environmental impact assessment / strategic environment ... change/methods to assess...

Methods to assess the impacts on habitat/species while conducting an EIA/SEA procedure

Environmental Impact Assessment /

Strategic Environment Assessment

that Integrates Climate Change and

Biodiversity, SLED Project (2014-IC-108)

Methods to Assess the Impacts on

Habitat/Species while conducting an

EIA/SEA Procedure (15 September 2014)

Supported by UNITED NATIONS DEVELOPMENT PROGRAMME

REPORT N.5


Contracting Authority: United Nations Development Programme (UNDP)

Contract Number: 2013-IC-108

Programme Title: Support to respond to forthcoming EU accession related environment

requirements

Project Title: “Support for Low Emission Development in SEE (SLED)”

Project Component: “Environmental Impact Assessment / Strategic Environment Assessment that

Integrates Climate Change and Biodiversity”

Project Activities:

Collection of background documentation

Identification of potential impacts on habitat / species

Propose methods to assess the impact on habitats/species while

conducting the EIA and SEA procedure

Report Title: Methods to assess the impacts on habitat/species while conducting an

EIA/SEA procedure

Report Date: 15 September 2014

Topics of the Report

To propose methods to assess the impact on habitats/species while

conducting the EIA and SEA procedure on the base of the most relevant

International Guidelines and according to the related Kosovan and EU

sectoral legislation

Period of Report

Preparation/Revision: From 15th August 2014 to 15th September 2014

Rapporteurs: Mr. Giuseppe RAZZA (International Consultant for EIA/SEA)

Other Experts that contributed to

the finalisation of the Report

Mr. Muhamet MALSIU (Director of EPD-MESP)

Ms. Nezakete HAKAJ (Head of IPM Division-EPD-MESP)

Mr. Shukri SHABANI (Chief of EIA/SEA Section-EPD-MESP)

Ms. Merlinda BLLATA DI BRANI (Responsible of EIA/SEA Section-EPD)

Name, Surname and Position Signature for the approval of the Report

Mr. Giuseppe RAZZA

International Expert

Mr. Muhamet MALSIU

Project Beneficiary

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence

Disclaimer

The opinions expressed in this Report are those of the authors and do not necessarily reflect the opinions of the UNDP Office in Kosovo or any other

organisation mentioned. As a result, these will be verified before implementation of any of the recommendations contained herein.


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TABLE OF CONTENTS Page

INTRODUCTION ................................................................................................................................... 5

1 BACKGROUND INFORMATION AND DOCUMENTS ..................................................................... 7

1.1 The Project ToR ....................................................................................................................................... 7 1.2 The relevant legislation ............................................................................................................................ 8

1.2.1 Environmental Protection (EP) ................................................................................................................... 8 1.2.2 Environmental Impact Assessment (EIA) .................................................................................................... 9 1.2.3 Strategic Environmental Assessment (SEA) .............................................................................................. 10 1.2.4 Nature Protection...................................................................................................................................... 11

1.3 Key guidelines .........................................................................................................................................14 1.3.1 The World Bank Guidelines ...................................................................................................................... 14 1.3.2 The IFC Guidelines ................................................................................................................................... 15 1.3.3 The EBRD Guidelines ............................................................................................................................... 15

2 POTENTIAL IMPACTS ON HABITAT/SPECIES OF KOSOVO ..................................................... 16

3 PROPOSED METHODS TO ASSESS THE IMPACTS ON HABITAT/SPECIES .................................. 17

3.1. Introduction .............................................................................................................................................17 3.2 The EIA criteria to examine the projects .................................................................................................18 3.3 Proposed methodology to assess the impacts on habitat/species .............................................................19

3.3.1 Introduction .............................................................................................................................................. 19 3.3.2 The Assessor’s tools .................................................................................................................................. 19 3.3.3 Some desirable properties of EIA methods ............................................................................................... 19 3.3.4 A survey of methods .................................................................................................................................. 20

3.3.4.1 Methods for identification of effects and impacts ..................................................................................... 20 3.3.4.2 Methods for prediction of effects ............................................................................................................. 21 3.3.4.3 Methods for interpretation of impacts ...................................................................................................... 21 3.3.4.4 Methods for communication ..................................................................................................................... 22 3.3.4.4 Methods for determining inspection procedures ....................................................................................... 23

3.3.5 An analysis of general approaches to assessing impacts .......................................................................... 24 3.3.5.1 The Matrix method ................................................................................................................................... 24 3.3.5.2 Check list (overlays) ................................................................................................................................. 28 3.3.5.3 The Battelle Environmental Evaluation System ....................................................................................... 30 3.3.5.4 Some concluding remarks on general approaches .................................................................................... 34

3.3.6 The problem of uncertinty ......................................................................................................................... 35 3.3.7 Resources available to the Assessor .......................................................................................................... 36 3.3.8 Software .................................................................................................................................................... 37

ANNEXES ........................................................................................................................................... 39

Annex A: Kosovan relevant legislation ................................................................................................................39 Law No.03/L-233 “on Nature Protection” ............................................................................................................... 39


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iii

GLOSSARY OF ABBREVIATIONS

Acronyms Meaning

AI Administrative Instruction

ADA Austrian Development Agency

ADC Austrian Development Cooperation

AoK Assembly of Kosovo

BAT Best Available Technology

BC Beneficiary Country

CA Competent Authority

CAA Competent Administrative Authority

CAFRDESP Parliamentary Committee on Agriculture, Forestry, Rural Development, Env. and Spatial Plan.

CCS Carbon capture and geological storage

CECIS Common Emergency Communication and Information System

CLP Classification Labelling and Packaging

CPR Construction Products Regulation

CPD Construction Product Directive

DB Database

DEP Department for Environmental Protection

DHC Department for Housing and Construction

DoP Declaration of Performance

DSIP Directive Specific Implementation Plan

DW Drinking Water

DUPCE Directorate for Urban Planning, Cadastre and Environment (within the Kosovan Municipalities)

EAS Environmental Approximation Strategy

EC European Commission

ECENA Environmental Compliance and Enforcement Network for Accession

EE Energy Efficiency

EEA European Environmental Agency

EED Energy Efficiency Directive

EHS Environmental, Health and Safety

EIA Environmental Impact Assessment

EIONET European Environment Information and Observation Network

ELV Emission Limit Values

EMEP European Monitoring and Evaluation Programme

EP Environmental Protection

EPA Environmental Protection Agency

EPD Environmental Protection Department

EQS Environmental Quality Standards

ETA European Technical Assessment

ETS Emission Trading System

EU European Union

EULEX EU Rule of Law Mission in Kosovo

EUO European Union Office

EUPs Energy Using Products

EWC European Waste Catalogue

FIA Financial Impact Assessment

FD Flood Directive

GO Governmental Order

GoK Government of Kosovo

HEN Harmonised standard

HMI Hydro-Meteorological Institute

ICO International Civilian Office

IFC International Finance Corporation

IFI International Financial Institution

IMPEL EU Network for the Implementation and Enforcement of Environmental Law

INEP Institute of Nature and Environment Protection

INSPIRE Infrastructure for Spatial Information in the European Community

http://ec.europa.eu/enterprise/sectors/construction/legislation/index_en.htm


iv

Acronyms Meaning

IPA Instrument for Pre-accession Assistance

IPM Industrial Pollution Management

IPPC Integrated Pollution Prevention and Control

KEK Kosovo Energy Corporation

LCP Large Combustion Plant

KCB Kosovo Consolidated Budget

KEAP Kosovo Environmental Action Plan

KEPA Kosovo Environmental Protection Agency

KES Kosovo Environmental Strategy

KSEI Kosovo State Environmental Inspectorate

MAFRD Ministry of Agriculture, Forestry and Rural Development

MDP Municipal Development Plan

MESP Ministry of Environment and Spatial Planning of Kosovo

MLG Ministry of Local Government Administration

MIS Management Information System

MO Ministerial Order

MoH Ministry of Health

MS Member State

NEEP National Energy Efficiency Plan

NEAP National Environmental Action Plan

NEAS National Environmental Approximation Strategy

NGO Non-Government Organisation

NIPHK National Institute of Public Health of Kosovo

NWFP Non-Wood Forest Products

NWS National Water Strategy

OJ Official Journal

PA Public Awareness

PC Public Consultation

RBD River Basin District

RBMP River Basin Management Plans

RENA Regional Environmental Network for Accession

REOC Regional Emergency Operation Centre

RIA Regulatory Impact Assessment

RTA Resident Twinning Adviser

RWC Regional Water Council

SEA Strategic Environmental Assessment

SEAD Streamlining enforcement of contracts – report and recommendations regarding commercial case procedures and

enforcement of judgments SIDA Swedish International Development Agency

SPAs Special Protection Areas

SRSG Secretary-General of the United Nations

TA Technical Assistance

TAIEX Technical Assistance and Information Exchange Instrument

TFEU Treaty on the Functioning of European Union

ToC Table of Concordance / Compliance

ToR Terms of Reference

UN United Nations

UNDP United Nations Development Programme

UNMIK UN Interim Administration Mission in Kosovo

UNSCR United Nations Security Council Resolution

URP Urban Regulatory Plan

UP Urban Plan

WB World Bank

WFD Water Framework Directive

WHO World Health Organisation

WP Work Plan

WTF Water Task Force


5

Introduction

The present report has been finalised as a specific deliverable of the individual assignment to Mr. Giuseppe RAZZA

(also called “UNDP Expert”) to implement his assistance to the Ministry of Environment and Spatial Planning (MESP)

of Kosovo within the component “Environmental Impact Assessment / Strategic Environment Assessment that

Integrates Climate Change and Biodiversity” of the Component 2 of the Project “Support for Low Emission

Development in SEE (SLED)” (hereinafter simply called “the Project”), which is part of the Programme “Support to

respond to forthcoming EU accession related environment requirements” funded by the Austrian Development

Cooperation (ADC) and implemented with the support of the United Nation Development Programme (UNDP). This

individual assistance aims to develop the capacities of the MESP and stakeholders to integrate climate risks and

opportunities in the development policies, strategies and plans and to support the same Ministry in the establishment of

an efficient structure aiming to analyse the Environmental Impact Assessment (EIA) that integrates climate change and

biodiversity presented by applicants in accordance with the newly adopted primary and secondary legislation and to

issue the corresponding permits. Within this framework, during the period from 15th June 2014 (contract signature) to

15th December 2014, the following main tasks and sub-tasks identified in the ToR should be implemented and the

corresponding deliverables produced:

N. Tasks N. Sub Tasks Deliverable Deadline

1

Develop institutional

framework capable of

applying the EIA and

SEA procedures

flexibly and in a result-

oriented manner with

related procedures and

administrative

processes. EIA and

SEA must effectively

consider climate

change and biodiversity

(30 w/days)

1.1

Conduct an assessment of the institutional administrative units, both

central and local, in order to define how their present capacities (in terms of staffing, staff capability and equipment) compare with that necessary

in order to fulfil the units’ mandate. For each unit the following will be

produced: (i) an assessment of needs for training in relation to the procedural requirements of EIA and SEA; (ii) an assessment of the needs

for equipment in relation to these requirements.

“Assessment Report”

15.08.2014

1.2

Design a coherent set of procedures for the administration of EIA and SEA in Kosovo according to the legislation. The national consultant shall

consider, where it may be appropriate, to have interim procedures that will apply in the period before units reach their full capacity and

capability.

“Set of Procedures for the

administration of

EIA”

15.10.2014

1.3 Develop an operational system for carrying out the screening and scoping procedures while implementing the EIA and SEA directives

“Handbook on

screening and scoping”

15.10.2014

1.4 Prepare a handbook for officials at central and local level on how to carry

out screening and scoping

1.5

Prepare a booklet that will provide in a clear and concise format the

information related to the EIA process; the booklet will contain the

following information applicable to EIA in Kosovo in conformity with European Community Law: (i) circumstances under which an EIA is

required; (ii) how the scope of an EIA is to be determined; (iii) the steps for conducting an EIA; (iv) responsibilities during the process; and (v)

availability of additional sources of information

“Booklet on the

EIA process” 05.11.2014

1.6

Propose methods to assess the impact on habitats/species while conducting the EIA and SEA procedure (this task will be performed in

close cooperation with the MESP officials and international consultants

on habitats and species);

“Methods to

assess the impact

on

habitat/species”

15.09.2014

2

Support the MESP

officials in the checking

the EIAs of the most

important

infrastructural projects

under approval and in

the issuing of the

corresponding permits,

and if the projects

consider climate

change and biodiversity

issues (15 w/days)

2.1

Support the MESP officials in the checking and evaluation of the

following EIA phases of the most important ongoing projects: (1)

screening; (2) scoping; (3) review of EIA Report

3 “MESP opinions

about the EIA” 15.10.2014

2.2

Assist MESP in writing its opinion as to the information on

environmental impacts to be presented in the EIA Report (Scoping

Notification). Such assistance will include the check of: (1) the description of possible alternatives; (2) the description of likely

significant impacts on environment; (3) the reasons for identifying these impacts; (4) a description of the protective measures foreseen to avoid,

decrease and if possible offset the harmful impacts on environment;

2.3 Assist MESP in the organisation and implementation of the public debate

(see Art.20 of the Law No.03/L-214 and AI No.09/11)

“Communication and Cooperation

Procedures”

15.11.2014

3 Training (10 w/days)

3.1 Prepare training course material for the training sessions on the implementation of the EIA/SEA for the personnel of the public

administration

“Training Material for

public officials”

25.11.2014

3.2 Prepare and implement a training programme for the national and local environmental officers who are to be trained in technical and

administrative matters related to EIA system

“Training Programme for

public officials”

15.11.2014

3.3 Prepare and implement a training programme for EIA/SEA developers “Training Programme for

developers”

15.11.2014


6

In accordance with the above mentioned ToR and project organisation, this fifth report entitled “Methods to assess the

impact on habitat/species while conducting an EIA/SEA procedure” has been finalised as a specific deliverable of the

Sub-Task 1.6, describing the related activities implemented during the third month of the assignment (15th August

2014÷15th September 2014) through 10.0 w/days. Nevertheless, this fifth Report, like all the other reports, has been

constantly updated with further versions during the whole project period to include additional information found by the

UNDP Expert during the implementation of the other assigned tasks. In compliance with the ToR and contract

requirements of the assignment, this report includes:

A proposal on the methods to assess the impacts on habitat/species while conducting an EIA/SEA procedure on the

base of the most relevant International Guidelines and according to the related Kosovan and EU sectoral legislation

(see § 3).

Before proposing such methods to assess the impacts, the Individual Expert considered the background information

(legislative framework, relevant guidelines, set of procedures, methodologies, etc.) already collected during the first

four months of the assignment and included in the following other reports: “Assessment Report”; “Set of Procedures for

the Administration of EIA and SEA”; “Handbook on Screening and Scoping for an EIA” and “Booklet on EIA process”.

