Infrastructure Projects Facility Technical Assistance Window (IPF TA ...

Infrastructure Projects Facility – Technical Assistance Window
Sub project: WB4-MNE-ENV-12B: Management Models and Options for Cost Recovery for the Future Construction and
Operation of Regional Landfills in Montenegro
27
4.4.4 Law on Environmental Impact Assessment
The Law on Environmental Impact Assessment6 regulates the process of environmental
impact assessment for projects that can have a significant impact on
the environment, the contents of the study on impact assessments, the participation
of interested institutions, organizations and the public, the process of assessment
and issuing of approvals, information on projects that can have a significant
impaction the environment of another state, control and other issues of
importance to assess the impaction the environment. Regional landfills in Montenegro
require an environmental impact assessment.
Several bylaws were passed prior to the date on which the Law came into effect
(1 January 2008), including the Decree on projects subject to EIA7; Rulebook
on content of documentation to be submitted together with request for determination
on the need for EIA8; Rulebook on content of documentation to be submitted
together with request for determining the EIA scope and contents of the
EIA study9; Rulebook on content, form and a way of keeping the public record
on actions and decisions on EIA10; and Rulebook on contents of the EIA
study11. The EIA law and related secondary legislation are harmonized with
the EU Directive 85/337/EEC on the assessment of the effects of certain public
and private projects on the environment, as amended by 97/11/EEC and
2003/35/EC. The requirements of EU Directive 2003/4/EC and Directive
2003/35/EC on public access to environmental information, public participation
in decision-making and access to justice, were transposed into this Law.
In terms of projects that are subject to EIA, the Decree on projects subject to
EIA divides activities into two lists; for projects on the first list, the EIA is
mandatory, while for projects on the second list, an EIA may be required.
Essentially any major investment in the solid waste sector requires an EIA. The
types of solid waste projects that fall under List 1 are contained in the annex to
the law, under point 11 (“other projects“) and include:
• Installations for the treatment of hazardous waste by incineration, chemical
or biological treatments as well as landfills for temporary and permanent
storage of hazardous and radioactive waste.
• Waste disposal installations for the incineration or chemical and biological
treatments, temporary storage and permanent disposal of non-hazardous
waste, including municipal and inert waste, with a capacity exceeding 100
tonnes per day.
6 Official Gazette of GoM, No. 80/05
7 Official Gazette of Montenegro No 20/07
8 Ibid.
9 Ibid.
10 Ibid.
11 Ibid.
.