plan;
- contribution of electricity generation capacity to reducing emissions;
- contribution of capacity for transport or storage of natural gas to increase the security of supply.
In addition to the above, it is important to note that as a condition for issuing an energy permit, it is not necessary to enclose proof of ownership or lease right on the land on which the energy facility will be built.
What should an energy permit application contain?
Pursuant to Article 34 of the EA, the application for the issuance of an energy permit must contain information on:
- the applicant;
- energy facility;
- investment values;
- manner of providing financial resources;
- the anticipated service life of the facility, as well as the manner of rehabilitation of the location after the end of the service life of the facility;
- compliance with the relevant planning documents in accordance with the law governing the conditions and manner of spatial planning, arrangement and use of construction land, and construction of facilities;
- deadline for completion of construction of the energy facility.
It is important to note that in addition to the request for the issuance of an energy permit, in the case when the construction of an energy facility is planned in the exploitation field, it is necessary to submit the consent of the Ministry.
Significant deadlines related to the issuance of energy permits
Pursuant to Article 35 of the EA, the energy permit is issued by a decision within 30 days from the date of submission of the request.
Against a decision to reject the request for an energy permit an appeal may be lodged to the Government or the Ministry in cases when the issuance of the energy permit is entrusted to the units of local self-government within 15 days from the day of receiving the decision.
The energy permit is issued with a validity period of 3 years from the date of its validity, with the possibility of extension for another year.
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