In accordance with the ToR and the above mentioned background information, this report has been organised in the

following main Chapters:

Therefore, this report has been organised in the following main Chapters:

1-BACKGROUND INFORMATION: presenting the relevant background, information, documents and purpose of

this report. The Chapter also provides a synthetic overview of the legislative process and the environmental

legislative framework in Kosovo related to the Horizontal Legislation (namely Environmental Protection (EP) and

Nature Protection Legislation. It includes also information about the main sectoral guidelines and criterias adopted

by the international donors already mentioned in the “Assessment Report” specifically addressed to the evaluation of

the impacts on habitat/species.

2-POTENTIAL IMPACTS ON HABITAT/SPECIES OF KOSOVO: briefly describing the potential impacts on

main habitat and species characterising the Kosovan Nature as well as the reference documents, studies and reports

regarding this analysis already implemented by other public institutions and donors.

3-PROPOSED METHODS TO ASSESS THE IMPACTS ON HABITAT/SPECIES: setting out a proposal for

the best methods to be used to assess the impacts on habitat/species while conducting an EIA/SEA procedure in

Kosovo on the base of the most relevant International Guidelines and according to the related Kosovan and EU

sectoral legislation. Together with the procedures identified in the report “Set of Procedures for the Administration

of EIA” and following the operational system proposed in the “Handbook on screening and scoping”, the identified

methods have been also mentioned in a specific booklet (see the report “Booklet on the EIA process”) for the MESP

officials to assess an EIA, as required by the point 2 of Article 15 of the Law No.03/L-214 “on Environmental

Impact Assessment”.

In the finalisation of this document, the strong support given by the Kosovan officials of the Environmental Protection

Department (EPD) of MESP must be emphasised. In particular, the support given by Mr. Muhamet MALSIU (Director

of EPD), Ms. Nezakete HAKAJ (Head of Industrial Pollution Management Division within EPD), Mr. Shukri

SHABANI (Head of EIA Commission-EPD-MESP), Mr. Naim ALIDEMA (Responsible EIA/SEA Unit-EPD-MESP),

Ms. Xheva BERISHA-REXHEPI (Project Manager SLED Project-UNDP), Mr. Mentor BERISHA (Project Associate-

UNDP) and Ms. Shkipe DEDA-GJURGJIALI (UNDP Programme Analyst) have been particularly appreciated for the

extremely good collaboration and professionalism, helping the UNDP Expert to gain access to the relevant information

and documents and to get in contact with experts and employees involved in the project. Particular appreciation must be

also expressed to all those interviewed and stakeholders met for precious information and active collaboration provided.


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1 Background information and documents

1.1 The Project ToR

According to the ToR, the international assistance to MESP provided by the individual selected expert aims to:

1. Task 1: Develop an institutional framework capable of applying the EIA and SEA procedures flexibly and in a

result-oriented manner with related procedures and administrative processes;

2. Task 2: Support the MESP officials in the checking the EIAs of the most important infrastructural projects under

approval and in the issuing of the corresponding permits;

3. Task 3: Training.

Within the above mentioned Task 1, the international consultant supported and contributed to the implementation of the

following sub-task under the leadership and guidance of the Director of the Environmental Protection Department

(EPD) of MESP:

1.6 Propose “Methods to assess the impact on habitats/species while conducting the EIA and SEA procedure” (this

report). This task and related deliverable has been performed in close cooperation with the MESP officials

and international consultants on habitats and species.

In accordance with the ToR requirements, this report is describes the activities implemented and the results achieved

within the above mentioned Sub-Task 1.6, which has been also coordinated with the other following sub-tasks of Task 1

foreseen by the same ToR:

1.1 Conduct an assessment of the institutional administrative units, both central and local, in order to define how their

present capacities (in terms of staffing, staff capability and equipment) compare with that necessary in order to

fulfil the units’ mandate. For each unit the following has been produced:

o An assessment of needs for training in relation to the procedural requirements of EIA and SEA.

o An assessment of the needs for equipment in relation to these requirements.

The related deliverable is an “Assessment Report” of the institutional administrative units, both central and local

comprising: (1) an assessment of needs for training in relation to the procedural requirements of EIA and SEA; (2)

an assessment of the needs for equipment in relation to these requirements.

1.2 Design a coherent set of procedures for the administration of EIA and SEA in Kosovo according to the legislation.

The international consultant designed and proposed both interim procedures and final procedures. Therefore, the

deliverable produced at the conclusion of this task is a report named: “Set of procedures for the administration of

EIA in Kosovo according to the legislation prepared (interim procedures and final procedures)”;

1.3 Develop an “Operational system for carrying out the screening and scoping procedures while implementing the

EIA and SEA directives”;

1.4 Prepare a “Handbook for officials at central and local level on how to carry out screening and scoping”;

1.5 Prepare a booklet that will provide in a clear and concise format the information related to the EIA process; the

booklet contains the following information applicable to EIA in Kosovo in conformity with European Community

Law: (i) circumstances under which an EIA is required; (ii) how the scope of an EIA is to be determined; (iii) the

steps for conducting an EIA; (iv) responsibilities during the process; and (v) availability of additional sources of

information. Therefore, the related deliverable is a “Booklet on the EIA process”.


8

1.2 The relevant legislation

The main Kosovan and EU primary and secondary legislations that are regulating the Environmental Protection, EIA,

SEA, Nature Protection-Biodiversity and Climate Change have been already summarised in the Table 1.3.1 of the

“Assessment Report”.

For what concern specifically the EU requirements of legal acts related to the identification of methods to assess the

impacts on habitat and species while conducting an EIA/SEA procedure, the extracts from the above mentioned laws

are briefly summarised in the following sections of this Chapter. In particular, the following Kosovan laws have been

taken into consideration:

1. The Law No.03/L-025 “on Environmental Protection” (integral version in Annex A to the “Assessment Report”),

specifically the articles of Chapter II related to the use and protection of natural resources and the articles of Chapter

IV related to the measures and conditions (including EIA, SEA, environmental permits, municipal permits, IPPC,

etc.) for environmental protection;

2. The Law No.03/L-214 “on Environmental Impact Assessment” (integral version in Annex A to the report “Set of

Procedures for the Administration of EIA”), specifically the articles of this law identifying the methods and criteria

recommended to assess the impacts on habitate and species while conducting an EIA;

3. The Law No.03/L-230 “on Strategic Environmental Assessment” (integral version in Annex B to the report “Set of

Procedures for the Administration of EIA”), specifically the articles of this law identifying the methods and criteria

recommended to assess the impacts on habitat and species while conducting a SEA;

4. The Law No.03/L-233 “on Nature Protection” (integral version in Annex A to this report), specifically the articles

of this law identifying the potential impacts on habitat and species.

The contents of these laws that are relevant for this report are summarised in the following sections.

1.2.1 Environmental Protection (EP)

In accordance with Article 8 of the Law No.03/L-025 “on Environmental Protection”, the management of the natural

resources shall be carried out by preservation of their quality and biodiversity, in accordance with the conditions and

measures of environmental protection set out in this and in special laws.

Therefore (see Article 9 of the EP Law), the protection of natural resources shall be provided by institutions of Kosovo

through: (i) the implementation of environmental strategy, plans and programmes; (ii) the adoption of standards,

provisions and regulations for the protection and use of natural recourses; (iii) the Strategic Environmental

assessment (SEA); (iv) the Environmental Impact Assessment (EIA); (v) the Integrated Prevention Pollution and

Control (IPPC); (vi) the establishment and management of a cadastre for using of natural recourses; (vii) the

monitoring of usage of natural recourses; (viii) the reduction of environmental disturbances; (ix) the rehabilitation and

retrieval of environmental state on previous state in accordance with the project .

In compliance with Article 10 of the EP Law the use of natural resources is not aloud without having an environmental

consent issued by the MESP containing the measures for the protection and rehabilitation of the environment. At the

same time, Article 15 of the same law clearly states that the protection and preservation of soil, water, air, forests,

biodiversity and landscape shall be made separately and in close cooperation between them, on intercommunion and

their integrity, whereas shall be regulated pursue to certain laws.

The Chapter IV of the Law No.03/L-025 “on Environmental Protection” set up the measures and conditions for the

environmental protection. In particular, the Article 28 of this Law states that the Government and Kosovo

Municipalities should achieve a high environmental protection level and should harmonize the environmental issues in

preparation and approval of the plans and programmes providing that the Strategic Environmental Assessment (SEA)

is performed for plans and programmes which may have marked impact in environment. This Strategic

Environmental Assessment must be harmonized with other environmental impact assessments, as well as with the plans

and programmes for the protection of environment and shall be made in keeping with the procedure set out in the

related SEA Law.

For what concerns the Environmental Impact Assessment, Article 29 of this EP Law prescribes that an EIA is

obligatory for the projects planned and realised in the place, including changes in technology, reconstruction,

and extension of facilities or interruption of operations, which may result in major environmental pollution or

which constitute the risk to human health. This EIA shall cover the projects in industry, mining, energy, traffic,


9

tourism, agriculture, forestry, water management and communal activities, and all the projects planned on the protected

natural goods and in the protected environment values and on surrounding of cultural protected values. EIA shall be an

integral part of the technical documents; without it no project execution may start and it shall be realized in accordance

with the procedure stipulated by the EIA law.

1.2.2 Environmental Impact Assessment (EIA)

On 2009, the Law No.03/L-024 “on Environmental Impact Assessment” was approved by the Assembly of Kosovo

(AoK). This Law was reviewed only one year later and in compliance with the reports provided by the TAIEX

assistance to the National Assembly of Kosovo1 a new Law No.03/L-214 “on EIA” has been approved by the AoK on

23rd September 2010 This Law “on EIA” (Art.1) regulates the procedures for the identification, assessment and

reporting of the environmental impacts of certain proposed projects, as well as the accompanying administrative

procedures, during the decision-making process by the Ministry of Environment and Spatial Planning for issuing the

Environmental Consent, and ensures that all the relevant environmental information is provided and taken into account.

According to this Law (art.3), EIA shall identify, describe and assess in an appropriate manner, in the light of each

individual case, the direct and indirect effects of a project on:

1. Human beings, flora and fauna.

2. Soil, water, air, climate and the landscape.

3. Material assets and cultural heritage.

4. The interaction between the above mentioned points 1, 2 and 3.

Based on the Law No.03/L-214 “on Environmental Impact Assessment”, Chapter III, the enterprises or public

authorities who plan to construct one industrial object, of processing, major work or project, which has potential to

cause environmental damage, before construction of these objects should make an Evaluation of Environmental Impact

Assessment (EIA). The applicant shall present to the MESP (art.11) the application for starting the EIA procedure

together with follow-up documentation. The applicant should attach to the application:

the list of the documents determined by MESP according to type and nature of projects or implementing activities;

the fulfilled questionnaire determined by MESP regarding the environmental impacts of proposed project, a

location description, a project description, a description of potential project impacts in the environment.

Annexes I and II list the projects that need an EIA, while Annex III identifies the following criteria for EIA screening:

1. Characteristics of the projects

2. Location of projects

3. Characteristics of potential impacts

Based on the information presented together with the application and with regard to the above mentioned projects listed

in Annex I, Annex II, and criteria set out in Annex III, the MESP within 10 days from the day of receipt application, in

written form should inform the applicant on taken decision, if EIA Report is required or not.

In addition, in conformity with section 20 paragraphs 4, 5 and 6 of the Law on EIA the government of Kosovo has

issued the Administrative Instructions No.09/2004 “on Evaluation of Environmental Impact”, which determines the

procedures for identification, evaluation, reporting and management of environmental impacts of one proposed project,

from the projects listed in Annexes I and II attached to this AI. The Annex I of this AI No.09/2004 determines the

activities that are subject to the full process of EIA: produce and processing of metals; industry of minerals; extracting

industry, energy production, chemical industry; infrastructure of transport, transmission lines, etc.

1 Medium Term Assistance to the National Assembly of Kosovo (TAIEX KOS IND/EXP 46950) – Giuseppe RAZZA - Final Report


10

1.2.3 Strategic Environmental Assessment (SEA)

Taking into consideration the specificity of a SEA, no any specific methods has been specified by the Law No. 03/L-

230 “on Strategic Environmental Assessment”. Nevertheless, Articles 5 and 6 of this Law defines respectively the needs

for SEA (that could be considered as a screening procedure) as well as the information on determinations and directions

(that could be assimilated as a scoping procedure).

In accordance with Article 5 of the SEA Law, the responsible authority shall determine, in a case-by-case examination,

in accordance with the criteria in Annex I, whether the plans or programmes that are likely to have significant

environmental effects and therefore to require a SEA. Before making a determination under paragraph 1 of this Article,

the responsible authority shall consult the consultation bodies, in particular the MESP. Where the responsible authority

determines that the plan, programme or modification is unlikely to have significant environmental effects (and therefore

does not require a SEA), it shall prepare a statement in writing of its reasons for the determination. The MESP may at

any time require the responsible authority to send him a copy of: any determination (similarly to a scooping

notification), the plan, programme or modification to which the determination relates and any further statement. The

responsible authority shall comply with a requirement within 7 days. The MESP may direct that a plan, programme or

modification is likely to have significant environmental effects whether or not a copy of it has been sent to him in

response to the above mentioned requirement and when he has been sent such a copy would respond within 10 days of

receiving it. Before giving such direction, the MESP shall take into account the criteria specified in Annex I to the SEA

law; and will take an opinion by consultative bodies. The MESP shall, after giving the direction, send to the responsible

authority and to each consultation body a copy of the direction and a statement of his reasons for giving the direction.

When the MESP has given a Direction in respect of a plan, programme or modification, any determination shall cease

to have effect; and if no determination has been made with respect to the plan, programme or modification, then the

responsible authority shall cease to be under any imposed charges.

In compliance with Article 6 of the SEA Law, within 30 days of making a determination, the responsible authority shall

send to each consultation body:

(i) a copy of the determination (assimilable to a Scoping Report)

(ii) where the responsible authority finds that the plan or programme does not require a SEA, issue a statement of its

reasons for the determination.

The responsible authority:

(1) keep a copy of the determination and any accompanying statement of reasons, available at its principal office for

access by the public at all reasonable times and free of charge; and

(2) within 30 days of the determination, informs the public through website of the MESP and public announcements.

Information ofr public should contain:

(i) the title of the plan, programme or modification to which the determination relates;

(ii) that the responsible authority has determined that the plan, programme or modification is or is not likely to

have significant environmental effects and accordingly that a SEA is or is not required in respect of the plan,

programme or modification; and

(iii) the website address of the MESP, at which a copy of the determination may be obtained and any

accompanying statement of reasons may be accessible.

