Photo: Nikola Gagić | Brezan river
The Renewables and Environmental Regulatory Institute (RERI) has submitted a request to the Department of Urbanism, Construction and Housing and Communal Services of the City Administration of the City of Kraljevo for issuance a decision which determines the ceasing of validity of the building permit for SHPP Karaula in the Special Nature Reserve Goč Gvozdac (“SHPP Karaula”).
The Law on Planning and Construction which was in force at the time of issuing of the construction permit stipulates that “The construction permit ceases to be valid if the construction of the facility is not started, ie the execution of works within two years from the day the decision on the construction permit becomes final.”
In order to determine the fact whether the construction or execution of works on SHPP Karaula has started, RERI submitted a request to the competent construction inspection to initiate an extraordinary inspection supervision, which after going to the field and performing an inspection supervision determined that the investor did not start works on the construction of SHPP Karaula within the deadline prescribed by the statute, and that the supervision determined that no marking of the construction site was performed, no construction board was installed, as well as that there were no traces of any construction activities, i.e. construction works on plots where the project documentation envisages construction of water intake , power house and pipeline. Additionally, in order to determine the stated fact, RERI hired a court expert in the field of construction who after visiting the field determined that the investor did not begin the construction of SHPP Karaula.
Regarding that all conditions prescribed by the provisions of the Law on Planning and Construction have been fulfilled, in terms of termination of the construction permit approving the construction of SHPP Karaula, it has been unequivocally established that the legal deadline of 2 years from the day the decision on the construction permit became final has expired and that the investor has not started performing works on SHPP Karaula.
The Council of the Faculty of Forestry, which manages the Special Nature Reserve Goč-Gvozdac, refused to cede the land to the investor for the purpose of construction of SHPP Karaula, which decision was also supported by the Council of the University of Belgrade.
RERI reminds the competent authorities at the local and national level that the construction of small hydropower plants did not contribute to achieving the goals of the Action Plan for the Use of Renewable Energy Sources, but did lead to the violation of the rule of law, destruction of rivers and protected areas and the threat to human rights.
We expect the competent body of the city administration of Kraljevo to act in accordance with the law and to issue a decision of ceasing of validity of the construction permit for SHPP Karaula.