Public Acceptance for new transmission overhead lines ... - Landsnet

March 2003 

Ref: 2003-200-0005 

................................................................................................... 

Public Acceptance for new transmission 

overhead lines and substations 

................................................................................................... 

Networks Committee 

...................................................................................................

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1 International Union of Producers and Distributors of Electrical Energy 

2 European Grouping of Electricity Undertakings

Public Acceptance for new transmission overhead 

lines and substations 

............................................................................................ 

Networks Committee 

............................................................................................ 

Paper prepared by: 

Nascimento Baptista (PT) (Chairman) 

Hannu Linna (FI) (Vice-Chairman) 

Joao Aguiar (PT), Sven-Erik Åkerlind (SE), Juan Francisco Alonso-Llorente 

(ES), Jerzy Andruszkiewicz (PL), Varis Boks (LV), Georges Bonifas (LU), 

Attilio Cipollone (IT), Georges De Montravel (FR), Karl Derler (AT), 

Venizelos Efthymiou (CY), Steinar Fridgeirsson (IS), Stelian Alexandru 

Iuliu Gal (RO), Carlos Gonzalez Gutierrez-Barquin (ES), Karl Imhof (CH), 

John Kirby (IE), Jürgen Kroneberg (DE), J. M. Kroon (NL), Alexander 

Ksinan (SK), Michel Laurent (BE), Flemming Kjærulf Rasmussen (DK), 

Dalius Sulga (LT), Gábor Tari (HU), Robert Taylor (GB), Øivind Torkildsen 

(NO), Mirjan Trampuz (SI), Petr Zeman (CZ) 

EURELECTRIC Secretariat 

John Traynor 

Ludmila Majlathova 

Copyright © Union of the Electricity Industry – 

EURELECTRIC 2003 

All rights reserved 

Printed in Brussels (Belgium)

TABLE OF CONTENTS 

Executive Summary..................................................................................................................5 

1. Introduction ............................................................................................................................6 

2. Existing Obligations and Practices.........................................................................................6 

2.1. Existing National Obligations and Practices ................................................................6 

2.2. Specific Practices..........................................................................................................6 

3. Best practice approach .........................................................................................................10 

3.1. Policy for new Substations .........................................................................................10 

3.2. Policy for new Overhead Transmission Lines............................................................12 

3.3. Simplified flow chart for a permit procedure .............................................................13 

3.4. Life Cycle Assessment (LCA)....................................................................................15 

3.5. Achieving Public Acceptance.....................................................................................15 

4. Conclusion and recommendations .......................................................................................16 

Annexes ....................................................................................................................................18 

Annex 1: Contributions of the following country members in alphabetical order ..............19 

Annex 2: Additional relevant material...............................................................................104 

Annex 3: Abbreviations .....................................................................................................125

Executive Summary 

Europe is now following the path of liberalised electricity markets, leading eventually to a 

single electricity market. The construction of overhead transmission lines and substations 

remains ultimately the responsibility of national electricity transmission companies. Their 

development has mainly been defined by the normal demand growth and the need to 

safeguard the security of supply to customers but liberalisation assigns them additional 

importance as a vital universal commodity to facilitate electricity trade. Thus, the emerging 

single electricity market emphasises the important role to be played by national authorities 

and regulatory bodies - where existing - concerning both new domestic installations and 

international co-operation to promote new cross-border interconnections. 

Rising public objections to the building of overhead high voltage transmission lines and 

substations forces the industry to adopt more sophisticated policies in seeking approval for 

new projects from national and local planning authorities and support from the affected 

publics. The dialogue with landowners, in particular, requires the presentation of detailed 

environmental studies, well-prepared public consultation meetings and face-to-face 

negotiations to identify acceptable compensations – objective and proportionate - depending 

on the extent their property is affected by the new project. 

To be successful, the construction of new transmission projects requires the full support not 

only of all electricity market participants but also of governmental and local authorities. The 

public should be informed responsibly and regularly of all relevant details, including full 

explanations not only of the benefits associated with the new project but also of the possible 

problems deriving from its postponement or cancellation. Public concerns about exposure to 

electromagnetic fields or other influences (related to the transmission network) need to be 

addressed with confidence and supported with extensive and updated scientific facts and 

reviews, as outlined in the recent EURELECTRIC report on “The role of risk communication 

in EMF issue management”. 

2003-200-0005 5 March 2003

1. Introduction 

This report, prepared by the electrical utilities themselves, is focused on the following 

objectives: 

• Identify at national level the existing obligations (grid code to whatever degree, 

bilateral agreements between Authorities and Electricity Companies etc) of electricity 

companies / utilities in Member and Accession countries whenever the need arises for 

extension or upgrading of existing networks (see Chapter 2). 

• Formulate a “best practice policy” that can be proposed to the electricity industry in 

Europe and to the national electricity regulators, that will be advisable to all interested 

parties i.e. local or national authorities (Regulators, Local Planning Authorities, 

Ministries of Environment etc.) and electricity companies, concerning the planning and 

acceptance of new overhead transmission lines and substations (see Chapter 3). 

• Indicate a methodology to be followed for handling the discussion about 

electromagnetic fields (EMF) in achieving public acceptance of new lines and 

substations (see Chapter 3.5). 

• Agree on points that can be proposed as additions to existing European legislation (see 

Chapter 4). 

2. Existing Obligations and Practices 

2.1. Existing National Obligations and Practices 

A relevant report published by CIGRE working group 22.14 in October 1999 under the title 

“Environmental concerns, procedures, impacts and mitigation” gives some interesting facts 

and figures from contributions that were gathered from utilities in many countries throughout 

the world regarding overhead lines. This EURELECTRIC report continues that work by 

looking at the problem of “Public acceptance of transmission lines and substations” from the 

angle of developing a “best practice approach” in meeting the development requirements of 

the transmission network in Europe. The report bases its findings on contributions from 

EURELECTRIC Members. 

All existing national obligations and practices as submitted by the participant countries are 

presented in detail in the attached ANNEX 1. 

2.2. Specific Practices 

Specific practices of various countries, such as: 

• Environmental impact studies 

• Public consultation meetings 

• Compensation to landowners 

• Right of Way 

• Special solutions i.e. compact designs etc., 

are summarised in Table 1 on the next page. 

2003-200-0005 6 March 2003

Table 1: Summary of Practices in the Various Member Countries 

Country Environmental 

Impact Assessment 

Austria Full above 110 kV if 

exceeding 15 km 

route length 

Belgium For lines of 220 kV 

and more, of 15 km 

or longer, not for 

underground cables 

or substations 

Public Consultation 

Meeting 

Yes for detailed 

study 

Possible for lines and 

cables, depending on 

the size and tension 

Cyprus Full above 66 kV Yes for substations & 

lines above 132 kV 

Compensation to 

Landowners 

Yes for affected use of 

land but no for EMF 

or visual Impact 

Yes, if land is bought 

or used for 

substations, lines or 

cables. No for EMF or 

visual impact. 




Czech Not specified Not specified Yes for affected use of 



Denmark Full above 100 kV Not specified Yes if a new 400 kV 

line will pass less than 

50 m from a 

farmhouse, for 

132/150 nearer than 35 

England Full for transmission 

lines, substations & 

underground cable 

works 

Yes for transmission 


m. 




Right of Way for 

double circuit lines 

110 to 380 kV up to a 

corridor of 2x30 m 

No right of way is 

foreseen in the Belgian 

legislation 


corridor of 32 m 


distance of 20 m from 

outside conductor 

Special Solutions 

Compact Designs 

2003-200-0005 7 March 2003 

etc 

Compact designs 

advocated, camouflage 

& each tower 

investigated by a 

specialist 

Special design when 

obliged by a 

competent authority 


where dictated by a 

competent Authority 

Time span for 

approvals 

Not specified 

From half a year 

for underground 

cables of 36 kV, 

up to more than 8 

years for 380 kV 

lines 

From 3 to 8 years 

Not specified Not specified 

Yes but not specified Special designs of 

towers are looked for 

through design 

competitions 

Yes but not specified Special designs where 

dictated by a 


Not specified 

Not Specified

Finland Full for 220 kV for 

lines 15 km long 

Below depending on 

appropriate Authority 



France Full above 63 kV Yes for transmission 


Germany Lines and cables in 

areas under nature 

protection 

Italy 

Luxembourg 

Full for 380/220 kV 

transmission lines 

longer than 15 km, 

below depending on 

Regional Authorities 

laws. For 150/130 kV 

transmission lines 

depending on 

Regional Authorities 

laws. 



Authorisation 

procedure requires the 

entity in charge of the 

realisation of the new 

facility to make public 

announcement to the 

interested parties, in 

order to collect all the 

objections (if any). 










Yes for the permanent 

disadvantages they 

have to suffer 

Full above 65 kV Not specified Yes for affected use of 



Malta Not specified but 

may be required by 

Planning Authority 

which has to be 

notified in case of 

erection of 33 kV or 

higher voltage 

overhead lines. 

Not specified Yes for damages to 

crops at the time of 

construction but no for 

EMF or visual Impact 

Yes but not specified Not specified From 3 to 5 years 


dictated by a 

110 to 380 kV 

specified to the line 

and the landowner 



65 kV to 220 kV up to 

a corridor of 60 m 

For 11 kV – 10m 

corridor on either side 

of centreline 

For 33 kV – 20m: 

corridor on either side 

of centreline 


Special design due to 

local situation in 

agreement with the 

authority 


where dictated by a 


Special designs where 

dictated by a 


Not specified 


From 2 to ( years 

Not specified 


2003-200-0005 8 March 2003

Netherlands Full for 220 kV for 

lines 15 km long. 

Below, depends on 


Norway Full above 33 kV Yes for transmission 


Poland Full above 110 kV 

but between 110 and 

220 kV depending on 


Not specified Yes for affected use of 





Portugal Full above 110 kV Yes for transmission 











Slovenia Not specified Not specified Yes for affected use of 


Spain Full for 220 kV for 

lines 15 km long 

Below depending on 


Switzerland Full for transmission 

works 












Not specified Not specified Not specified 


dictated by a 

110 to 400 kV to a 

corridor of 2 x 33,2 m 




Yes but not specified Not specified From 3 to 5 years 

110 - 400 kV up to a 


Not specified From 3 to several 

years 


dictated by a 



dictated by a 


Not specified 

From 5 to 15 

years 

2003-200-0005 9 March 2003

3. Best practice approach 

Chapter 2 above and Annexes 1 and 2 to this report give in detail the practices in the various 

Member countries. Based on these practices a “best practice approach” is proposed in the 

paragraphs below, forming the basis for managing effectively future transmission projects. 

3.1. Policy for new Substations 

When planning new substations, it is necessary to check different environmental aspects: 

land, water, vegetation, population, town planning, cultural heritage, infrastructure and 

protected natural site and landscape presented in the following table. 

Aspects Detailed Description of Environmental Aspects 

Land The site should preferably be on fairly flat land. This would significantly cut 

down the possible effects on the substratum by reducing the need for earth 

movements. The Area of the substation site must not be prone to floods or water 

stagnation. The substation site should not come within areas or spots listed in the 

inventories of sites of geological interest. The terrain should be big enough and 

have a suitable layout for housing all substation equipment and services, 

including any future extensions. 

Water The site should be chosen so as to avoid any damage to the natural drainage 

network, especially to permanent surface watercourses, avoiding their 

interruption, and to ground-water recharge areas, to avoid any damage to the 

underground network. 

Vegetation Where possible the substation should be sited in low-productivity farming areas 

or uncultivated land, avoiding areas in which the existing plant formations have 

a high ecological economic value. All wooded areas should in general be 

avoided, especially woodland formed by protected species, singular groups or 

riverside copses. The impact on vegetation of the future line corridors should be 

considered. 

Fauna The site should be chosen so as to avoid any areas or spots listed as protected 

Population & 

economy 

areas due to the importance of their animal communities. 

As far as possible the substation must be sited away from population centres, 

isolated dwellings and areas of potential urban development. If technically this 

cannot be avoided then special design considerations ought to be sought. Zones 

with a tourist and / or recreational potential should be avoided as much as 

possible. 

Town Planning The local town planning policy needs to be taken into account when siting the 

substation to avoid urban areas, development land or land held in reserve for 

Cultural 

Heritage 

Infrastructures 

and other plant 

Protected 

Natural sites & 

Landscape 

possible future development. 

All areas should be avoided that contain items belonging to the cultural heritage, 

to prevent either direct damage, such as the deterioration or destruction of 

archaeological remains, or indirect, resulting from placing the substation in the 

vicinity of a monument and affecting its visual setting. 

Consideration should be given to the presence of any infrastructure such as radio 

and television antennae and / or relays, airports and aerodromes, other projects, 

generating plant or substations belonging to other electricity companies, deposits 

of fuel or flammable material, dumps, military sites or any other infrastructure 

that might impose limitations on the siting of the substation and the incoming 

lines from other substations. 

Enlarging on the points already made under the heading of fauna, the substation 

should be sited outside and as far as possible from any areas listed as protected 

natural sites, especially national and natural parks, or other listings of similar 

2003-200-0005 10 March 2003

Electro 

Magnetic Fields 

standing. Wherever possible, the substation must be sited in areas of little scenic 

value. 

Public exposures to electromagnetic fields should be in compliance with the 

appropriate national legislation or standards on exposure levels. 

Table 2: Environmental aspects of Network Substations 

The substation will be connected to the network through overhead lines making it necessary 

to study the vegetation within line corridors in the vicinity of the substation. Line corridors 

have a great influence on the geographical orientation of the substation and may constrain the 

choice of the substation layout. Difficulties in establishing line corridors may be overcome by 

the use of multi-circuit pylons or other appropriate solutions, which may differ from case to 

case, e.g. short runs of underground cable. 

Where substations need to be built in load centres and the required environmental aspects 

(see Table 2) are violated then suitable designs of totally enclosed substations ought to be 

used that are fed with suitable underground cables. 

Such totally enclosed substations need to address additional technical and environmental 

aspects to those of conventional outdoor substations presented in Table 3. 

Aspects Technical and Environmental aspects of totally enclosed substations 

Transformer oil Transformer oil, in case of a failure, needs to be collected in totally sealed basins 

to protect the water strata of the neighbourhood. Access should be given to the 

fire brigade or other Authority to remove the collected oil in suitable containers 

and transfer it to an authorised plant for incineration or treatment. 

Fire fighting and 

control 

The substation has to be divided in distinct fire zones. Areas that are rated as 

high risk to catch fire need to be equipped with an approved fire fighting system 

that ought to be known to the local fire Authorities. 

Noise The substation in full operation should be designed so that it will not add to the 

ambient noise level above the regulated limits. 

Land Depending on the availability of land, enclosed substations can be built 

- Totally over-ground (cheapest and preferred), in close proximity with other 

buildings 

- Partially underground with physical ventilation and cooling of heated up areas, 

as part of a complex of buildings 

In exceptional cases, totally underground with forced cooling and ventilation 

Table 3: Additional Technical and Environmental Aspects of Totally Enclosed 

Substations 

2003-200-0005 11 March 2003

3.2. Policy for new Overhead Transmission Lines 

With a view to building new overhead transmission lines, it is necessary to check different 

environmental aspects: land, water, vegetation, population, town planning, cultural heritage, 

infrastructure and protected natural site and landscape (see Table 4). 

Aspects Detailed Description on Environmental Aspects 

Land The route of the line should preferably be as straight as possible, consistent with 

the minimum visual and environmental impact. 

Water The siting of towers should be chosen so as to avoid any damage to the natural 

drainage network, especially to permanent surface watercourses, avoiding their 

interruption, and to ground-water recharge areas, to avoid any damage to the 

underground network. 

Vegetation Where possible the line corridors should be sited in low-productivity farming 

areas or uncultivated land, avoiding areas in which the existing plant formations 

have a high ecological economic value. 

Fauna The line route should be chosen so as to avoid any areas or spots listed as 

protected areas due to the importance of their animal communities, especially 

those protected because of birds; or, if not possible, lines should be equipped 

Population & 

economy 

with bird protection devices. 

As far as possible the line corridor must be sited away from population centres, 

isolated dwellings and areas of potential urban, tourist or recreational 

development. If technically this cannot be avoided then special design 

considerations and construction practices ought to be sought. 


line corridor to avoid urban areas, development land or land held in reserve for 

Cultural 

Heritage 

Infrastructure 


Protected 


Landscape 

Electro 

Magnetic Fields 

possible future development. 

All areas should be avoided that contain items belonging to the cultural heritage, 

to prevent either direct damage, such as the deterioration or destruction of 

archaeological remains, or indirect, resulting from erecting towers or conductors 

in the vicinity of such a monument and affecting its visual setting. 

Consideration should be given to the presence of any infrastructure such as radio 

and television antennae and / or relays, airports and aerodromes, other projects, 

generating plant, deposits of fuel or flammable material, dumps, military sites or 

any other infrastructure that might impose limitations on the siting of the line 

corridor. 

Enlarging on the points already made under the heading of fauna, the line 

corridor should be sited outside and as far as possible from any areas listed as 

protected natural sites, especially national and natural parks, or other listings of 

similar standing. Wherever possible, the line corridor should be sited in areas of 

little scenic value 

Public exposures to electromagnetic fields should be in compliance with the 

appropriate national legislation or standards on exposure levels. 

Table 4: Environmental Aspects of Network Transmission Lines 

The overhead transmission lines should be of approved design to satisfy network 

requirements, unless other important environmental aspects are violated. In such a case other 

solutions ought to be sought that are technically and economically viable and acceptable. 

Underground cables are mostly used in developed areas, e.g. along approved roads or 

pavements. Due to their significant higher capital and operating costs at transmission 

2003-200-0005 12 March 2003

voltages, they are normally considered only for short runs where an overhead line cannot be 

placed. 

Where local or other authorities are sensitive about the visual impact of overhead lines, 

supports of compact design and / or appropriate colour, more suitable for the specific line, 

should be used. 

Transmission line routes should generally be constructed as straight as possible having due 

regard to all relevant considerations on land that is classified in order of preference as 

follows. However, in some countries, practices could differ, in particular for topographical 

reasons. Also, the process of public participation can impact the final selection: 

• Across low-productivity farming areas or uncultivated land 

• Across low plantation areas of low ecological value 

• Along highways, railways and intercity roads whenever local or national Authorities 

permit it or support it 

• Any other case that is considered at national level acceptable and not violating other 

recommendations in this Report 

3.3. Simplified flow chart for a permit procedure 

In some cases it is possible to predict with some tolerance how long the permit process 

including Environmental Impact Assessment (EIA) and appeals will last. The expected time 

span for licensing varies from country to country and from project to project (from 3 to 15 

years is indicated from the country reports in Annex 1) and the time span tends to increase as 

a result of public and political interest in projects. Figure 1 shows a typical flow chart for a 

permit procedure. It is not intended to represent the procedure that is followed in every 

country. 

2003-200-0005 13 March 2003

Preliminary 

Phase 

Main 

Permitting 

Procedure 

Expropriation 

(Subject to Appeal) 

Application for Clearing 

Permit 

Dept. of Forestry 

Clearing Permit 

Acquisition of Right of Way 

Land Acquisition 

Amicably 

No 

Modification of Project 

Yes 

Working-out of Preliminary 

Report with need & 

Alternative Routing 

Proposals 

Appropriate Authority 

EIA (Environmental 

Impact Assessment) 

Necessary? 

Undertaking of EIA 

Submissions of EIA and 

Detailed Project to 


Modification 

Requested? 

Approval of Project by 


Appeal? 

Coming Into Effect of the 

Approval 

Preparation of 

Construction 

National Authorities 

Central Authorities 

Local Authorities 

Owners of Other Services 

Local Inspection Conciliation 

Appeal 

Quashed? 

New 

Appeal? 

Appeal? 

Fig. 1: Simplified flow chart of a permit procedure for overhead transmission lines 

2003-200-0005 14 March 2003 

Yes 

No 

No 

Yes 

No 

Yes 

Need 

New Project, Review or 

Abandon Project 

Yes 

Yes 


No 

No

3.4. Life Cycle Assessment (LCA) 

The environmental impact of the construction, operation, maintenance and disposal of a 

substation or power line may be evaluated by Life Cycle Assessment techniques. These are 

defined and described in the ISO 14000 series of standards. Current work within Study 

Committees B2 and B3 of CIGRE will provide added useful information and techniques to 

the industry for managing effectively life cycle assessment issues of materials and equipment 

used in substations and lines. 

Typical components of substations (a similar list can be developed for transmission lines) 

serve to illustrate this complexity: 

• Chemicals for the preparation of the ground 

• Solid minerals (stone / aggregates) for the foundations 

• Metals (steel structures, copper conducting parts and earthing circuits, aluminium 

busbars, silver for electrical contacts, complex alloys for circuit breaker interrupters) 

• Liquids (oil for transformers, coolant for air-conditioning of the buildings) 

• Gases (nitrogen, SF6) 

• Materials used in the manufacture of porcelain or glass insulators 

• Silicon products used for coating porcelain insulators or in the manufacture of 

polymeric insulators 

• Wood and other packing materials used for delivery of components 

• Cables with synthetic insulation 

• Access roads 

• Transport of material 

A detailed design of a proposed substation or line should address the issue of Life Cycle 

Assessment of all proposed equipment to be used, capitalising on initiatives of manufacturers. 

The study should address the issue that following decommissioning, substation or line 

equipment must be disposed of in accordance with local regulations. 

It is strongly recommended that, as far as possible, materials are recycled. This is particularly 

appropriate in the following cases: 

• SF6 gas 

• Insulating oil 

• Copper and aluminium 

• Steel, timber, etc. 

3.5. Achieving Public Acceptance 

The methodology to be followed for handling effectively the EMF issue and other related 

aspects in achieving public acceptance of new transmission lines and substations should be in 

accordance with the conclusions and recommendations of the EURELECTRIC report “The 

role of risk communication in EMF issue management” (order reference no. 2000-440-0011). 

2003-200-0005 15 March 2003

4. Conclusion and recommendations 

Chapter 2 above and Annexes 1 and 2 to this report give in detail the practices in the various 

Member countries. Based on these practices a “best practice approach” is presented in 

Chapter 3 forming the basis for managing effectively future transmission projects. Some 

comments would evidently be valid similarly for larger distribution projects. 

From the practices in the member countries the following conclusions can be drawn: 

• Objections to the construction of transmission lines and substations can be managed 

effectively if a realistic dialogue is developed between the various stakeholders, 

supported by a detailed environmental study confirming that the proposed development 

satisfies the relevant international standards and European Directives and 

recommendations, and makes use of the best available technology and practice. 

• The procedures for approvals should be detailed and exhaustive, covering all possible 

needs of affected authorities, publics, and landowners, and aiming at convincing them 

of the public importance and need for the proposed development. Where necessary, 

public consultations under the auspices of the appropriate authority under national law 

should be encouraged as a process for achieving approval by committing the interested 

parties to publicly argue their objections (if any) to the proposed development, at the 

same time committing them to put forward acceptable alternatives to meet the needs of 

the grid. 

• Affected landowners must be respected and they should continue to own the affected 

land unless the required development hinders to a predefined level the free use of the 

land. In such cases, the acquisition of the land must be possible through national law in 

return for reasonable and objectively determined compensation. In all other cases, 

landowners must be satisfactorily compensated through regulated procedures for the 

limitations that are imposed on the free usage of their land. 

• The public acceptance of transmission lines and substations depends to a great extent 

on the importance that the governing authorities ascribe to such needs. For this reason 

transmission system operators ought to be given detailed and exhaustive criteria on how 

to develop the grid system, and they ought to be supported by the national authorities in 

getting approvals for the projects. Later on, it should be verified that their erection 

complies with the secured approvals, especially with respect to their environmental 

impact. 

With a view to adopting a harmonised “best practice” approach at European level, the 

following recommendations can be proposed: 

4.1 New transmission lines should be built in accordance with relevant legislation or 

standards concerning proximity to buildings, electrical safety clearances, etc. Normal 

good practice in the design of transmission lines leads to them sited, where possible, 

away from existing buildings. To this effect new rights-of-way should be secured to the 

greatest degree possible with equitable compensation to the affected landowners. 

4.2 Public exposures to electromagnetic fields should be in compliance with the appropriate 

national legislation or standards on exposure levels. 

2003-200-0005 16 March 2003

4.3 The potential consequences of delaying or preventing needed infra-structural 

investments in the transmission network are likely to be either the hindering of local, 

regional or national economic development or, in more severe cases, worsening the 

security of supply in specific areas, where the existing infrastructure becomes 

inadequate due to growing electricity demand or due to a new situation in the emerging 

liberalised electricity market. Authorisation procedures and timescales, while taking 

account of valid democratic concerns such as adequate time for the public or other 

stakeholders to register objections, should be balanced with a realistic appraisal of such 

impacts. Transmission system operators, national authorities including electricity 

regulators, relevant ministries and planning authorities at national, regional, and local 

level, bear the responsibility of maintaining close interactions in order to ensure that 

applications made by electricity companies for the construction of new transmission 

projects - whose need has already been acknowledged and whose design is adequately 

supported - are dealt with in a timely and co-ordinated manner. 