Where the responsible authority receives a direction it shall:

(1) keep a copy of the direction and of the MESP’s statement of his reasons for giving it available at its principal

office for inspection by the public at all reasonable times which depends from the specifics of a plan and program

and free of charge; and

(2) within 30 days of receiving such a direction, informs the public through a website of the MESP and through public

announcements:

(i) of the title of the plan, programme or modification to which the direction relates;

(ii) that the MESP has directed that the plan, programme or modification is likely to have significant

environmental effects and, accordingly, that it requires a SEA; and

(iii) address of the website of the MESP, at which can be accessible or a copy can be obtained for determination

and accompanied declaration of reasons.

The responsible authority provides a copy of the MESP’s determination and statement of reasons free of charge.


11

1.2.4 Nature Protection

The Chapter II “fundamental rights and freedom”, art.52 “responsibility for the environment” of the Constitution of

Kosovo state that nature and biodiversity, environment and national inheritance are everyone’s responsibility.

Protection and conservation of biodiversity is regulated in particular by Law for Nature Protection Nr. 03/L-233 OGRK

Nr. 85/09.11.2010 and related Administrative Instructions.

According to the project “Monitoring Transposition and Implementation of EU Environmental Acquis” of June 2010,

only few elements of the EU Directives and Regulations must be integrated in the Nature Protection and EIA Kosovan

legislation and the particular efforts must be concentrated on their implementation through the approval of secondary

legislation (regulations and administrative instructions), guidelines and the updating of the sectoral policies. Therefore,

with the approval of the 2 new Kosovan laws on EIA and on Nature Protection at the end of 2010, the transposition of

the related 9 EU sectoral directives can be considered as fully achieved.

It must be mentioned that concerning the transposition of the Wild Bird Directive, the preliminary identification of

Natura 2000 sites on the territory was carried out under the Project Sustainable Forest Management Kosovo,

No.300089, and a list of species was developed by comparing bird species found in Kosovo with the bird species listed

in Annex I of the above mentioned EU Directive. An evaluation as to whether special conservation measures are

required to protect the habitats vulnerable or rare species has been scheduled to be made in 2012 by the MESP, KEPA

and the University of Pristina. Full implementation of this Directive is expected to be achieved by the end of 2014

through: (i) the identification and designation of special protection areas through a specific act; (ii) the establishment of

measures to ensure that bird population are maintained at appropriate levels, both inside and outside Special Protection

Areas (SPAs): (iii) the adoption of special conservation measures to protect the habitats of Annex I species and

regularly occurring migratory species; (iv) the establishment of a general system of protection for all wild bird species;

(v) the establishment of a system of authorisation for any derogation; (vi) the establishment of measures to ensure that

hunting of Annex II species does not jeopardize conservation efforts; (vii) the prohibition of certain types of

capture/killing; (viii) the establishment of an effective inspection and enforcement system; (ix) the establishment of the

information systems to enable reports to be sent to the Commission.

Meanwhile the Habitats Directive has been fully transposed with the approval of the new Kosovan law on Nature

Protection and its implementation is also expected to be achieved by the end of 2014 through: (i) the production of an

inventory of sites; (ii) the designation of Special Areas of Conservation (SACs) and the establishment of priorities for

the management of these sites; (iii) the establishment of measures required for the conservation of such sites, including

co-financing; (iv) the establishment of a system of strict protection for Annex IV species; (v) the establishment of a

system to monitor conservation status of habitats and species; (vi) the assessment of the status of Annex V species and

the adoption of appropriate conservation measures; (vii) the prohibition of the use of specified means of capture/killing

of certain animal species; (viii) the establishment of a system to monitor incidental capture/killing of Annex VI(a)

species; (ix) the establishment of a mechanism to consult the public before agreeing to projects that may affect SAC or

to re-introducing native species; (x) the establishment of a mechanism to promote education and general information to

the public.

It should be emphasised that the recent law on Nature Protection approved at the end of 2010 transposes all relevant EU

Directives related to Nature Protection in only one law. In the table of concordance elaborated to assess the compliance

with the EU acquis only few amendments regarding small changes on the definitions and in the environmental lists

attached in the related annexes are suggested.

The main Kosovan Law N.03/L-233 “on Nature Protection” has been published on OG Nr.85/09.11.2010. This law and

the related Administrative Instructions regulates:

the protection, conservation and sustainable use of natural resources;

the establishment of protected areas network, planning system, management;

the monitoring, information and funding with the aim of protecting the nature;

the protection of endangered types of flora and fauna, especially those of particular importance, rare and

endangered, and their habitats against threats;

the ensurance of the right of the public for information on the nature state and participation in decision making

process for nature protection;

the ensurance of the exercise of the right of citizens for healthy environment;

the various measures to be taken to protect habitats and species both within and beyond them, including preventing

certain harmful activities;

tel:85%2F09.11.2010

tel:85%2F09.11.2010


12

the maintainance or restorartion, at favorable conservation status, of the natural habitats and species of interest for

Kosovo according to EU standards;

the establishment of a system whereby of general protection to all birds in the wild state;

Generally the legislation that is in force is in compliance with the EU requirements, the Law on Nature Protection has

transposed the relevant directives for nature and environmental Acquis, especially the Habitats Directive 92/43 EEC,

Birds Directive 79/409 EEC, Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES). The problem is more related to the implementation of this legislation. Initial steps have been undertaken to

identify potential areas for ecological net NATURA 2000 in Kosovo.

For what concern the implementation status, the following relevant issues should be emphasised:

Assessment of Biodiversity: the assessment of Kosovo Biodiversity is a fundamental step to define national

priorities and to ensure the full implementation and enforcement of the legislation, according to the Strategy and

Action Plan for Biodiversity 2011 – 2020, the main identified gaps and criticalities are:

The National Biodiversity indicators are missing;

A full inventory of flora and vegetation is missing;

At present only the major protected areas have a management authority (central and local level, and in some

cases some private entities) and none of them has a management plan;

The classification of areas is not in compliance with the new Law for Nature Protection, it is necessary to

complete the Central register for protected areas with the criteria foreseen by the law;

Up to now the implementation of the protection “ex - situ” (outside nature habitat) of biodiversity principle is

an exception, just some private initiatives are existing;

Not being a Member State, Kosovo is not obliged to identify the areas to be included in the ecological network

“NATURA 2000”. But considering that the process to be fully in compliance with the EU requirements takes a

lot of time, the identification of these potential areas has become a priority for Kosovo. The preliminary list has

been drafted in the framework of the “Project of Sustainable Forest Management” (PSFM);

Kosovo has not signed yet the Convention on European landscapes (Florence 2000) despite the creation of a

data base for state of landscapes has been already started.

Education, communication, information and public participation: the main identified gaps and criticalities are:

The protection and preservation of the biodiversity requires a high participation and involvement of the civil

society;

Trainings in school should be organized and information to the citizen about the importance of preservation

and protection of biodiversity should be strengthened with ad hoc communication and information materials;

Some initiatives were organized in the implementation of specific projects. These activities should be part of

the institutional activities of the competent authority/ties;

As regards the information some important initiatives should be mentioned: publication of information

material, brochures, different panels, participation in programmes of national and local radio, TV stations.

Press and electronic media have no regular informative programs/sections on environment and biodiversity.

Mainly the information is done in cases of ecological accidents, but not in form of regular and prevention

information. Information is provided by the MESP, through written media, brochures, newspaper, ect;

The coordination among competent Institutions at national and local level sometimes is missing. This lack of

communication could affect the quality of information provided to the public;

The cooperation with Universities and university colleges of Kosovo and NGO’s in research projects should be

stimulated (e.g.: Inventory, Red List, etc.).

Concerning the enforcement status, the main criticalities identified in the enforcement of the law are:

The list of protected species, inventories, databases, an updated overview of the species of wild, sedentary or

migrating fauna and endemic flora living on their territory are missing.

One of the concrete goal of the next year should the "improvement of the knowledge" relating to the data bases on

Nature Protection.

For the Protected Areas, the determination of National Parks, Natural and Managed Reserves, the establishment of

a Central Register and of Management Plans will be an interesting challenge.

Nevertheless, the implementation of the Natura 2000 Network in appliance of the European Directive will

contribute to the conservation of biodiversity and should be implemented similarly. The system of fines and

penalties is regulated by the Criminal Code of Kosovo Chapter XXIV: “Criminal Activities Against Environment,

Animals, Plants And Cultural Objects”– Article 276, 277, 278, 279, 280, 281, 282,283, 284, 285, 286, 287 and

288. The system should be more adequate as the main problems are related to the implementation and enforcement


13

of the legislation: the provisions of the law should be clear to stakeholders and especially to inspectors who have

to enforce the law. It is fundamental to strengthen the collaboration among the Institutions involved (e.g.:

enforcement agencies, such as customs and the police) to harmonize the legislation connected with Nature

protection and Biodiversity (e.g.: EIA, SEA, Environmental Liability, etc.) in order to ensure its implementation

and to sensitize the community about the obligations foreseen by the legislation.

Taking into consideration the above mentioned considerations, the main recommendations regarding the Nature

Protection and Biodiversity are:

To implement and to apply the legislation in order to create a real network of Protected Areas with adapted

Management Plans in order to contribute to the preservation of ecosystems (forest, wetlands...), biodiversity, wild

fauna and flora and landscapes, This network will contribute to create ecological corridors successful for a good

conservation and evolution of biodiversity, facilitating the implementation of the EIAs and SEAs on the base of

this knowledge.

To deal with the “biodiversity knowledge” in collaboration with academic staff (university, scientist, nature

museum) in order to manage regularly the state of knowledge of species (wild fauna and wild flora, establishment

of red lists);

To implement the Natura 2000 Network in order to contribute to the Nature Protection policies, to reinforce the

richness of the biodiversity and to participate to the institution of Ecological Networks;

To provide an amendment to the law concerning Invasive Alien Species;

Relevant Conventions and protocols should be signed by Kosovo;

Intra-Institutional Cooperation should be strengthen;

Striving for co-operation between all management authorities and enforcement agencies, such as customs and the

police;

To decrease the loss rate of biodiversity, the extent of surface of the protected areas should be increased;

Information about the identified protected areas as area IBA (Important Bird Area) and NATURA 2000 should be

provided;

Spatial and management plans for protected areas by respecting conditions for nature protection should be

adopted;

National biodiversity indicators should be adopted;

Public Awareness campaigns about the importance of Kosovo biodiversity with target groups should be organized

Creation of a permanent communication and information program should be prepared and implemented.


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1.3 Key guidelines

1.3.1 The World Bank Guidelines

The safeguard policies of the Bank are operationalizing the 'do good' approach to the Bank investment lending

operations and are fundamental in meeting the three pillars of the World Bank Environment Strategy:

Improving the quality of life

Improving the quality of growth

Protecting the quality of the regional and global commons.

Environmental Assessment (EA), one of ten Safeguard Policies, is used in the Bank to examine the potential

environmental risks and benefits associated with Bank investment lending operations.It is an essential tool for

integrating environmental and social concerns into development policies, programs and projects by providing the

minimum requirements that all Bank-supported operations must meet. Environmental Assessment, a formal Bank policy

since 1989, was the first process to mandate the screening of Bank-funded projects for their environmental impacts.

This includes potential physical, biological, socio-economic and cultural resources impacts.

The Bank's Environmental Assessment policy and procedures are described in Operational Policy 4.01 (OP 4.01) and

Bank Procedures 4.01 (BP 4.01). Prototype Carbon Fund and Global Environmental Facility financed projects

supported by the Bank are also subject to the provisions of this policy.

With more than 20 years of experience with the application of EA policy, the preparation of Environmental

Assessments (EAs) is well integrated into the Bank's procedures and business processes. The Bank's policy stresses that

Environmental Assessment should be thought of as a process rather than a product.

The Environment Assessment policy and related EA guidelines continues to be updated. The most recent updates took

place in April 2013.

The Operational Policy OP 4.01 and Bank Procedures BP 4.01 can be found in the WB website2. These Guidelines

represent a useful tool for the MESP officials in charge of the EIA analysis. World Bank Regional Safeguard Advisor

teams are the first point of contact for sectoral colleagues, Bank management, most government officials, NGOs, and

other local partners needing guidance in applying OP/BP 4.01.

In the Bank's Operations Risk Management Department (OPCS Network), the safeguards team has EA specialists who

can be mobilized to clarify issues in the EA process, with the Bank's Environment and International Law Unit in charge

of interpreting the policies.

2

http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentMDK:20064724~menuPK:64701637~pagePK:64709096~piPK:64709108~theSitePK:502184,00.html




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1.3.2 The IFC Guidelines

Particularly interesting are the Environmental, Health and Safety (EHS) Guidelines published by the International

Finance Corporation (IFC). These Guidelines are technical reference documents with general and industry-specific

examples of Good International Industry Practice (GIIP). When one or more members of the World Bank Group are

involved in a project, these EHS Guidelines are applied as required by their respective policies and standards.

Therefore, the knowledge of these guidelines is important not only as an useful tool to finalise better EIA reports, but

are also important as an instrument to be used in the finalization of the industrial projects and/or related EIA that should

be financed by the World Bank in Kosovo. These General EHS Guidelines are designed to be used together with the

relevant Industry Sector EHS Guidelines which provide guidance to users on EHS issues in specific industry sectors.

For complex projects, use of multiple industry-sector guidelines may be necessary. A complete list of industry-sector

guidelines can be found at the IFC website3. The EHS Guidelines contain the performance levels and measures that are

generally considered to be achievable in new facilities by existing technology at reasonable costs. Application of the

EHS Guidelines to existing facilities may involve the establishment of site-specific targets, with an appropriate

timetable for achieving them. The applicability of the EHS Guidelines should be tailored to the hazards and risks

established for each project on the basis of the results of an environmental assessment in which site-specific variables,

such as host country context, assimilative capacity of the environment, and other project factors, are taken into account.

The applicability of specific technical recommendations should be defined as the exercise of professional skill,

diligence, prudence and foresight that would be reasonably expected from skilled and experienced professionals

engaged in the same type of undertaking under the same or similar circumstances globally. The circumstances that

skilled and experienced professionals may find when evaluating the range of pollution prevention and control

techniques available to a project, may include, but are not limited to, varying levels of environmental degradation and

environmental assimilative capacity as well as varying levels of financial and technical feasibility.

For IFC, such assessment is carried out consistent with Performance Standard 1, and for the World Bank, with

Operational Policy 4.01 based on the professional opinion of qualified and experienced persons. When host country

regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve

whichever is more stringent. If less stringent levels or measures than those provided in these EHS Guidelines are

appropriate, in view of specific project circumstances, a full and detailed justification for any proposed alternatives is

needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for

any alternate performance levels is protective of human health and the environment.

1.3.3 The EBRD Guidelines

When asked to finance investment projects credit officers of EBRD should, as part of the regulatory compliance check,

verify that the customer has met any local or national requirements for environmental and social impact assessment,

public information, consultation and disclosure that may apply to the activity proposed for financing. Therefore, the

Environmental Impact Assessment (EIA) or Environmental and Social Impact Assessments (ESIAs) or State

Environmental Reviews are generally required for investments involving a new, “greenfield” development or

a significant expansion or modification of an existing facility before the proposed development may be authorised.

