Environmental Protection and Permitting Nurhan IZAIRI Minister of Environment and Physical Planning Republic of Macedonia CONSTRUCTION PERMITS FOR A COMPETITIVE REGION Belgrade, 6-7 October 2015

Integrating the Environmental Issues in Investment Projects The overall EIA process is regulated by the Law on Environment and several secondary regulations that define the screening and scoping process, the EIA content, the procedure for its evaluation and disclosure as well as adoption / rejection. Macedonian Law on Environment (Article 77) explicitly requires the undertaking of an Environmental Impact Assessment (EIA) on the possible environmental impacts of public and private projects that could significantly impact the environment. Decree Determining the Projects and the Criteria under which the Requirement for Environmental Impact Assessment Procedure Performance is Established’ (Official Gazette of RM no74/05), prescribes types of projects for which it is mandatory to undergo an EIA.

EIA Development Process

EIA Disclosure and Approval / Disapproval Process The overall length of the EIA procedure according to the Macedonian Law is a minimum of 105 days, which includes the following steps: –Publish the EIA within 5 days after the submission of the draft EIA to the MoEPP; –Hold a public review and consultation within 30 days after the submission of the EIA; –Prepare an Adequacy Report within 60 days after the submission of the EIA; –Issue a Decision on adoption/rejection of the EIA within 40 days after the completion of the Adequacy Report.

Example: Overall Permitting Process for a Mine Applicable Laws: Law on Mineral Resources („OGRM“ No. 25/13 and No. 93/13, 44/14, 160/14, 129/15) is central. Law on Environment („OGRM“ No. 53/05, 81/05 24/07, 159/08, 83/09, 48/10, 124/10, 51/11, 123/12, 93/13 and 187/13); Law on Water (“OGRM” No. 87/2008, 6/2009, 161/2009, 83/10, 51/11, 44/2012, 23/13, 163/13, 42/14, 44/15 and 129/15); Law on Construction (“OGRM” No. 130/2009, 124/2010, 18/2011, 36/2011, 54/2011), 13/2012; 144/2012, 25/2013,79/13, 137/13, 163/13, 27/14, 28/14, 42/14, 115/14, 149/14, 187/14, 44/15, and 129/15, ); Law on Agricultural Land (“OGRM” No. 135/07, 18/11, 42/ /11, 95/12, 79/13, 87/13, 106/13, 164/13, 39/14, 130/14, 166/14, 72/15 and 98/15); Law on Forests (“OGRM” No. 64/09, 24/11, 53/11, 25/13, 79/13, 147/13, 43/14, 160/14, 33/15 and 44/15); Law on Expropriation (“OGRM” No. 95/2012, 131/2012, 24/2013, 27/14 and 104/15); and, Law on Spatial and Urban Planning (“OGRM” No. 51/05, 60/11, 55/13, 163/13, 42/14, 199/14 and 44/15).

Example: Overall Permitting Process for a Mine

Conclusion Investors are interested in simplified permitting processes Environmental Considerations, even though it takes time for properly defining mitigation measures, are crucial for the sustainable development The Investors must understand that it is their responsibility to ensure that their project does not cause adverse impacts on the environment and human health The Ministries responsible for the environment must carry out efficient environmental procedures and respect the legally set deadlines In Macedonia there are penalties foreseen for public administration not complying with the legally set deadlines for each specific stage of the project approval / disapproval

Needs for further development in SEE region Appeal to the political decision-makers from the SEE Region to: Understand and support the urgent need for developing Environmental Planning and Management Information Systems, which will lead to better urban planning and ultimately to proficient construction permitting Appeal to the international community for: Transfer of know-how and modern technologies for further modernization of the e-permitting systems with EIA procedures Mobilizing of financial, technological and expert resources for support SEE countries in their development needs.