2003-200-0005 17 March 2003

ANNEX 1: 

Annexes 

Contributions of the following country members in alphabetical order: 

1. Austria 

2. Belgium 

3. Cyprus 

4. Czech Republic 

5. Denmark 

6. Finland 

7. France 

8. Germany 

9. Italy 

10. Luxembourg 

11. Malta 

12. Netherlands 

13. Norway 

14. Poland 

15. Portugal 

16. Slovenia 

17. Spain 

18. Switzerland 

19. United Kingdom 

ANNEX 2: 

Additional relevant material 

• United Kingdom - The Holford Rules 

• United Kingdom - Guidelines on Substation Siting and Design 

• Luxembourg - Grand Ducal Decree of 4 March 1994 on environmental impact assessment 

of certain public and private-sector projects 

ANNEX 3: 

Abbreviations 

2003-200-0005 18 March 2003

Annex 1: Contributions of the following country members in alphabetical order 

Austria.......................................................................................................................................20 

Belgium.....................................................................................................................................26 

Cyprus.......................................................................................................................................27 

Czech Republic .........................................................................................................................30 

Denmark....................................................................................................................................32 

Finland ......................................................................................................................................34 

France........................................................................................................................................40 

Germany....................................................................................................................................46 

Italy ...........................................................................................................................................50 

Luxembourg..............................................................................................................................56 

Malta .........................................................................................................................................64 

The Netherlands........................................................................................................................66 

Norway......................................................................................................................................68 

Poland .......................................................................................................................................70 

Portugal.....................................................................................................................................79 

Slovenia.....................................................................................................................................95 

Spain .........................................................................................................................................97 

Switzerland .............................................................................................................................101 

United Kingdom......................................................................................................................102 

2003-200-0005 19 March 2003

AUSTRIA 

Regulatory Controls and Compensation Policies for Overhead Transmission Lines in 

Austria 

In the following the situation for new erected OH-lines in the voltage range from 110kV to 

380kV is explained. The situation given below presents the situation as it is practice for 

Verbund and is derived from recently erected 380kV-lines. 

1. Regulatory Controls 

1.1 Legislatory Base 

The structure of Austria´s electricity industry is based on federal laws. The electrical energy 

sector follows the country's administrative principles and therefore presents a federal 

structure with provincial utilities for each province (and municipal utilities for big cities). 

These utilities mainly concentrate on their regions to meet the local demand. They run power 

stations and own transmission grids (in general till 220kV level). 

The nation-wide transmission grid of 220kV and 380kV to connect the provinces and to 

provide connections with neighbouring countries is owned and run by Verbund. Verbund has 

the function of a pooling company and also runs big scale hydro and thermal plants and cares 

for the nation's load dispatching. 

The procedures being applied to achieve permissions for the erection of overhead 

transmission lines are defined in Austrian laws. Two possibilities are distinguished: 

A. Electric power lines affecting two or more federal provinces: 

„Starkstromwegegesetz 1968“ is to be applied 

B. Electric power lines not affecting two or more federal provinces: 

„Starkstromwegegrundsatzgesetz 1968“ is to be applied 

These mentioned laws define, which authority is competent for the authorisation procedure 

(provincial or federal authority). The authorisation procedure itself is similar in both laws. 

Both laws do not cover power lines inside private property which are used by this proprietor 

and do not cover power lines for railways, mining industry, aeronautics, shipping, technical 

facilities of postal service or national defence or telecommunication purposes. 

In context with the said laws the expression „electric line“ is meant for electric facilities 

conducting electric energy and therefore also covers substations, transforming- and switching 

stations. Power lines are defined as lines exceeding 42 volt or exceeding 100 watt, regardless 

if overhead or buried. 

2003-200-0005 20 March 2003

Lines of 220 kV and above and of a length of 15 km an above or if lines above 110 kV run 

through especially protected areas shall be subject to an environmental compatibility test 

according to EU legislation. In such procedures the public is party. 

The procedure explained in the following refers to power lines covered by the two said laws 

and especially refers to „A. Electric power lines affecting two or more countries - 

Starkstromwegegesetz 1968“ as more comprehensive. 

1.2 Preliminary Study („Vorprojekt“), Preliminary Procedure 

(„Vorprüfungsverfahren“) 

The authority may decide for a preliminary procedure in case the project will concern public 

interests in essential way. A hearing is to be held, all public bodies and authorities concerned 

by the project are to be invited. This procedure is neither open for landowners nor for the 

public. 

The utility has to provide a Preliminary Study presenting: 

• technical report including principle tower configuration 

• map in scale 1:50.000 indicating the proposed route 

The Preliminary Procedure concludes with a notice defining if and under which 

circumstances the project is in line with public interests. 

1.3 Detailed Study („Detailprojekt“) 

On base of positive Preliminary Study the authority allows field survey, soil investigations, 

technical works etc. on site to prepare the detailed study. 

It has become common practice to investigate several technical variants and options (see also 

chapter 3 of this paper). 

1.4 Authorisation Procedure 

The detailed study is base for the authorisation procedure. A hearing is to be held the same 

bodies are invited as for the preliminary procedure plus landowners concerned by the line´s 

right of way. Landowners outside the right of way are not party. 

The project is to be in co-ordination with existing energy supplying facilities. According to 

the law´s definitions the project has to consider the country´s nature, forestry, matters of 

protection against avalanches and torrents, regional planning, protection of environment and 

historical monuments, water resources policy and laws on water supply, public transport, 

other public supplies, national defence, safety of airspace and personnel care. Representatives 

from the mentioned bodies are to be invited to the hearing. 

The procedure is to be held in each concerned commune. It is not open for the general public. 

Papers being presented by the utility are: 

• technical report including purpose and operation of the line, tower configuration, type 

of conductors, etc. 

• ground plan with indicated line and r.o.w in detailed scale 

• land register with data of landowners and public areas of the concerned region 

2003-200-0005 21 March 2003

In case of positive conclusion the authorisation procedure ends with a notice, giving 

permission for the erection of the line if the project is not in contradiction with the public 

interest of the population (or parts of them) on supply of electrical energy. 

The notice is sent to each concerned body (landowners, authorities, etc.). Right to object by 

the supreme court exists within 6 weeks after receipt of the notice. 

1.5 Final Project, Taking into Operation 

Alterations and obligations from the authorisation procedure lead to a final project which is 

base for the construction works. 

After finalisation of works the line is energised provisionally and checked by the relevant 

authority. Provided positive test run and provided the realisation is in line with the provisions 

from the authorisation procedure, the right to use is given by notice. 

2. Compensation Policies 

2.1 Principles 

2.1.1 Legislatory base 

According to Austrian laws nearly no areas exist which are restricted for OH-lines. In other 

words, residential- and school-buildings may be crossed by lines as well as industrial and 

trading complexes, sports grounds, public parks and other facilities. Austrian regulations 

„ÖVE-L11, Construction of overhead power lines of more than 1kV“ define very precisely 

clearances and measures which shall be taken when crossing or approaching facilities. (as 

example see §25.3 - crossing of industrial and trading complexes... - and §25.4 - residential 

and school buildings .... - in Annex 1). 

As far as can be seen no change of this legal situation may be expected in near future. 

In practice line routing deviates polluted areas and especially deviates residential buildings, 

schools and playgrounds whenever possible. 

(It shall be mentioned that CENELEC TC11 works on the standard „General design 

requirements of OH electrical lines exceeding 45kV“. The newest draft of this standard also 

allows crossings of the said facilities under certain provisions.) 

2.1.2 Compensation 

In the following the expression „compensation“ is understood to compensate permanent 

disadvantages as a result of the existence of a line. Compensation is a singular payment and is 

calculated for the whole life-span of the line. 

Payments to compensate disadvantages from access during construction or during 

maintenance are not covered under „compensation“ as meant here. They are paid separately. 

Compensations refer to the right of way solely. No compensation may be claimed for 

property located outside this strip. Assumed risks from the line (e.g. from EMF) or visual 

impacts are not considered for compensation, neither from inside nor from outside the right 

of way. 

2003-200-0005 22 March 2003

Compensation is paid for towers on property and crossing of property. 

Titles for compensation in case of towers are: reduction of use of land or reduction of crops 

and difficulties in cultivation. 

Titles in case of crossings are depreciation of property. 

If no financial agreement can be achieved between utility and owner, the utility may ask for 

expropriation. In this case the authority defines the value of compensation on base of 

expertise provided by authoritative experts. 

2.1.3 Right of way 

Right of way is defined as follows: 

• for 380kV lines, two systems: 2x30m 

• for 380kV lines, four systems: 2x33m 

• for 380kV lines, two systems plus 110kV lines, two systems: 2x30m 



2.2 Compensation Policies with private landowners 

Compensation is calculated on base of a skeleton agreement which is achieved between the 

utility and the relevant Regional Chamber of Agriculture (Landes-Landwirtschaftskammer). 

This agreement is negotiated for each new project with each concerned Regional Chamber of 

Agriculture. 

2.2.1 Compensation for Agricultural Used Areas 

Compensation for towers 

The area for compensation payments for towers is calculated according to the formula 

F = ( a + 10 ) x ( a + 22 ) 

where „F“ is the area in m 2 and „a“ is the width of the tower footing in meters (distance from 

leg to adjacent leg) in case of lattice towers and is applied analogously for tubular poles. This 

formula results a rectangular area for compensation payment, considering any possible 

difficulties from any direction of work for cultivation. 

The quality of land is divided into four main categories: 

• category 1: arable land and gardens 

• category 2: pastureland 

• category 3: poor quality pastureland 

• category 4: non-productive land 

These categories are split up into four subcategories depending on different quality of soil 

and crops. 

To present representative values: a tower with 10m footing width leads to compensation of 

ATS 4.133,- (app. US$ 375,-) in case of non productive land and ATS 82.656,- (app. US$ 

7520,-) in case of best quality arable land (all values from 1995). 

2003-200-0005 23 March 2003

If more than one new lattice tower is planned to be erected on one field, the compensation 

increases by 15% for the second tower and increases by 30% for the third tower, etc. 

If lattice towers from other lines already exist on the field in question, for calculation of 

compensation these existing towers are to be taken into account similarly (as if they were 

new erected ones). No additional compensation is paid for these existing towers. This 

agreement is only valid for lattice towers as they create more difficulties for cultivation than 

poles or concrete structures. 

Compensation increases by 30% for towers which are erected up to 100m from the farmstead 

and increases by 10% for towers 100-150m distant. This agreement considers the increase of 

value of land near to the farmstead. 

Compensation for crossings 

Compensations for crossings in free span are independent from the kind or quality of the 

crossed land and are therefore calculated by fixed values. Concerned is all property inside the 

strip of right of way. A typical value is ATS 5,24 (app. US$ 0,45) per m 2 . 

Basic rate 

In addition to the payments mentioned above, for each servitude agreement a lump-sum is 

paid to the landowners to compensate their efforts for negotiations, notary attests, 

administrative certifications, etc. In this context one „servitude agreement“ refers to all 

property of one landowner concerned by the line project. 

2.2.2 Compensation for private woodlands 

Compensation for forests is defined by authoritative experts for forestry and may vary 

depending on the kind and age of wood and expected duration to regular timber. Costs for 

reforestation is to be paid by the utility separately and is not part of compensation. 

Therefore no values can be given here. 

2.2.3 Compensation for Industrial or Residential Areas 

Only owners of properties within the right of way are entitled for compensation. The value 

for such compensation is negotiated between owner and utility or is defined in expertise by 

authoritative experts. 

No claims from outside the strip of right of way are possible. 

2.3 Compensation Policies for public property 

Public bodies as e.g. Federal Railways, Federal Forests Administration, Federal Postal 

Services, Federal Highway Administration, etc. have achieved skeleton contracts with 

utilities comprising all aspects of use of their land and compensation agreements. 

3. Additional measures by utilities to achieve permission 

Apart from measures as indicated above, steps in addition to the ones demanded in laws are 

recommended as helpful to achieve acceptance by the public and to get permissions. 

2003-200-0005 24 March 2003

To give an example: the following measures were taken to realise a 380kV-line project in 

Austria recently: 

• An expertise by order of the authority investigated the national and local energy 

situation and use of land depending on different variants. Economic and ecological 

aspects were considered as well as reduction of losses. Reduction of primary energy 

due to a more effective grid are stated. Expected audible noise and the problematic of 

EMF is discussed. 

• Expertise „Investigation of effects on nature and landscape“ were carried out for each 

concerned commune, evaluating effects on fauna, flora, biotopes and landscape 

• During construction work the utility installs an „Ecological Site Control“ by an 

independent landscape architect. These experts are on site during complete working 

time. They investigate and check soil, vegetation (e.g. protected tree population, small 

forests), flora (esp. endangered or rare kinds, breeding-places, air lanes of birds), 

biotopes of special ecological and/or scientific interest. App. 260 tower locations, 

representing 73% of the total line are concerned by these measures. 

• The utility accepted to pay compensation resp. remedy for impairment of landscape 

caused by the line. 

• Compacted tower configuration was chosen 

• Electrical systems from other utilities are carried on the same construction as multiple 

circuit line so that old lines can be dismantled. 

• In sensible regions the line is constructed as „camouflage line“ with towers, conductors 

and fittings coated in dark green colour. 

To present Verbund´s policy in the field of environmental concerns and protection, the 

company issues an annual „Environmental Report“ covering hydraulic and thermal 

production, transmission grid, existing and future measures. 

paper for CIGRÉ SC 22 (WG 14) 

prepared by H.Lugschitz 

Verbund Am Hof 6A, A-1010 Vienna, Austria 

2003-200-0005 25 March 2003

BELGIUM 

Existing obligations and practices. 

Environmental Impact Assessment: compulsory for lines of 220 kV and more, of 15 km or 

longer, not for underground cables or substations. 

Public Consultation Meeting: possible for lines and cables, depending on the size and 

tension. 

Compensation to landowners: yes, if land is bought or used for substations, lines or cables 

(see next question). No for EMF or visual impact. 

Right of way for double circuit lines: no right of way is foreseen in the Belgian legislation, 

only an authorisation to go through or over private property, where no building or walls are 

(or equivalent in respect of privacy) ; if the owner gets a building permit of if he places a 

walle around his property (or equivalent fencing), the consequence is that the line or cable 

should be removed at that moment ; therefore, utilities have as often as possible bought 

property for placing their towers (generally underground cables are placed in the public 

domain) ; the above mentioned authorisation, always demanded, then only serves to hang 

conductors over underlying private properties. 

Special solutions, compact designs, etc.: special design when obliged by a competent 

authority. 

Time span for approvals: from half a year for underground cables of 36 kV placed in 

streets, up to more than 8 years for 380 kV lines. 

Johan Mortier 

2003-200-0005 26 March 2003

CYPRUS 

Public Acceptance of Transmission and Distribution Lines and Substations 


Cyprus under the current law depends wholly to the Electricity Authority of Cyprus (EAC) 

for generating, transmitting and distributing electricity to all customers. The integrity and 

reliability of the transmission and distribution network is entirely in the hands of EAC the 

semi-government company, which is wholly owned by the Cyprus Government. 

2. Legal Obligations for System Expansion 

In Cyprus the following existing national obligations are binding on all interested parties: 

1. New transmission lines of whatever voltage or extensions of existing transmission lines 

need to secure the following approvals: 

• Secure a permit from the Town Planning and Housing department 

• Government approvals from all relevant Central and Local Authorities 

• The written consent of the affected landowners (tower erection and/or line 

crossing). A compulsory way-leave can be secured from the District Officer 

whenever landowners refuse their written consent and the District Officer 

considers the proposed development as essential and in the National interest. 

2. New transmission lines and substations of whatever voltage or extensions to existing 

transmission lines and substations ought to go through a national approval process 

supported by a full Environmental Report. 

3. For new distribution lines and extensions to existing ones the legal requirements of 1 

and 2 above apply except the requirements for a permit form the Town Planning and 

Housing department and the submission of an environmental report. For new 

distribution substations the legal requirements of 1 and 2 above apply except the 

requirement for the submission of an environmental report. 

4. The intention of building a substation covering an area of more than 50 sq. m but less 

than 250 sq. m must be made known to the public by affixing on the land a noticeboard 

describing the intentions of the Utility. 

5. If the substation to be built is covering an area more than 250 sq. m then in addition to 

the public announcement through a notice board or otherwise, the approval process may 

involve a relaxation through a public hearing process depending on the decision of the 

Town Planning and Housing department. 

6. At the absolute discretion of the Town Planning and Housing department every 

submission for approval of a new transmission line, in addition to the requirements 

2003-200-0005 27 March 2003

eferred to in the paragraphs above, it may involve relaxation through a public hearing 

process. 

7. New transmission lines are designed and constructed with the understanding that a 

“green” corridor is to be secured, free from any buildings: 

• of 20 m width for 66 kV transmission lines 

• of 25 m width for 132 kV transmission lines 

8. Transmission line conductors should be constructed to meet the following clearances 

from ground under the worst possible operating conditions: 

• more than 6,0 m at all points except at crossings with highways and controlled 

areas in substations 

• more than 7,2 m when conductors cross highways 

3. Experiences and Practices 

Going through a rigorous approval process, competent Authorities have shown a preference 

to compact line designs in areas that approach residential areas and they are exposed to public 

view along highways, busy country roads or the banks of riverbeds. 

Due to rapid land development that is related to the advancement of tourism industry 

throughout Cyprus the electricity industry in Cyprus is facing serious objections to the 

construction of new transmission lines. Discussions between the transmission network owner 

and the various interested parties (central and local authorities and landowners) are very often 

prolonged resulting in serious delays for the completion of required transmission links, hence, 

reduced reliability of supply to the affected consumers. 

Very often an average time of about four years for the planning, designing, construction and 

commissioning of an overhead transmission line or a transmission substation can be delayed 

for as long as four to six years, thus making the whole time of some projects to be completed 

nearing ten years. This length of time is, from network development point of view, totally 

unacceptable requiring positive action from all interested parties, hence, the need for careful 

consideration of means to achieve “public acceptance of transmission lines and substations” 

In a recent example for the establishment of a new substation in the tourist area of the town of 

Paphos in the west part of the country EAC accepted the following endorsements from the 

District Officer and the Town & Planning Authorities in order to receive the go-ahead for the 

project that is currently under construction: 

• The 132 kV substation of total capacity of 120 MVA to be of the totally enclosed type 

with GIS 132 kV switchgear and underground cable connections to the transmission 

and distribution network. 

• The transmission connection to the rest of the network to be a synthesis of the 

following: 

A double circuit overhead line with lattice type towers of total length 2,8 km 

A double circuit overhead line with monopole compact towers of total length 3,6 km 

A double circuit XLPE underground connection to the substation of length 0,6 km 

2003-200-0005 28 March 2003

On completion of an access high way road (within three to four years) that shall connect the 

tourist area to the rest of the town, the underground connection to be extended backwards and 

replace the above referred compact type overhead line of total length 3,6 km. 

2003-200-0005 29 March 2003

CZECH REPUBLIC 

Public acceptance for new transmission lines and substations 

In the enclosure you can find a fulfilled table with an overview about the basic legal laws and 

regulations regarding the building or extension of new substations or overhead lines in Czech 

Republic. 

Safety areas of overhead lines and substation are as follow: 

• the boundary of right of way is in the distance of 

• 12 m from the outer phase conductor of OHTL 110 kV 



• the boundary of right of way for substation is in the distance of 30 m from landed estate 

that belongs to the substation (outdoor fence) 

Within the right of way is strictly forbidden to build any overground constructions, carry out 

any activities dangerous for the equipment and grow plants higher than 3 m. An exception 

may be given by ČEPS, a. s. 

The new building and extension of existing equipments is regulated by the “Building Law”. 

This law defines the process of preparation and carrying out of particular projects including 

the list of parties that have to approve the solution. 

During preparation and building of substation or overhead line must be kept all rules and 

standards relating to technical, ecological and other aspects of public requirements. 

Because of we haven’t built any new substation or overhead line in the last several years our 

direct experiences are limited. But we can say that main problem with new building or 

extension is to get approvals of landowners that means to buy a land or to burden a land with 

a limitation of using in the case of overhead lines. Technical, ecological and other 

requirements hasn’t been actual obstacle. 

In the cases of extension or refurbishment of substations and OHTL we have to solve 

problems with the quality and cleanness of water flowing out of substation, a noise level and 

in oldest substations with contaminated soil (transformer oil). For example: 

• substitution of old transformers – in many cases it means to refurbish the transformer 

site including mining by oil contaminated soil under the transformer and reclamation of 

it 

• cleaning of water polluted of transformer oil – we use the cleaning stations based on 

using fly ash from power station (very simple and effective solution) 

• anti-noise measurements – in last case we have put a transformer 400/110 kV, 250 

MVA in special container, usually we solve this problem with building anti-noise walls 

or by using a new transformers with low noise-level 

• replacing of special components of OHLT – to avoid for instance radio interference 

effects on bounded phase conductors there is necessary to replace existing spacers for 

the new ones (damping spacers). 

2003-200-0005 30 March 2003

The law no. 458/2001 Sb. (so called “Power energy law”) deals in Czech Republic with 

compensation of landowners for using their land for construction and operation of 

transmission equipment (overhead lines and substations). 

Before the local authorities give a permission to construct a new substation or overhead line 

the Transmission grid company has to have an agreement with owner of the land (contract) 

about encumbrance set up – that is agreement with construction of a new substation or 

overhead line on the landowner´s land. The landowner has a right to get one-shot payment for 

his property or for limitation of using of his property. Level of payment is calculated with a 

help of other laws and regulations e.g. law no. 151/1997 Sb., no. 289/1995 Sb. or regulation 

no. 55/1999 Sb. Result of the payment level depends at the end on results of negotiation 

between a landowner a company. When the results of negotiation are negative local 

authorities have possibilities to make decision and eventually a court. By construction of 

substation the company buys always the needed land. By construction of overhead line the 

company buys or rent the land for construction of towers. 

For operating of substations and overhead lines are defined safety areas where are forbidden 

some activities e.g. growing of plants higher then 3 m. Theoretically should the landowner 

maintain this safety areas. Actually does the maintenance the company on its own costs. With 

a landowner is necessary to agree the way how to use the wood which is still a property of 

landowner. 

From: ČEPS, a. s. Czech Republic 

Ing. Petr Zeman, zeman@ceps.cz 

Prague, 18.5.2001 

2003-200-0005 31 March 2003

DENMARK 

Public Acceptance of Transmission Lines and Substations – Process of Approval 

In order to build new transmission lines and substations you need approval according to 2 

sets of legislation: 

• The Electricity Act 

• The Planning Act 

In relation to the Electricity Act the need for the transmission line must be shown. 

In relation to the Planning Act the siting of the transmission line and of substations must be 

approved. 

As Denmark has a minister of Economy and Industry the approval according to the two laws 

in the end is in the hand of one minister. 

1. The Electricity Act 

In order to build new transmission lines of more than 100 kV an approval by the minister of 

Economy and Industry (Danish Energy Agency) is needed according to the Electricity Act. 

The approval focuses on the need for the line. The most important justifications are: 

• The need to collect electricity from new generating installations. A recent example is the 

building of major off shore wind turbine farms 

• Security of supply. A recent example is a weak part of the grid in western Denmark 

It is yet to be seen if the proper functioning of the Internal Energy Market is a valid 

justification. Elements of that sort have been incorporated in recent applications. It has 

caused some public debate and in the approvals it is apparently not mentioned. 

2. The Planning Act 

The Planning Act regulates most aspects of physical planning. The planning – including 

approvals – is done at 3 levels: 

• Local (by the municipalities) 

• Regional (by the county administrations) 

• National (by the minister of Environment and Energy) 

A new transmission line in order to be built must be incorporated in the regional plans of the 

counties in question. The regional plans are made every 4 years, but a new line can be 

incorporated as an addendum within the period. The approval procedure focuses on the siting 

of the line and the visual impact. EMF is also discussed – relating to dwellings close to the 

planned line – but seems not to be a major issue now. The approval process in itself does not 

go very much into details. However the Environmental Impact Assessment carried out at the 

same time does this and ensures the strong involvement of the public plus illustration of 

alternative solutions. 

2003-200-0005 32 March 2003

It is important to be aware, that the national planning authority can issue guidelines for the 

regional planning and can even overrule regional decisions. In a recent case two county 

administrations decided differently on the same line and the minister (the national planning 

authority) took the final decision. 

The local planning is relevant in relation to siting of substations. 

3. Experiences 

Both the regional approval procedure and the EIA public phase to some degree creates 

obstacles to the planning of the transmission company. However, acceptable changes to the 

project normally leads to an approval in the end. Among the changes necessary have been 

change of trace and cabling at especially sensitive areas. In one case – a feeder line for an 

international DC interconnector – the call for cabling resulted in a major piece of DC-line on 

land. 

Concerning the visual impact an increasing focus is on tower designs, and in a recent case a 

design competition is part of the planning process of the transmission company. 

2003-200-0005 33 March 2003


FINLAND 

Transmission Line Building 

Fingrid Oyj, the operator of the national electricity transmission grid in Finland, is 

responsible for the operation of the Finnish power system. The company owns practically the 

entire transmission grid in Finland and all the foremost connections beyond the national 

borders. There are approximately 14,000 kilometres of transmission lines and almost 100 

substations. 

Grid operation in Finland requires a related permit, and Fingrid's operations are affected by 

several important obligations stipulated in the Electricity Market Act. Fingrid is responsible 

for the unrestrained transmission of electricity in the national grid. 

The planning and building of a new transmission line is a multi-phase process governed by 

law with the landowners and other interest groups having an opportunity to influence the 

progress of the process. In this process, attention must be paid to financial and technical 

utilitarian viewpoints and also to land use and environmental aspects. 

The redemption and building of transmission lines is affected by the following laws, among 

others: 

1. Act on the Amendment of the Act on The Environmental Impact Assessment Procedure 

(5 March 1999) and Decree on the Environmental Impact Assessment Procedure (5 

March 1999) 

2. Electricity Market Act (17 March 1995) and Decree (7 April 1995) 

3. Act on the Redemption of Immovable Property and Special Rights (29 July 1977) 

4. Building Act (5 February 1999) and Decree 

5. Antiquities Act (17 June 1963) 

6. Nature Conservation Act (20 December 1996) and Decree (14 February 1997) 

The total transmission line process includes two main phases. 

The Environmental Impact Assessment procedure (EIA): 

• Assessment Programme 

• Assessment Report 

The Building Phase: 

• Building Permit 

• Field Investigations 

• Detailed Planning 

• Redemption Procedure And Handling Of Compensations 

2. Environmental Impact Assessment procedure (EIA) 

A building project for a transmission line of at least 220 kilovolts (kV) and more than 15 

kilometres in length starts through the Environmental Impact Assessment (EIA) procedure. 