National EIA laws may cover a few social aspects (in particular cultural and archeological heritage) but typically do not

require a full consideration of social impacts. This is why the corresponding EIA/ESIA Guidelines4 should be adopted

when a project is financed by EBRD, but also as a useful tool for the officials involved in the issuing of the related

environmental permits.

Also in Kosovo, like in other CEE countries, the national regulations on the EIA or ESIA process require consultation

with the public that may be affected by the project and prescribe the procedure for notification, public disclosure of the

draft EIA (ESIA), and public review and comment. The preparation and financing of the EIA, including actions to

address public consultation requirement is the responsibility of the borrower. The following guidance is provided by

EBRD: (1) Projects requiring an EIA under EBRD Environmental and Social Policy; (2) EIA Sample report format; (3)

Guidance for local disclosure of Environmental Impact Assessments.

3 http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approach/risk+management/ehsguidelines 4 http://www.ebrd.com/environment/e-manual/r16eia.html

http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approach/risk+management/ehsguidelines

http://www.ebrd.com/environment/e-manual/r16eia.html


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2 Potential impacts on Habitat/Species of Kosovo

The analysis of the habitat and species of Kosovo that could be impacted by new installations has been completed in

many reports implemented by the main Kosovan agencies, in particular by MESP, KEPA and the Institute for Nature

Protection, with the support of the main international donors.

On the base of such analyses, these potential impacts have been categorized as follows:

1. Potential impacts on biodiversity.

2. Potential impacts on vegetation and flora;

3. Potential impacts on fauna;

4. Potential impacts on habitat types and landscape;

5. Potential impacts on protected areas of ecological importance.

The evaluation of these impacts should be included in the EIA report prepared by the licensed person (see AI No.07/11

“on licensing compilers of Environmental Impact Assessment”) with the eventual support of other experts (biologist,

etc.). Nevertheless, also the assessors appointed by the MESP should possess the relevant knowledge of these potential

impacts in order to assess them appropriately in accordance with the criteria identified in Annex III to the Law No.03/L-

214 “on Environmental Impact Assessment”, using simple methodologies (examples of these methodologies are

reported in the following § 3).

It must be mentioned that the assessor to be appointed by MESP as an expert to evaluate the potential impacts on

Habitat/Species could be a member of an internal working group established by the Director of the Environmental

Protection Department (generally an official of the Nature Protection Division), as well as a member of the EIA

Technical Commission (generally an official of the Nature Protection Institute within KEPA), as well as an external

expert appointed by the same commission to assist the same MESP it in the corresponding evaluation before delivering

the EIA approval and the environmental consent.


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3 Proposed methods to assess the impacts on

habitat/species

3.1. Introduction

Environmental Impact Assessment is a tool designed to identify and predict the impact of a project on the bio-

geophysical environment and on man's health and well-being, to interpret and communicate information about the

impact, to analyze site and process alternatives and provide solutions to sift out, or abate/mitigate the negative

consequences on man and the environment.

EIA is always necessary for any industrial project of importance as listed in Annex I and Annex II to the Law No.03/L-

214 “on Environmental Impact Assessment”. The EIA is a means of avoiding environmental disturbances that are

always much more expensive to correct after their occurrence than before. It is also important to underline that very few

projects have been deemed not viable merely because of the cost of pollution control and that modern environmental

control, in a new plant, is less than 3% of the initial investment.

Today, there is world-wide evidence that man cannot ignore the quality of the environment. Thus environmental issues

must be addressed as soon as possible during project planning. There should not be any hesitation in abandoning a

project or a process at an early stage or in proposing alternatives to any project which would have very detrimental

impact on the environment, as is the case for projects which are not economically or financially viable. In the same way

as economic, financial, institutional, or technical analyses, EIA is an integral part of the project.

Aware of this necessity, Kosovo has implemented EIA regulations well described in the “Assessment Report”. In

addition, international agencies, in particular World Bank and UNDP, generally also lend their assistance to any

industrial project of importance implementing an EIA. Therefore, the drafting of the proposal for a method to assess the

impacts on habitat/species in Kosovo has been based on the adaptation of the procedures adopted by the main donors to

the local environment, taking into consideration the available human and financial resources of MESP, including also

the financial and technical difficulties related to the supply and management of a dedicated software that could facilitate

the assessors actually employed within MESP.

The process of the assessment of the impacts should be also useful for the following environmental auditing (EA) to be

used by the installation to check and evaluate its environmental performance. The definition of the EA describes

precisely the goals of this environmental tool. As written in the “Environmental Auditing Technical Report of

UNEP/IEO”, an EA is : “A management tool comprising a systematic, documented, periodic and objective evaluation

of how well environmental organization, management and equipment are performing in the aim of helping to safeguard

the environment by : (i) facilitating management and control of environmental practices; (ii) assessing compliance with

company policies, which would include meeting regulatory requirements”.

UNEP/IEO add, in summary, “EA should provide answers to the following questions raised by company managers;

What are we doing? In particular, are we in compliance with government regulations, guidelines, codes of practice,

permits conditions?

Can we do it better? In particular, are there non regulated areas where operations can be improved to minimize the

impact on the environment?

Can we do it more cheaply?

What more should we do?”

It is also important to note that an EA cannot stand alone and must be integrated in an overall management system and

must include dialogue between the plant manager and people living in the vicinity.


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3.2 The EIA criteria to examine the projects

The criteria to examine the projects that need an environmental consent are defined by the Annex III to the Law No.

03/L-214 “on Environmental Impact Assessment”. These are:

1. Characteristics of the projects 1.1. The characteristics of the project must be considered having regard, in particular, to:

1.1.1. The size of the project;

1.1.2. Environment impact when combined with other existing or expected future projects;

1.1.3. The use of natural resources;

1.1.4. The production of waste;

1.1.5. Pollution and nuisances;

1.1.6. Risk of accidents, having regards in particular to substances or technologies used.

2. Location of projects 2.1. The environmental sensitivity of geographical areas likely to be affected by projects must be considered,

having regards in particular to:

2.1.1. The existing land use;

2.1.2. The relative abundance, quality and regenerative capacity of natural resources in the area;

2.1.3. The absorption capacity of the natural environment, paying particular attention to the following areas:

2.1.3.1. Wetlands;

2.1.3.2. Mountain and forest areas;

2.1.3.3. Nature reserves and parks;

2.1.3.4. Special protection areas;

2.1.3.5. Areas in which the environmental quality standards laid down in Community legislation have

already been exceeded;

2.1.3.6. Densely populated areas;

2.1.3.7. Landscapes of historical, cultural or archaeological significance.

3. Characteristics of the potential impact

3.1. The potential significant effects of projects must be considered in relation to criteria set out in 1 and 2 above,

and having regard in particular to:

3.1.1. The extent of the impact (geographical area and size of the affected population);

3.1.2. The transboundary nature of the impact;

3.1.3. The magnitude and complexity of the impact;

3.1.4. The probability of the impact;

3.1.5. The duration, frequency and reversibility of the impact.

In order to check appropriately the technical fulfilment of the above mentioned EIA criteria as well as in the issuing of

an integrated environmental permit (IPPC), it should be necessary to consult all the administrative stakeholders whose

work and responsibility can be affected by the installation activity.

The above mentioned criteria to assess the EIA in accordance with the Kosovan legislation, could be further integrated

by the best practices defined by the guidelines adopted by the International Donors (see § 3.4 of the “Assessment

Report”) as well as the most used methodologies following described.


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3.3 Proposed methodology to assess the impacts on habitat/species

3.3.1 Introduction

The contents of the EIA and the range of studies to be implemented, in order to make predictions on environmental

issues, are directly linked to the size of the project and to the sensitivity of the area where it is to be erected. The EIA

must provide the decision makers and the population with all the necessary analytical data, for their information and

awareness. As superfluous details are unprofitable, the assessment has to pinpoint the important parameters to be

studied, the others are only mentioned. For these major parameters, it is often necessary to follow some guidelines in

order to have as objective a thinking as possible. Though this may not be necessary for small projects where good

practice of EIA and common sense can be sufficient, it is a necessity for large scale projects principally when they

include integrated forest development. The variety of methods used to assess impacts is very large, but the present

diversity should be considered as a healthy condition in a newly formed and growing discipline. In this chapter, we

cannot attempt to include all the existing methods. Instead, a few representative types are described. In the § 3.3.2 the

techniques available to the assessor and the other MESP staff that are member of the appointed EIA working group /

technical commission are summarised, while § 3.3.3 discusses the properties of desirable EIA methods. Then, § 3.3.3

describes some of the methods that may be used in connection with each of the following steps in the preparation of an

EIA: (1) Identification of effects; (2) Prediction of effects; (3) Interpretation of impacts; (4) Communication; (5)

Inspection procedures. As illustrative examples, three general approaches to EIA are described and compared in § 3.3.4.

In § 3.3.5, some ideas concerning environmental uncertainty are introduced. A recommendation is made that EIA

should not be a single ‘event’, but should be a process in which adaptive environmental management strategies are

continually evolving to meet the challenges of the unexpected. Finally, in § 3.3.6, some practical advice is given on the

resources that will be needed to carry out an EIA.

3.3.2 The Assessor’s tools

The assessor has a number of techniques that he may use for gathering and synthesising information:

Field surveys

Monitoring

Modelling

Agency guidelines

Literature searches

Workshops

Interviews with specialists

Public opinion polls

These techniques can be used at almost every stage in the preparation of an EIA. There is no need for elaboration here

because the techniques are described in various other sections throughout the book.

3.3.3 Some desirable properties of EIA methods

In choosing a suitable EIA method, the following questions should be asked:

1. Is the method comprehensive? Sometimes a method is required that will detect the full range of important

elements and combinations of elements, directing attention to novel or unsuspected effects or impacts, as well as

to the expected ones.

2. Is the method selective? Sometimes a method is required that focuses attention on major factors. It is often

desirable to eliminate as early as possible (i.e., during identification) unimportant impacts that would dissipate

effort if included in the final analysis. To some degree admittedly, screening at the identification stage requires a

tentative pre-determination of the importance of an impact, and this may on occasion create subsequent bias. The

assessor should start with the most critical human concerns, for which he formulates initial sets of impact

indicators and environmental effects. This small set can be partially analysed with relatively low expenditures of

resources. By working with such a simple model (perhaps by analysis, perhaps by simulation), the assessor begins

to learn, even at this coarse level, the factors that are relatively important and those that are not. Some will have an

enormous effect: it is vital to know more about them. But as the assessor widens his horizons, his task becomes

more and more complex; he must therefore be selective in his choice of additional factors to be included in the

analysis. In this way, the assessment expands as time, money, and manpower permit.


20

3. Is the method mutually exclusive? The task of avoiding double counting of effects and impacts is difficult

because of the many interrelationships existing in the environment. In practice, therefore, it is permissible to view

a human concern from different perspectives, provided that the uniqueness of the phenomenon identified by each

impact indicator is preserved. The point can be illustrated by noting that there could be several impacts of some

action affecting recreation; the major human concern might be economic for those whose income is derived there

from, social for those who use the area, and ecological for those concerned with the effects on wildlife.

4. Does the method yield estimates of the confidence limits to be assigned to the predictions? Subjective

approaches to uncertainty are common in many existing methods and can sometimes lead to quite useful

predictions. However, explicit procedures are generally more acceptable, as their internal assumptions are open to

critical examination, analysis, and, if desirable, alteration. In statistical models, for example, measure of

uncertainty is typically given as the standard deviation or standard error. Ideally, the measure of uncertainty should

be in a form common to the discipline within which the prediction is made. Having estimated the range of

uncertainty, the assessor should undertake three separate analyses whenever possible, using the most likely, the

greatest plausible (e.g., two standard deviations away from the mean), and the smallest plausible numerical values

of the element being predicted. When the resulting range of predicted values proves to be unacceptably wide, the

assessor is alerted to the need for further study and/or monitoring. The ramifications of environmental uncertainty

will be considered in more detail in § 3.3.5.

5. Is the method objective? This property is desirable to minimize the possibility that the predictions automatically

support the preconceived notions of the promoter and/or assessor: these prejudgements are usually caused by a

lack of knowledge of local conditions or a lack of sensitivity to public opinion. A second reason is to ensure

comparability of EIA predictions amongst similar types of actions. An ideal prediction method contains no bias.

6. Does the method predict interactions? Environmental, sociological, and economic processes often contain

feedback mechanisms. A change in the magnitude of an environmental effect or impact indicator may then

produce unsuspected amplifications or dampenings in other parts of the system. As an example, overgrazing of a

semi-arid region causes a dusty and more stable atmosphere, reducing regional rainfall, and thus accelerating the

destruction of vegetation (a positive feedback). As another example, populations of most large wild animals do not

increase exponentially even during the most favourable environmental conditions, due to a number of negative

feedbacks such as diminishing food supplies. Prediction methods should include a capability for identifying

interactions and estimating their magnitudes.

3.3.4 A survey of methods

3.3.4.1 Methods for identification of effects and impacts

Some of the characteristics of the potential impacts have been listed in Annex III to the Law No.03/L-214 “on

Environmental Impact Assessment”, which indicates that the effects should have regard in particular to: (1) the extent of

the impact (geographical area and size of the affected population); (2) the transboundary nature of the impact; (3) the

magnitude and complexity of the impact; (4) the probability of the impact; (5) the duration, frequency and reversibility

of the impact. Usually, the following 3 principal methods for identifying environmental effects and impacts are used:

1. Matrices. Matrices typically employ a list of human actions in addition to a list of impact indicators. The two are

related in a matrix which can be used to identify (to a limited extent) cause-and-effect relationships. Published

guidelines may specify these relationships or may simply list the range of possible actions and characteristics in an

open matrix, which is to be completed by the analyst.

2. Checklists. Checklists are comprehensive lists of environmental effects and impact indicators designed to

stimulate the analyst to think broadly about possible consequences of contemplated actions. This strength can also

be a weakness, however, because it may lead the analyst to ignore factors that are not on the lists (‘tunnel vision’).

Checklists are found in one form or another in nearly all EIA methods.

3. Flow diagrams. Flow diagrams are sometimes used to indentify action-effect- impact relationships. An example is

given in Figure 3.3.1, which shows the connection between a particular environmental impact (decrease in growth

rate and size of commercial shellfish) and coastal urban development. The flow diagram permits the analyst to

visualize the connection between action and impact. The method is best suited to single-project assessments, and is

not recommended for large regional actions. In the latter case, the display may sometimes become so extensive

that it will be of little practical value, particularly when several action alternatives must be examined.

