Renewables and Environmental Regulatory Institute (RERI) have submitted requests to competent administrative authority about building permits for the construction of the small hydropower plant “Topli Dol 1” in the village Topli Do (municipality of Pirot), as well as for SHPP “Rastovnica” in the municipality of Prokuplje.
RERI submitted request to the Ministry of Construction, Transport and Infrastructure on 21.10.2019. about building permit issued to Gornjak d.o.o. Belgrade, for the construction of SHPP “Top Dol 1”. Building permit for SHPP “Topli Dol 1”, issued 23.08.2017. (effective from 11.10.2017), it has ceased to be valid for two years from the date of its validity, according to the Law on Planning and Construction, which was valid at the time of issuance of the permit, as well as the validity period specified in the permit itself and the fact that the investor did not start construction work within this period.
In addition, RERI (with similar argument) submitted a request to the Municipal Administration of the Municipality of Prokuplje on 17.12.2019. to make decision in which to state annulment of a building permit, which was issued to an investor on December 2015 for the construction of a small hydropower plant on three rivers- Dobrotić, Balčačka and Bučinska in municipality of Prokuplje.
The competent authorities – construction inspection services, in both cases did not comply with the regulations, and did not (despite RERI’s request) timely enter the field to determine the facts- conclude that the investors did not start the works within the legal deadline, RERI hired an expert in the construction profession, who in both cases produced findings and opinions, stating the factual situation on the ground, explicitly stating that the investors had not started the works within the legal deadline, and accordingly the relevant building permits ceased to be valid.
RERI in support of the above, and as additional evidence applicable in both cases, also transfers the opinion of the Ministry given in the second-instance procedure for revoking the building permit for the construction of SHPP Ročnjak, town of Uzice (which RERI also initiated), in which confirms the interpretation of the RERI legal team. In the present cases, this can be used as a good example of the practice and correct interpretation of regulations by the competent authority, which in the specific two cases would require the adoption of an identical decision – revocation of building permits.
In accordance with the submitted evidence and argumentation, RERI is of the opinion that the competent authorities in a particular case can only make one correct and legally based decision, by adopting a formal decision only to state the facts and confirm the opinion of the Ministry – that the adoption of such a decision has only declarative. , not constitutive status; BUILDING PERMITS ceased to be valid under the law and with the passage of time, AND BY MAKING THE APPROPRIATE DECISION THIS FACT IS ONLY ASCERTAIN.