2003-200-0005 34 March 2003

In the case of building projects for transmission lines below 220 kV, potentially causing 

significant adverse environmental impacts, the Finnish Ministry of the Environment makes 

the decision concerning the necessity of the EIA procedure. 

The EIA procedure, which is based on law, investigates the immediate and long-term 

environmental impacts of significant projects. The objective of the procedure is to involve 

environmental issues in planning so that they have a role equal to financial, technical and 

social aspects. 

The EIA procedure also enhances the opportunities of landowners and other interest groups 

to obtain information, participate in the process and influence issues which are important to 

them as early as during the planning phase. 

The various alternatives of the project are examined in the procedure – including the socalled 

zero option, where the line is not built at all – and the following impacts, among 

others, are also assessed: 

• Impacts on human health, living conditions and comfort 

• Impacts on soil, water, air, climate, vegetation, life forms and biodiversity 

• Impacts on community structure, buildings, landscape, townscape and cultural legacy 

• Impacts on the utilisation of natural resources and on their mutual interdependence 

3. Phases of the EIA procedure 

3.1 Assessment programme 

At the first phase of the EIA procedure, Fingrid draws up an assessment programme, i.e. a 

working plan of which impacts and alternatives are to be investigated and how. The 

assessment programme is announced in daily newspapers and displayed for public inspection 

for at least one month, usually for two months. During this time, it is possible to submit 

comments and complaints concerning the programme. In addition to authorities, all those 

whose circumstances or interests are affected by the project can submit statements concerning 

the programme. 

Next, the regional environment centre compiles the statements and remarks made of the 

programme, and based on these, it submits its own statement to Fingrid for the drawing up of 

an assessment report. 

3.2 Assessment report 

The assessment report describes the environmental impacts of the project. The report is 

announced and informed as above and displayed for public inspection for 30 to 60 days, 

during which time it is possible to submit remarks and complaints of the report. 

The regional environment centre compiles these remarks and statements by authorities and 

gives its own statement, after which Fingrid decides what type of a solution it will pursue. 

2003-200-0005 35 March 2003

4. EIA as a support for decisions 

Fingrid carries responsibility for the contents of the permit application – i.e. for what type of 

a line route the application for the redemption permit will concern. In the making of this 

decision, the Environmental Impact Assessment is used to support decision-making. 

When applying for a building and redemption permit for a 400 kV transmission line, the EIA 

report must be appended to the application. 

The EIA procedure usually takes 12 to 18 months. 

5. The building of a transmission line 

The building of a transmission line can begin only after an agreement has been made of the 

repossession of the related areas or after the government has granted a permit for the project. 

5.1. Building permit 

The Electricity Market Authority takes a stand on the necessity of the line project when it 

handles the building permit application prescribed in the Electricity Market Act. 

5.2. Field investigations 

Field investigations relating to the line route require a permit from the State Provincial 

Office, granting Fingrid the right to examine the line route with alternative routes. 

All relevant landowners must be informed of the field investigations 7 days before they start. 

If necessary, field investigations can be started already during the EIA procedure. Potential 

damage caused during the field investigations is compensated for either during or after the 

investigations. 

5.3. Planning 

The final line route and the locations of towers are planned on the basis of the field 

investigations, and the tower locations are marked in the terrain. 

At this stage, landowners can still present their own views. 

2003-200-0005 36 March 2003

E I A P H A S E: 

ASSESSMENT PROGRAMME(FINGRID) 

▼ 

ASSESSMENT PROGRAMME IS DISPLAYED FOR PUBLIC INSPECTION 

▼ 

REMARKS AND COMPLAINTS 

(LANDOWNERS, AUTHORITIES, MUNICIPALITIES ETC.) 

▼ 

STATEMENT BY THE ENVIRONMENT CENTRE 

(REGIONAL ENVIRONMENT CENTRE) 

▼ 

ASSESSMENT REPORT IS PREPARED 

(FINGRID) 

▼ 

ASSESSMENT REPORT IS DISPLAYED FOR PUBLIC INSPECTION 

▼ 

REMARKS AND COMPLAINTS 

(LANDOWNERS, AUTHORITIES, MUNICIPALITIES ETC.) 

▼ 

STATEMENT BY THE ENVIRONMENT CENTRE 

(REGIONAL ENVIRONMENT CENTRE) 

▼ 

FINGRID'S DECISION CONCERNING THE LINE ROUTE 

WILL BE USED AS THE BASIS FOR FURTHER PLANNING 

EIA PROCEDURE FINISHES 

B U I L D I N G P H A S E: 

▼ 

BUILDING PERMIT 

(EVALUATION OF THE NECESSITY OF THE LINE BY ELECTRICITY 

MARKET AUTHORITY) 

▼ 

FIELD INVESTIGATIONS 

(FINGRID, BY VIRTUE OF PERMIT FROM STATE PROVINCIAL OFFICE) 

▼ 

DETAILED PLANNING OF LINE TOWER LOCATIONS 

(FINGRID) 

▼ 

HEARING OF LANDOWNERS OR ADVANCE AGREEMENTS 

(FINGRID) 

▼ 

HANDLING OF REDEMPTION PERMIT APPLICATION 

(MINISTRY OF TRADE AND INDUSTRY) 

▼ 

REDEMPTION PERMIT 

(GOVERNMENT) 

▼ 

REDEMPTION PROCEDURE AND COMPENSATIONS TO LANDOWNERS 

(LOCAL SURVEYING OFFICE/REDEMPTION BOARD) 

2003-200-0005 37 March 2003

6. Redemption permit application 

The redemption and advance repossession permit application concerning the line area is 

handled by the Ministry of Trade and Industry. The appendices of the application must 

include appropriate maps, specification of redeemed areas, EIA report as well a statement by 

the contact authority concerning this report. 

Before this, there is either a hearing meeting for the parties concerned, prescribed by the 

Redemption Act, or Fingrid attempts to make advance agreements with the landowners 

concerning the building of the line. 

The Ministry of Trade and Industry requests the necessary statements from authorities, 

municipalities and those parties concerned who have not made an advance agreement with 

Fingrid and who have not been heard otherwise. 

After obtaining all the statements, the Ministry requests Fingrid to submit an answer to them. 

7. Redemption permit 

The Finnish Government grants the redemption and advance repossession permit, and an 

appeal against it can be lodged with the Supreme Administrative Court. The handling of the 

redemption permit usually takes 6 to 12 months. 

8. Redemption procedure and compensations to landowners 

The Government decision concerning the redemption and advance repossession permit is 

delivered to the local surveying office where the redemption procedure is launched. 

The amount of compensation for redemption to be paid to the landowners is defined and 

decided by a redemption committee, which is headed by a supervisory engineer employed by 

the National Land Survey of Finland. The other members of the committee are two trustees 

appointed by the local Council. 

Fingrid is not represented on the redemption committee and is not involved in decisions 

concerning the compensations. 

2003-200-0005 38 March 2003

REDEMPTION PROCEDURE AND HANDLING OF COMPENSATIONS 

REDEMPTION PROCEDURE 

(Redemption committee) 

STARTING MEETING 

▼ 

▼ 

▼ 

▼ 

▼ 

▼ 

▼ 

▼ 

▼ 

FURTHER MEETING 

(when the line is ready) 

▼ 

SITE REVIEW 

▼ 

FINAL MEETING 

– – – – 

– – – – 

– – – – 

Decision on advance compensations 

and advance repossession 

▼ 

Clearing of trees in the line area 

▼ 

BUILDING OF THE LINE 

▼ 

Repair or compensation of damage 

caused during the building work 

▼ 

Presenting of claims 

▼ 

Redeemer's answer to the claims 

▼ 

Presenting of compensation decisions 

▼ 

Payment of compensations 

2003-200-0005 39 March 2003

FRANCE 

This memorandum sets out the regulatory and social context for the implantation of new 

transmission grid lines in France, as well as the consultation initiatives set up the by 

transmission grid manager, RTE. 

1. The legislative and contractual framework 

1.1 The reference legislation 

The general legislation 

• The Act of 1906 on the distribution of electrical energy enacted the first organization 

for the French electricity sector. 

• The Act of 1946 on the nationalization of the electricity and gas industries created the 

EDF and GDF. 

• The Act of February 10 2000 transposes the directive of February 19 1996 on the 

internal electricity market into French law. This Act provides that the utilization, 

maintenance and development activities for the EDF network will be situated inside a 

GRT which is "managerially independent from the other activities of Electricité de 

France" (art.12). This Act also created the RTE (Réseau de Transport d’Electricité), the 

transmission grid manager, whose task is to utilize, maintain and develop the high 

voltage (90 000 Volts and 63 000 Volts) and very high voltage (400 000 Volts and 225 

000 Volts) transmission grid, whilst “ respecting the environment ”. This grid is 

upstream of the public distribution grids, which are the responsibility of the 

transmission network managers. (GRD). 

The legislation on environmental protection 

• The Act on protecting nature of 1976 which enacted the protection of nature as a legal 

concept. 

• The decree of application of 1977, which introduced the impact study and the public 

inquiry. 

• The Act of July 12 1983, which democratised public inquiries. 

• The Barnier Act of 1995 broadened this right of participation to citizens, by creating a 

“National Public Debate Commission”, responsible for organising Public Debates 

connected with the big development operations when they have a strong socioeconomic 

impact or an significant influence on the environment, and creating the 

possibility of recourse to a cross appraisement. 

The contractual framework and “good conduct ” 

• The agreement which was signed between the State and EDF in 1992, which changes 

with the State-Company agreement of 1997, and the draft agreement which is in the 

process of being signed at the present time, brings in a three phase consultation (on the 

study area, the zones and the detailed route) with more players than before: elected 

representatives, Government departments, and associations). 

• The “1997 Consultation Charter ” defines the procedures for organising the 

consultation by introducing two new concepts: the possibility of appointing a 

2003-200-0005 40 March 2003

"guarantor" for the consultation (mediator) and differentiating the project's consultation 

from the consultation on the program which it is part of. 

The legislation on the safety of installations 

The technical Order of May 17 2001 governs the “ technical conditions, which energy 

distribution must satisfy ”. 

1.2 The consultation procedures for electricity lines 

The consultation begins very upstream of the projects. It brings all of the parties together 

(government departments, representatives, associations, etc) and comprises several stages: 

• Confirmation of the project’s technico-economic value: by the Industry Ministry for 

225 or 400 kV structures or its decentralised departments (The Industry’s Regional 

Management’s for Research and Development) for lower voltage structures (63 and 90 

kV). 

• The choice of the study area is the first phase of the consultation, and is carried out 

under the aegis of the Prefect. The RTE presents the main environmental constraints in 

the study and is assisted by a firm specialising in impact studies. The Prefect chooses 

the final study areas, after consulting the players involved. 

• After an in-depth study of the study area with its environmental constraints, the RTE 

proposes several possible zones with the associated impact reduction measures. These 

are examined in a consultation meeting, and the Prefect endeavours to obtain consensus 

on the part which is considered to have the least impact. The Industry Ministry (for 400 

or 225 kV lines) the Prefect (for 90 and 63 kV lines) endorses this choice (or arbitrates 

if required). 

• If the National Public Debate Commission is referred to (normally once the study 

area has been demarcated and all of the constraints established, and for the 400 kV lines 

of over 10 km in length only) the Commission can instruct a Special Committee to open 

a public debate on the “project’s main objectives and characteristics”. At the end of 

this debate, the Special Committee draws up a report, which enables the competent 

authorities to decide whether or not to continue with the project. 

• At the end of the consultation, a request for a Declaration of Public Utility (DUP) is 

sent to the competent government authority (Prefect or Industry Ministry). The Prefect 

then carries out a government investigation, and the public inquiry begins. This 

purpose of this inquiry is to inform the public and to enable the public to take part 

before the works are carried out. The impact study, which is carried out gradually 

during the consultation, is the central part of the public inquiry. 

• The Prefect draws up a synthesis of the results of the administrative consultation and 

the public inquiry. He is then able to sign the DUP for 63 and 90 kV lines. The 

Industry Ministry signs the DUP for 225 and 400 kV lines. 

• The detailed route is updated in consultation with the owners concerned and with the 

public authorities, which examine the demand for the approval of the final plan, with 

the Town Hall and department involved. The latter check the structures’ regulatory 

conditions, notably regarding safety. The minimum safety distances vary according to 

the level of voltage involved, and the use of the land crossed. For example, for 

farmland, the minimum distance is 6.50 m for 63 and 90 kV lines, 7.10 m for 225 kV 

lines and 8.00 m for 40000 kV lines. 

• A building permit (granted by the Prefect) is also required for aerial cables. 

• At the end of the dialogue phase with the owners, RTE recommends to each owner that 

they sign a friendly right of way combined with an indemnity to compensate the 

2003-200-0005 41 March 2003

prejudice to easements due to the presence of the structure. This agreement specifies 

the RTE’s and the owners’ rights and obligations. (Penetrating priorities, pruning, etc) 

If there is a disagreement, an easements investigation is launched, which results in the 

establishment of easement encumbering the lots affected by the Prefectoral order 

approving the detailed route. 

1.3 The special case of stations 

The consultation procedures for the stations as well as the lines are similar. However, there is 

a difference in size. The RTE must acquire the land on which the station will be built: there 

must therefore be no easements. The procedure for purchasing the land is by way of private 

agreement as far as possible. If this is unsuccessful the DUP demand procedure is necessary. 

It results in a compulsory purchase order, leading to a transfer in title to RTE. 

2. Developments in Society 

2.1 Changes in public opinion 1 

Public opinion in general considers that the lines cause comparatively little interference 

compared to other infrastructures or industrial sites. This level of acceptance is relatively 

stable over time 

“In your view, which of the following two installations cause the most interference for 

inhabitants living close to them?" 

1996 1998 2000 

An airport 51.3 53.8 59.6 

An underground storage site for nuclear waste 40.6 37.4 32.3 

A chemical factory 38.7 36.7 34.6 

A rubbish tip 30.5 35.9 30.8 

A nuclear power station 16.8 14.6 15.4 

A motorway 9.2 8.4 10.7 

A high voltage electricity line 7.7 7.2 7.9 

A Express train rail track 2.8 1.5 2.5 

However, more and more French people think that electricity lines can affect the health. 

"Can the presence of high voltage electricity lines affect the health of people living close to 

them?" 

1996 2000 

Yes 27.9 34.0 

No 17.4 12.7 

I don’t know 54.4 52.1 

1 All of the data presented here is drawn from the EDF – R&D Environment Barometer 

2003-200-0005 42 March 2003

Lastly, public opinion considers that a “right of refusal” for people living close to a large 

infrastructure project is justified. This rate is also increasing. 

"When there is a risk that the local residents will suffer inconvenience caused by a large 

project such as a rail track, a motorway or a canal, would you say that it was necessary to: 

1996 1998 2000 

Grant these local residents the right to refuse the project 58.4 58.8 60.3 

Maintain the project by correctly indemnifying these 29.6 

inhabitant 

27.5 27.2 

No opinion/NA 12.0 12.7 12.5 

2.2 The change in opposition to lines 

Before the end of the 1980’s, the consultation only involved Government departments and the 

town halls 2 . The local residents learnt of the existence of the project when the approaches for 

amiable agreements were made, and logically, the opposition arose at this moment. This 

opposition usually involved a well-defined, tricky route (close to houses, etc) and was 

sometimes violent (sabotage of building sites, opposition to works, with the involvement of 

the police, EDF agents threatened, and even a murder). 

The nature of the opposition has changed since the end of the 1980’s: it appears more 

upstream of the project (from the announcement of the project), is no longer violent (the 

people living close by are no longer faced with a fait accompli) and higher "general" 

arguments are used (lack of public utility, principle of precaution, polluter-payer, insufficient 

public involvement, for a different energy policy etc.) 

The movement has set up a minimum of coordination during the 1990’s: a federation of anti- 

THT associations was created in 1993, and a web site appeared in 1999 hosted by the antinuclear 

associations. 

Lastly the opposition is not afraid of using legal proceedings as a weapon against the 

developer. 

This change can be explained by three main factors: 

• The credibility of the public authorities has weakened following cases of corruption, 

and economic globalisation, especially in the health field (the cases of contaminated 

blood, mad cow’s disease, asbestos, etc) In addition, democracy is changing: more 

decentralisation and delegation of the State’s powers (the increase in semi-public 

companies, and associations under the Act of 1901) is leading to a higher demand for 

involvement in public decisions (particpative democracy). This demand is intensified 

and assisted by the development of new interactive systems of communication 

(Internet, etc) and by the appearance of new ways of public involvement (we are 

changing from informing on to the co-construction of the decision). 

• Environmental protection is becoming a strong value (it is one of the two leading 

values which the French would like to pass onto their children 3 ). The territory is 

becoming an identity reference factor, and environmental protection, like 

humanitarianism, a value that permits the expression of citizenship. 

2 The public inquiry was only set up in 1985 for the THT lines 

3 Crédoc, 1993. 

2003-200-0005 43 March 2003

• Rural areas, which comprise the vast majority of the land which the lines cross 4 , are 

changing: less than 20 % of jobs in rural areas are farming jobs. 

Therefore, overall, the opposition between "individual interests" and "general interests", 

which occurred up to the end of the 1980’s is being replaced by a general interest to construct 

a debate between different types of collective interests (landscape protection, economic 

development, quality electricity supply, pleasant living environment, etc) 

In the face of this development, RTE is providing responses which are both technical but also 

communication based. 

3. Technical and communication based responses 

The increasing demands regarding the living environment are leading the RTE to intensify 

the use of techniques, which are adapted to these challenges, in cooperation with local 

authorities. This mainly involves the growing use of burial solutions, painting pylons, 

developing architect designed pylons, and using techniques to simulate the impact of the lines 

on the landscape. 5 . These measures will be made possible through a Project Accompanying 

Plan from the signature of the next agreement with the State. The budget planned for this 

(from 8 to 10 % of the amount of the investment) can, as the local authorities involved 

decide, be used for local development projects instead (durable development). 

Km de circuits 

3500 

3000 

2500 

2000 

1500 

1000 

500 

0 

31/12/46 

Evolution du stock souterrain entre 1946 et 1999 

31/12/55 

31/12/65 

31/12/75 

31/12/85 

Années 

31/12/90 

31/12/95 

The consultation initiatives, which are stipulated in the legal and contractual framework, are 

applied, but also prolonged by RTE. In effect, many information meetings, in groups or face 

to face are organised in order to be able to really construct the project in cooperation with 

all of the players concerned. 

4 

94 % of the local council areas crossed by the lines have less than 2000 inhabitants. 

5 

Multicriteria studies also form part of the range of tools tested by EDF. However, their use has not been 

totally satisfactory. 

2003-200-0005 44 March 2003 

31/12/99 

km circuits HT 

km circuits 225 kV

In addition, throughout the project, the RTE keeps the players involved in the project 

informed by placing advertisements in municipal newspapers or the daily and regional press 

(PQP), as well as brochures presenting the project (consultation phase, public inquiry phase, 

building site phases, etc). They often have a “ reactions ” column where the players involved 

in the consultation are invited to express their opinions. 

Sometimes, some key players (chamber of commence and industry, farming associations, 

breeders, veterinary surgeons, doctors, etc) receive targeted information. 

The opponents to the plan often hold public information and awareness meetings, which the 

RTE is often invited to, with other experts, to give its views on the project's utility and the 

general themes such as electromagnetic fields. For this theme, RTE and EDF have installed 2 

“ debaters” 6 per administrative region, who are responsible for intervening in the field to 

provide information to the CEM. In addition, steps are taken each time that the local residents 

request it. 

6 An occupational health doctor and an engineer 

2003-200-0005 45 March 2003

1. General 

GERMANY 


In Germany the demand for electricity has shown no significant increases for years now. In 

various regions profound structural changes are taking place that are having effects on the 

high-voltage grid structures that need to be maintained. 

With this in mind and given the fact that many transmission lines and substations are now 

several decades old, the operators of the power grids which have developed over the years -- 

with voltage levels of 110 kV, 220 kV and 380 kV -- are faced with new tasks that include 

the following main focuses: 

• downsizing of the 220 kV grid 

• cost-cutting measures 

• grid maintenance 

• grid renewal / 1 : 1 replacement 

An enlargement of the grids will not take place; instead, a new strategy will be followed, e.g. 

the replacement of 220 kV overhead transmission lines with 380 kV lines or the creation of 

ring networks in the 110 kV grids. 

The licensing procedures necessary for this are carried out in an established legislative 

framework. The latter has undergone strong change in the recent past and led to a drastic 

change of economic framework conditions, e.g. as a result of deregulation of the electricity 

market. 

There has also been a change in the spirit of the times. Public attitudes towards futureoriented 

projects and technologies play a significant role in public acceptance and the 

importance of this role should not be underestimated. 

2. Assessing the technical acceptability of new transmission lines and substations 

In the course of efforts aimed at grid optimisation there is a need to assess legislative and 

environmental framework conditions, public attitudes, and the possibility of implementation 

under private law, before a plan is formulated for a new transmission line or a new substation 

and an official licensing procedure initiated. 

In the framework of the feasibility studies that have to be carried out for this purpose there is 

a need to analyse exclusion criteria (knockout points) for the intended transmission lines or 

substation locations in order to ensure a large measure of planning security for the further 

steps to be taken. The following focal criteria need to be taken into account: 

2003-200-0005 46 March 2003

Situation assessments: 

Situation assessments need to be carried out with regard to public and private interests in 

connection with the intended routes for overhead transmission lines as well as with land for 

substations. 

The construction of a transmission line as a standard overhead line, a compact overhead line 

or a cable, as well as voltage levels need to be assessed and evaluated. 

The following needs to be taken into account in connection with the use of high-voltage 

cables, in addition to the various energy-sector functions of the power transmission and 

distribution grids: 

Socio-political and regional planning factors: 

Society needs electricity as a product and wants to have it, but not the accompanying 

electricity generation and transmission facilities, particularly when the latter are highly 

visible. 

Cost effectiveness 

Transmission cables are more expensive than overhead transmission lines. 

Cost ratio overhead lines / cables: 

• 110 kV level 1 : 3 to 1 : 7 

• 380 kV level 1 : 10 to 1 : 20 

Physical and technical characteristics: 

A three-phase cable is suitable for transmission distances of not much more than 10 km, 

whereas overhead lines are suitable for distances of 100 km and more. 

For a substation it needs to be clarified, depending on location and local conditions 

(buildings, nature protection, water regulations, environmental regulations) whether it can be 

constructed open-air-style, in a hybrid manner, or in an enclosed structure. 

If and when a planning and feasibility study is completed with a positive outlook official 

procedures can be initiated. 

3. Regional planning procedure 

To achieve the objective of having a secure, low-cost, and environmentally acceptable energy 

supply the following rules should be followed in looking for and deciding on suitable routes 

for transmission lines as well as suitable land for substations: 

• Minimisation of and compensation for the encroachment on nature and the natural 

landscape 

• Adjustment to local conditions 

• The design and routing of overhead transmission lines must be adapted to the 

circumstances of local communities, landscape, and settlement structures. The same 

applies with regard to substations. 

• Construction of grid connections in the light of economic and environmental factors. 

2003-200-0005 47 March 2003

4. Licensing procedure under public law 

What is involved here is a licensing procedure under public law (since 3 August 2001 an 

official plan approval procedure) for overhead transmission lines that combines all the 

permits needed in this connection, taking into account the corresponding laws and 

regulations. This includes the following permits: 

• a permit under nature protection legislation 

• a permit under forestry protection legislation 

• a permit under water protection legislation 

• a permit under monument protection legislation 

• a building permit 

• a permit under legislation regulating roads and highways 

• a permit under legislation regulating civil aviation 

• a permit based on an environmental impact assessment in accordance with EU 

directives 

• a permit based on a flora, fauna, and habitat impact assessment in accordance with EU 

directives 

• a permit based on a regulation regarding electromagnetic fields on the basis of 

IRPA/ICNIRP recommendations 

Permits must be obtained under private law to use land for the placement of pylons for 

overhead transmission lines and to allow overhead transmission lines to pass over private 

property. 

This produces a transmission line corridor in which no building or farming activities may be 

carried out that would pose a threat to the transmission line. The width of the corridor 

depends on: 

• the voltage level 

• the height of the pylons 

• the length of the span 

and can be a maximum of two times 40 meters. 

As a rule, transmission lines and substations are purchased. Approval of the building and 

operation of these facilities is issued in accordance with: 

• legislation on the protection of nature 

• legislation on the protection of landscapes 

• legislation regulating environmental impact (noise, electromagnetic fields) 

• legislation regulating the construction of buildings 

• legislation regulating the protection and use of water 

5. Communication management 

A stringent communication strategy must be followed right from the beginning of a project 

involving the construction of transmission lines or a substation. The objective is to achieve a 

positive attitude by the public towards the realisation of planned measures under 

circumstances that are as free of dissension and emotion as possible. 

2003-200-0005 48 March 2003

The basis for this is the early involvement of all the parties concerned by providing them with 

objective, open, wide-ranging, and easily understandable information. This can be achieved 

by using the following communication instruments: 

• town meetings 

• backgrounders for the press 

• one-on-one conversations 

• presence at public events 

• video animations 

• project brochures and polls 

The point in time for presenting information to the general public must be selected very 

carefully. 

The policy on information should be that it is open, understandable, and adapted in content to 

the needs of the target group. 

The target groups in this context are: 

• the population affected 

• political leaders, representatives of public administration 

• civic initiatives 

• churches, business associations, and private organisations 

Understandable information should be provided on the planned project with the following 

content: 

• importance of the project for the energy sector in terms of the interest of the general 

public in having a low-cost and reliable power supply 

• questions regarding transmission line routes and substation locations 

• necessary approval procedures 

• technology used 

• effects on health and the environment 

• information contacts (free telephone hotline) 

Feedback on communication effects could be determined, for instance, by a polling institute 

on the basis of a telephone poll, making use of a random dialling system. 