Fig. 3.3.1 - Example of a flow-chart used for impact identification (Sorensen)


21

3.3.4.2 Methods for prediction of effects

Methods for prediction cover a wide spectrum and cannot readily be categorised. All predictions are based on

conceptual models of how the universe functions; they range in complexity from those that are totally intuitive to those

based on explicit assumptions concerning the nature of environmental processes. Provided that the problem is well

formulated and not too complex, scientific methods can be used, to obtain useful predictions, particularly in the

biogeophysical disciplines. For example, given the climate (particularly the wind) at a representative site, together with

information on time of day, topography and chimney specifications, the patterns of ground level pollution

concentrations around a chimney can be estimated (mean values for various averaging times, as well as frequency

distributions). Methods for predicting qualitative effects are difficult to find or to validate. In many cases, the

prediction consists of indicating merely whether there will be degradation, no change, or enhancement of environmental

quality. In other cases, qualitative ranking scales (from 1 to 5, 10 or 100) are used. Because some methods are better or

more relevant than others, a listing of recommended methods for solving specific environmental problems would seem

to be desirable. However, a compendium of methods, even with numerous footnotes and words of caution, is likely to

be a snare for the unwary non-specialist. The environment is never as well behaved as assumed in models, and the

assessor is to be discouraged from accepting off-the-shelf formulae.

3.3.4.3 Methods for interpretation of impacts

There are three methods for comparing impact indicators:

1. Display of Sets of Values of Individual Impact Indicators. One way to avoid the problem of synthesis is to

display in a checklist or matrix all the impact indicators. For a relatively small set, and provided that some thought

is given to a sensible grouping of similar kinds of indicators into sub-sets, a qualitative picture of the aggregate

impact may become apparent by the clustering of checkmarks in the diagram. This approach is used in numerous

methods. Because the assessor wishes to be all-inclusive, however, the sets are usually much too large for visual

comprehension. In the LEOPOLD matrix, for example, 17,600 pieces of information are displayed (see § 3.4.1).

Such an array may confuse the decision-maker, particularly if a separate checklist or matrix is prepared for each

alternative. Effort may be wasted if the assessor conscientiously tries to fill in a high proportion of the boxes, and

he may be swamped with excessive information if he succeeds.

2. Ranking of Alternatives within Impact Categories. A second and better method for estimating relative importance

is to rank alternatives within groups of impact indicators. This permits the determination of alternatives that have

the least adverse, or most beneficial, impact on the greatest number of impact indicators. No formal attempt is

made to assign weights to the impact indicators; hence the total impacts of alternatives cannot be compared. An

example of this approach is given in Table 3.3.1 (Hessel et al.). Inspection of the table suggests that Plan IV is

environmentally most acceptable, although construction costs are the highest.

Parameters Ranking of Abatement Alternatives*

No Abatement Plan I Plan II Plan III Plan IV

Water quality Alkalinity-pH Iron-manganese

Total hardness

5 5

2

2 2

5

3 3

4

4 4

4

1 1

1

Ecology Aquatic Terrestrial

5 4

2 5

3 2

4 3

1 1

Aesthetics Land and terrestrial biota Water and aquatic biota

Man-made structures

4 5

1

5 4

5

2 2

4

3 3

3

1 1

2

Economics Mix of economic activities Capital formation

Incomes-employment Property values

5 5

5 5

1 1

1

4

3 2

3

2

4 3

4

5

2 4

2 1

Social

Individual services

Community services

5

1

4

3

2

4

3

5

1

2

Public cost Construction

Operation and maintenance

1

1

4

5

3

4

2

3

5

2 *Rankings range from 1 (most desirable) to 5 (least desirable).

Tab. 3.3.1 - Interpreting impacts by ranking of alternatives for a watershed development (after Hessel et al)

3. Normalisation and Mathematical Weighting. In order to compare indicators numerically and to obtain aggregate

impacts for each alternative: (a) the impact indicator scales must be in comparable units; (b) an objective method


22

for assigning numerical weights must be selected. Various normalization techniques are available to achieve the

first objective. In the Battelle system (Dee et al.), for example, environmental quality is scaled from 0 (very bad)

to 1 (very good) by the use of ‘value functions’ (see § 3.3.5.1). ‘Very bad’ and ‘very good’ can be defined in

various ways. For a qualitative variable such as scenic beauty which has been ranked from 1 to 5 or from 1 to 10

by the assessor, the scales are simply transformed arithmetically to the range from 0 to 1. For quantitative

variables such as water or air quality , 'very bad' could be the maximum permissible concentrations established by

law, while ‘very good’ could be the background concentrations found at great distances from sources. Finally, a

method of weighting may be required in order to obtain an aggregate index for comparing alternatives. This is

undoubtedly a controversial part of the analysis. The following schemes are listed in increasing order of

complexity: (a) count the numbers of negative, insignificant, and positive impacts, and sum in each class; (b)

when the impact indicators are in comparable units, assign equal weights; (c) weight according to the number of

affected persons; (d) weight according to the relative importance of each impact indicator. Scheme (a) is a special

case of (b), both of which are to be discouraged. Scheme (d) may implicitly include (c). In either case, the criteria

for weighting should be obtained from the decision-maker or from national goals. The number of weights will

often be rather small, as few as two positive and two negative. The use of weights is not perfect but it helps to

quantify value judgements. The chief element of dispute is whether the task should be done by specialists or

laymen. In the former case, the views may not reflect those of the public directly affected by the action. In the

latter case, the non-specialist may not have sufficient factual information for impact assessment. For example,

laymen have no basis for comparing the nutritional value of oranges, apples, and pears, although they could be

asked quite appropriately to rank the flavours. Some of these problems and some partial solutions have been

discussed by Dooley. The system described above also assumes that the numerical values of the individual impact

indicators should indeed be aggregated into a single index. This has proved to be a controversial question. On the

one hand, ‘Because net environmental impact is expressed as a single value, it is easily compared to other

alternatives to determine the most environmentally sound approach to development of a particular resource’ (US

Subcommittee). Proponents of this point of view argue that an impact assessment should be in a form suitable for

making a decision, and that decision-making is simplified if the major impacts are collapsed to a single number.

Too often in the past a task force has prepared an impact assessment containing a catalogue of independent

environmental concerns and impacts. On the other hand, many are opposed to aggregation. Sorensen and Moss

reason as follows: ‘We believe that an evaluation framework should be organized to allow environmental impacts

to be judged on an individual basis, or according to common categories (e.g., water quality, air quality). In this

context, different units of measure which most accurately reflect the particular costs or benefits of an identified

impact or type of impact could be used. The evaluation of individual impacts or impact groups permits more

flexibility in decision-making. Rather than just offering a "yes" or "no" choice, the evaluation of specific impacts

allows and encourages alterations in particularly objectionable aspects of a project. A project could thus be

approved on the condition that certain modifications or mitigation measures were incorporated in the design’.

Sorensen and Moss suggest in addition that aggregation may obscure a single major impact within an arithmetic

average. While recognizing that aggregation has some merit, we believe that it should only be used with caution

and that: 1) the disaggregated values of the individual impact indicators should be given; 2) the procedure for

aggregation should be clearly documented; 3) the procedure should include a provision for rejecting or flagging an

unacceptable impact, e.g., a highway passing through an historic site.

3.3.4.4 Methods for communication

Communication is sometimes the weakest component in the EIA process. The assessor may not have direct access to

the decision-maker, in which case preparation of the EIA Executive Summary or Statement is probably the most

important part of the EIA document. There and elsewhere, every effort should be made to avoid incomprehensibility

and/or ambiguity, which may occur in several ways:

1. if scientific jargon is used without explanation

2. if uncommon measurement units or scales are used to predict impacts;

3. if the explicit criteria and assumptions used in connection with value judgements and trade-offs are not given;

4. if the affected parties are not clearly indicated;

Affected parties should be clearly indicated. A good communication method should indicate the link in space and time

between the expected impact and the affected parties. A poor system would leave one wondering, ‘What effect does the

impact have on me’? Most action proposals have beneficial impacts for some, but detrimental impacts for others. As

noted by Biswas in connection with water-resource planning: ‘benefits are estimated, but these analyses usually do not

contain any information on the nature of the beneficiaries’. Some of the most strongly contested EIAs are associated

with siting, in which there is no fundamental objection to a proposed development provided that it is sited somewhere

else. This is a political rather than an environmental problem and should perhaps be excluded from the EIA process. A


23

special difficulty with communication arises when public disclosure is required or when there is fear that the EIA will

be 'leaked' to the news media. In such cases, the assessor may adopt one of the following protective mechanisms

(Munn): (1) the encyclopaedic approach: the assessor mentions every possible impact, even those that are very unlikely

to occur; (2) the circumspect approach: the assessor avoids mention of impacts that are controversial or could catch the

attention of the news media. Neither alternative is acceptable. Techniques for communicating with the public are

summarised in Table 3.3.2 (Bishop). The table includes an indication of the effectiveness of each technique. As pointed

out by Biswas, however, ‘it is virtually certain that some people or pressure groups will support a plan, and it is equally

certain that some will oppose it’.

Communication Characteristics

Public Participation / Communication

Techniques

Water Resources Planning Objectives

Level of

Public Contact

Achieved

Ability to

Handle Specific

Interest

Degree of

2-way Communi

cation

Inform / Educate

Identify

Problems / Values

Get ideas /

Solve Problems

Feedback Evaluate

Resolve

Conflict / Consensus

2 1 1 Public hearings x x

2 1 2 Public meetings x x x

1 2 3 Informal small group

meetings x x x x x x

2 1 2 General public information

meetings x

1 2 2 Presentations to

community organizations x x x

1 3 3 Information coordination

seminars x x

1 2 1 Operating field offices x x x x

1 3 3 Local planning visits x x x

1 3 1 Class action litigation x x x x

2 2 1 Information brochures and

pamphlets x

1 3 3 Field trips and site visits x x

3 1 2 Public displays x x x

2 1 2 Model demonstration

projects x x x x

3 1 1 Material for mass media x

1 3 2 Response to public

inquiries x

3 1 1 Press releases inviting

comments x x

1 3 1 Letter requests for

comments x x

1 3 3 Workshops x x x x x

1 3 3 Advisory committees x x x x

1 3 3 Task forces x x x

1 3 3 Employment of community

residents x x x

1 3 3 Community interest

advocates x x x

1 3 3 Ombudsman or

representative x x x x x

2 3 1 Environmental impact

statement review by public x x x

1 = low, 2 = medium, 3 = high, x = capability.

Tab. 3.3.2 - Techniques for Communicating with the Public (Bishop)

3.3.4.4 Methods for determining inspection procedures

After an action has been completed, environmental quality may fall below design criteria because of:


24

a. an incorrect or incomplete impact assessment;

b. a rare environmental event or episode (e.g., an earthquake or drought);

c. an accident (e.g., a fire) or structural failure of a component (e.g., a pipeline rupture);

d. human error (e.g., an oil spill in coastal waters or misapplication of a pesticide);

The inspection procedures should take account of these four possibilities insofar as is practicable, and may include

periodic examination of equipment and of safety procedures; in some cases, recommendations for regular monitoring

programmes may be necessary. The procedures to be followed in most cases can be derived from the predictions of

effects and impacts that have already been made. An air pollution model, for example, will provide guidance on where

to locate monitoring stations.

3.3.5 An analysis of general approaches to assessing impacts

In addition to the simple criteria defined by the Annex III to the Law No. 03/L-214 “on Environmental Impact

Assessment” and in accordance with the Law No. 03/L-233 “on Nature Protection” there are numerous methodologies

that could be used by the MESP responsible officials to assess the impacts on habitat and species and all of them present

advantages or disadvantages in accordance with the individual approach used by the applicants and evaluators. Of these,

the following 3 general approaches have been selected in this section because they represent a good range of options for

impact assessment. These are:

1. Matrix method

2. Check-list (overlays) method

3. Battelle environmental evaluation system

No connotation of endorsement is necessarily implied. Other methodologies are known and can be easily found in the

bibliography.

3.3.5.1 The Matrix method

Description

The pioneering approach to impact assessment, the LEOPOLD matrix, was developed by Dr. LEOPOLD Luna and

others of the United States Geological Survey (LEOPOLD et. al). The matrix was designed for the assessment of

impacts associated with almost any type of construction project. Its main strength is as a checklist that incorporates

qualitative information on cause-and-effect relationships but it is also useful for communicating results. The LEOPOLD

system is an open-cell matrix containing 100 project actions along the horizontal axis and 88 environmental

'characteristics' and 'conditions' along the vertical axis. These are listed in Table 3.3.3, while the accompanying

instructions are reproduced in Figure 3.3.2. Despite the list of project actions in Table 3.3.3 is comprehensive the

assessor will find that many of the cells will not be used in any individual case.The ‘characteristics’ and ‘conditions’ in

Table 3.3.3 are a combination of environmental effects and impacts. Figure 3.3.2 indicates that for each cell in the

matrix, a ranking system (scaled from 1 to 10) is given for the magnitude and for the importance of each possible

impact.

