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Draft Black Sea Regional Transmission Project ESIA Otherwise, the license is deemed issued if a decision is not made in the determined time period. - An “umbrella principle” – the holder of the general license is not obliged to apply for a specialized license. In compliance with this law, the license or permit issued by a foreign country under an international agreement or law is recognized by Georgia and has a status similar to that granted to the documents issued in Georgia. 3.1.3 Environmental permit issuance procedure The permit application/issuance procedure, including EIA coordination and establishment of the timeframes for information disclosure and public review and discussion under Georgian Law, will include the following steps for the Black Sea Regional Transmission Project: Step 1. The GSE publishes information on the project in central and regional newspapers. The advertisement will include the project title, location, place, and deadline of the activities. It will also identify locations where the ESIA can be reviewed and where comments may be submitted. Step 2. Within one week after publishing the information in the newspaper(s), The GSE will submit the ESIA report (paper and electronic copies) to the Ministry of Environment Protection and Natural Resources. For 45 days after publishing the information, GSE will receive public comments on the ESIA. Between 50 and 60 days after publication, GSE will hold a series of meetings to receive comments from any stakeholder, which may include government agencies, local authorities, nongovernmental organizations, or citizens. There will be a meeting in each of the three regions the line crosses (Kvemo Kartli, Samtskhe-Javakheti, and Imereti), and a meeting in Tbilisi. Within five days of the meetings, GSE will submit to the Ministry of Environment Protection and Natural Resources a summary of all comments and discussions during the meetings. Step 3. All comments received in writing or at the meetings will be reviewed and considered in the final ESIA. GSE will prepare a document that shows every comment and the response that was taken, including whether there has been a change in the final ESIA. If a requested change is not accepted, the comment-response document will explain the reason, and the person who made the comment will be notified in writing. A draft of this comment-response document will be submitted to the Ministry of Environment Protection and Natural Resources. A copy of all written comments, the meeting summary, and the comment-response document will be included in the final ESIA as an appendix. Finally, the final ESIA will be submitted to the Ministry of Environment Protection and Natural Resources and made available to the public, along with a project location map, an executive summary, of the planned development, reports on emissions and allowable limits. The permit will then be issued or denied within 20 days from registration of the submission. 3.1.4 Land use and labor laws applicable to the project 3.1.4.1 Land use legislation Several laws govern the use of land, including: Law on Land Registration of 1996. Law on Agricultural Ownership of 1996. Law on Privatization of State-Owned Agricultural Lands of 2005. 28
Draft Black Sea Regional Transmission Project ESIA Law on Soil Protection of 1994. Two key laws could have direct implications for the project: Law of Georgia on the Procedure for Expropriation of Property for Necessary Public Needs (adopted 23 July 1999. The Republic of Georgia has the constitutional power to seize any property by means of expropriation for projects of imminent public necessity. The decision is made only through a Regional Court that must be preceded by a Presidential Decree justifying the imminent nature of the public necessity. The decision must include a description of the property to be expropriated and an instruction on the necessity to pay due compensation. The expropriator has to make every reasonable effort to acquire property by negotiation and is required to value the property in accordance with the fair market value before negotiations (and at its own expense). The Ministry of Energy and GSE do not intend to use this law to expropriate any lands, but will instead use other means to acquire rights-of-way that it does not already hold. Law of Georgia on Payment of Substitute Land Reclamation Cost and Damages in Allocating Farm Land for Non-Farming Purposes (adopted 2 October 1997). This law specifies requirements for compensating the government (a land replacement fee, which is fixed and variable according to location and quality of land) and affected private landowners and users for property loss, plus lost profits by the beneficiary, of an allocation of agricultural land for nonagricultural purposes. In the event that agricultural land is taken out of agricultural use, the law requires that a land replacement fee be paid to cover costs of cultivating a parcel of agricultural land of equivalent size and quality, and that the owner/user of such land be fully compensated for damages. This law could apply if GSE intends to place foundations and towers on agricultural lands, and also if agricultural land or crops are damaged during construction or maintenance activities. 3.1.4.2 Labor legislation Two laws would apply to project-related labor and employment: Labor Code of Georgia (adopted 28 June 1973, amended in 2006) regulates labor relations between all workers and employees working in Georgia in all enterprises, institutions, and organizations, regardless of their ownership and organizational form. It supports the realization of human rights and freedoms through fair reimbursement and the creation of safe and healthy working conditions. Several provisions are stipulated in the law, including employment guarantees, working time, health and safety conditions, government social insurance, benefits and pensions. In general, foreign citizens and stateless persons living in Georgia have the rights and obligations equal to the rights and obligations of citizens of Georgia. Law of Georgia on Employment (adopted 28 September 2001) also governs employment policy. This law includes the economic, social, organizational and legal fundamentals for protecting the unemployed. The law extends to all the citizens of Georgia and stateless persons who are deemed to be on equal footing with citizens of foreign states in obtaining jobs in Georgia. Under the law, State authorities are to establish employment programs (special, local, regional and national) which give priority to “less competitive human resources” (including the unemployed, large families and single parents). The law sets forth policy on the free choice of work regardless of color, race, sex, religion, political and social status, etc. 29
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Part I

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