Polls of this kind should focus on the following points: 

• clarity / intelligibility 

• further information needs 

• personal attitude towards the project 

2003-200-0005 49 March 2003


ITALY 

Building of a new transmission facility 

Italian electric industry has recently gone through a deep process of change, in order to 

comply with Act n. 79 of 16 th march 1999, implementing Directive 96/92/EC. 

Referring to transmission sector, Act n. 79/99 stated the division between national grid 

operation and ownership, thus creating the new figure of the Independent System Operator 

(ISO), further called GRTN. 

In figure 1 here below it is represented the splitting of responsibilities between ISO and the 

owners of facilities that have been included in the national transmission grid. 

Guarantee Safety, Reliability 

and Efficiency 

Manage Power Flows 

Decide Maintenance 

Interventions 

Identify and Deliberate 

Grid Development 

Required to provide connection 

to other parties 

2. Grid development plan 

ISO 

Agreement 

- Remuneration 

- Service Obligation 

Operation 

Maintenance 

Grid 

Development 

OWNERS 

Remote Control 

Management 

Maintenance 

Execution 

Development 

Execution 

Grid Ownership and 

Utilisation Under Constraints 

Grid Optimisation 

Monitoring and 

Technical 

Conditions 

Evaluation 

By the end of each year, GRTN is in charge of the preparation of a proposal for a three-year 

grid development plan. The proposal has to be first discussed with the owners of the 

transmission facilities and then notified to Regional Authorities for aspects of siting and to 

the Ministry of Industry for approval. 

2003-200-0005 50 March 2003

Grid development plan mainly aimed at: 

• overcoming transmission capability limits between different areas of the country 

• enabling new power plants to access the grid 

• responding to the growth of electricity consumption 

• mitigating the environmental impact of the transmission facilities 

Grid development plan also stated the entity responsible for executing each work included in 

the plan, i.e. an owner of transmission facilities in case of works interesting an extension of 

the existing grid or the winner of a tender process in case of works related to new facilities. 

3. Legislative framework for new transmission facilities 

Procedures for building new transmission facilities are defined in Italian Laws, i.e. the RD n. 

1775 of 11 th November 1933, as subsequently modified and integrated by DPR n. 616 of 24 th 

July 1977; the building of new transmission facilities is also affected by Act n. 349 of 8 th July 

1986, related to environmental impact assessment, and by DPCM of 23 rd April 1992, related 

to electromagnetic fields. 

New regulations are expected in order to speed up the authorisation procedure for the 

construction of new transmission facilities and to comply with the forthcoming decrees 

implementing the frame-Act n. 36 of 22 nd February 2001, related to the new accepted levels 

of electromagnetic fields. 

4. Transmission facilities building 

Here below are briefly described the activities to carry out in order to build a new 

transmission line; substations are regarded as the extremity points of a transmission line, so 

the same procedure is applied. 

4.1 Preliminary Study 

This activity is aimed at collecting all the existing cartographic materials, even aerial 

mappings, in order to identify all the existing constraints (landscape, cultural heritage, 

protected areas, town planning) related to the new transmission line. 

The output of this activity is the location of different potential routes for the new line, 

together with different technical solutions. 

4.2 Outline Project 

This activity is aimed at identifying the most suitable route between the different ones 

individuated in the preliminary study; this activity is carried out after having collected 

indications from local Authorities involved (e.g. municipalities). 

Once selected the most suitable route, all the critical crossings are studied deeply (e.g. 

highways, national roads, railways) and technical plans needed for the authorisation 

procedure are prepared. 

2003-200-0005 51 March 2003

4.3 Environmental Impact Assessment 

This activity is carried out by the Ministry of the Environment or the competent Regional 

Authority, depending on the voltage level and the length of the new transmission line, and is 

aimed at evaluating the environmental impacts of the facilities. It also gives the opportunities 

to all concerned parties to obtain information related to the project and to express opinions 

and complaints regarding issues they’re involved in. 

In order to begin the assessment, the entity in charge of the execution of the new transmission 

line has to prepare a document, called Environmental Impact Study, describing the 

environmental impacts of the facility and the different alternatives investigated. 

The output of this activity is the verdict of environmental compatibility of the new facilities. 

4.4 Authorisation procedure 

This activity starts with the submission of a request by the entity in charge of the execution of 

the new facility to the competent government Authority and is aimed at obtaining all the 

permissions needed. 

After all the permissions have been obtained, the project has to be evaluated by a special 

government commission, whose approval permits to obtain the final authorisation for the 

beginning of the works. 

4.5 Final Project and execution 

The final project for the new facility must take into account all the obligations coming from 

the authorisation procedure and includes also field investigations aiming at identifying the 

optimal distribution and location of the towers to be built. 

This activity also aims at identifying all the landowners affected by the building of the new 

line, entitled to be compensated for the permanent disadvantages they have to suffer. 

The time needed for the execution of the works may vary broadly, depending of course on the 

entity of the activities, but frequently due to the opposition of local committees, worried 

about the health effects of the exposure to the electromagnetic fields. 

2003-200-0005 52 March 2003


ITALY 

Building of new distribution facilities 

Italian electric industry has recently gone through a deep process of change, in order to 

comply with Act n. 79 of 16 th march 1999, implementing Directive 96/92/EC which stated 

the division between national grid operation and ownerships, thus creating the new figure of 

the Independent System Operator (ISO). 

As concerns particularly the distribution sector, Act n. 79/99 has established the Distribution 

Companies deputy to distribute and sell electrical energy to the “captive” customers. In Italy 

the distribution sector includes the networks with voltage level up to 150 kV. 

The distribution companies are in charge of developing their own networks that are 

connected with national transmission grid, conducted by the ISO, according to technical rules 

stated by “Autorità per l’Energia Elettrica ed il Gas (AEEG)” with Decree 28.02.01 n° 39/01. 

2. Legislative framework for new distribution facilities 

The DPR 24.07.1977 n° 616 and Laws n° 431/1985 and n° 112/98 ascribe competence to the 

Regional Administrations as concerns the authorisation procedures and Environmental 

Impact Assessment (EIA, further called VIA.) for new plants to be built. Therefore most of 

the Italian Regional Administrations have already issued a specific regional law to regulate 

the authorisation of electrical facilities in their territorial limits as well as to guide the VIA. 

The Regional Administrations which have not yet issued their regulation, follow national 

laws and Decrees apply, namely: 

• RD n. 1775 of 11 th November 1933 – related Procedures for building new distribution 

facilities, as subsequently modified and integrated by DPR n. 616 of 24 th July 1977; 

• Act n. 349 of 8 th July 1986 and DPCM of 2 nd September 1999, related to environmental 

impact assessment 

• DPCM of 23 rd April 1992 and DPCM of 28 th September 1995, related to 

electromagnetic field 

• Act n. 36 of 22 nd February 2001, related to the new accepted levels of electromagnetic 

fields (new decrees are expected in order to comply and implement the a.m. frame –Act 

36/01) 

3. Planning procedure 

To achieve the objective of assuring a secure, low-cost and environmentally acceptable 

energy supply, at planning level, suitable studies are performed in order to look for and select 

the more convenient routes for distribution lines as well as suitable land for HV/MV 

substations. Such studies aim at identify in advance the future requirements for new 

installations to meet the increase of the load and ensure adequate and pre-established service 

2003-200-0005 53 March 2003

quality levels at the lowest possible cost, whilst minimising and compensating for the 

encroachment on natural landscape. 

4. Distribution facilities building 

The activities to be carried out in order to build a new distribution line, hereafter briefly 

described, mainly concern the HV systems, that means in Italy 132 or 150 kV. 

4.1 Preliminary Study 

This activity is aimed at collecting all the existing cartographic materials, even aerial 

mappings, in order to identify all the existing constraints (landscape, cultural heritage, 

protected areas, town planning) related to the new distribution line. 

The output of this activity is the location of different potential routes for the new line, 

together with different technical solutions. 

4.2 Outline Project 

This activity is aimed at identifying the most suitable route between the different ones 

individuated in the preliminary study. This activity is carried out after having collected 

indications from local Authorities involved (e.g. Municipalities). 

Once selected the most suitable route, all the critical crossings are studied deeply (e.g. 

highways, national roads, railways) and technical plans needed for the authorisation 

procedure are prepared. 

4.3 Environmental Impact Assessment 

This activity is carried out by the competent Regional Administrations, depending on the 

voltage level and the length of the new distribution line, and it is aimed at evaluating the 

environmental impacts of the facilities. It also gives the opportunities to all concerned Parties 

to obtain information related to the project and to express opinions and complaints regarding 

issues they are involved in. 

In order to begin the assessment, the Body in charge of the execution of the new distribution 

line has to prepare a document, called Environmental Impact Study, describing the 

environmental impacts of the facility and the different alternatives investigated. The output of 

this activity is the verdict of environmental compatibility of the new facility. 

4.4 Authorisation procedure 

This activity starts with the submission of a request by the Body in charge of the execution of 

the new facility to the competent Authority and it is aimed at obtaining all the permissions 

needed. 

4.5 Final Project and execution 

The final project for the new facility must take into account all the obligations coming from 

the authorisation procedure and includes also field investigations aiming at identifying the 

2003-200-0005 54 March 2003

optimal distribution and location of the towers to be built. This activity also aims at 

identifying all the landowners affected by the building of the new line, entitled to be 

compensated for the permanent disadvantages they have to suffer. 

The time needed for the execution of the works may vary broadly, depending of course on the 

entity of the activities, but frequently due to the opposition of local committees, worried 

about the health effects of the exposure to the electromagnetic fields. 

2003-200-0005 55 March 2003

LUXEMBOURG 

Environmental Impact Assessment of new High-Tension Overhead Lines ≥ 65 kv 

Standard Specification 

The information to be provided within the scope of specifying the environmental impact of 

the project must include at least all the factors covered by Article 7 (and Appendix II) of the 

Grand-Ducal Decree of 4 March 1994 on the environmental impact assessment of certain 

public and private-sector projects (see Annex 2). 

This standard specification applies to high-tension overhead lines ≥ 65 kV. 

The assessment must follow the following pattern: 

1. Descriptive summary 

1.1 General information on the operation of the grid 

General information on the grid, its operation and planning are shown in the appendix. 

1.2 Description of the project 

The principal must issue an analysis of the necessity of the new work, including a study of 

any alternatives, in the impact assessment. 

The principal must provide clear information on the purpose and characteristics of the work. 

1.2.1 Justification for the work 

The description of the justification of the work must be based upon factors specified in 

Section 1.1 General information … above. Justification will therefore emerge from one or 

more of the criteria specified in the general description of the grid and will expressly include 

the application of the principles stated in Section 1.1 to a specific case. The precise figures 

for the factors behind the new project must be included in the report submitted. 

As CEGEDEL has committed itself to cooperate with the government under the agreement of 

26.4.1995 in examining any alternatives when carrying out new work, the advantages and 

disadvantages of the various solutions analysed (alternative route, feasibility of on-site 

production, etc) must be stated. The distribution of burdens must be shown: 

• for each alternative 

• for normal use of the line and for critical cases 

1.2.2 The technical characteristics of the work 

The reader must be able to gain a precise impression of the work. The section entitled 

“Technical characteristics” must take the form of an illustrated report containing various 

2003-200-0005 56 March 2003

short articles aimed at any audience and giving accurate information on the precise type of 

line intended. 

The illustrations must include a scale reference (person, animal, vehicle, etc) so that the 

dimensions of the work may be properly ascertained or show the various technical 

possibilities. In particular, the various types of mast likely to be used must be shown. 

2. Assessment of the impact of the line on the natural and human environment 

2.1 Definition of the limits of the assessment 

2.2 Analysis of the current situation 

The purpose of the analysis of the current situation is to reveal the potential for transmission 

line routes. In order to draw up an initial statement of the scope of the assessment, the 

principal must register the various exiting milieus and analyse their sensitivity to a line. For 

this purpose, the principal must specify an analytical method and analysis criteria or factors, 

adjusted for the area or areas crossed. 

2.2.1 Subjects of analysis 

Analysis of sensitivities is based on knowledge of a transmission line, which is reviewed in 

brief below. 

Habitat 

The assessment must verify that the rules governing the presence of the intended line near 

centres of population, issued by the responsible authority, are being or will be observed (c.f. 

2.8). 

Agriculture 

A transmission line, like all equipment, occupies ground. In this respect it may appear to 

interfere with some human activity. As the greatest length of line routes is in rural areas, the 

activity primarily affected is agriculture, by far. 

The impact of a line on agriculture is extensive and well-established: loss of yield due to 

pylons, loss of time due to detours around pylons, risk of breakage of machinery, difficulties 

in using wide-gauge machinery close to pylons, weedkiller costs, interference with crop 

spraying, effect on irrigation, drainage, and water spraying. 

Forestry 

The passage of a line through woodland may have an effect on forestry. The intended line 

risks devaluing forested areas in or to the side of the cut to be made. The resultant losses 

suffered by the owner must be analysed. 

Natural environments 

Natural environments are also affected by the presence of the line. The passage of a line 

through the forest entails cutting through woodland, causing damage to nature to a greater or 

lesser extent. It is important to establish good environmental management of the cuts. 

2003-200-0005 57 March 2003

It is advisable to conserve some particularly sensitive milieus (peat bogs, chalk grassland and 

sites of special scientific interest) and to be able to determine the routes with the least 

ecological impact. 

Avifauna 

Avifauna is also affected by the passage of a line. In fact, in certain areas which are now 

easily identifiable, collisions of birds with the line and electrocution occur, entailing an 

unacceptable mortality rate for protected species. 

Landscape 

The visual impact of the line is often important. The line is an “industrial” item which 

represents contemporary civilisation. Its conflict with a “natural” or historical landscape may 

be delicate (listed sites, areas of outstanding natural beauty, etc). 

Economic activity 

Economic and industrial life is the source of technical wayleaves. Some infrastructure and 

installations are likely to influence the route of a line. 

Infrastructure 

The current situation must record all the infrastructure likely to interfere with a line project. 

Moreover, existing line corridors and significant developments must be studied from the 

perspective of any reorganisation of the projected work. 

2.2.2 The factors 

A non-exhaustive list of the main factors usually studied in the impact assessment is given 

below: 

Topography, landscape 

• Type of soil and geology 

• Topography and orography 

• Rivers, ponds and watercourses 

• Wide or enclosed valleys 

• Skylines 

• Wooded slopes, precipices 

• Parts of the landscape 

• Tourist routes and footpaths 

• Picturesque countryside 

Habitats, tourism 

• Conurbations and their size 

• Population density 

• Thinly or densely populated areas 

• Second homes 

• Businesses 

• Tourist centres 

• Leisure centres (holiday parks, campsites, etc) 

• Ancient monument and type 

• Listed building and type 

2003-200-0005 58 March 2003

Town planning 

• Communal general land use plan and project appraisal package, drawn up under Law 

no. 74 (Land Use) 

Infrastructure, technical wayleaves 

• Existing lines, substations and sewers 

• Existing or planned motorways 

• Existing or planned railways 

• Gas mains 

• Water mains 

• Telephone lines 

• Military installations 

• Radio stations 

• Microwave stations 

• Airfields, airports 

• All roads 

Natural environment, forest 

• Registered protected areas or areas to be registered 

• Potential vegetal series 

• Peat bogs 

• Special conservation areas under Directive 92/43/CEE, “Habitats” 

• Special protected areas under Directive 409/79/CEE, “Birds” 

• Ornithological reserve, avian migratory corridor 

• Forest and type, classification 

• Listed woodland 

• Protected forests 

• Mixed woodland and pasture 

Agriculture 

• Intensity of agriculture 

• Type of culture 

• Irrigation 

• Mechanisation 

• Land reallocation 

• Drainage 

Documents to be provided: 

• A plan of the line on the most detailed scale possible (e.g. 1:10,000, in the absence of 

any statement to the contrary by the authorities involved), expressly showing: 

� A corridor on either side of the line and the minimum distance for its voltage 

� The limits, in the immediate surroundings of the aforesaid corridor, of the closest 

built-up areas 

• Should the projected line cross land within the boundary of a centre of population 

shown on the general land use plan for the community or communities, an extract from 

2003-200-0005 59 March 2003

this plan must be attached, showing other existing lines within 200 m of the line in 

question, in addition to the various communities affected. The extract from the general 

land use plan and the project appraisal package (under Law no. 74 on land use) must be 

the most recent version and show the key to the various areas. Submission of a copy of 

the whole land use plan will not be necessary if all the information can be shown on the 

extract. The written part of the land use plan must also be attached. If the projected line 

is outside the boundary of the centre of population (30 metres or more from the external 

boundary of the land use plan), notification will be sufficient and attachment of an 

extract from the land use plan will not be necessary. 

2.3 Summary of restrictions 

Analysis report 

The assessment of the sensitivity of the current state will form the basis of a summary, stating 

the following for each heading: 

• The choice of factors 

• The data acquired and its processing 

• Map annotations 

This detailed report will provide the basis for the issue of the impact report. 

2.4 Determining, presenting and comparing alternatives/Selection of a final route 

2.5 Description of the projected route 

2.6 Impact of the project upon the natural and human environment and measures 

intended to reduce or compensate for it 

Impact on dwellings 

The minimum distances anticipated by current technical regulations must be maintained, 

depending upon the voltage, in order to ensure the safety of persons and prevent accidents. 

Moreover, the following minimum distances must generally be maintained between the 

centre of the route of the lines and dwellings or other existing structures used as such, for 

reasons of environmental protection: 

*220 kV line 30 metres 

*65 kV line 20 metres 

In the case of pylons close to dwellings, the siting of the masts in respect of house frontages 

and the effects of topography and vegetation may be optimised. 

Impact on agriculture 

The impact of a line on agriculture depends on a large number of factors, i.e.: 

• The pylon site 

• Span length between pylons 

• Height of the cables at their lowest point 

• The width of the conductors 

2003-200-0005 60 March 2003

and also: 

• The agricultural production system 

• Machinery used for current work and treatment 

• The size of the plot 

• Developments, land reorganisation and investment 

The implementation of measures to reduce the impact is thus complex. Nevertheless, the 

following general principles should be noted: 

• The choice of long spans does not necessarily entail a smaller loss of agricultural land. 

On the other hand, long spans allow greater flexibility in siting masts on the plot, which 

allows the wishes of farmers to be taken into account; 

• Raising the centre of the span may reduce the restriction imposed by the cables above 

plots where large-scale equipment is used (this also applies to crop-spraying from the 

air and watering by jet); 

• Farmers generally prefer masts of reduced strut width as the overhung area in which the 

farmer may incur risks in the course of movement or specific handling is minimised. 

Impact on the landscape 

The impact of a line on the landscape is highly subjective. Nevertheless, some general 

principles may be followed: 

• It is sometimes possible to use features of the topography and vegetation to reduce the 

visual impact. This is called absorption. The latter is favoured by the use of masts with 

thin struts. High distribution is therefore inadvisable. 

• In other cases, it is known at the outset that such absorption will be difficult or even 

impossible. A more general approach is thus favoured, taking account of the various 

factors of the surroundings. This is known as insertion. It is encouraged by regular 

distribution of the masts or by masts of the same height and type. Special pylons may 

be used in difficult circumstances. 

• In the particular cases of a forest cut, pylons with a low strut width but great height will 

restrict the airspace occupied by the work and thus the width of the cut. Conversely, the 

use of pylons with horizontal bracing will reduce the visual impact of the work on the 

skyline but increase the width of the cut. 

Impact on the natural environment 

If certain particularly sensitive environments are avoided as far as possible and a route of 

little ecological value chosen, the ecological impact can be further reduced by leaving 

vegetation in forest cuts and by siting pylons so that they avoid topographical or vegetation 

features which encourage birds to fly into the cables. 

Similarly, pylons must be fitted with devices intended to prevent avian electrocution. 

2.7 Tabular summary of types of impact and measures taken to avoid, reduce or 

compensate for impact, showing: 

• An identification number 

• The site of the impact on the route (if possible) 

2003-200-0005 61 March 2003

• The pertinent compensatory measure 

• A cross-reference to the description of the measure in the text 

• The site and extent of the compensatory measure (if possible) 

• An assessment of the time required for the measure to take effect 

• An assessment of the effect of the measure on restoration of the ecosystem 

• The estimated cost of the compensatory measure 

• The period for implementing the compensatory measure before, during and after the 

project implementation phase 

� in the short term 

� in the medium term 

� in the long term 

• The type of measures proposed 

� measures integral to the project 

� affecting the route (micro-alternatives) 

� affecting the characteristics of the project 

� complementary measures 

� technical arrangements 

� compensatory measures 

� measures anticipated to prevent impact 

� measures anticipated to reduce an impact 

� measures anticipated to compensate for an impact 

� measures anticipated to warn of an impact 

In the particular case of overhead power lines, the compensatory measures are in two 

categories: 

I – Factors involved in the definition of the project which remove or reduce the impact. These 

are particularly measures which are the result of technological choices. 

• In the case of high-tension lines ≥ 65 kV, the possibility using routes employing current 

corridors (substitution, combining works on multiple-circuit masts), if the impact 

assessment reveals that the greater part is involved; underground or alternative 

overhead route in the case of lines which cross densely-populated areas. 

• For all work and pylon sitings, the choice of the pylon shape best suited to the 

environment, etc. Such measures may be of a quite different type: 

� Reduction of the visual impact of the work by: 

� Painting 

� Architectural arrangement and landscaping of substations 

� Use of low pylons 

� Reduction of the ecological impact of the work 

� Devices to prevent the electrocution of birds 

� Preservation of dwarf vegetation or bushes in cuts 

� use of narrow pylons to restrict deforestation 

� Reforestation of an area equivalent to the deforestation for major substations 

2 – Compensatory measures: measures taken, devices used and action taken once the project 

has been fully defined in optimum terms for the purposes of environmental impact to 

compensate for the residual impact of the work. Such measures are within the scope of the 

general objective of the agreement of 26 April 1995 and consist particularly of not increasing, 

2003-200-0005 62 March 2003

or even reducing, the total number of high-tension (including 220 kV), medium-tension and 

low-tension lines from the reference level on 31 December 1992. The CEGEDEL grid must 

therefore be considered in its entirety and the construction of a new line does not 

automatically entail the removal of an existing line. This does not apply to the replacement of 

an existing line by a new one, in which case authorisation may be conditional upon removal 

of the old line. In other respects, authorisation for a new line must not be connected with 

underground laying of another specific section. 

3. Non-technical summary 

The impact assessment must be accompanied by a non-technical summary illustrating the 

impact of the line project on the natural and human environment and the measures intended 

to remove, reduce or compensate for such impact. 

(Summary report supported by maps and drawings). 

2003-200-0005 63 March 2003

MALTA 

Country Acceptance of Transmission Lines and Substations by the Public 


The 1992 Structure Plan for the Maltese Islands, stipulates that “Enemalta will install only 

underground electricity distribution systems in areas of existing and new urban development. 

The Planning Authority will also seek to establish in conjunction with Enemalta a programme 

of progressive undergrounding of all existing overhead supply cables and apparatus in 

existing built-up areas and the programme is to include any necessary adaptation of internal 

connections within the properties of individual consumers.” 

Enemalta Corporation is owned by the Maltese Government and is the only organisation 

responsible for the generation and distribution of electricity in the Maltese Islands. 

2. Transmission Lines 

Malta consists of an archipelago of three small islands with a superficial area of 316km 2 and 

a population of 380,000 inhabitants. Due to the relatively short distances and the population 

density, there are no high voltage overhead transmission lines in Malta. There are only a few 

33kV overhead line circuits and it is not intended to extend this overhead line network in 

future. The policy in Malta is that new 33kV and 132kV circuits are to be installed 

underground and whenever possible existing 33kV overhead lines should also be replaced by 

underground circuits. 

3. Legal obligation for system expansion 

The Structure Plan for the Maltese Islands of 1992, stipulates that: 

Development of the transmission and distribution system is permitted without the 

requirement for notification to the Planning Authority in Malta for the laying of underground 

cables including excavations for such purposes unless such works involve: - 

Erection, construction, engineering or other operations for, or in connection with, the 

installation of a main electricity distribution network or system with a power line capacity of 

33kV or greater, or works on or under land outside a development zone or in or under streets 

outside a Temporary Provisions Scheme; 

The following development is permitted provided that the developer notifies the Planning 

Authority and the Authority does not, within 30 days of such notification, inform the 

developer that the development in question requires a development permission: 

Laying of underground cables including excavations for such purposes involving works on or 

under land outside a development zone or in or under streets outside a Temporary Provisions 

Scheme, or in urban conservation areas. 

An environmental impact assessment is to be prepared before any development on the 

seacoast and offshore is considered by the Planning Authority. This is of particular 

2003-200-0005 64 March 2003

importance in the case of Enemalta due to the need to supply electricity to the two nearby 

islands which are separated by about 2 and 4km respectively from the main island of Malta. 

4. Experiences and practices 

All 33kV circuits commissioned since 1988 and all existing 132kV circuits in Malta consist 

of underground circuits. 

33kV circuits are installed in trenches excavated in public roads while 132kV circuits are 

installed in public roads and in dedicated underground tunnels. It is intended that in future 

132kV circuits will be installed in underground tunnels while 33kV circuits will be installed 

underground in public roads and where possible in tunnels, concurrently with 132kV circuits. 

In Malta there are only two 132kV substations and another 132kV substation is envisaged in 

future. 

One of the two existing substations is located in an industrial area while the other was 

constructed inside a quarry at a distance from residential areas. 

The substations are indoor type and are equipped with GIS switchgear. 