INSTRUCTIONS

1. Identify all actions (located across the top of the matrix) that are part of the

proposed project 2. Under each of the proposed actions, place a slash at the intersection with each

item on the side of the matrix if an impact is possible 3. Having completed the matrix, in the upper left hand corner of each box with a

slash, place a number from 1 to 10 which indicates the MAGNITUDE of the

possible impact, 10 represents the greatest magnitude of impact and 1 the least (no zeros). Before each number place “+” if the impact would be beneficial. In

the lower right hand corner of the box place a number from 1 to 10 which

indicates the IMPORTANCE of the possible impact (e.g. regional vs local), 10

represents the greatest importance and 1 the least (no zeros)

4. The text which accompanies the matrix should be a discussion of the significant impacts, those columns and rows with large number of boxes

markeed and individual boxes with larger numbers

SAMPLE MATRIX

a b c d e

a

2 1

8 5

b

7

2

8

8

3

1

9

7

Fig. 3.3.2 - Instruction for using the LEOPOLD Matrix (LEOPOLD et al)


25

PART 1: Project Actions

A. MODIFICATION OF REGIME

a) Exotic flora or fauna introduction

b) Biological Controls

c) Modification of habitat

d) Alteration of ground cover

e) Alteration of ground-water hydrology

f) Alteration of drainage

g) River control and flow codification

h) Canalization

i) Irrigation

j) Weather modification

k) Burning

l) Surface or paving

m) Noise and vibration

B. LAND TRANSFORMATION AND CONSTRUCTION

a) Urbanization

b) Industrial sites and buildings

c) Airports

d) Highways and bridges

e) Roads and trails

f) Railroads

g) Cables and lifts

h) Transmission lines, pipelines and corridors

i) Barriers, including fencing

j) Channel dredging and straightening

k) Channel revetments

l) Canals

m) Dams and impoundments

n) Piers, seawalls, marinas, & sea terminals

o) Offshore structures

p) Recreational structures

q) Blasting and drilling

r) Cut and fill

s) Tunnels and underground structures

C. RESOURCE EXRACTTION a) Blasting and drilling

b) Surface excavation

c) Sub-surface excavation and retorting

d) Well drilling and fluid removal

e) Dredging

f) Clear cutting and other lumbering

g) Commercial fishing and hunting

D. PROCESSING a) Farming

b) Ranching and grazing

c) Feed lots

d) Dairying

e) Energy generation

f) Mineral processing

g) Metallurgical industry

h) Chemical industry

i) Textile industry

j) Automobile and aircraft

k) Oil refining

l) Food

m) Lumbering

n) Pulp and paper

o) Product storage

E. LAND ALTERATION a) Erosion control and terracing

b) Mine sealing and waste control c) Strip mining rehabilitation

d) Landscaping

e) Harbour dredging f) Marsh fill and drainage

F. RESOURCE RENEWAL a) Reforestation

b) Wildlife stocking and management

c) Ground-water recharge d) Fertilization application

e) Waste recycling

G. CHANGES IN TRAFFIC a) Railway b) Automobile

c) Trucking

d) Shipping

e) Aircraft

f) River and Canal traffic

g ) Pleasure boating h) Trails

i) Cables and lifts

j) Communication k) Pipeline

H. WASTE EMPLACEMENT AND TREATMENT a) Ocean dumping

b) Landfill

c) Emplacement of tailings, spoil and overburden d) Underground storage

e) Junk disposal

f) Oil-well flooding g) Deep-well emplacement

h) Cooling-water discharge

i) Municipal waste discharge including spray irrigation j) Liquid effluent discharge

k) Stabilization and oxidation ponds

l) Septic tanks, commercial &. domestic

m) Stack and exhaust emission

n) Spent lubricants

I. CHEMICAL TREATMENT

a) Fertilization

b) Chemical deicing of highways, etc. c) Chemical stabilization of soil

d) Weed control

e) Insect control (pesticides)

J. ACCIDENTS

a) Explosions b) Spills and leaks

c) Operational failure

H. OTHERS a)

b)

Tab. 3.3.3 - The LEOPOLD Matrix (LEOPOLD et al.) - Part I listing the Project Actions (Arranged Horizontally in the Matrix)


26

PART 2: Environmental ‘Characteristics’ and ‘Conditions’

A. PHYSICAL AND CHEMICAL CHARACTERISTICS

1. Earth

a) Mineral resources

b) Construction material

c) Soils

d) Landform

e) Force fields & background radiation

f) Unique physica1 features

2. Water

1) Surface

b) Ocean

c) Underground

d) Qua1ity

e) Temperature

g) Snow, Ice, & permafrost

3. Atmosphere

a) Quality (gases, particulates)

b) Climate (micro, macro)

c) Temperature

4. Processes

a) Floods

b) Erosion

c) Deposition (sedimentation, precipitation)

d) Solution

e) Sorption (ion exchange, complexing)

f) Compaction and settling

g) Stability (slides, s1umps)

h) Stress-strain (earthquake)

f) Recharge

i) Air movements

B. BIOLOGICAL CONDITIONS

1. Flora

a) Trees

b) Shrubs

c) Grass

d) Crops

e) Microf1ora

f) Aquatic plants

g) Endangered species

h) Barriers

i) Corridors

2. Fauna

a) Birds

b) Land anirnals including reptiles

c) Fish & shellfish

d) Benthic organisms

e) Insects

f) Microfauna

g) Endangered species

h) Barriers

i) Corridors

C. CULTURAL FACTORS

1. Land use

a) Wildemess & open spaces

b) Wetlands

c) Forestry

d) Grazing

e) Agriculture

f) Residential

g) Commercial

h) Industrial

i) Mining & quarrying

2.Recreation

a) Hunting

b) Fishing

c) Boating

d) Swimming

e) Camping & hiking

f) Picnicing

g) Resorts

3. Aesthetics & Human Interest

a) Scenic views and vistas

b) Wilderness qualities

c) Open space qualities d) Landscape design

e) Unique physical features

f) Parks & reserves

g) Monuments

h) Rare & unique species or ecosystems

i) Historical or archaeological sites and objects

j) Presence of misfits

4. Cultural Status

a) Cultural patterns (life style)

b) Health and safety

c) Employment

d) Population density

5. Man-Made Facilities and Activities

a) Structures

b) Transportation network (movement, access)

c) Utility networks

d) Waste disposal

e) Barriers

f) Corridors

D. ECOLOGICAL RELATIONSHIPS SUCH AS:

a) Salinization of water resources

b) Eutrophication

c) Disease-insect vectors

d) Food chains

e) Salinization of surficial material

f) Brush encroachment

g) Other

E. OTHERS a)

b)

Tab. 3.3.3 - The LEOPOLD Matrix - Part 2 listing the Environmental 'Characteristics' and 'Conditions' (Arranged Vertically in the Matrix)

Identification

The LEOPOLD matrix is comprehensive in covering both the physical-biological and the socio-economic

environments. The list of 88 environmental characteristics is weak, however, from the point of view of structural

parallelism and balance. For example, swimming (an activity) and water temperature (an indicator of state) are both

included. In addition, the list is biased towards the physical-biological environment (67 entries).


27

The LEOPOLD matrix is not selective, and includes no mechanism for focusing attention on the most critical human

concerns. Related to this is the fact that the matrix does not distinguish between immediate and long-term impacts,

although separate matrices could be prepared for each time period of interest.

The principle of a mutually exclusive method is not preserved in the LEOPOLD matrix, and there is substantial

opportunity for double counting. This is a fault of the LEOPOLD matrix in particular rather than of matrices in general.

Prediction

The method can accommodate both quantitative and qualitative data. It does not, however, provide a means for

discriminating between them. In addition, the magnitudes of the predictions are not related explicitly to the ‘with-

action’ and ‘without-action’ future states.

Objectivity is not a strong feature of the LEOPOLD matrix. Each assessor is free to develop his own ranking system on

the numerical scale ranging from l to 10.

The LEOPOLD matrix contains no provision for indicating uncertainty resulting from inadequate data or knowledge.

All predictions are treated as if certain to occur. Similarly, there is no way of indicating environmental variability,

including the possibility of extremes that would present unacceptable hazards if they did occur, nor are the associated

probabilities indicated.

The LEOPOLD matrix is not efficient in identifying interactions. However, because the results are summarized on a

single diagram, interactions may be perceived by the reader in some cases.

Interpretation

The LEOPOLD matrix employs weights to indicate relative importance of effects and impacts. A weakness of the

system is that it does not provide explicit criteria for assigning numerical values to these weights.

Synthesis of the predictions into aggregate indices is not possible, because the results are summarised in an 8,800 (88 by

100) cell matrix, with two entries in each cell _ one for magnitude and one for importance. Thus the decision maker

could be presented with as many as 17,600 items for each alternative proposal for action.

Communication

By providing a visual display on a single diagram, the LEOPOLD matrix may often be effective in communicating

results. However, the matrix does not indicate the main issues or the groups of people most likely to be affected by the

impact.

Inspection procedures

The matrix has no capability for making recommendations on inspection procedures to be followed after completion of

the action.

Summary

Although the matrix approach has a number of limitations, it may often provide helpful initial guidance in designing

further studies. In this connection, the assessor should feel free to modify the matrix to meet his particular needs. For

initial screening of alternatives, we recommend that the number of cells be reduced, and that a series of matrices be

prepared:

a. one set for environmental effects and another for impact indicators;

b. one set for each of two or three future times of interest;

c. one set for each of two or three alternatives.

Particular cells could be flagged if the assessor felt that an extreme condition might occur, even though the probability

was very low, and footnotes could be used where appropriate.

A set of 8 or 12 such matrices might be a useful tool at the outset of an assessment, or whenever the resources of the

assessor are limited.


28

3.3.5.2 Check list (overlays)

Description

Various check-lists, or EIA type methods, are available world-wide. Generally check-lists are more widely used in

developing countries while EIA type methods are often used in developed countries by authorities to guide the EIA

authors in their thinking. The principle of these two methods is to give a framework to EIA authors so that they do not

forget any important point. Check-lists, or EIA type methods, are good tools but they cannot take into consideration all

particular cases that can be met during an EIA. However, they are generally sufficient for small scale projects. These

methods can be combined with the use of environmental guidelines, widely proposed by authorities or donors agencies.

While EIA type methods are available for different activities, check-lists are provided both for various sectors of

activity (industries, forestry, agriculture…) and for the different types of areas affected (wetlands, forests, …).

The overlay approach to impact assessment was first suggested by Dr. Ian MCHARG at the University of Pennsylvania.

A series of transparencies is used to identify, predict, assign relative significance to, and communicate impacts in a

geographical reference frame larger in scale than a localized action would require. The approach has been employed by

KRAUSKOPF and BUNDE form selecting highway corridors, by NEHMAN et al. for evaluating development options

in coastal areas, and in numerous other applications.The study area is sub-divided into convenient geographical units,

based on uniformly-spaced grid points, topographic features or differing land uses. Within each unit, the assessor

collects information on environmental factors and human concerns, through aerial photography, topological and

government land inventory maps, field observations, public meetings, discussions with local science specialists he and

cultural groups, or by random sampling techniques (see ECKENRODE, for example). The concerns are assembled into

a set of factors, each having a common basis (i.e., not representing conflicting concerns). Regional maps

(transparencies) are, drawn for each factor, the number of maps having a practical limitation of about 10. By a series of

overlays, the land-use suitability, action compatibility, and engineering feasibility are evaluated visually, in order that

the best combination may be identified. A computer may be programmed to perform the tasks of aggregating the

predicted impacts for each geographical sub-division and of searching for the areas least affected. MINSHALL et al.,

for example, have used computerized overlays in conjunction with a simulation model to assess trade-offs between

economic growth and environmental quality in the state of Arizona. Procedures are also available for selecting

sequences of unit areas for routing highways, pipelines and other corridors. The computer method is more expensive

and requires more time to design than transparent overlays but is more flexible, an advantage whenever the reviewer

suggests that the system of weights be changed. The overlay approach can accommodate both qualitative and

quantitative data, For example, water is often shaded blue while land elevation can be shown by contour lines. There

are, however, limits to the number of different types of data that can be comprehended in one display. A computerized

version thus has greater flexibility. Although in this case, too, the individual cartographic displays may be too complex

to follow in sequence, the final maps (optimum corridors for each alternative, and comparisons amongst alternatives)

are readily prepared and understood.

Fig. 3.3.3 - Example of the overlay method as applied to the selection of a corridor for an electrical transmission line. The four parts of the

figure represent relative impacts (indicated by the intensity of shading) for three separate impact indicators (a, b, c) and for a

composite of eight indicators (d), The solid lines are jurisdictional boundaries (Dooley and Newkirk)


29

Figure 3.3.3 provides a practical example of the overlay method, which in this case has been applied to the problem of

selection of a corridor for a high voltage (550,000 volts) electric transmission line (DOOLEY and NEWKIRK). The

study area is productive agricultural land interspersed with a number of small cities (up to 250,000 population) having

industrial, commercial, and institutional importance, The area is approximately 250 x 100 km2 and has fairly intense

competition for land use.

The analysis was computerized using a unit square of 500 x 500 m2. For each grid square, an inventory of information

on a large number of variables was obtained. There were data, for example, on existing roads, pipelines, railways,

airports, radio towers, major industries, residential areas, institutions, and commercial areas. Data were also obtained on

crop yields, soil and wildlife capabilities, moisture regimes, landforms, historic sites, and recreational areas. This list is

by no means complete, but indicates the complexity of land use. The areas of concern were as follows:

Economic system

Agricultural operations

Area utilities and industry

Linear utilities (corridor users)

Social system

Recreational, cultural, historical

Natural system

Natural environment

Natural landscape diversity

Relative visibility of transmission line

For each factor and for each grid square, an impact rating was determined on a scale of 1 (low) to 5 (high) with 6 as a

special rating denoting 'no go'. The numerical value to be used in each case was obtained with the aid of a computer

programme, using a set of rules that had been developed for the study.

ComputeriSed ‘factor maps’ were produced, light shading denoting low impact, dark shading high impact, and black

denoting ‘no go’. Township boundaries were included as a reference frame. Examples are given in Figure 3.3.3 (a, b, c)

while a section of the composite impact map is shown in Figure 3.3.3 (d). It can be seen that corridors, say from A to B,

that have low impact can readily be selected visually.

Identification

The approach is only moderately comprehensive because there is no mechanism that requires consideration of all

potential impacts. When using overlays, the burden of ensuring comprehensiveness is largely on the analyst.

The approach is selective because there is a limit to the number of transparencies that can be viewed together.

Overlays may be mutually exclusive provided that checklists of concerns, effects, and impacts are prepared at the outset

and a simplified matrix-type analysis is undertaken.

Prediction

Because predictions are made for each unit area, the overlay method is strong in predicting spatial patterns, although

weak in estimating magnitudes: a rather elaborate set of rules is often required to reveal differences in severity of

impacts from place to place.

In some regions, the assessor may be able to find cartographic charts of future environmental states, e.g., population or

land-use projections that have been prepared recently for some other purpose. The with-action and without-action

conditions can then be readily compared.

The objectivity of the overlay method is high with respect to the spatial positioning of effects and impacts (e.g., area of

land to be flooded), but is otherwise low. Overlays are not effective in estimating or displaying uncertainty and

interactions.


30

Extreme impacts with small probabilities of occurrence are not considered. A skilled assessor may indicate in a footnote

or on a supplementary map, however, those areas near proposed corridors where there is a possibility of landslides,

floods or other unacceptable risks.

Interpretation

Two methods are used to obtain aggregate impacts from overlays:

(a) Conventional weighting, the weights being a measure of relative importance;

(b) The threshold technique, in which a unit square is excluded from further consideration whenever a designated

number of impacts is forecast to occur , or whenever an individual impact is unacceptably high.

A weighted average tends to give too little emphasis to impacts that are extreme for only a few people; the decision-

maker may wish to be alerted to these extremes, and may wish to receive recommendations for remedial actions, e.g.,

financial compensation to property owners for land expropriation.

Overlays are strong in synthesis and in indicating trade-offs whenever spatial relationships are important. Although the

analysis is limited to the total area represented by the transparencies, several levels of detail may be examined by

preparing: (i) a set of overlays for a geographical scale much larger than the area covered by the action and in only

modest detail; (ii) a set of overlays for part of the region on an expanded scale and in much greater detail than the other

set.

Communication

The overlay approach can be used to communicate clearly where the types and number of affected parties are to be

found. Other advantages include:

a. the possibility of displaying magnitudes by colour, coding or shading;

b. the ease with which the system can be programmed on a computer to provide composite charts that can be readily

understood;

Inspection Procedures

The overlay method provides guidance on the spatial design of inspection procedures to be followed.

Summary

The overlay system cannot be considered ideal, but despite its limitations it u valuable in illuminating complex spatial

relations. It is recommended for large regional developments and corridor selection problems, provided that the assessor

views his analysis with at least a modest degree of scepticism.

3.3.5.3 The Battelle Environmental Evaluation System

Description

The environmental evaluation system was designed by the Battelle Columbus Laboratories in the United States to

assess impacts of water-resource developments, water-quality management plans, highways, nuclear power plants, and

other projects (DEE et al).

The human concerns (environmental impacts) are separated into four main categories (see Table 3.3.4):

Ecology: (1) species and populations; (2) habitats and communities; (3) ecosystems

Pollution (Physical/chemical): (1) water pollution; (2) air pollution; (3) land pollution; (iv) noise pollution

Aesthetics: (1) land; (2) air; (3) water; (4) biota; (5) man made objects; (6) composition

Human interest/social: (1) educational/scientific packages; (2) historical packages; (3) cultures; (4)

mood/athmosphere; (5) life patterns; (6) compositon.

Each category contains a number of components that have been selected specifically for use in all U.S. Bureau of

Reclamation water-resource development project.

For each component, Battelle has developed an index of environmental quality, normalized to a scale ranging from 0 to

1, using a value function method. Each impact indicator is then given as the difference in environmental quality

between the states with and without action.


31

ECOLOGY POLLUTION (PHYSICAL / CHEMICAL)

Terrestrial Species & Populations

-Browsers and grazers (14)

-Crops (14)

-Natural vegetation (14)

-Pest species (14)

-Upland game birds (14)

Aquatic Species & Populations

-Commercia1 fisheries (14)

-Natural vegetation (14)

-Pest species (14)

-Sport fish (14)

-Water fowl (14)

Terrestrial Habitats & Communities

-Food web index (12)

-Land use (12)

-Rare & endangered species (12)

-Species diversity (14)

Aquatic Habitats & Communities

-Food web index (12)

-Rare & endangered species (12)

-River characteristics (12)

-Species diversity (14)

Ecosystems

Water Quality

-Basin hydrologic loss (20)

-Biochemical oxygen demand (25)

-Dissolved oxygen (31)

-Fecal coliforms (18)

-Inorganic carbon (22)

-Inorganic nitrogen (25)

-Inorganic phosphate (28)

-Pesticides (16)

-pH (18)

-Streamflow variation (28)

-Temperature (28)

-Total dissolved solids (25)

-Toxic substances (14)

-Turbidity (20)

Air Quality

-Carbon monoxide (5)

-Hydrocarbons (5)

-Nitrogen oxides (10)

-Particulate matter (12)

-Photochemical oxidants (5)

-Sulphur oxides (10)

-Other (5)

Land Pollution

-Land use (14)

-Soil erosion (14)

Noise Pollution

-Noise (4)

AESTHETICS HUMAN INTEREST /SOCIAL

Land

-Geologic surface material (6)

-Relief & topographic character (16)

-Width and alignment (10)

Air

-Odour and visual (3)

-Sounds (2)

Water

-Appearance of water (10)

-Land & water interface (16)

-Odour and floating material (6)

-Water surface area (10)

-Wooded and geologic shoreline (10)

Biota

-Animals -domestic (5)

-Animals -wild (5)

-Diversity of vegetation types (9)

-Variety within vegetation types (5)

Man-Made Objects

-Man made objects (10)

Composition

-Composite effect (15)

-Unique composition (15)

Education/Scientific

-Archeological (13)

-Ecological (13)

-Geological (11)

-Hydrological (11)

Historical

-Architecture and styles (11)

-Events (11)

-Persons (11)

-Religions and cultures (11)

-'Western Frontier' (11)

Cultures

-Indians (14)

-Other ethnic groups (7)

-Religious groups (7)

Mood/ Atmosphere

-Awe/inspiration (11)

-Isolation/solitude (11)

- Mystery (4)

-'Oneness' with nature (11)

Life Patterns

-Employment opportunities (13)

-Housing (13)

-Social interactions (11)

Tab. 3.3.4 - The Battelle Environmental Classification for Water-Resource Development Projects (DEE et al). The Bracketed Numbers are

RelativeWeights)

Two exam ples of Battelle ‘value functions’ are given in Figure 3.3.4 of the following page.

The rationale for Part (a) of the diagram is as follows. In the western United States, optimum populations of livestock

and/or wild herbivores such as deer and elk are such that about 50 to 60% of the net annual above-ground production of

plants is consumed; When this percentage is exceeded, the stability of the system is disturbed (overgrazing); when it is

not reached, the full potential of the system for grazing is not being used.


32

In Part (b) of Figure 3.3.4, a value function is given for dissolved oxygen, which is a commonly used index of water

quality. DEE et al. recommend the following procedure for determining value functions:

Step 1: Obtain information on the relationship between the parameter and the quality of the environment.

Step 2: Order the parameter scale (abscissa) so that the lowest value is zero.

Step 3: Divide the quality scale (ordinate) into equal intervals between 0 to 1, and determine the appropriate value of

the parameter for each interval. Continue the process until a curve can be drawn.

Step 4: Ask several different specialists to repeat Steps 1 to 3 independently. Average the curves to obtain a group

curve. (For parameters based solely on value judgements, use a representative cross-section of the

population.)

Step 5: Show curves to all participants, and ask for a review if there are large variations. Modify the group curve as

appropriate.

Step 6: Repeat Steps 1-5 with a separate group of specialists, to test for reproducibility.

Step 7: Repeat Steps 1-6 for all the selected parameters.

Fig. 3.3.4 - Exampes of environmental value functions: (a) terrestrial carrying capacity for browsers and grazers; (b) disso1ved oxygen

The bracketed number that follows each entry in Table 3.3.4 is the relative weight assigned to each impact indicator.

The weights are fixed for all similar types of projects. Given the value of each impact indicator and the associated

weight, the overall impact of each project alternative may then be calculated by taking, weighted sums.


33

The system also incorporates a warning system, a series of red flags used to indicate that:

a. the value of an impact indicator cannot be estimated because of inadequate data; or

b. the value of a particular impact indicator is unacceptable, even though the weighted index suggests that the project

may be given approval to proceed on environmental grounds;

Red flags indicate areas where further studies are needed.

Identification

The approach is comprehensive and at the same time selective. The assessor may select an appropriate level of detail.

The system is not mutually exclusive in the strict sense of the phrase. Impacts are not counted twice; nevertheless, the

same impact may sometimes appear in different parts of the system. For example, the water-quality problems caused by

high concentrations of suspended particulate matter are contained in the physical/ chemistry category (turbidity), while

the associated aesthetic problems are to be found in the aesthetic category (appearance of water).

Prediction

The method provides prediction on magnitudes on normalized scales, from which differences between the states with

and without action can readily be determined.

The objectivity is high in terms of comparisons between alternatives and between projects. The value-function curves

have been standardized, and the rationale for the shapes of these curves is public knowledge.

The system contains no effective mechanism for estimating or displaying interactions. However, the assessor is alerted

to the possibility of uncertainty and of extremes by red flags.

Interpretation

The numerical weighting scheme is explicit, permitting calculation of a project impact for each alternative. Although

any type of weighting scheme is controversial, this one has been developed from systematic studies and its rationale

documented. The designers of the system believe strongly that the weights should not be allowed to vary within project

alternatives.

The Battelle system of determining weights (DEE et al.) is a useful example to describe. The human concerns are

divided into a few categories, each of which has components, for which there are separate sets of impact indicators. For

example, pollution is a category, water pollution is a component, and pH is one of a set of impact indicators. The system

for selecting weights contains nine steps:

Step 1: Select a group of individuals and explain to them in detail the weighting concept and the use of their rankings

and weights.

Step 2: List the categories, components, and impact indicators, and ask each individual independently to rank each

member of each set in decreasing order of importance.

Step 3: Each individual assigns a value of I to the first category on his list, and then decides how much the second is

worth compared to the first, expressing his estimate as a decimal between 0 an 1.

Step 4: Each individual makes similar comparisons for all consecutive pairs of categories.

Step 5: Steps 3 and 4 are repeated for the sets of components and impact indicators.

Step 6: Averages are computed over all individuals for all categories, components, and indicators, the weights being

adjusted in the cases of components and indicators to take account of the weights obtained for the larger

groupings.

Step 7: The group results are revealed to the individuals.

Step 8: The experiment is repeated with the same group of individuals.

Step 9: The experiment is repeated with a different group of individuals to check for reproducibility .

Communication

The approach does not link impacts to affected parties or to dominant issues. However, the system is effective in its

summary format, which is usually a table listing individual and aggregate impacts as well as flagging impacts in need of

future study. The summary format is designed for the specialist and may sometimes require explanation.


34

Inspection Procedures

The approach provides modest guidance on the development of future inspection procedures. Particularly for value

functions that are related to national standards or criteria, the system indicates the parameters that will require

monitoring.

Summary

The Batteile methodology, although not ideal, has much to recommend it wherever the assessor has sufficient resources.

3.3.5.4 Some concluding remarks on general approaches

Table Table 3.3.5 summarises the strengths and weaknesses of the three general approaches selected for study. The

assessor may, in fact, have difficulty in choosing from amongst the range of approaches and of methods. The choice

win depend upon the nature of the action and upon the available resources. Indeed, the assessor may sometimes wish to

use more than one approach, either:

a. Consecutively at different stages and levels of detail of the assessment; or

b. Concurrently at a single stage. In the latter case, the assessor may wish to test whether two approaches yield the

same results.

Characteristics Phases Leopold Overlay Batelle

Capability

Identification

Prediction

Interpretation

Commumcation

Inspection procedures

Medium

Low

Low

Low

Low

Medium

Low

Low-Medium

High

Medium

High

High

High

Low-Medium

Low-Medium

Action complexity capability Incremental alternatives Fundamental and incremental

alternatives

Incremental

alternatives

Risk assessment capability Nil Nil Nil

Capability for flagging extremes Low Low Medium

Replicability of results Low Low-Medium High

Level of detail

Screening of alternatives Incremental Fundamental and incremental Incremental

Detailed assessment Yes Yes Yes

Documentation stage Yes Yes Yes

Money Low Maps low; computer high High

Resource

requirements

Time Low Maps low; computer high High

Skilled manpower

Computational

Medium

Low

High

Maps low; computer high

High

Medium

Knowledge Medium Medium Medium

Time Low Maps low; computer high High

Tab.3.3.5 - Comparison of three general approaches to assessing impacts


35

3.3.6 The problem of uncertinty

An EIA contains four kinds of uncertainty, due to:

1. The natural variability of the environment, particularly the occurrence of rare events such as floods and

earthquakes;

2. Inadequate understanding of the behaviour of the environment;

3. Inadequate data for the region or country being assessed;

4. Socio-economic uncertainties (inadequate understanding and inadequate data).

Methods are available for predicting the first kind of uncertainty. Frequency distributions of the numerical values of

physical and biological elements can be estimated in many cases, and can be used to predict the probabilities of rare

events. Engineers use these methods in the design of flood-control systems, tall buildings, and so forth. Although

prediction of the exact date of occurrence of a rare event is not possible, the engineer can design a structure so that its

risk of failure is smaller than any value specified in national building codes, standard or the like. For very large projects,

MARK and STUART-ALEXANDER believe that the expected costs of low-probability disasters should be evaluated.

They estimate a dam failure rate of the order of 10-4 per dam-year, and they assert that in urban areas the relative

damage costs (i.e., the costs weighted by the probability of occurrence) could be comparable to project benefits.

The second and third types of uncertainty are more difficult to manage. The degree of knowledge and data varies from

discipline to discipline, and this leads to mismatches, not only in the confidence to be placed in a prediction but also in

the philosophies advocated by members of the assessment team. On the one hand, there are those who believe that EIAs

should focus on impacts that can be estimated with reasonable assurance; see, for example, HALL. On the other hand,

there are those who believe that EIAs should focus on impacts whose magnitudes and frequencies of occurrence cannot

be determined with any exactitude; thus, because a chimney can be designed so that emission controls and air-quality

standards can be met, some environmentalists assert that the engineering calculations should not be an integral part of

an EIA, but should be considered separately in relation to existing laws or regulations.

The fourth kind of uncertainty _ socio-economic _ is the most difficult to quantify. Externalities such as wars, currency

devaluations, and changes in international trade relations are impossible to predict. But even when national and

international conditions remain relatively stable, the construction of a highway or dam may sometimes produce

unexpected adjustments by the local population; for example, there is always uncertainty in predicting the ways in

which a community will respond after a highway has been constructed: in terms of employment, housing, recreational,

and other kinds of patterns. Furthermore, the strong feed-back loops between socio-economic and biophysical impacts

can result in corresponding uncertainty in the long-term biophysical impacts.

A related problem is due to the fact that uncertainty increases as a prediction is made for times further and further into

the future. In some cases, predictions of long term consequences may be so uncertain that the decision-maker has no

option but to make a decision on the expected short-term impacts.

For these reasons, HOLLING has urged that an EIA should be considered as an investigation into, rather than a

determination of impacts. At present, an EIA is one of several considerations leading to a decision to implement a

proposed action. Once the decision has been taken, however, the EIA is generally filed, and the assessment team is

disbanded. A modest monitoring programme may be established by the proponent or by a designated government

agency. But what happens if the EIA predictions begin to go seriously wrong? WALTERS has emphasized that a

development pattern, once established, is difficult if not impossible to terminate or to change radically. What happens

more often than not is that the decision-maker takes a number of small corrective actions as the situation develops,

leading to an ultimate blurring of the original goals and a worsening of the long-term impacts.

HOLLING therefore recommends a policy of adaptive environmental impact assessment, in which the EIA process

continues long after the proposed action has been implemented. The EIA is then an essential component of a long-term

environmental management strategy.

Referring back to Figure 1.1 , the environmental condition 'with action' (the lower curve in that diagram) becomes

known up to the time of the EIA update. Because the equivalent section of the upper curve (environmental condition

'without action') in Figure 1.1 cannot readily be estimated, there is still the problem of determining the net effect of the

action so far. Nevertheless, periodic reviews of the EIA after the action has been taken force the assessor to reevaluate

the EIA in a holistic and non-crisis way.

One reason why EIA predictions go wrong is the fact that socio-economic values change with time. For example, the

role of the automobile as a status symbol is changing in some countries.

http://www.scopenvironment.org/downloadpubs/scope5/chapter01.html#fig1.1

http://www.scopenvironment.org/downloadpubs/scope5/chapter01.html#fig1.1


36

3.3.7 Resources available to the Assessor

Of pragmatic importance is the question of the resources available to the assessor. Generally in the past, quantitative

and comprehensive analyses have demanded substantial resources. In this connection, two points of view have been

expressed. On the one hand, there have been occasions when a project has been over-assessed, when the analysis has

included either irrelevancies (in terms of the real needs of the decision-maker) or predictions that are more detailed than

warranted by the quantity and quality of the available data sets.