In Malta public opposition to such projects is minimal due to the current policy of installing 

high voltage cable circuits underground and when the need arises to erect a new 132kV 

substation in a relatively uninhabited site. 

In the past, delays in obtaining Development Permits were experienced with the Planning 

Authority in Malta which tends to insist that 132kV substations should be preferably installed 

below the surrounding ground level due to the visual amenity. 

Another delay results from the need to prepare detailed archeological and ecological impact 

assessments in inbuilt areas through which underground tunnels need to be excavated. The 

assessments are intended to ensure that ventilation and access shafts for the tunnels do not 

cause ecological damage in sensitive areas or spoil archeological remains which abound 

particularly in the south east of Malta where one of the two Power Stations in Malta is 

located. 

Ronald Vella 

Manager Distribution 

Enemalta Corporation 

Malta 

2003-200-0005 65 March 2003

THE NETHERLANDS 

In the Netherlands the following legal obligations exists for building transmissions lines and 

substations. 

New transmissions lines or extensions of existing transmissions lines and substations or 

extensions need permissions of several authorities. Some permits are granted on national, 

some on regional and some on local level. Some permits are always needed and some 

depends on the area where the line or substation is projected. 

In all permit procedures the possibility of public hearing is obliged. 

1. Transmission and distribution lines 

For 220 and 380 kV-lines at this moment permits are necessary from the National 

Government (Minister of Housing, Spatial Planning and the Environment and the Minister of 

Economical Affairs) and from local authorities in accordance with the Spatial Planning Act 

and the Housing Act. When the overhead line build is longer than 15 km an Environmental 

Impact Assessment (EIA) is obligatory. When the overhead or underground line is planned in 

so called 'sensitive areas' for more than 5 km, the authorities have to decide whether an EIA 

is obliged or not. 

Lower voltages overhead lines don't need permits from the National Government. They need 

permits form the local authorities according the Spatial Planning Act and the Housing Act. In 

general no special permit has to be granted for underground cables. They only have to be in 

accordance to the local zoning plan. 

From the lower voltage lines only the 150 kV-lines might require an EIA. In case the 

overhead or underground line is planned in so called 'sensitive areas' for more than 5 km, the 

authorities have to decide whether an EIA is obliged or not. 

In addition to the above mentioned permits and depending on the area the new line is planned 

permits are necessary according other Acts e.g. the Nature Conservation Act. 

At this moment new regulations are in preparation especially for 220 and 380 kV-lines. 

Because these lines are considered of national interest the new legislation is leading to 

permits that are no longer depending on the co-operation of local and regional authorities. For 

lines with lower voltages no new special legislation is foreseen. 

Further on all affected landowners need to sign agreements. Because a grid which is build or 

commissioned by a grid operator qualifies as a public work for the public good in the 

meaning of the Public Works Act, landowners who are not willing to sign agreements can be 

forced to permit the overhead lines on their land. 

2. Substations 

The permits in accordance with the Housing Act and the Environmental Management Act are 

the most important permits that are needed. Special requirements need to be fulfilled when 

2003-200-0005 66 March 2003

the capacity of the transformers of a substation is over 200 MVA and the transformers are 

situated in open air. 

For new substations or extensions, land needs to be purchased. As an ultimate remedy 

expropriation can be used. 

3. Experience in new projects 

The experience in Netherlands strongly recommends the approach set out in the Eurelectric 

document “The Role of Risk communication in EMF issue management” in getting approval 

for new projects. This has let to the success of a project for the construction of a new 380 kV 

(145 km) transmission line that was launched in 1996. 

Following the above referred approach outlined in the report, authorities and landowner 

organisations were convinced to allow dismantling of old 110 and 220 kV overhead lines and 

building of new 380/110 and 380/220 kV overhead lines and 110 kV cables. In this area we 

dismantled about the same amount of kilometres of overhead lines as we have built new ones. 

2003-200-0005 67 March 2003

NORWAY 

Permissions required building new transmission lines, cables and substations 

1. Law and authority 

To build new transmission lines, cables and substations requires a permit from both the Local 

Council and from the Norwegian Water Resources and Energy Directorate. 

In general two different permits are required: 

• Permit according to the Town and County Planning Act is given by the Local Council 

• Permit according to the Energy Act is given by The Norwegian Water Resources and 

Energy Directorate 

If there should arise a disagreement between the local Council and the Norwegian Water 

Resources and Energy Directorate, the disagreement will be settled between the Ministry of 

Petroleum and Energy and the Ministry of Environmental Issues. It is of importance to avoid 

such disagreements as they delay the building process. 

2. Permit according to the Town and County Planning Act 

The purpose of the Town and County Planning Act is to ensure, in general, that areas and 

natural resources are managed in an optimal manner, in addition to the esthetical 

considerations. All building projects must be built according to the local area plans. 

The act has for larger projects strict requirements that the builder documents the 

consequences for the environment, the natural resources, and the community. For example, 

this must be done for all transmission lines and cables with voltage 132 kV or greater, and 

with length above 20 km. 

Normally the local councils grant electrical constructions exemption from the local area 

plans, because they consider that these projects are treated sufficiently by the Norwegian 

Water and Energy Directorate. Problems arise when the local council disagrees with the use 

of the area for the desired electrical construction. For instance, they might disagree with the 

choice of transmission line instead of underground cable. In such cases, the local council will 

not grant an exemption, but will demand that the electrical company make a private area plan 

according to the Town and County Planning Act. 

All public area plans are sent to, among others, the electrical companies. This gives the 

electrical companies a chance to include their interests in the area planning, for instance to 

secure an area for a substation in new housing areas. This will simplify the later building 

process. 

Since 1997, the required permit according to the Town and County Planning Act has been 

simplified for electrical constructions. A building license is not anymore necessary, under the 

condition that a permit has already been given by the Norwegian Water Resources and 

Energy Directorate. This change only regards the actual building construction, not the 

considerations regarding the use of area mentioned above. 

2003-200-0005 68 March 2003

The reason for the simplification is that the construction of transmission lines, cables and 

substations already is handled by the Norwegian Directorate for Product and Electrical 

Safety. This change has greatly simplified the building process. 

3. Permit according to the Act of Energy 

The procedure for giving a licence depends on the voltage of the electrical construction. 

For lower voltages (normally < 33 kV), an area licence is given to each electric company. 

Within a specific geographical area, the local electric company can build transmission lines, 

cables and substations, without involving the Norwegian Water Resources and Energy 

Directorate. The Directorate is only involved if there should arise a conflict with other 

interests. 

For electrical constructions involving higher voltages (normally > 33 kV), a detailed 

application is required from the electric company. For transmission lines and cables with 

voltage 132 kV or greater, and of length 20 km or greater, the consequences must be 

documented, as stated above. The application is open for the public, and is sent to all public 

and other interests that might be directly involved in the project. In addition, the Norwegian 

Water Resources and Energy Directorate often arranges local public meetings, before taking 

a decision regarding the application. 

4. Other matters 

Buying permission to use property 

The permission involves the right the build, maintain, and renew electrical constructions, 

including forest clearance under transmission lines. 

A written agreement with the landowner is usually arranged for smaller projects. 

Expropriation and statement of value in court is a normal procedure for greater projects 

involving several properties. Expropriation and permission to use the property before 

expropriation, is usually applied for at the same time as applying for the electrical licence 

mentioned above, and is also given by the Norwegian Resources Water and Energy 

Directorate. Expropriation of property is time consuming. 

5. Corridor width for transmission lines 

Electric companies buy a right to prohibit future housing and industry under transmission 

lines within a certain corridor width, depending on voltage and fase distance. The Norwegian 

Directorate for Product and Electrical Safety specifies the minimum distance to a line, but a 

larger distance is usually chosen by the electric company to simplify future maintenance and 

renewal. 

2003-200-0005 69 March 2003

POLAND 

Report on the legal and procedural bases of the public acceptance of transmission lines 

investments in Poland 


According to the Polish environmental law the physical protection against the impacts of 

transmission lines is sufficient already. The public participation in evaluation and decision 

making procedures was also introduced recently, as results from the Aarhus convention. 

However, the application of this law is not satisfactory. This results from the lack of 

experience and trained staff, especially in local governments, but also from the low 

ecological awareness of general public. Also, the line investments, with clearly transit 

character are especially difficult to obtain the public acceptance. There are no possible 

allowances in Poland for those investors who deal with public interest, especially at the 

country level. 

The “public” in Poland, like in EU, means one or more natural and legal persons, and in 

accordance with national legislation or practice, their associations, organisations or groups 

on national (also governmental), regional and other levels. The public not include “public 

authority” e.g. natural or legal persons performing public administrative functions under 

national law, including specific duties, activities or services (for example: environmental and 

health authority). 

The state described below will last till the proclamation and full reinforcement of the new 

law on spatial planning, where special procedures for large-scale infrastructure investments 

are expected. 

2. State of law 

The Act on Access to Information on the Environment and its protection and on 

Environmental Impact Assessment established in December 2000 (called further the EIA 

law) attempts to unify the EIA system in Poland for investments. That act describes the 

EIAs procedure, with the EIA report as its element. 

The EIA law lists eight kinds of decisions, which must be based on specific EIAs 

procedures. The transmission lines investments are practically decided upon according to the 

building permit and spatial management program, in accordance with the regulations on 

spatial management and the licence for building, in accordance with the regulations of the 

Building law. Dismantling or changing the way of the use of a constructed object or its part 

needs the licence for building too. 

To make such decisions, the law demands the EIA process when the construction is likely to 

have a significant environmental impact. This can result in the necessity to prepare the report 

on environmental impact. 

2003-200-0005 70 March 2003

3. European context 

Poland of 2001 is in its final period of adjusting the environmental law to EU standards, 

between others to the Directive 335/85/EU that determines the list of investments for which 

the EIA is necessary. 

The EIA law uses a misleading terminology, introduced in its proposal. Describing the 

investments demanding the EIA report the EIA law determines as “planned investments 

which can significantly influence the environment”, (an equivalent to Annex 1 to the 

Directive 85/337/EU and continuity of “investments especially dangerous for the 

environment and human health”), and as the “planned investments which can significantly 

influence the environment, and which demand the report (an equivalent investments from 

Annex II and continuation of “investments which may negatively influence the state of 

environment”). 

Especially important is an application of the selection procedure of investments listed in 

Annex II to the Directive 85/337/EU. Till present, all investments in Poland which may 

“influence the environment” (according to those described by Annex II) needed the EIA 

report, but now according to the law and the directive a selection is made. It is based on 

criteria as: characteristics, localisation, the range of potential impact, determined according 

to Annex III of the directive. 

4. The localisation procedures of transmission lines 

The basic responsibility of an investor is enlisting the planned construction in the local 

spatial management program. This program summarizes the decisions of the local council of 

gmina, making thus the local gmina’s law. This is a basic condition for further procedures. 

The Act on Spatial Management from 1994, amended in July 1997 defines the law on the 

access to information contained in this local spatial management program, and also the 

community participation in its creation. The program is to be accessed by anybody, the text 

and drawings from this document can be obtained. At the time of establishing the program 

everybody who does not agree with it, or whose rights are endangered may protest. As the 

projects of such programs are made public for 21 days, the public has a chance to protest or 

question the planned investments. At the same time the prognosis of the expected 

environmental impacts of the program, are also available to general public. The gmina’s 

council must discuss all protests and present them at a public meeting. 

Thus an introduction of a line investment to the spatial management program is difficult. The 

best solution is perhaps the implementation of new needs during the modernization of spatial 

management programs, as it is expected to happen few times during the coming years. 

The steps of the investment procedure are determined by two decisions, i.e. the decision on 

the conditions for building and spatial management and the license for building, which 

demand the EIA for possibly environmentally dangerous investments. This process is a part 

of decision-making at particular step of the procedure (See the flow diagram). 

The course of procedures during all kinds of decision is practically the same or very similar. 

The proper office for all questioning and making the decision is however, different. The 

2003-200-0005 71 March 2003

same statement is valid for the public participation in the hearings, and thus for the EIAs of 

planned investments. 

Voit or president of the town or community council (with some exceptions) signs the 

decisions on the conditions for building and an agreement with spatial managing plan. The 

voivod is a proper person to issue that decision for the closed areas. An explanation of this 

term is given in the regulations of the Building law. This law explains that the closed area 

means an area, or a building or its part, accessible only for those with special permit, 

absolutely necessary for the country defence and safety, or an area used for mining, managed 

for this purpose. On the inland and territorial seawaters a proper marine management office 

makes such a decision. 

The final permit is given by proper administration unit after completing all agreements and 

opinions of other bodies, listed by the law on spatial management and special laws, as e.g. 

the legal infrastructure (existing law) on environment protection and management, protection 

of arable lands and forests. 

Obtaining all opinions necessary to get the permits is very important, for example a final 

decision of the Sanitary Inspection. It should be understand that sanitary people are 

especially interested in the impact of electromagnetic fields. There is some procedural 

trouble, as the investor has no formal contact with opinion making specialists, thus it can not 

pass to him opinions, explanations or suggestions. In such situation the EIA report is 

especially important as far as the gathering of proper information and conditions, especially 

those crucial for opinion drawing. It is also important for further consultation conditions, as 

those interested can access all documents. 

According to the EIA law the procedure needs a participation of an authority entitled to deal 

with environmental matters. This specify that an authority entitled to all statements prior to 

decision (except from geological concession) as well as to the decision making, that the 

proper authority for report procedure is: 

• Voivod, for all investments demanding the report by law (except motorways) 

• Starosta and poviat sanitary inspector – for all enterprises, which may obtain such a 

demand from proper authority 

5. Such decisions result from the law on spatial management. 

The EIA report as well as all accompanying documents forms the base for administrative 

decision. It is extremely important that decision making body can conclude from the EIAs 

procedure that the investment could be made but with certain modifications. In the decision, 

an allowed variant could be indicated with an agreement of an investor, or if such an 

agreement cannot be achieved, the case is closed. 

The decision can indicate the obligatory procedures, protections or monitoring. A special 

zone of limited spatial use can be indicated for certain enterprises, as e.g. such limitations are 

suggested or reinforced in the direct neighbourhood of high voltage lines. In the decision a 

special post construction analysis can be indicated. 

The post construction EIAs procedure (auditing) can include the necessity to perform such 

analysis after the full operational readiness, e.g. after activating the transmission line in the 

network. 

2003-200-0005 72 March 2003

The EIA process has to be accompanied by numerous other procedures described separately. 

Especially important are: 

• eventual importance for transboundary effects (Espoo Convention) 

• relations to other conventions signed and ratified by Poland 

• relations with spatial planning and management 

The building, development or change in the functions of transmission infrastructure with 

voltage higher than 220 kV are listed as especially dangerous for the environment or human 

health and needs the EIA report. 

Building, development and change of the function of transmission infrastructure with the 

voltage of at least 110 kV are qualified as ones that can need EIA report (way with initial 

evaluation on flow diagram). That means, that lines with the voltage lower than 110 kV are 

free from EIA procedure, but of course must consider the spatial planning. 

Before starting the preparation of EIA report, the investor can prior to asking for a decision 

on the scope of the EIA report. The decision-making authority can, on the bases of 

localisation, potential environmental input and the strength of expected impact, indicate 

limited scope of such report. This is a new element of the procedure, which changes the 

previous standard scope of the EIA. 

In this new procedure the most important is a set of information provided by the investor to 

the decision-making authority. Thus, asking for the determination the need and scope of the 

future report, the investor should describe: 

• the kind, scale and localization of the investment 

• the area of land or a building to be used, and previous forms of its use 

• the proposed technology 

• possible variants of the investment 

• expected amounts of material used, including water and energy 

• environmental protection actions 

• the kinds and expected amounts of pollutants reaching the environment after 

• application of environmental protection actions 

If the supplied information is not sufficient the authority can wait with the decision till they 

are obtained and all question answered. 

The detailed scope of the EIA report is identical for various enterprises and for consequent 

steps of the localization procedure, i.e. it is the same for decision on the building conditions 

and spatial management, building permission and for other decisions. 

The investor can ask for a detailed scope of the report by the proper authority after enquiring 

an opinion of the authority responsible for EIA. 

In the case for constructing or development of transmission substations the investor most 

frequently buys or takes a lease on the necessary area, as demanded by the regulations and is 

frequently accompanied by a decision on the excluding the area from agricultural utilization. 

Such decision must be obtained before prior to the licence for building. The price of the land 

in question is settled between buyer and seller. 

2003-200-0005 73 March 2003

The permission to build the transmission lines is much more difficult, as the towers are to be 

build on private land, and the landowners must agree with it. The construction of a pole 

always limits the land use in certain degree. It is especially important on arable lands, as the 

poles are certain obstacles for the land cultivating machines. 

Planning to build a pole needs the financial agreement between the investor and the 

landowner, and the investor pays to the owner an equivalent of the crops gathered from the 

excluded area for 30-40 years. The class of the land, kind of crops, average crops and their 

prices in the area are considered. The land tax for a given area is included. 

In certain cases the investor pays also for the change of the possible land use. The building 

parcel may change to one without a building permit. The compensation is negotiated, 

frequently with the help of arbitration specialists. 

When completing all formalities on the land use the investor may apply for the licence for 

building, accompanied by (among the others) the building project prepared according to 

previous conditions of the building and spatial management. 

The problems related with expropriations and compensation are included in the whole 

procedure of the investment analyse. 

5. The public participation in the investment process 

The demand of the community participation is a role only in the case of the preparation of 

EIA. 

The participation of public hearings and of high standards of reports and prognoses is an 

important element of the present procedure. The decision-making authority: 

• informs the general public in a customary accepted way described in the EIA law 

• collects all the remarks and conclusions for 21 days 

• can organise a public hearing, informing everybody interested, including the 

community members in the vicinity of an investment 

• decides on the obtained questions and conclusions 

Nongovernmental organisations (not necessary ecological ones) calling upon the area and 

aims of their activity inform about the will to take part in the process as an official group, 

and the rejection of their participation can be officially questioned. 

The procedures of the public participation in the process of completing the documents and 

decision making are defined in the EIA law. It could be presented on an example of one of 

quite frequently issued decision, i.e. the decision on the conditions for building and spatial 

management. Burmistrz, voit or the president of the town guides the procedure. Those 

authorities when starting the process must consider all remarks and conclusions. 

In the case of striking controversies, on e.g. the idea and application of the investment, or on 

its localisation, the authority can organise an open public hearing. During the hearing the 

investor should explain all possible problems to get the consensus on the discussed subject, 

as this will make possible the next steps of the investment preparation. 

2003-200-0005 74 March 2003

An important part of the EIA process is broadening the steps of collecting the opinions and 

agreements: 

• for investments which can significantly influence the environment, and which need a 

report, the proper authority for all agreements is voivod 

• for those investments, which can significantly influence the environment, which can but 

do not have to present a report, the proper authority is starosta and poviat sanitary 

inspector 

The obligatory presentation of the information on the way question and conclusions of the 

general public is really important for the community participation. This ensures the people 

and non-governmental organization that their voices are not neglected, and that everybody 

hears those voices. All obtained remarks and conclusions are considered by the authority 

issuing the permit during the decision making process. The decision issued without the 

consideration of people’s voices is not valid. 

The general public has no influence on the scope of EIA. 

During the preparation of the public participation, the following should be considered: 

• who will participate (their knowledge, personal attitude to the environment changes, 

address) 

• what techniques will be applied, at which steps of investment, including the idea of 

public participation 

There are few methods of giving the information and of obtaining the answers. Methods 

useful while co-operating with project designers and authorities are not always suitable for 

contacts with the general public and groups of interest. They can be divided to three 

categories, depending on the public interest in the process: 

• informing the people – one direction process: public information, press releases, info in 

local broadcasting system, on the boards, by brochures, informative publications, direct 

mail, internet, exhibitions etc.; 

• exchange of information with the general public – two directions process: 

questionnaires, meeting of the so called focuses, public information meetings, exercise 

books, field offices, “open doors”; 

• including the society in the planning and into the decision-making – a dialogue: 

discussion in small groups, community advisory groups, methods of solving the 

problems, methods of reaching the agreement. 

While choosing a methodology for a particular investment all specific features should be 

considered: the scope of an expected input, the idea of public participation (informing the 

community or including it in the process), determination on the scale of project impact on 

the community, potential conflicts, specific abilities needed to use the chosen methods, the 

time assigned to public participation, the cost of this participation, potential differences in 

understanding the phrasing, potential cultural and political differences. 

2003-200-0005 75 March 2003

6. Some remarks on public negotiations and consultations in the case of transmission 

lines investments in Poland 

The transmission lines investments in Poland have place mainly in the poorly developed 

countrysides, frequently environmentally important. This results from numerous conditions. 

It is the best to obtain the full acceptance at particular sites or line reaches. Thus, direct 

contact with people, not official exchange of letters is needed. It should be remembered that 

an investor could be in the position when nobody is backing him – the environmental 

protection offices, local selfgovernments and NGOs are not interested or against such an 

investment, and they do not share the country scale interest. 

When there is a lack of the knowledge of communication and negotiation by the investor 

frequently there are dramatic social divisions leading to permanent creation of the strongly 

negative groups (camps) that reject the communication. Polish law presently does not object 

to any protest, even unintelligible. Thus the choice of a proper person with negotiating and 

mediator skills is very important. 

Special interest should be given to social groups emerging while an investment is preparing. 

Contacts with the leaders of such groups should be made, and their position appreciated. 

This needs a log time: each remark or suggestion of citizens, supplied before administrative 

decision must be considered, something related to it must be done, and it should be quickly 

advertised what was done. 

In the practical approach on real burdensome of transmission infrastructure objects the 

electromagnetic impact on the human health is commonly recognized, although usually not 

properly determined. Usually the range of this impact is seen as much further than resulting 

from the Polish regulations (a norm for the electric component of 1 kV/m). A similar impact 

is seen in acoustic effects resulting from the leakage and discharges on the insulators. In the 

countryside these effects are very well noticed especially during the morning fog and light 

rain, and are considered a dangerous sound. 

The largest problems with establishing the routs of transmission lines or local stations occur 

in the suburban areas. The land prices there are high and really dependent on the localisation. 

It is estimated that the neighbourhood with transmission poles (about 50 m) results in the fall 

of the building plot in a similar way as neighbourhood of a chimney, i.e. by 15-20% (the 

distance to the pole is more important than to the lines!). Negotiations in such areas are very 

difficult. 

It can be expected that in the near future also the aesthetic argumentation will emerge, as 

well as calling on ecological safety. 

After the reinforcing of the regulation on the principles of establishing and important for 

negotiations will emerge – compensation money for the lost possibility of the use of land 

under the transmission lines. 

All the above indicates that the real participation of the general public in deciding on 

transmission lines investments must go much further than results from Polish and European 

laws, and be greater than seen by Aarhus Convention. And practically all initiative in this 

matter is in the hands of an investor. 

2003-200-0005 76 March 2003

Notes: 

The administrative structure in Poland is as follow: 

Governmental administration 

• Government (Prime Minister and Ministries) 

• Voivodship (Voivods) 

Voivod is in charge of a voivodship (there are 16 voivodships in Poland). The Prime 

Minister nominates Voivods. 

Selfgovernmental administration 

• Poviats (starosta) or towns on rights of poviats (town president, burmistrz) 

Starosta – in charge of a poviat, elected. Each voivodship is divided into several 

poviats. 

Town president – president of a large town, elected. 

Burmistrz – in charge of a small town, elected. 

• Gminas (voit) 

Voit – in charge of gmina, the smallest administrative unit in Poland, each poviat has 

usually several gminas. 

Comment on the diagram (overleaf): 

At present conditions the choice of the procedure initiating EIA depends to significant degree 

on the interpretation of the law by the authorities. 

2003-200-0005 77 March 2003

Flow diagram showing the main components of an EIA procedure in Poland 

No EIA 

Define proposal 

Uncertain 

Initial 

evaluation 

1st phase: 

- Public information 

- EIA Report 

- collecting remarks etc. 

- eventually public discussion 

- answering, generating draft report 

Decision on the conditions 

for building and spatial 

management 

2nd phase: 

- public information 

- Full technical and formal 

documents 

- EIA Report 

Licence for building 

End Continue 

Post investment phase: 

Operating licence 

Auditing 

Monitoring 

EIA 

required 

2003-200-0005 78 March 2003

1. Objectives 

PORTUGAL 

• Establish at National level the existing obligations (Grid code to whatever degree, 

bilateral agreements between Authorities and Electricity Companies, etc.) of Electricity 

Companies/Utilities, which are binding all interested parties. 

• Formulate a common policy that can be proposed to the Electricity Industry in Europe 

and the National Electricity Regulators / Authorities that will be binding on all interested 

parties i.e. Local or National Authorities (Regulator, Town Planning Authority, Ministry 

of Environment, Transmission System Operators, etc.) and Electricity Companies as a 

Memorandum of Understanding for the acceptance of new Transmission lines and 

substations. 

• Agree on points that can be proposed as additions to existing European legislation. 

2. Introduction - our mission and responsibility 

The Portuguese national grid Company, Rede Eléctrica Nacional – REN, SA, has the 

responsibility for the transmission grid in the mainland Portugal. The transmission network is 

defined for law as including all overhead and underground lines, and substations operated at 

any voltage ≥ 110 kV. It also includes all operation facilities including the dispatch. The 

aforementioned responsibility is acquired through an exclusive concession for planning, 

building (transmission lines, substations, operation facilities and dispatch) and operating the 

Portuguese high voltage transmission system (existing levels of 150 kV, 220 kV and 400 kV), 

which stands between generation companies and the distribution companies. These ones then 

distribute power at progressively lower voltages to industrial areas and homes. The 

transmission system also includes all international interconnections with Spain. In broad 

terms, the transmission system consists of about 6 000 km of overhead lines, 15 km of 

underground cables and 45 substations to control the flow of power throughout the system. 

The implementation of a single market for electricity within the European Union came to 

reinforce the need for transmission infrastructures as the backbone of the market and one of 

the key instruments to guarantee the quality of electricity as a product. 

One of the statutory responsibilities of REN is to develop and maintain an efficient and 

economical system of electricity transmission using adequate procedures, techniques and 

materials to match the power demand while keeping full respect regarding quality, safety and 

environmental criteria. Somewhat differently from other industrial activities, this of course 

underlines the need for planning both at medium and long term ranges as one of the most 

important tasks of the transmission sector of the electrical industry, given the increasing 

complexity arising from the emergence of a greater number of new market players, either in 

generation as in distribution, as well as from the local authorities and the general public 

concerns regarding mainly overhead high voltage lines. 

The planning activity carried out by REN involves studies to evaluate the technical and 

economical conditions of operation, taking in account the development for medium-term 

(Medium Term Plan) and the development for longer periods (Long Term Plan). Clearly, 

along with the technical conditions, the environmental conditions (in the broader sense that 

2003-200-0005 79 March 2003

includes biological, urban, socio-economical, health and psychological aspects) that lead to a 

sustainable development of the society are also capital for the planning activity in as much as 

their perception by the society in general is the building block of a trusted relationship and 

thus, the pillar for Public Acceptance of new infrastructures of the transmission grid. 

In Portugal, once the Network Development Plan and the consequent Investment Plan are 

drafted, they have to be submitted for approval by higher instances, namely the Regulatory 

Agency, ERSE – Entidade Reguladora do Sector Eléctrico, and the Ministry of Economy. 

3. Regulatory Controls for Infrastructures of Electricity 

3.1 New High Voltage Overhead Lines (150 kV, 220 kV and 400kV): 

3.1.1 Technical Legislation 

The Portuguese Safety Code for High Voltage Electrical Lines, covering both overhead and 

underground lines, was reviewed in 1992. This code is concerned mainly with the technical 

aspects that have incidence both in safety of installations and persons, which must be taken 

into account during Line Design as well as with some minimum technical requirements to be 

observed regarding materials and design parameters. Besides this code, several international 

norms and recommendations are also considered, mainly on subjects left uncovered by the 

Safety Code. 

Along with the Safety Code, several National Regulations restrict the placement of 

transmission lines in some areas of which a brief overview is given bellow: 

Urban Areas – placement is allowed; safety distances are defined to buildings, roads, etc.; 

administrative restrictions are defined in the Municipal Master Plan, regarding urban 

planning which may include exclusion zones; 

Cultural and Historical – Have technical restrictions of proximity; 

Archaeological - Have general restrictions (these areas shall be avoided to prevent any direct 

damage as destruction or deterioration); 

Agricultural – Technical restrictions regarding safety distance of the conductors (to watering 

devices, for instance); special administrative authorization if the area is classified within the 

Reserva Agrícola Nacional (RAN) – National Agricultural Reserve; special administrative 

authorization if the area is classified within the Reserva Ecológica Nacional (REN) – 

National Ecological Reserve; 

Forest – Technical restrictions regarding safety distance of the conductors; special 

administrative authorization if the area is classified within the Reserva Agrícola Nacional 

(RAN) – National Agricultural Reserve; special administrative authorization if the area is 

classified within the Reserva Ecológica Nacional (REN) – National Ecological Reserve; 

Restrictions to take down or looping of trees belonging to protected species under the 

Portuguese Law; 

2003-200-0005 80 March 2003

Natural Parks – Have general restrictions; Natural Parks have a special autonomous 

authority under the Environment Ministry; line corridors within Natural Parks shall be 

regarded as most exceptional; 

Proximity to Buildings – safety distances of supports and of conductors must be observed 

(electrical clearances); overpass school buildings or sports grounds are not allowed by the 

Safety Code, except by special authorization provided under certain safety and environmental 

conditions. 

3.1.2 Environmental Legislation 

Since 1990, the Portuguese legislation (DL 186/90), adopted the EC Directive 85/37/CEE 

regarding the Environmental Impact Studies for public and private projects. This legislation 

was further regulated and detailed (DR 38/90) to state the proceedings for Environmental 

Impact Studies (EIS) regarding high voltage overhead lines. In consequence, EIS was since 

then mandatory for overhead lines of voltage ≥ 200 kV, in a systematic basis. 

The EC Directive 85/37/CEE was modified by EC Directive 97/11/CE and the Portuguese 

legislation was also modified (DL 69/2000), regarding the Environmental Impact 

Assessment. 

Nowadays, the Environmental Impact Assessment procedures are carried out for every 

overhead line of voltage ≥ 220 kV and ≥ 15 km in length, and every overhead lines of voltage 

≥ 150 kV and ≥ 10 km in length. It shall be noted, however, that the Portuguese law requires 

in sensitive areas all overhead lines to be submitted to Environmental Impact Assessment 

procedures. 

The Environmental Impact Assessment (EIA) procedure has two main instruments of 

assessment that are the Environmental Impact Study (EIS) and the Public Consultation. Both 

instruments are submitted to a Review Committee (RC) appointed specifically for each 

project under analysis by the EIA Authority. 

New EIA procedure in Portugal includes: 

• Scoping (optional, recommended in case of complex projects); 

• Environmental Impact Study (EIS) evaluation and analysis by the RC; 

• Review and final report by the RC; 

• EIA Decision – By the Minister based on the RC report; 

• Post-Evaluation – which may include immediate, mid term or long term monitoring 

programs to be carried out by the proponent of the project. 

The EIA procedure shall take place, whenever possible, at an early stage of project 

development, in order to allow the assessment of alternatives. 

The Scoping phase, optional, allows the proponent to submit a scoping proposal to the EIA 

Authority, which seeks advice from the relevant public authorities. 

The explicit reference to this phase is therefore one of the most significant innovations in the 

present EIA legal framework. 

On a voluntary basis, the proponent may submit to the EIA Authority a scoping proposal and, 

upon the proponent’s initiative, this proposal may be submitted to public consultation. This 

2003-200-0005 81 March 2003

procedure allows the definition of the relevant themes for the EIS and an early as possible 

assessment of the sensitive issues for the subsequent steps of the EIS and EIA procedures. 

The decision concerning the scoping proposal entails a mutual commitment, both for the 

Proponent and the Administration, in what regards the future contents of the EIS. 

3.1.3 EIS preparation 

The identification and prediction of impacts of a given proposal represents one critical step, 

compelling proponents to pay special attention to the EIS preparation. 

The submission of a project at an early stage, where different locations and/or technical 

alternatives are comparatively assessed, greatly enhances the effectiveness of the EIA 

process. Thus, the Portuguese legislation allows the EIS to be carried out with a preliminary 

project or with the final detailed project. In the first case a special post-evaluation report must 

be submitted with the subsequent detailed project (see 3.1.5). 

A typical EIS has at least the following scope: 

a) Project description and justification; 

b) System alternatives; 

c) The Proposal (project characteristics) 

d) Flora and Fauna; 

e) Hydrology and Water Quality; 

f) Noise (Audible, Aeolian) and Radio & Television; 

g) Air Quality; 

h) Soil Stability; 

I) Landscape and Visual Impact; 

j) Land Use (Forestry; Areas of agricultural use; Industrial use; Urban areas; other 

infrastructures); 

k) Impact on Humans; 

l) Electromagnetic fields (EMF); 

m) Social/Economic Considerations; 

n) Interference with other infrastructures (roads, railways, water ducts, pipelines, airports, 

etc.); 

o) Monitoring Program; 

p) Impact of construction and operation; 

q) Impact of maintenance and decommissioning; 

r) Mitigation Measures; 

s) Conclusion; 

As part of the EIS a Non-Technical Summary (NTS) must be submitted both on paper and on 

digital support for publication on a dedicated Internet site. Whenever possible the EIS shall 

also be submitted on a digital support. 

Special care must be taken in the preparation of the Non-Technical Summary (NTS), 

particularly in what regards technical wording, in order to make all issues addressed 

understandable for the general public. 

3.1.4 Review 

For each submitted Environmental Impact Study (EIS) a specific Review Committee is 

appointed by the EIA Authority. A declaration of technical acceptability of the EIS must be 

2003-200-0005 82 March 2003

issued within 20 working days. The evaluation of the acceptability is based on the approved 

scope proposal, if one was previously submitted, or on the existing regulations. 

The Environmental Impact Assessment Decision is issued by the Minister of the Environment 

and Land Use Planning, under a proposal submitted by the EIA Authority, which is based 

upon the findings of the Review Committee and the results of the public consultation. 

The EIA decision, issued by a document designated Impact Assessment Declaration, is 

mandatory and valid for a limited period of 2 years. This declaration may state an approval of 

the project, a conditional approval submitted to certain conditions, changes or actions 

regarding the project, or a rejection of the project. 

3.1.5 Post-Evaluation 

Post-evaluation is divided in two main procedures: 

a) Compliance of the detailed project design with the EIA decision; 

b) Monitoring and auditing, in all cases. 

Together with the detailed project, the proponent must submit to the EIA authority a report 

showing that the project was further developed in accordance with the EIA decision and that 

the proposed mitigation measures were incorporated in the design of the project. This report 

is called the Impact Assessment Compliance Report – IACR. 

3.1.6 Monitoring and Auditing 

Either by proposal in the EIS or by the RC report, monitoring programs may be established to 

carried out during construction and/or operation of a line. The EIA authority may impose 

project or management adjustments and/or additional measures of mitigation in the case of 

unpredicted negative impacts. 

The EIA authority may perform audits to verify the compliance of the construction, operation 

or decommissioning of projects with the Impact Assessment Declaration and also to verify 

the accuracy of the monitoring programs. 

3.1.7 Project Approval and Licensing 

The license for beginning the line construction is dealt with by the Ministry of Economy 

through its General Energy Directorate, once the project is approved (or conditionally 

approved) for the Ministry of the Environment and Land Use Planning upon issue of the 

Impact Assessment Declaration. 

At this stage two public inquiries were carried out, involving the local and regional 

authorities, advertisement at national newspapers and the Diário da República (this is the 

official newspaper were all laws issued by Government and proclaimed by the President of 

the Republic are published): one by the Ministry of Environment and another by the Ministry 

of Economy through the General Energy Directorate. 

2003-200-0005 83 March 2003

The period needed to the complete approval procedure of the final detailed project is about 

ten (10) months, including six (lines 150 kV) or seven months (lines ≥ 220 kV) for the 

Environment Impact Assessment (EIA) procedures. 

3.1.8 Compensation for the Landowners 

The approval of the project constitutes simultaneously the recognition of its public interest. 

On this basis, the concessionary is authorized to establish a high voltage line having access to 

public and private property. 

It must be pointed out that the establishment of an overhead line does not change the property 

rights, only introduces limitations on its use. So, the landowners remain the legitimate owners 

of the land under an high voltage line. 

Other important issue to accommodate the private interest with the establishment of an 

overhead line is the dialogue with the landowners in order to allow for small adjustments in 

tower locations, within the same property. This “fine tunning” is usually carried out at the 

construction stage, and involves small displacements to relocate towers nearer to limits of 

land parcels or to accommodate some convenience of landowner. 

In northern parts of Portugal where the population distribution is quite dense and rural 

properties very often quite small, this procedure is even more necessary as one the few 

effective means of minimizing impacts. Vineyards are grown in a characteristic way over 

horizontal steel wires arranged sometimes up to 6 or 7 m high. This also means special 

technical care in what regards safety measures. 

Once an installation license is secured, a negotiation process begins with the landowners 

affected aiming at compensating them for the onus that results from the presence of the line, 

damage of cultures, cutting of trees, property devaluation, and any damage to the property 

resulting from the construction works, not withstanding the reconstruction or replacement of 

any damaged goods. 

However, the procedure described does not prevent individual cases from arising, in which an 

agreement is not immediately reached, and recourse to arbitration (General Energy 

Directorate) or even to the courts is sometimes necessary. 

It all sums up to a rule in what landowners problems are concerned: in practice they are 

almost all solved by agreement between the parties. 

3.2. New Transmission Substation (150 kV, 220 kV and 400kV): 

3.2.1 Technical Legislation 

The Portuguese Safety Code for new Transmission Substation was modified and approved in 

September, 06-1985. This Code is concerned mainly with the technical aspects that have 

incidence both in safety of installations and persons, which must be taken into account during 

the Substation Design. 

2003-200-0005 84 March 2003

3.2.2 Environmental Legislation 

Since 1990, the Portuguese legislation (DL 186/90), adopted the EC Directive 85/37/CEE 

regarding the Environmental Impact Studies for public and private projects. This legislation 

was further regulated and detailed (DR 38/90) to state the proceedings for Environmental 

Impact Studies (EIS) regarding high voltage overhead lines. In consequence, EIS was 

mandatory for every overhead line of voltage ≥ 200 kV, in a systematic basis. This, however, 

did not involve the establishment of substations. 

The EC Directive 85/37/CEE was modified by EC Directive 97/11/CE and the Portuguese 

legislation was also modified (DL 69/2000), regarding the Environmental Impact 

Assessment. Under this new legislation all substations of voltage ≥ 110 kV shall be submitted 

to the Environmental Impact Assessment prior to its establishment. 

Generally speaking the proceedings of Environmental Impact Assessment legislation that 

applies to the overhead lines also applies to transmission substations. 

4. Main innovations of the new environmental impact assessment legislation 

4.1 A Scoping phase is introduced (not mandatory); 

4.2 Scoping may include a public consultation; 

4.3 Environmental Impact Assessment decision, issued by the Minister of the 

Environment and Land Use Planning, which is mandatory; 

4.4 The proponent should present a monitoring programme and periodical 

monitoring reports; 

4.5 Monitoring and auditing reports are made public by the ministry and there are 

some provisions for public involvement in the post-evaluation phase. 

5. Environmental issue management in the Portuguese transmission grid 

Rede Eléctrica Nacional, S.A. (REN), has always assumed a proactive attitude when 

addressing the environmental issues affecting its activities. So, we have adopted publicly a 

“Declaration on Environmental Policy” and an “Environmental Code of Conduct”. 

REN is already ISO 9001 certified for the activities of design and construction of Lines and 

Substations and the implementation of an Environmental Management System according to 

ISO 14000 are also already planned within REN. 

6. Policy for new transmission substations 

When building new substations, it is necessary to carry out Environmental Study Impacts and 

check several environmental aspects: land, water, vegetation, population, land use, urban 

planning, cultural heritage, protected natural sites, landscape, other existing or planned 

infrastructures, etc. (see “Annex 2 -Environmental aspects of network substations”). 

2003-200-0005 85 March 2003

Substations are connected to the network through lines making it necessary to study the line 

corridors in the vicinity of the substation. Line corridors have a great influence on the 

geographical orientation of the substation and may impose the choice of the substation layout. 

Moreover, the environmental impacts associated with line corridors are determinant in the 

selection of a site for the substation. The substation site and the layout are closely coordinated 

with the study of the line corridors. 

Environmental compatibility sometimes requires special technical solutions for substations of 

the national grid. Thus, mostly in semi-urban or urban areas, compact totally enclosed 

substations have been designed and built. Such totally enclosed substations need also to 

address technical and environmental aspects in addition to those of conventional outdoor 

substations (see “Annex 3” for Additional technical and environmental aspects of totally 

enclosed substations). 

7. Policy for new transmission lines 

When building new interconnections between substations, it is necessary to check different 

environmental aspects: land, water, vegetation, population, land use, urban planning, cultural 

heritage, protected natural sites, landscape, other existing or planned infrastructures, etc.(see 

“Annex 4 - Environmental aspects of network transmission lines”). 

The interconnections between substations are based upon standardized solutions of overhead 

line designs that satisfy the technical network and general environmental requirements. 

However, overhead lines do have undesirable impacts in urban areas, either aesthetical or not 

compatible with the intended land use. In such cases REN is doing an effort to devise other 

solutions that are technically viable and environmentally acceptable. These solutions have 

included underground cables or ducts in urban areas, and will include also compact aesthetic 

supports as well. 

When choosing corridors for lines a lot of parameters are weighted. As a general a priori 

criterion, transmission lines corridors are chosen as short as possible within the “maze” of 

conditioning parameters previously acquired and mapped during the project and EIS. 

EMF radiation levels and noise emission levels are always a primary concern. Its evaluation 

may consist of calculations as well as monitoring programs. REN makes a point of abiding by 

UE recommendations and national regulations on these subjects. In some cases this does not 

prevent REN from having to provide transparent, honest and updated information to the 

public, in order to balance a great deal of confusion and speculation over these issues. 

Any new transmission lines of whatever voltage, or extensions to existing overhead lines, 

ought to go through a national approval procedure supported by an Environmental Impact 

Study. 

Presently, compatibility of overhead lines and buildings in general is somewhat “fuzzy”. New 

transmission lines are designed and constructed avoiding as much as possible any overpass of 

buildings and with the understanding, by the EIA decision (mandatory) that a “green” 

corridor is to be secured, free from any buildings. However, under the law that establishes the 

conditions for the right of way, construction of buildings under the line is allowed provided 

safety distances are met. Under the law that establishes the conditions for the municipalities 

to license constructions, REN shall be consulted by the municipalities in every project 

2003-200-0005 86 March 2003

interfering with a line corridor in order to verify the necessary technical conditions (safety 

distances from conductors and supports). In only a few cases administrative restrictions up to 

full exclusion are defined by municipalities regarding construction under a overhead line 

corridor. REN policy in this context has always been of positive constructiveness: in 

cooperation with municipalities and all stakeholders in general, honestly analyse all issues at 

stake, clearly explain the importance and value of the national grid installations for the 

welfare of the people in general, share its analysis of impacts and mitigation measures in 

order to agree on a basis that is accepted as giving a global added value to society in an 

environmental acceptable way. 

8. Life Cycle Assessment (LCA) 

Life Cycle Assessment techniques, it are defined and described in the ISO 1400 series of 

standards. 

An LCA is intended to study all environmental impacts “from the cradle to the grave”. In 

practice this is not always feasible. In fact, one can continue indefinitely in certain chains. It 

shall be noted that ISO standards include a recommendation not to pursue an LCA as a far as 

compiling an index. 

The Life Cycle of the electricity transmission/distribution system, shall comprise: 

• Construction of transformer stations/switchyards and line networks 

• Production and Transport of materials used in the construction and operation of 

transformer stations/switchyards and line grids 

• Transmission and transformation losses in the operation of network and transformer 

stations 

• Operation and maintenance in the form of clearance, inspection trips, etc. 

• Production and transport of chemicals used in operation and construction 

• Demolition of transformer stations/switchyards and line grids, including handling, 

recycling and deposition of demolition waste 

REN, S.A. has not yet started any LCA study or LC inventory of electricity transmission 

system. Some countries (Sweden, Norway and Denmark), have already carried out some 

LCA studies on high voltage lines (or at least life-cycle inventories). The results are 

expressed in environmental impacts per 1 KWh of electricity delivered to the consumer. 

In these models, the network losses are a major source of environmental impact of the 

transmission system. This impact may be viewed under two main aspects: one is the 

reduction in the efficiency of the use of the energy sources (of any kind) associated with 

generation of the electricity that is required to cover the losses in general and in the 

transmission system in particular; the second, when considering organic fuels as energy 

sources in thermal power plants, is the contribution to the greenhouse effect caused by the 

emissions that result from the generation needed to cover network losses. Of course, in this 

last case, the type of fuel used also plays a key role in the type and percentage of emissions 

per kWh of energy delivered. The modern trend towards eco-efficiency is therefore the use of 

less pollutant fuels (as for instance natural gas) alongside the increasing use of renewable 

energy sources (hydric, eolic, solar). Finally, but also very important, it shall be underlined 

that, besides the improved technical solutions designed to meet acceptable environmental 

criteria, improvements shall be made on the passive and active measures for the Demand Side 

2003-200-0005 87 March 2003

Management (DSM) as those instruments are quite important to the global goal of 

minimizing the environmental impacts. They are in fact slow but sure procedures towards a 

global change in mentalities and habits aimed at a more efficient use of energy in every 

aspect of the human activity. 

All this serves to illustrate the complexity of the LCA studies in the several systems and 

subsystems of the electrical industry, sometimes even involving international processes and 

countries with different policies towards the subject. However, the insight that may be 

achieved by careful planned partial steps over the main subsystems, will prove to be an 

essential tool for the decision makers. 

9. Achieving public acceptance 

REN,S.A. identifies two main issues regarding Public Acceptance of the national grid 

installations: conflict of interest regarding the land use; concern about eventual health 

problems related to EMF. 

As said before, in what regards the conflict of interest around the establishment of the 

transmission system infrastructures REN policy has always been of positive constructiveness: 

in cooperation with municipalities and all stakeholders in general, honestly analyse all issues 

at stake, clearly explain the importance and value of the national grid installations for the 

welfare of the people in general (in fact, one of the most difficult tasks, as electrical power is 

surprisingly perceived as a granted good, the very high voltage system is “far away” from the 

typical low voltage consumer, and the profile, policies and practice of distributors are not 

direct REN’s business), share its analysis of impacts and mitigation measures in order to 

agree on a basis that is accepted as giving a global added value to society in an environmental 

acceptable way. This, of course, is no trivial task, when local authorities do not willingly 

cooperate to the broader, “systemic” so to speak, view that is needed to understand the role of 

the electrical transmission system. In spite of this REN’s record of “hard” NIMBY processes 

is quite low and a lot of government, municipal and private agencies, environmental and 

otherwise, have cooperated to promote the success of some of REN’s projects. 

The way REN has been handling the EMF risk communication in order to achieve public 

acceptance to new transmission lines and substations is to be in line with the 

recommendations of the Council of the European Union “Limitation of Exposure of the 

General Public to Electromagnetic Fields (0 Hz – 300 GHz) of 1999-07-12. 

The publication “Electromagnetic Fields” of the World Health Organization (Regional Office 

for Europe) to Local Authorities, Health and Environment has proven to be an important tool 

to reassure the public and local authorities of the honest and transparent standing of REN on 

the issue. REN has promoted a Portuguese translation of this document and has made it 

available to people and organizations interested in an independent source of information on 

the subject. 

There is no easy path to achieve Public Acceptance. REN, S.A. over the last 5 years has 

achieved deep changes in the methods and policies around the activities of projecting and 

building lines and substations. These changes also included the positioning of its 

collaborators and workers on the subjects referred above, and specific training about 

environmental and public communication issues. To build and maintain a relationship of trust 

with the public is the key issue much more than intricate analysis that generally, albeit with 

2003-200-0005 88 March 2003

great accuracy models, add very little to what is already known. Still, REN has a way to go in 

improving the general knowledge of its mission by the public. 

10. Additions to Existing European Legislation 

The complexity of the whole process of projecting and building the transmission network 

stems mainly from the great number of authorities and entities with administrative, territorial 

and environmental responsibility, in what sometimes may be accurately described as a 

“labyrinthine process”. The very wide nature of the environmental issues, often involving 

sensitive political aspects or uncertainties regarding scientific knowledge are very prone to 

speculation, to counter which, as a rule, an effort for honest discussion is left solely at the 

capability of the promoters. 

The promoters shall have capacity to demonstrate that the role of the transmission networks is 

one intrinsic value to society and it is an essential contribution for the public welfare and 

general living quality. 

So, we cannot see how it that Community Entities can attenuate certain aspects of difficulties 

that arise, as specific problems of the laws, regulations and established relationships between 

the various sources of political, economical and social power in each country. 

2003-200-0005 89 March 2003

PORTUGAL Annex 2: Environmental aspects of network substations 

ASPECTS DETAILED DESCRIPTION OF ENVIRONMENTAL ASPECTS REFERENCES 

Land The site should preferably be on fairly flat land. This would significantly cut down the 

possible effects on the substratum by reducing the need for earth movements. The Area 

of the substation site must not be flood-prone / water stagnation. The terrain should be 

big enough and have a suitable layout for housing all substation equipment and services, 

including futures extensions. 

Water The site should be chosen so as to avoid any damage to the natural drainage network, 

especially to permanent surface watercourses, avoiding their interruption, and to 

ground-water recharge areas, to avoid any damage to the underground network. 

Vegetation When possible the substation should be sited in low-productivity farming areas or 

uncultivated land. The impact on vegetation of the future line corridors should be 

considered. 

Fauna The site should be chosen so as to avoid any areas or spots listed as protected areas due 

to the importance of their animal communities. 

Population & 

economy 

As far as possible the substation must be sited away from population centres, areas of 

potential urban development. If technically this cannot be avoided then special design 

considerations ought to be sought. Any zones with a tourist and / or recreational 

potential must be avoided. 

2003-200-0005 90 March 2003 

.



substation to avoid urban areas, development land or land held in reserve for possible 

future development. 

Cultural 

Heritage 



Protected 


Landscape 

Electro 

Magnetic 

Fields 

All areas should be avoided that contain items belonging to the cultural heritage, to 

prevent either direct damage, such as the deterioration or destruction of archaeological 

remains, or indirect, resulting from placing the substation in the vicinity of a monument 

and affecting its visual setting. 

Consideration should be given to the presence of any infrastructure such as radio and 

television antennae and / or relays, airports and aerodromes, other projects, generating 

plant or substations belonging to other electricity companies, deposits of fuel or 

flammable material, dumps, military sites or any other infrastructure that might impose 

limitations on the siting of the substation and the incoming lines from other substations. 

The substation should be sited outside and as far as possible from any areas listed as 

protected natural sites, especially national and natural parks, or other listings of similar 

standing. Wherever possible, the substation must be sited in areas of little scenic value. 

The levels of Electro Magnetic Fields should be in full compliance with the relevant EE 

Directive. 

8550/99 

2003-200-0005 91 March 2003

PORTUGAL Annex 3: Additional technical and environmental aspects of totally enclosed substations 

ASPECTS Technical and Environmental aspects of totally enclosed substations REFERENCES 

Transformer 

oil 

Fire fighting 

and control 

Transformer oil, in case of a failure, needs to be collected in totally sealed basins to 

protect the water strata of the neighbourhood. Access should be given to the fire brigade 

or other Authority to remove the collected oil in suitable containers and transfer it to an 

authorised plant for incineration or treatment. 

The substation has to be divided in distinct fire zones and areas that are rated as high risk 

to catch fire need to be equipped with an approved fire fighting system that ought to be 

known to the local fire Authorities. 

Noise The substation in full operation should be so designed so that it won’t add to the ambient 

noise level above the regulated limits. 

Land Depending on the availability of land enclosed substations can be built, 

• Totally over-ground (cheapest and preferred) in close proximity with other 

buildings 

• Partially underground with physical ventilation and cooling of heated up areas as 

part of a complex of buildings 

• In exceptional cases, totally underground with forced cooling and ventilation. 

2003-200-0005 92 March 2003

PORTUGAL Annex 4: Environmental aspects of network transmission lines 


Land The corridor of the line should preferably be as straight as possible with the minimum 

visual and environmental impact. 

Water The site of towers should be chosen so as to avoid any damage to the natural drainage 

network, especially to permanent surface watercourses, avoiding their interruption, and to 

ground-water recharge areas, to avoid any damage to the underground network. 

Vegetation Where possible the line corridors should be sited in low-productivity farming areas or 

uncultivated land. 

Fauna The line corridor should take in account the bird flight paths (bird migration) and the line 

design in these areas must considerer mitigation measures to minimise the problems (bird 

collisions). 

Population & 

economy 

As far as possible the line corridor must be sited away from population centres, areas of 

potential urban, tourist or recreational development. If technically this cannot be avoided 

then special design considerations and construction practices ought to be sought. 

2003-200-0005 93 March 2003


Town Planning The local town planning policy needs to be taken into account when choose the line 

corridor to avoid urban areas, development land or land held in reserve for possible 

future development. 

Cultural 

Heritage 



Protected 


Landscape 

Electro 

Magnetic 

Fields 

All areas should be avoided that contain items belonging to the cultural heritage, to 

prevent either direct damage, such as the deterioration or destruction of archaeological 

remains, or indirect, resulting from erecting towers or conductors in the vicinity of a 

monument and affecting its visual setting. 

Consideration should be given to the presence of any infrastructure such as radio and 

television antennae and / or relays, airports and aerodromes, other projects, generating 

plant, deposits of fuel or flammable material, dumps, military sites or any other 

infrastructure that might impose limitations on the choose of the line corridor. 

The line corridor should be sited outside and as far as possible from any areas listed as 

protected natural sites, especially national and natural parks, or other listings of similar 

standing. Wherever possible, the line corridor must be sited in areas of little scenic 

value. 

The levels of Electro Magnetic Fields should be in full compliance with the relevant EE 

Directive. 

8550/99 

2003-200-0005 94 March 2003

SLOVENIA 

Integration of Electric Power Transmission Facilities into Space in the Republic of 

Slovenia 

The Slovenian electric power transmission system consist of main part of the 110 kV network 

with its transmission role, 220 kV and 400 kV network consisting of overhead transmission 

lines, distribution transformer stations and distribution stations. 

1. Legislation 

In compliance with the applicable Slovenian Energy Law (EL) and the related sub-legal acts 

(still under preparation), each electric power transmission facility shall have to apply and be 

granted the energy permit. 

The empowered environmental legislation of the Republic of Slovenia is extremely rigorous 

and is being implemented on the basis of the following laws: Law on Environmental 

Protection, Law on Nature Preservation, Law on Natural Heritage, Law on Spatial 

Arrangements, Law on Settlement Arrangements and Other Interventions with Space as well 

as Law on Spatial Planning and Arrangements in the transition period. The law that strongly 

and decisively affects construction procedures foreseen for electric power transmission 

facilities is the Law on Plant Construction. The new Slovenian legislation for the above areas 

- preparations for which have been underway for several years - is believed too be more 

demanding than the applicable in many views. Namely, the environmental legislation is for 

certain areas more restrictive than the European directives; viewed from the natural and 

cultural heritage perspective, construction of electric power facilities is in certain regions 

absolutely prohibited. 

Very rigorous is also the Ordinance on Electromagnetic Radiation in the Natural and Living 

Environment; for the regions classified into the group for which the most severe 

environmental protection regime is foreseen, to have them optimally protected against 

electromagnetic radiation, the limit value for the electric field is 0.5 kV/m and for the 

magnetic field this value is 10 uT. 

It is quite unusual, compared to other practices world-wide, that the Slovenian energy sector 

has no Ministry of its own and that it operates under the Ministry of Environment and Space, 

which is primarily environmentally oriented. This state is the origin of continuous conflicting 

interests within the Ministry. 

2. Integration with the National Spatial Plans 

All the Slovenian electric power transmission facilities are dealt with as facilities of the 

national importance. Based on the study of energy feasibility and environmental vulnerability, 

each individual facility has to enter an adopted procedure qualifying it for being admitted into 

the spatial plan of the Republic of Slovenia. After all the needed harmonisation among the 

various Ministries is achieved, the relevant proposal for a particular facility is now presented 

to the Slovenian Parliament for discussion and acceptance. Inclusion of a certain facility into 

the Republic plan does not always ensure availability of a adequate reservation in a spatial 

plan of a particular community. This is the reason why the last procedure of the kind took 

approximately three years. 

2003-200-0005 95 

March 2003

3. Integration into Space 

Based upon the proposal by the Bureau for Energy, the Minister of the Ministry of Space and 

Environment approves the preparation program for a facility which has been accepted into the 

Spatial Plan of the Republic of Slovenia. For this purpose, town planners make a comparative 

study of the possible variants (either of the spatial or technological character), in which they 

duly take into account criteria of all the involved ministries (approximately seven) and their 

corresponding professional services. After such study is revised, it is assessed by the 

community council which may, if so decided, ask for the public opinion. Based on the 

conclusions reached by the community council, the comparative study is now complemented 

(usually with new variants) whereupon a proposal is being made for its further consideration 

by the Committee for Infrastructure and Environment of the National Assembly. The 

Committee usually decides which variant should be selected and further discussed within a 

next procedure. Now follows a procedure for drafting the sitting plan, which has to be - 

together with a report on (harmful) effects of the discussed facility on the environment - 

shown to the public at the seat of all the crossed communities. After all the justified comments 

have been duly taken into account, the final draft of the sitting plan can now be made. For its 

definite and final approval some thirty consents are needed (administrative, by the rest of the 

infrastructure and by local communities). Now follows a decree with which the sitting plan, 

as well as resulting changes in spatial plans of the crossed communities, are approved. A 

usual problem to be coped with is the fact that in corridors for the planned overhead lines 

there already are facilities constructed, for which no permits have been given. In such case the 

path of the corridor must be changed several times despite the existence of the reservation. As 

a rule, such procedure takes two to three years. 

4. Procurement of Permits and Concluding Contracts with Building Plot Owners 

Based of the accepted sitting plan, a planning-drawing company implements a project, which 

is needed for applying for the construction permit. Once the construction permit is granted, all 

the formerly already obtained consents must be provisioned anew (of a special importance are 

in particular the health and environmental consents). The construction permit must also be 

accompanied with contracts exhibiting actual servitude rights given by building plot owners 

for the entire corridor ( for the overhead lines of the 110 kV level this is 30 m, for the 220 kV 

level 40 m and for the 400 kV level 50 m) and for the electric towers. If no contract can be 

concluded with the plot owners, a request for a mandatory establishment of the servitude right 

is submitted to the Court. Such procedure may take several years. After all the above 

documents have been collected, a unique construction permit is obtained providing the basis 

for the commencement of work. The duration of the permit granting depends on the 

development of the Court procedures. 

Note: The issue has been dealt with also by the Study Committee 37, i.e. Planning and 

Development of Electric Power Systems (WG09) of the Paris CIGRE. In 1992 the 

Committee made a comparative analysis of procedures for integration of these 

systems into space in various countries. 

2003-200-0005 96 

March 2003

SPAIN 

Public Acceptance for Networks 

1. Environmental and administrative process 

National Government 

In the Ministry of Environment the steps are: 

i) Environmental Impact Study (EIS) 

The contents of the EIS are defined by law and is required for: 

• All power lines of a voltage of 220 kV or more and a length of 15 km or more 

• Power lines crossing areas of special interest for 3 km or more 

• When the Autonomous Region legislation requires it 

• The substations do not require an EIS, unless the Autonomous Region legislation 

requires it 

ii) Previous Consultations 

The Ministry of Environment sends a summary of the project to be done to all the organisms 

that can be interested or affected by the installation, like other administrations (autonomous 

and local), associations of neighbors, ecologists groups, NGO's etc., so they can present all 

the information they considered of interest about the environmental aspects of the project, and 

that will be included in the EIS. 

iii) Determination of the Route of Minor Impact 

With all this information the possible alternatives for the corridor are analyzed and the route 

with the minor environmental impact is determined and included in the EIS. 

iv) Public Information of the project and the EIS 

The project and the EIS undergo a period of time in which the general public can present 

complaints, proposals, alternatives or suggestions. 

v) Declaration of Environmental Impact 

If the Ministry of Environment considers that the project and the EIS are valid and the 

alternative proposed is environmentally correct, the project receives a positive Declaration of 

Environmental Impact and the administrative process can go on. In this step this Ministry can 

propose precautionary or corrective actions. 

In the Ministry of Economy (the former Ministry of Industry) the steps are: 

i) Administrative Authorization 

Once the proposed installation has been environmentally approved, this Ministry of Economy 

accepts it as part of the transmission network, so the company will be paid for it. 

ii) Public Service Declaration 

The Ministry of Economy declares that the installation is useful for the electrical system and 

the public. It is not required by law, but gives the installation some rights over private 

interests; for example: if is not possible to reach an agreement with the owner of the land 

2003-200-0005 97 

March 2003

crossed by a power line, this declaration enables the electrical company to expropriate and 

build the installation compensating the owner with the amount of money stated by a judge. If 

other administration (another Ministry, Autonomous Region or Local Government) does not 

agree with this declaration, el Council of Ministers of Spain must decide over it. 

iii) Project Approval 

The Ministry of Economy approves the project of the installation, with all the technical details 

and the precise locations of the pylons and substations. 

iv) Beginning of Activities Act 

The Ministry of Economy certifies that the installation has been constructed following the 

technical project and that it complies with all the laws and regulations. With this act the 

installation can be put in service. 

Autonomous Region Government 

Some autonomous regions have territorial plans that classify the land for different purposes. 

The power lines and substations must be installed where they are permitted. 

Local Government 

Although it is not required by law for power lines [it is for substations, like any other building 

or industry], Red Eléctrica always tries to reach an agreement with the local government and 

fix an economical compensation. 

Owners 

The company compensates the owners of any private property crossed by the power line. The 

amount of the compensation depends on the kind of affection (installation of the pylon, the 

conductors crossing the property…) and the value of the land. Usually the compensation is 

agreed, if not a judge must decide it. 

2. Standards 

In Spain there is no standard about minimum distance from power lines or substations to 

buildings based on environmental reasons; the only distances established by law are based on 

electrical security. There isn't either a standard about exposure to electromagnetic fields, but 

the Ministry of Health is planning to approve a law based on the European recommendation 

about exposure of the general public to electromagnetic fields from 0 Hz to 300 GHz 

(1999/519/CE). 

Although it is not required by law, Red Eléctrica always tries to keep when locating a new 

installation a minimum distance of 1 km to villages and cities and, at least, 100 m to any 

isolated building. 

2003-200-0005 98 

March 2003

3. Environmental Aspects 

The environmental aspects cited in the Annex 2, 3 and 4 fit what is taken into account right 

now in the Environmental Impact Study when planning a new installation in Spain. We agree 

on everything except that we do not consider corridors along rivers. 

The Environmental Impact Study of a new high voltage installation of Red Eléctrica takes 

into account the following aspects: 

• Land 

• Water 

• Air 

• Vegetation 

• Fauna 

• Landscape 

• Social-Economic (population, town planning, cultural heritage, other infrastructures, 

etc.) 

The protected natural sites are the most important environmental aspect in Spain: new 

installations must avoid these areas. 

4. Other Aspects 

Now are under study other aspects like a Plan for the Social Acceptance of the new 

installations. 

5. Example 

In 1986 Red Eléctrica received from the former Ministry of Industry the Administrative 

Authorization and the Public Service Declaration for the 400 kV power line Lada-Velilla, in 

Northwestern Spain. 

The Autonomous Region Government (Castilla y León) appealed to a Regional Court, 

because they considered that the Public Service Declaration of several natural sites (mounts 

and national reservation areas for hunting) crossed by the power line had priority over the 

power line. After a long legal struggle, the Supreme Court of Spain declared that the Public 

Service Declaration of the power line overruled the older ones, so the installation could go on. 

But in those years one of these areas was declared Regional Protected Natural Site and now 

there is a great social opposition, lead by some local governments, for the power line to cross 

it. The main reason is that a lot of activities [the installation of new industries, for example] 

are severely constrained in Regional Protected Natural Sites, so the population considers 

unfair the installation of the power line. They have presented a complaint to the European 

Court. 

As usual in other cases of social opposition, the arguments against the power line are mainly 

the affection to the local fauna and vegetation and the hypothetic health problems related to 

the exposure to electromagnetic fields. 

2003-200-0005 99 

March 2003

Special technical solutions 

“Public Acceptance of Transmission Lines and Substations” 

Regarding Red Eléctrica’s experience when applying technical solutions to promote public 

acceptance of transmission lines and substations, the following issues are to be taken into 

account: 

Painting pylons to mask them with the environment is not a recommended practice in those 

areas where airplanes or helicopters may fly. This is the case of woodlands, where, and when 

fires outbreak, these aerial means are needed to help with extinction, then, pylons are of great 

help to locate cables, moreover when visibility is difficult. We have to keep in mind that in 

Spain there are lots of wooden areas and fires are relatively frequent during summer time. 

Painting substations to improve visual integration is an issue that we have not yet putted into 

practice. However, at this time we are working on a project on landscape fitness of substations 

including painting of substations’ elements, which practices will start in 2002. 

Standard tubular pylons have been used in a section of a 400 kV line that forcedly had to 

cross an area with relatively high-density population. The target was to have a larger public 

acceptance of the line; however we have not made any research to evaluate its degree of 

acceptance or refuse. 

Until now we have not built any overhead line with underground cable sections, even when it 

is frequently demanded by the administration and by people affected by existing or projected 

transmission lines. Moreover considering its technical difficulty and cost, we think it is not an 

appropriate solution, because if a precedent is established, it could be arbitrarily demanded. 

We have made successful tests with infographic simulations (computerised on picture 

support) on line-alternatives, what enabled to demonstrate the best solution to competent 

authorities. As well as and to a smaller extend, on substations in which planting had been 

foreseen for its camouflage, showing the substation aspect with its plants and its evolution 

with the passing of time, what is specially useful to local Authorities. 

In this way we consider of great interest the contracts or conventions with local 

Administration (Municipality), which established at new installations, include compensating 

measures of social and environmental character. 

2003-200-0005 100 

March 2003

SWITZERLAND 


1. Acceptance procedure 

Today, the legal procedure leading to the acceptance for new transmission lines and 

substations in Switzerland is divided into two separate parts. The first one is the preliminary 

procedure, which leads to the official acceptance of the necessity of a project by the federal 

government. The second procedure is based on an detailed project and leads to the final 

acceptance with the right of expropriation by a specially assigned federal authority. The total 

acceptance time for the whole procedure for a new project varies at the moment between 5 

and 15 years, depending on the amount and the importance of the presented interest conflicts. 

In the preliminary procedure the system operator i.e. the project leader has to provide all 

arguments for the necessity of the project, to evaluate a possible route for the new line and to 

describe all possible conflicts along this route. After a preliminary acceptance of the project’s 

necessity by the federal authority the project leader has to initiate an environmental impact 

study. In a preliminary report the project is described with all possible alternatives for the 

routing of the line. All relevant impacts along the preferred route and the measures to 

minimize these impacts have to be described. This preliminary study has to be published and 

all interested parties are requested to state their concerns or objections. The federal authority 

assigns a task force for each project, which has to represent the different interest parties and to 

evaluate compromises in order to minimise the public interest conflicts. With this public 

settlement process the preliminary procedure is closed by the federal government that chiefly 

decides whether and under which conditions the project can be realised. 

In the following phase all technical documents are worked out in detail in parallel with the 

elaboration of the complete environmental impact study. The final documents for acceptance 

also contain a list of all concerned landowners. The owners who have not signed a 

remuneration contract with the project investor will be subjected to a expropriation procedure 

after acceptance. The final acceptance can only be decided after a second, more extensive 

public inquiry procedure in which every interested party can state its concerns or claims 

again. This decision can be disputed after publication within 30 days. In case of unresolved 

dispute with the exception of remuneration the federal government takes the last decision. 

2. Remuneration 

Remuneration of landowners for the right-of-way is no problem in agriculture and forest 

zones. These remunerations are based on general accepted guidelines. In the case of land 

where buildings can be erected, the land has to be bought or the restriction for buildings has to 

be remunerated. In these cases the agreement on the remuneration can be a long-lasting legal 

procedure, but without any influence on the realisation of the project. 

Dr. Heinrich Zimmermann, Atel Transmission Ltd 

2003-200-0005 101 

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UNITED KINGDOM 

Public Acceptance for New Transmission Lines and Substations 

The general statutory requirements and planning process for new transmission lines and 

underground cables along with those for substations are detailed in the paragraphs below. 

1. Transmission Lines 

The development of new transmission lines and other works must be in accordance with the 

Electricity Act 1989 Schedule 9, which requires the developer to give due consideration to 

amenity, and in accordance with our duties under the Act, to develop and maintain an 

efficient, co-ordinated and economical system of electricity transmission. Currently the 

company’s schedule 9 statement is under review following concern by some shareholders that 

sufficient cognisance is being given to amenity. 

The existing schedule 9 statement can be found at the internet address: 

www.nationalgrid.com/uk/library/brochures/electricity_act_stmt/index.html 

The Draft Revised Schedule 9 Statement at: 

www.nationalgrid.com/uk/environment/schedule9brochure.pdf. 

The Consent of the Secretary of State for Trade and Industry (DTI) is required (Section 37 of 

Electricity Act) to construct a new overhead line. 

Planning permission for development under Town and Country Planning Act 1990 is required 

and this needs to be given by the DTI but requires the Local Council to accept the 

development through a Form B procedure. If the Local Council makes an objection to the new 

line then the Secretary of State must hold a Public Inquiry. This allows all cases for and 

against the new construction to be heard in a public process with the Secretary of State then 

making a final decision. 

Easements or Wayleaves for the line route are required from the land owners and occupiers. If 

a voluntary wayleave for a route is not granted by the owner/occupier then an application can 

be made to the Secretary of State (Schedule 4 of the Electricity Act) for a ‘necessary 

wayleave’. 

An environmental impact assessment is undertaken for all major new works and an 

Environmental Statement would accompany any applications for new transmission lines. 

Any new transmission lines that crosses tidal waters and special roads requires the specific 

permission of a Secretary of State, or in the respect of some special roads, the Special Roads 

Authority. 

The ‘Holford rules’ which are attached in Annex 2 detail guidance on National Grid’s 

approach to line routeing and undergrounding. 

2003-200-0005 102 

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2. Underground Cables 

The case for using underground cables is limited due to the extremely high additional costs, 

however, consideration will be given where the benefits of maintaining the visual amenity can 

be demonstrated to: 

• outweigh the adverse effects on other environmental factors 

• justify the high additional cost, and 

• where it is technically possible and will not conflict with the company’s statutory duties 

The installation of underground cables must comply with the Electricity Act. 

The construction of new underground cables does not require consent or planning permission. 

However, cable sealing ends and other associated assets may need appropriate planning 

permission. 

Easements are required from the land owners and occupiers. Where this is not forthcoming 

the company would pursue compulsory purchase agreements. 

An Environmental Statement is undertaken for major new underground cable works where 

there may be significant adverse effect on amenity. 

3. Substations 

Planning permission under the Town and Country Planning Act 1990 is required from the 

Local Council for the development. The consent of the Secretary of State for Trade and 

Industry is not required for the development of substations and other sites. 

Environmental impact assessments will be undertaken as a report will be submitted to support 

the application. 

The land required for the new substation will need to be acquired from the existing landowner 

and appropriate easements for access will be required. There are compulsory purchase powers 

through the Electricity Act if necessary land cannot be acquired. 

Construction of Overhead lines and structures within operational land does not generally 

require Section 37. 

Annex 2 also contains guidelines used within National Grid on the siting and design of 

Substations (Horlock Rules) 

2003-200-0005 103 

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Annex 2: Additional relevant material 

• United Kingdom - The Holford Rules 

• United Kingdom - Guidelines on Substation Siting and Design 

• Luxembourg - Grand Ducal Decree of 4 March 1994 on environmental impact 

assessment of certain public and private-sector projects 

2003-200-0005 104 

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THE NATIONAL GRID COMPANY PLC AND NEW HIGH VOLTAGE 

TRANSMISSION LINES: GUIDELINES FOR LINE ROUTEING (THE 

HOLFORD RULES) AND UNDERGROUNDING 

1 Introduction 

The National Grid Company plc (NGC) has a statutory duty under the Electricity Act 1989 to 

develop and maintain an efficient, co-ordinated and economical transmission system of 

electricity for England and Wales. It also has statutory duties in relation to preservation of 

amenity under Schedule 9 of the Act, and has published a Schedule 9 Statement setting down 

how it proposes to meet these. 

When there is a requirement to extend its network, NGC’s approach, in common with general 

world practice, is to seek overhead line connections wherever possible. The aim is to achieve 

a technically and economically feasible route with the minimum of intrusion on landscape, 

property, flora, fauna and the cultural heritage. 

This document is intended to provide guidance to NGC staff and consultants who are 

responsible for planning new high voltage transmission developments. It describes the 

standards and criteria which the company wishes its staff to aim to satisfy. As such, it 

represents a codification of existing practices coupled with new requirements to meet 

contemporary circumstances. The guidelines will be reviewed as changing circumstances 

require. 

2. The Holford Rules 

Guidelines on line routeing were formulated in 1959 by Sir William Holford, later Lord 

Holford, who was a part-time member of CEGB. NGC has reviewed these guidelines and 

concluded that the Holford Rules have stood the test of time. NGC therefore intends to 

continue to employ them as a basis of the company’s approach to transmission line routeing. 

The original Rules are set out in an attachment, with some notes of clarification added. 

Since the formulation of the original Rules, formal requirements for environmental 

assessment have been introduced. While environmental assessments for transmission lines 

address wider topics than the visual amenity issue on which the Holford Rules concentrated, 

the Holford Rules are still an invaluable tool in selecting and assessing line routeing options 

as part of the environmental assessment process. 

3. Undergrounding 

Underground cables are sometimes suggested as an alternative to overhead lines. However, 

there are severe disadvantages associated with high voltage underground cables and this is 

reflected in NGC’s policy on undergrounding. NGC has also produced guidelines for 

undergrounding. A paper is attached on undergrounding comprising NGC’s policy and 

guidelines, and an appendix summarising the main factors influencing NGC’s preference for 

overhead lines over underground cables. 

2003-200-0005 105 

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THE HOLFORD RULES: 

GUIDELINES FOR THE ROUTEING OF NEW HIGH VOLTAGE 

OVERHEAD TRANSMISSION LINES 

Rule 1 

Avoid altogether, if possible, the major areas of highest amenity value, by so 

planning the general route of the line in the first place, even if the total mileage is 

somewhat increased in consequence. 

Note on Rule 1 

a Investigate the possibility of alternative routes, avoiding if possible the areas of 

highest amenity value. The consideration of alternative routes must be an integral 

feature of environmental statements. 

b Areas of highest amenity value are: 

Rule 2 

Areas of Outstanding Natural Beauty 

National Parks 

Heritage Coasts 

World Heritage Sites 

Avoid smaller areas of high amenity value, or scientific interest by deviation; 

provided that this can be done without using too many angle towers, ie the more 

massive structures which are used when lines change direction. 


a Some areas (e.g. Sites of Special Scientific Interest) may require special consideration 

for potential effects on ecology (e.g. to their flora and fauna). 

b Where possible choose routes which minimise the effects on the settings of areas of 

architectural, historic and archaeological interest including Conservation Areas, Listed 

Buildings, Listed Parks and Gardens and Ancient Monuments. 

Rule 3 

Other things being equal, choose the most direct line, with no sharp changes of 

direction and thus with fewer angle towers. 


a Where possible choose inconspicuous locations for angle towers, terminal towers and 

sealing end compounds. 

2003-200-0005 106 

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Rule 4 

Rule 5 

Choose tree and hill backgrounds in preference to sky backgrounds wherever 

possible; and when the line has to cross a ridge, secure this opaque background as 

long as possible and cross obliquely when a dip in the ridge provides an opportunity. 

Where it does not, cross directly, preferably between belts of trees. 

Prefer moderately open valleys with woods where the apparent height of towers will 

be reduced, and views of the line will be broken by trees. 

Note on Rules 4 and 5 

a Utilise background and foreground features to reduce the apparent height and 

domination of towers from main viewpoints. 

b Minimise the exposure of numbers of towers on prominent ridges and skylines. 

c Where possible avoid cutting extensive swathes through woodland blocks and 

consider opportunities for skirting edges of copses and woods. 

d Protect existing vegetation, including woodland and hedgerows, and safeguard visual 

and ecological links with the surrounding landscape. 

Rule 6 

In country which is fiat and sparsely planted, keep the high voltage lines as far as 

possible independent of smaller lines, converging routes, distribution poles and 

other masts, wires and cables, so as to avoid a concatenation or ‘wirescape’. 


a In all locations minimise confusing appearance. 

b Arrange wherever practicable that parallel or closely related routes are planned with 

tower types, spans and conductors forming a coherent appearance; where routes need 

to diverge, allow where practicable sufficient separation to limit the effects on 

properties and features between the lines. 

Rule 7 

Approach urban areas through industrial zones, where they exist; and when 

pleasant residential and recreational land intervenes between the approach line and 

the substation, go carefully into the comparative costs of undergrounding, for lines 

2003-200-0005 107 

March 2003

other than those of the highest voltage. 


a When a line needs to pass through a development area, route it so as to minimise as far 

as possible the effect on development. 

b Alignments should be chosen after consideration of effects on the amenity of existing 

development and on proposals for new development. 

c When siting substations take account of the effects of the terminal towers and line 

connections that will need to be made and take advantage of screening features such as 

ground form and vegetation. 

Supplementary Notes 

(a) Residential Areas 

Avoid routeing close to residential areas as far as possible on grounds of general 

amenity. 

(b) Designations of County, District and Local Value 

Where possible choose routes which minimise the effect on Special Landscape Areas, 

Areas of Great Landscape and other similar designations of County, District or local 

value. 

(c) Alternative Tower Designs 

In addition to adopting appropriate routeing, evaluate where appropriate the use of 

alternative tower designs now available where these would be advantageous visually, 

and where the extra cost can be justified. 

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March 2003

Guidelines on Substation Siting and Design 

(The Horlock Rules) 

THE NATIONAL GRID COMPANY plc 

NGC SUBSTATIONS AND THE ENVIRONMENT: GUIDELINES ON SITING AND 

DESIGN 

Section I INTRODUCTION 

1 The National Grid Company plc’s (NGC’s) policy statement on the environment 

recognises the importance of giving due regard to protecting and enhancing the 

environment and taking into account the environmental effects of the Company’s 

actions. The Company has statutory duties in relation to preservation of amenity under 

Schedule 9 of the Electricity Act 1989, and has published a Schedule 9 Statement 

setting out the manner in which it proposes to meet these duties. 

2 NGC has a statutory duty under the Act to develop and maintain an efficient, 

coordinated and economical transmission system of electricity for England and Wales. 

New transmission lines, new substations, sealing end compounds, line entries, 

additions and extensions to existing substations may be required to provide new 

connections for customers or reinforcement of the national grid system arising from 

changes in the demand for and generation of electricity. 

3 This document explains the approach NGC takes towards such developments (Section 

II) and contains Guidelines (Section III) to assist those responsible for siting and 

designing substations to mitigate the environmental effects of such developments and 

so meet the Company’s policy. The document complements the Company’s Holford 

Rules guidelines on the routeing of high voltage transmission lines and when 

appropriate should be used in conjunction with them. 

4 The guidelines are to be used by NGC staff, their consultants, and contractors in the 

siting and design of new substations and extensions to substations. They reflect the 

criteria the company requires its staff, consultants and contractors to satisfy. 

5 As recognised in its Schedule 9 Statement NGC places importance on consultation 

with statutory planning and amenity bodies over its proposals for new developments. 

NGC believes that the availability of these guidelines will assist in such discussions 

by referring to the main considerations relevant to substation siting, and will thereby 

assist in achieving the most appropriate siting and design solutions. 

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Section II NGC’S APPROACH TO DESIGN AND SITING OF SUBSTATIONS 

Approach to the Environment 

6 NGC’s environmental policy recognises the importance of giving due regard to 

protecting and enhancing the environment and taking into account the effect on the 

environment of all the Company’s actions. Following the principle of integrating 

environmental considerations into all its activities, NGC seeks to keep known adverse 

effects on the environment to a reasonably practicable minimum and, in accordance 

with its duties under Schedule 9 of the Electricity Act, the Company gives due regard 

to the preservation of amenity and takes reasonable steps to mitigate the effects of its 

relevant proposals. To achieve these aims the Company therefore has to balance 

technical, economic and environmental considerations to reach reasonably practicable 

development proposals. 

7 The guidelines (Section III) deal with the amenity issues associated with the siting and 

design of new substations and major extensions or major modifications to existing 

substations. They cover a range of key issues from the time options are initially 

considered to final design, including form, silhouette and colour of the entire 

development in relation to the surrounding area, and also related issues such as 

overhead line entries, since these are dominant features in any substation. 

Environmental Report 

8 In order to achieve these objectives, the environmental effects of new substations and 

extensions or modifications to existing substations will be assessed and where 

appropriate an environmental report prepared describing the effects and mitigative 

measures. Items to be considered are summarised in Appendix A. 

Integrating Environmental Considerations into Power System Planning 

9 The nature of transmission system planning is such that scheme proposals and options 

may go through various stages before it is finally decided to proceed with 

construction. 

10 The purpose of each proposal for substation, sealing end compound or line entry 

development should be set out in a brief, and a range of system and siting options 

should be evaluated and documented as part of the selection of the preferred solution. 

In each case the effects of the overall development on the environment should be 

assessed, prior to a commitment to a particular site or design. 

11 When it is clear a project is likely to proceed, an assessment should be made of any 

additional skills required to deal effectively with the range of environmental, land use, 

planning and design issues. Consideration should also be given to consultation as soon 

as reasonably possible with appropriate statutory planning and amenity bodies. 

2003-200-0005 110 

March 2003

Liaison with other Electricity Companies 

12 NGC will encourage and recommend other parties such as power generators or 

regional electricity companies to adopt these guidelines when working with NGC on 

proposals for substations, sealing end compounds or line entries. 

Post Construction Review 

13 Following completion of the project, a review should be undertaken to check that the 

necessary measures identified in the environmental report have been implemented. 

Section III GUIDELINES 

Overall System Options and Site Selection 

1 In the development of system options including new substations, consideration must 

be given to environmental issues from the earliest stage to balance the technical 

benefits and capital cost requirements for new developments against the consequential 

environmental effects in order to keep adverse effects to a reasonably practicable 

minimum. 

Amenity. Cultural or Scientific Value of Sites 

2 The siting of new NGC substations, sealing end compounds and line entries should as 

far as reasonably practicable seek to avoid altogether internationally and nationally 

designated areas of the highest amenity, cultural or scientific value by the overall 

planning of the system connections. 

• Notes: 

1 Internationally and nationally designated areas of highest amenity, 

cultural or scientific value are: 

National Parks; 

Areas of Outstanding Natural Beauty; 

Heritage Coasts; 

World Heritage Sites; 

Ramsar Sites; 

Sites of Special Scien4fic Interest; 

National Nature Reserves; 

Special Protection Areas; 

Special Areas of Conservation. 

2 Care should be taken in relation to all historic sites with statutory 

protection eg Ancient Monuments, Battlefields and Listed Buildings. 

2003-200-0005 111 

March 2003

3 Account should be taken of Government Planning Policy Guidance and 

established codes of practice. 

4 Account should be taken of any development plan policies relevant to 

the siting or design of substations. 

3 Areas of local amenity value, important existing habitats and landscape features 

including ancient woodland, historic hedgerows, surface and ground water sources 

and nature conservation areas should be protected as far as reasonably practicable. 

Local Context. Land Use and Site Planning 

4 The siting of substations, extensions and associated proposals should take advantage 

of the screening provided by land form and existing features and the potential use of 

site layout and levels to keep intrusion into surrounding areas to a reasonably 

practicable minimum. 

• Notes: 

1 A preliminary study should be undertaken to identify the extent of land 

required to meet both operational and environmental needs. 

2 In some instances it may be possible to site a substation partially or 

fully enclosed by existing woodlands. 

3 Topographical information should be obtained at an early stage. In 

some cases a geotechnical survey may be required. 

5 The proposals should keep the visual, noise and other environmental effects to a 

reasonably practicable minimum. 

• Notes: 

1 Allow sufficient space for screening of views by mounding or planting. 

2 Consider appropriate noise attenuation measures where necessary. 

3 Use security measures which minimise visual intrusion from lighting. 

4 Consider appropriate on site water pollution prevention measures. 

5 Consider adjoining uses and the amenity of local inhabitants. 

6 The land use effects of the proposal should be considered when planning the 

siting of substations or extensions. 

• Notes: 

1 Issues for consideration include potential sterilisation of nationally 

important land, eg Grade 1 agricultural land and sites of nationally 

scarce minerals. 

2 Effects on land drainage. 

2003-200-0005 112 

March 2003

Design 

7 In the design of new substations or line entries, early consideration should be given to 

the options available for terminal towers, equipment, buildings and ancillary 

development appropriate to individual locations, seeking to keep effects to a 

reasonably practicable minimum. 

• Notes: 

1 With outdoor equipment, a preference should be given normally to a 

low profile design with low height structures and silhouettes 

appropriate to the background. 

2 Use lightweight narrow section materials for taller structures 

especially for gantries over about 6 metres in height. 

3 Commission exterior design and colours appropriate to the 

surroundings. 

4 Materials and colours for buildings, equipment and fencing should be 

chosen to harmonise with local surroundings 

5 Where possible avoid the use of prominent insulators by consideration 

of available colours appropriate to the background. 

6 Where possible site buildings to act as visual screens for switch gear. 

7 Ensure that the design of high voltage and low voltage substations is 

coordinated by early consultation between NGC and its customers. 

8 Where there are particular technical or environmental constraints, it 

may be appropriate to consider the use of Gas Insulated Switch gear 

(GIS) equipment which occupies less space and is usually enclosed 

within a building. 

9 Early consideration should be given to the routing of utility service 

connections. 

8 Space should be used effectively to limit the area required for development consistent 

with appropriate mitigation measures and to minimise the adverse effects on existing 

land use and rights of way, whilst also having regard to future extension of the 

substation. 

• Notes: 

1 Assess the benefit of removing redundant substation equipment from 

existing sites where this would improve their appearance. 

9 The design of access roads, perimeter fencing, earthshaping, planting and ancillary 

development should form an integral part of the site layout and design to fit in with 

the surroundings. 

Line Entries 

10 In open landscape especially, high voltage line entries should be kept, as far as 

possible, visually separate from low voltage lines and other overhead lines so as to 

2003-200-0005 113 

March 2003

avoid a confusing appearance. 

11 The inter-relationship between towers and substation structures and background and 

foreground features should be studied to reduce the prominence of structures from 

main viewpoints. Where practicable the exposure of terminal towers on prominent 

ridges should be minimised by siting towers against a background of trees rather than 

open skylines. 

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March 2003

NGC SUBSTATIONS - ENVIRONMENTAL REPORT 

Introduction 

All proposals for significant extensions of existing substations or for new substations and 

associated development should be the subject of an environmental appraisal and an 

environmental report should be produced. The project manager will be responsible for 

ensuring that an appropriate appraisal is undertaken and report prepared, with due regard to 

expert advice available to the team. 

For a major development a scoping exercise should be undertaken with the contribution of 

appropriate skills to establish the range and depth of the appraisal. It will generally be 

appropriate at this stage to consider consultation with the local planning authority. 

A clear distinction should be drawn between the preparation of an environmental report which 

will be undertaken in most cases and a full environmental statement(ES) which may on 

occasion be required under UK environmental assessment legislation, for example where the 

substation forms part of a major new power station for which an ES may be needed. 

Recommended Content of Environmental Reports for Substations 

Section 1 

Information describing the project during construction, when operational and on decommissioning 

including: 

1.1 Purpose and physical characteristics of the project, including details of access and 

transport arrangements and employment. 

1.2 Land use requirements and other physical features of the project. 

1.3 Operational features of the project and relevant measurements of emissions such as 

noise, vibration, light, heat and electric and magnetic fields. 

1.4 Main alternative sites considered and reasons for final choice. 

Section 2 

Information describing the site and its environment including: 

2.1 Physical features such as: 

- Flora and fauna 

- Soil: agricultural quality, geology 

- Water courses including land drainage generally 

- Climatic factors 

- Historic heritage and archaeological sites 

- Landscape and topography 

- Local recreational uses 

- Proximity of population and any other relevant environmental features. 

2003-200-0005 115 

March 2003

2.2 The policy framework 

Section 3 

The policy framework including all relevant statutory designations such as national 

nature reserves, sites of special scientific interest, national parks, areas of outstanding 

natural beauty, heritage coasts, special protection areas, special areas of conservation, 

regional parks, country parks, national forest parks, local nature reserves, areas 

affected by tree preservation orders, water protection zones, minerals protection 

zones, nitrate sensitive areas, conservation areas, listed buildings, scheduled ancient 

monuments, and designated areas of archaeological importance. It should also include 

references to Structure, Unitary and Local plan policies applying to the site and the 

surrounding area which are relevant to the proposed development as well as to any 

international designations. 

Assessment of effects on the surrounding area and landscape including: 

3.1 Visual effects, emissions during normal operation, noise, light, impact on local roads 

and transport. 

3.2 Effects of the development on buildings, the architectural and historic heritage and 

archaeological features. 

3.3 Loss of, and damage to flora, fauna and geology 

3.4 Land use/resource effects such as: 

- quality and quantity of agricultural land to be taken 

- sterilisation of mineral resources and alternative uses of the site 

3.5 Changes to hydrographic characteristics 

3.6 Air and Climate 

3.7 Indirect matters such as: 

- traffic (road, rail, air, water) related to the development, 

- development associated with the project, eg new roads, sewers, power lines, 

pipelines, telecommunications etc. 

Section 4 

Mitigation measures 

4.1 Where significant adverse effects are identified, a description of the measures to be 

taken to avoid, reduce or remedy those effects, eg 

a) site planning; 

b) technical measures eg equipment selection, recycling of waste or redundant 

parts, pollution control and treatment, containment (eg shielding of 

2003-200-0005 116 

March 2003

transformers and bunding); 

c) aesthetic and ecological measures eg: 

- mounding, design, colour, landscaping, tree planting 

- measures to preserve particular habitats or create alternative habitats 

- recording of archaeological sites 

- measures to safeguard historic buildings or sites. 

2003-200-0005 117 

March 2003

PERMISSIONS REQUIRED TO BUILD NEW TRANSMISSION LINES, CABLES 

AND SUBSTATIONS 

1. Law and authority 

To build new transmission lines, cables and substations requires a permit from both the Local 

Council and from the Norwegian Water Resources and Energy Directorate. 

In general two different permits are required: 

• Permit according to the Town and County Planning Act is given by the Local Council 

• Permit according to the Energy Act is given by The Norwegian Water Resources and 

Energy Directorate 

If there should arise a disagreement between the local Council and the Norwegian Water 

Resources and Energy Directorate, the disagreement will be settled between the Ministry of 

Petroleum and Energy and the Ministry of Environmental Issues. It is of importance to avoid 

such disagreements as they delay the building process. 

2. Permit according to the Town and County Planning Act 

The purpose of the Town and County Planning Act is to ensure, in general, that areas and 

natural resources are managed in an optimal manner, in addition to the esthetical 

considerations. All building projects must be built according to the local area plans. 

The act has for larger projects strict requirements that the builder documents the consequences 

for the environment, the natural resources, and the community. For example, this must be 

done for all transmission lines and cables with voltage 132 kV or greater, and with length 

above 20 km. 

Normally the local councils grant electrical constructions exemption from the local area plans, 

because they consider that these projects are treated sufficiently by the Norwegian Water and 

Energy Directorate. Problems arise when the local council disagrees with the use of the area 

for the desired electrical construction. For instance, they might disagree with the choice of 

transmission line instead of underground cable. In such cases, the local council will not grant 

an exemption, but will demand that the electrical company make a private area plan according 

to the Town and County Planning Act. 

All public area plans are sent to, among others, the electrical companies. This gives the 

electrical companies a chance to include their interests in the area planning, for instance to 

secure an area for a substation in new housing areas. This will simplify the later building 

process. 

Since 1997, the required permit according to the Town and County Planning Act has been 

simplified for electrical constructions. A building license is not anymore necessary, under the 

condition that a permit has already been given by the Norwegian Water Resources and Energy 

Directorate. This change only regards the actual building construction, not the considerations 

regarding the use of area mentioned above. 

2003-200-0005 118 

March 2003

The reason for the simplification is that the construction of transmission lines, cables and 

substations already is handled by the Norwegian Directorate for Product and Electrical Safety. 

This change has greatly simplified the building process. 

3. Permit according to the Act of Energy 

The procedure for giving a licence depends on the voltage of the electrical construction. 

For lower voltages (normally < 33 kV), an area licence is given to each electric company. 

Within a specific geographical area, the local electric company can build transmission lines, 

cables and substations, without involving the Norwegian Water Resources and Energy 

Directorate. The Directorate is only involved if there should arise a conflict with other 

interests. 

For electrical constructions involving higher voltages (normally > 33 kV), a detailed 

application is required from the electric company. For transmission lines and cables with 

voltage 132 kV or greater, and of length 20 km or greater, the consequences must be 

documented, as stated above. The application is open for the public, and is sent to all public 

and other interests that might be directly involved in the project. In addition, the Norwegian 

Water Resources and Energy Directorate often arranges local public meetings, before taking a 

decision regarding the application. 

4. Other matters 

Buying permission to use property 

The permission involves the right the build, maintain, and renew electrical constructions, 

including forest clearance under transmission lines. 

A written agreement with the landowner is usually arranged for smaller projects. 

Expropriation and statement of value in court is a normal procedure for greater projects 

involving several properties. Expropriation and permission to use the property before 

expropriation, is usually applied for at the same time as applying for the electrical licence 

mentioned above, and is also given by the Norwegian Resources Water and Energy 

Directorate. Expropriation of property is time consuming. 

5. Corridor width for transmission lines 

Electric companies buy a right to prohibit future housing and industry under transmission 

lines within a certain corridor width, depending on voltage and fase distance. The Norwegian 

Directorate for Product and Electrical Safety specifies the minimum distance to a line, but a 

larger distance is usually chosen by the electric company to simplify future maintenance and 

renewal. 

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March 2003

Grand-Ducal Decree of 4 March 1994 on environmental impact assessment of certain 

public and private-sector projects 

We, Jean, by the grace of God Grand-Duke of Luxembourg and Duke of Nassau 

decree the following 

under the amended Act of 9 May 1990 on dangerous, unhealthy or inconvenient installations; 

under the Act of 21 April 1993 on the approval of natural persons or legal entities in the 

private or public sector, with the exception of the state, for the execution of environmental 

technical assessment and audit commissions; 

in view of the opinion of the Chamber of Private-Sector Employees; 

in view of the opinion of the Chamber of Employment; 

in view of the opinion of the Chamber of Agriculture; 

the opinions of the Chambers of Commerce, Trade, Civil Servants and Public-Sector 

Employees having been solicited; 

having heard our Council of State; 

in response to the report by our Minister of the Environment and following deliberation by the 

government in committee: 

Article 1 Area of application 

The purpose of these regulations is to assess the environmental impact of the premises 

decreed by the Grand Ducal regulations as amended on 18 May 1990 which determine the list 

and classification of hazardous or insanitary premises or premises for carrying out noisy or 

noxious trades. 

Article 2 Definitions 

The following definitions apply under these regulations: 

1. “Project” means the implementation of construction work or other installations or work 

and other measures in natural surroundings or in the country, including those intended 

for exploitation of land resources. 

2 “Principal” means the applicant for permission for a private-sector or approved publicsector 

project, who is in charge of said project. 

3. “Authorisation” means the decision by the competent authority or authorities entitling 

the principal to implement the project. 

4. “Minister” is the minister whose responsibilities cover protection of the environment. 

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Article 3 Appendices 

The following appendices constitute an integral part of these regulations: 

- Appendix I: Premises covered by Article 4, sub-paragraph 1; 

- Appendix II: Information covered by Article 7. 

Article 4 Premises which are, by their nature, subject to an impact assessment 

1. The categories of premises included in Appendix I hereof are, by their nature, subject to 

assessment of their impact on the environment; 

2. Premises which are not covered by Appendix I hereto, but which are on the list drawn 

up under the amended Grand-Ducal regulations of 18 May 1990 which determine the 

listing and classification of hazardous or insanitary premises may be subjected to an 

environmental impact assessment by virtue of their nature, characteristics or location. 

Article 5 Implementation of assessment of impact 

In the absence of any statutory or regulatory stipulation to the contrary, impact assessments 

must be carried out by the principal, who may be a natural person or legal entity, under 

private or public law. 

The principal may commission one or more natural persons or legal entities approved by the 

minister in accordance with the law of 21 April 1993 on approval of natural persons or legal 

entities, other than the state, for carrying out the assessment and executing environmental 

technical assessment and audit commissions. 

Article 6 Examination of impact assessments 

The assessments of environmental impact are studied by the minister who may, ex officio, 

reject it and order completion at the expense of the principal if it is deemed incomplete. 

Article 7 Content of the assessments of impact 

1. The information to be supplied by the principal within the scope of an environmental 

impact assessment comprises the specific items listed in the Appendix to these 

regulations. 

2. Said information must be appended to the application for permission and always 

comprise at least the following: 

a) A description of the premises stating their nature, location, design, dimensions, 

use, installations, the procedures to be implemented and the approximate 

quantities of products to be produced or stored. 

b) A description of the measures planned to prevent or reduce the main 

inconveniences and risks posed by the premises and, if possible, measures likely 

to rectify them. 

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c) The data required to identify and assess the main environmental impact of the 

premises. 

d) A non-technical summary of the above. 

Taking account of the knowledge and existing methods of evaluation, this information may be 

used as a basis for drawing up a specification on the content of the environmental impact 

assessment to be submitted and the methodological approach to be applied. 

Article 8 Cross-border cooperation 

If a project is likely to have a significant effect on the environment in another state, or if a 

state likely to be significantly affected so requests, the information gathered under article 7 

hereof will be communicated to said state at the same time as it is communicated to domestic 

nationals. Such information will provide the basis for any consultation required within the 

scope of bilateral relations between the two states. 

Article 9 Implementation 

Our Minister of the Environment is commissioned with the implementation hereof, which will 

be published in the Gazette. 

The Minster of the Environment Château de Berg, 4 March 1994 

Alex Bodry Jean 

APPENDIX I 

Premises covered by Article 4, paragraph 1 

1. Crude oil refineries (with the exception of those producing only lubricants from crude 

oil) and installations gasifying and liquefying at least 500 tonnes of coal or bituminous 

shale daily. 

2. Thermal power stations and other combustion installations with caloric power of at least 

300 MW and nuclear power stations and other nuclear reactors (with the exception of 

research into the production and conversion of fissile and fertile material of which the 

maximum power does not exceed 1 kW permanent thermal duration). 

3. Installations intended solely for the permanent storage or final disposal of radioactive 

waste. 

4. Integrated plants for the initial smelting of cast iron and steel. 

5. Installations intended for the extraction and conversion of asbestos and products 

containing asbestos into asbestos cement products with annual production in excess of 

50 tonnes of finished products; in the case of other uses of asbestos, annual use of more 

than 200 tonnes. 

6. Integrated chemical plants. 

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7. The construction of motorways, arterial roads, routes for long-distance rail traffic and 

airports with a runway with a length of 2,100 metres or more. 

8. Commercial harbours, waterways and inland ports accessible by vessels with a 

displacement in excess of 1,350 tonnes. 

9. Installations for the disposal of toxic and hazardous waste by incineration or chemical 

treatment or its surface storage. 

APPENDIX II 

Information covered by Article 7 

Information to be provided within the scope of assessment of impacts involving at least the 

following factors: 

a) Analysis of the initial condition of the affected site and its surroundings by the 

installation; 

b) A description of the installation, to expressly include: 

- A description of the physical properties of the entire installation and requirements in 

terms of land use on construction/use of the installation; 

- A description of the principal features of the procedures used for construction and/or 

use of the installation, particularly the type and quantities of substances and materials 

used and/or produced; 

- An estimate of the type and quantities of residue and the anticipated emissions resulting 

from the construction and/or use of the installation. 

c) Depending on the circumstances, an outline of the principal alternative solutions 

considered by the principal and an indication of the principal reasons for his choice, 

with regard to the effects on the natural and/or human environment; 

d) A description of the environmental aspects likely to be affected by the installation, 

particularly man, the fauna, flora, the soil, water and air; the climatic factors, material 

assets, including architectural and archaeological sites, the landscape and the 

relationship between the aforegoing; 

e) A description of the significant effects which the installation is likely to have on the 

human and/or natural environment resulting from: 

- the construction and/or use of the installation 

- use of natural resources 

- emission of pollutants, creation of nuisances or waste disposal 

Inclusion by the principal of the forecasting methods used to assess the effects on the 

human or natural environments; 

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f) A description of the measures intended to avoid, reduce and, if possible, compensate for 

the negative effects of the installation on the human and/or natural environment and an 

estimate of the corresponding expense; 

g) A non-technical summary of the information communicated on the basis of the 

aforegoing; 

h) A summary of any difficulties and particularly of any technical lacunae and/or 

omissions in the knowledge gained by the principal in compiling the information 

gathered. 

The minister will place the information in his possession at the disposal of the principal. 

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Annex 3: Abbreviations 

CIGRE International Conference on Large High Voltage Electric Systems 

CENELEC European Committee for Electrotechnical Standardisation 

EE or EU or EC European Union 

EIA Environmental Impact Assessment 

ES Environmental Statement 

EURELECTRIC Union of the Electricity Industry 

EMF Electromagnetic Fields 

ISO International Standards Organisation 

IRPA / ICNIRP International Radiation Protection Association/ 

International Commission on Non-ionising Radiation Protection 

kV Kilo Volts 

LCA Life Cycle Assessment 

m Meters 

MVA mega Volt Amperes 

OH lines Overhead lines 

OHTL Overhead Transmission Line 

SF6 

Sulphur Hexafluoride 

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Boulevard de l'Impératrice, 66 

B – 1000 Brussels 

tel: + 32 2 515 10 00 – fax: + 32 2 515 10 10 

http://www.eurelectric.org

Public Acceptance for new transmission overhead lines ... - Landsnet

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