On the other hand WHITE has suggested that because of the complexity of the environment, assessors have sometimes

tended to fasten on to simplified approaches and methods, which may obscure the real issues or impacts. He fears that

the impact statement may become a new genre of scientific fiction which could submerge bureaucratic decisions in an

avalanche of obfuscating paper. SCHINDLER has expressed similar concerns, noting furthermore that an EIA is seldom

refereed and rarely receives 'the hard scrutiny that follows the publication of scientific findings in a reputable scientific

journal'. While recognizing the possibility that charlatans and hucksters may operate within the EIA system, this book is

based on the premise that the assessor and the environmental scientists who assist him have a genuine desire to produce

the best possible EIA within the constraints of current knowledge of environmental processes.

Any discussion of resources must recognize the two very real dangers described above: over-complexity and over-

simplicity. Between these two undesirable extremes, there is undoubtedly a useful working range of options for

selecting an approach that matches resources. The most important considerations are as follows:

Money. Assessment costs money, but the costs of environmental assessment should not be viewed as a no-return

investment. Precise details on costs are not available, even in the United States where environmental assessment has

been practised extensively for some years; however, it is likely that the preparation of an Environmental Impact

Statement probably absorbs about 0.1% of the capital cost of a project. This figure does not inc1ude the costs of

environmental analysis at the 'screening of alternatives' and design stages. By contrast, engineering feasibility and

design studies may cost as much as 10% of project capital cost.

Manpower. Environmental impact assessments are not very feasible without staff support. According to the

complexity and nature of the project, the assessor should be able to draw upon the skil1s of specialists in the

physical, behavioural, social, and life sciences.

Time. In some cases, analyses of sub-systems cannot be undertaken in parallel; the output from one component may

be input to another. In other cases, sub- systems may require common data sets ('massaged' in different ways). These

examples suggest that economies in time and money can be achieved by coordinated scheduling within the

assessment team

Knowledge. Some approaches are not suitable unless extensive data sets are available. This constraint must be

recognized, as well as the cost of collection, retrieval, and quality control of existing data. Another form of

knowledge is familiarity with the environment of the action area and with the availability and quality of relevant

environmental data. As a general rule, subjective approaches and methods should not be used without familiarity

with local environmental conditions. Where knowledge is dispersed through many agencies and institutes,

inventories of data sources and of specialist skills should be prepared at an early stage of the assessment process.

Computational facilities. The need for computational facilities will vary widely according to the nature of the

proposed action and the approach adopted. Digital (and to some extent analogue) computers are almost mandatory if

large data bases or simulation models are to be used. But much can be accomplished with facilities such as simple

electronic or mechanical calculators and slide rules. The selected approach is, however, dependent to a certain extent

upon the available computational resources.


37

3.3.8 Software

Some software is available to help in forecasting the impact of development projects. FAO proposes a software package

“Ecozone” which is not specific to the pulp and paper industry but includes the analysis of possible impacts of a project

for 6 types of ecozones for five groups of activities: agriculture, aquaculture, forestry, livestock and water resources:

- Upland humid, Upland arid,

- Lowland humid, Lowland arid,

- Coastal humid, Coastal arid.

The software is a package which consists of the following programmes:

Ecozone-Impacts. Contains pre-programmed rules and facts about the environmental impact of development

projects, and may be used to indicate the major potential environmental impact of certain development activities in

different regions of the tropics. In addition, an encyclopaedia of textual information about regions, sectors, activities,

and environmental impact of activities is provided.

Ecozone-Workshop. Contains facts in its textual database, but does not hold any rules about environmental impact

and projects. It was designed for use in specific training situation, where groups of trainees enter their own rules

about the environmental impact of activities in different sectors. The programme automatically combines the rules

of the different groups, allowing the rules of all the groups to interact. In this way it is possible to show how an

activity can have negative or positive impacts which may affect other activities.

Ecozone-Control and Empty book. Ecozone-Empty book contains no facts or rules, it is an empty shell of the

Ecozone-Impact system. Its purpose is to allow very experienced users to enter new rules and facts about, for

example, a particular country, region or activity. Ecozone-Control book simply allows users to create and access

new Empty books.

Ecozone-Impacts allows to determine automatically the major impacts of a development project. The impacts are

classified in terms of primary or higher order impacts. For example: Deforestation increases run-off which induces soil

erosion which leads to increased sedimentation, etc.

Ecozone-Workshop allows us to determine the impact of a project alone. It is generally better to begin the experience

by filling Ecozone-Workshop and then to compare the results with those of Ecozones-Impacts.

Ecozone-Empty book allows to create its own database of projects: for example pulp and paper projects.

Despite the above mentioned software could be applied to evaluate the impacts of different projects in Kosovo, it is

recommended to select, at a first stage, simple methodologies to evaluate the EIAs, including them in a specific EIA

guideline that could be also a part of a specific Administrative Instruction of MESP, elaborating also a simple software

for MESP officials to assess the corresponding applications.


38


39

Annexes

Annex A: Kosovan relevant legislation

Law No.03/L-233 “on Nature Protection”

Republika e Kosovës

Republika Kosovo-Republic of Kosovo

Kuvendi - Skupština - Assembly

Law No. 03/L-233

Assembly of Republic of Kosovo; Based on Article 65 (1) of the Constitution of Republic of Kosovo,

Approves:

LAW ON NATURE PROTECTION

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject

1. This Law shall lay down a system for the general protection and conservation of nature and its values.

2. Nature in the meaning of this law represents all biological and landscapes diversity.

Article 2

Purpose

1. This Law regulates nature protection, its sustainable use and particularly:

1.1. Protection, conservation, rejuvenation and sustainable use of natural resources, in condition of natural

balance;

1.2. Nature rejuvenation in harmed areas or their parts and compensation for inflicted damages;

1.3. Establishment of protected areas network, planning system, management, stocktaking, monitoring,

information and funding for the purpose of protection of nature;

1.4. Preventing the over use of endangered types of flora and fauna, especially those of particular importance, rare

and endangered, and their habitats;

1.5. Ensuring the right of the public for information on the nature state and participation in decision making for

nature protection;

1.6. Ensuring the exercise of the right of citizens for healthy environment, relaxation and recreation in nature;

1.7. Prevention of harmful activities in the nature, as a consequence of economical activities by legal or physical

persons;

1.8. Maintainance or restore, at favorable conservation status, natural habitats and species of interest for Kosovo

according to EU standards;

1.9. Conservation of all species of naturally occurring birds in the wild state (birds, their eggs, nests and habitats).


40

Article 3

Implementation

1. This Law applies in the Republic of Kosovo for all legal, physical persons and institutions which are holders of

rights and obligations arising from this Law.

2. Provisions of this law do not apply in the case of avoiding the risk of direct life, human health or property, to

rescue people or property and carrying out activities for the defense of the Republic of Kosovo.

3. The provisions of paragraph 2. of this Article shall apply only over time, as last quoted circumstances.

Article 4

General interest for nature protection

Nature and natural heritage are of the interest for Republic of Kosovo and acquired special protection.

Article 5

Principles of Nature Protection

1. Nature protection and conservation shall be based on:

1.1. principle of precaution – if based on the modern scientific and technical-technological knowledge, it is

concluded that certain activity or action could damage nature, the necessary measures and activities shall be

undertaken prior to obtaining the scientific proof that damages could occur.

1.2. principle of integration - the measures and activities of nature protection shall be integrated in all

development strategic, planning and programme documents, plans for spatial development and use, as well as

in the plans for natural wealth management and use.

1.3. principle - user pays – when using the nature, the user of the nature is obliged to compensate the costs for

maintenance of the natural balance and for enjoying the natural heritage, as well as for recovery of the nature

degradation that occurs when using the nature and enjoying the natural heritage.

1.4. principle of proportionality – using of non regenerative nature goods should be used in rational manner,

whereas those that are regenerative should be used in sustainable manner.

1.5. principle of public participation - public have right on approach of information’s regarding nature state, right

to be informed on time for nature damages, undertaken measures for eliminating caused damages, and also

the right and opportunity to participate on decision making for nature.

1.6. principle of subsidiary - in the cases when responsible for damages can not be noticed than the rehabilitation

costs and damage decrease shall be under the responsibility of state institutions.

1.7. principle of prevention – it shall be the right and obligation of individuals and legal entities to undertake

measures and activities for nature protection before damages occur.

1.8. principle of cooperation – when juridical and physical person use natural good and spatial planning are

obliged to follow principles, measures and conditions for nature protection.

2. In protection and prosperity of nature shall apply the basic principles for environmental protection in accordance

with law.

Article 6

Implementation of nature protection

1. Nature protection shall be implemented through the conservation of biological and landscape diversity and the

natural values.

2. Nature protection shall particularly be implemented through:

2.1. Determination and evaluation of state of landscape and biological diversity components;

2.2. Implementing the nature protection measures;

2.3. Putting conditions and measures of nature protection in the spatial planning document and management plans

of nature goods in activities of mining, agriculture, forestry, hunting, fishing, hydro-economy, and also other

activities with impacts in the nature;

2.4. Drafting reports of nature state, issuing and implementing strategy, programs, action plans and management

plans;

2.5. Determination of nature values and nature protected values;

2.6. Establishing the system for administrating with nature values and nature protected values;

2.7. Connection and harmonization of national system with the international system of nature protection;


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2.8. Encouragement of science investigations regarding nature protection field;

2.9. Public information about nature state and public participation on decision-making for nature protection;

2.10. Encourage and support the nature protection through increasing public awareness, especially through

educative process.

Article 7

Definitions

1. The terms used in this Law shall have the following meanings:

1.1. Natural balance - state of the harmonized relations between living organism’s and their habitat. Break up

of natural balance is inflicted when quantitative and qualitative structure of living communions changes,

damaging or destroying their habitat, destroy or change action ability of ecosystem, discontinue ecosystem

connection and/or is inflicted the considerable isolation between certain populations;

1.2. Nature degradation – state of nature when human activities have changed natural processes in such a

degree that the natural balance i disturbed, or nature values are destroyed;

1.3. Derivate – organic or inorganic product of alive organisms;

1.4. Ecosystem – spatial more or less limited dynamic complex of bio-cenosis and non living environment that

interact as functional entirety;

1.5. Fossil – remaining form animal and plant origin or traces of former life forms;

1.6. Introduction – purposed or un-purposed spreading of species and sub - species in the ecosystem to an area

in which they never lived before;

1.7. Public interest – interests which are for the welfare of public;

1.8. Speleological cadastre – parts of the data base of speleological objects and aggregate parts of the data base

of nature heritage values;

1.9. Ecological corridor – ecological component or connection of some components which allow free

movement of alive organisms from one site to another and constitute part of the ecological network;

1.10. Trap – tool which is used for animal holding or catching, with which one will trip – up animals free

movement;

1.11. Biodiversity – diversity of alive organisms including variety within the species, among the species, as well

as the variety of the ecosystems;

1.12. Genetic diversity – diversity of genes among the individuals, populations, species and higher taxonomic

categories;

1.13. Landscape diversity - territory with special characteristics of relief, made from ecosystem complex

integrated in functionally manner including civilization elements;

1.14. Wetlands – includes marshland areas, mosses, natural or artificial waters, permanent or temporary waters

with flow water and backwater where the depth of the lower flow does not exceed six (6) meters;

1.15. Species – taxonomic unit, including plants, mushrooms, animals or micro organisms of low taxons or their

populations, whereas in the Law have to do with their species and sub species;

1.16. Wild species – species and sub - species of the plants, mushrooms or animal, which was not generated

under human influence as a result of artificial selection - selection or breeding with aim of race profit of the

domestic animals and cultivated plants - or genetic modification of heritable material by modern

biotechnology techniques;

1.17. Local modified species - species in which ones evolution process are influenced by the human activities

with purpose of food production;

1.18. Autochthonous specie – local species which naturally occurs in the certain ecosystem of one area;

1.19. Endemic species” – species or sub species whose distribution is limited in certain area;

1.20. Alohton specie – extraneous or exotic species, population and distribution of which didn’t exist before in

the certain ecosystem of one area, but in that area came with or without intention;

1.21. Threatened species – species which are in confrontation with high credibility of disappearing in nature

conditions within rapidly future;

1.22. Species of the Community interest – species that exists in Republic of Kosovo territory and are listed or

may be listed in Annex II, IV and V of EU Habitats Directive;

1.23. Priority species – species that are with interest for Community, for which’s the Community have special

responsibility of conservation status in view of the proportion of their natural range. These priority species

are marked with one asterix (*) in Annex II of the Habitats Directive;

1.24. Nature protection – every procedure in the system of measures carried out for the purpose of biological

and landscape diversity and protection of the natural heritage;

1.25. Minerals - self-created chemical elements, homogeneous of the structure, form and content. Minerals in

the content of this Law are not mining materials;


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1.26. Minister - minister of the Environment and Spatial Planning;

1.27. Ministry - Ministry of Environment and Spatial Planning;

1.28. Institute- Kosovo Institute of Nature Protection

1.29. Factitious nature – part of the nature which is created by human beings with educative and educational

aim, creating landscape elements, or with other purposes which are important for conservation of biological

and landscapes diversity - trees typesetting, parks, botanic gardens, arboretums;

1.30. Nature – the entire biosphere, including components of biological diversity, habitats, geological

formations, minerals and fossils, as well as other physical and geographic phenomena on Earth;

1.31. Intervention in the nature – any plan or project not directly connected with or necessary to the

management of the area but likely to have a significant effect to SPA and SAC thereon, either individually

or in combination with other plans and projects, shall be subject of appropriate assessment of its

implications;

1.32. Speleological objects - hole/underground space longer than five meters created under nature conditions

under impact of factors of un-organic origin and in which ones can entry the human;

1.33. Administration body – all responsible institutions for nature protection excluding those in municipal level;

1.34. Competent municipal body - responsible institutions for nature protection in municipal level;

1.35. Landscape – part of a territory with special characteristics, fromed by a complex of integrated ecosystems

in functional manner including the elements of civilization;

1.36. Nature components – every authentic components of nature: plants, mushrooms, animals, minerals, fossil,

rocks, water, air, land, etc;

1.37. Monitoring of state – monitoring – planning monitoring of the state of nature respectively components of

biological and landscape diversity;

1.38. Nature rejuvenation - restoration – series of measures by which ones the broken state of biological and

landscape diversity will be restored in approximate authentic state;

1.39. Management plan for protected area – planning document where responsible management authority of

protected area, plans measures and activities for nature heritage protection;

1.40. Economizing plans of nature goods – based on special laws are determined economic bases of

management, economize and use of natural goods for economical, social and ecological purposes. This plan

and program implies each plan and program which is prepared under subordination and/or approved by

local or state level, or which is prepared and issued by executive organ according to legal procedure in the

Kosovo Assembly or Government and which one is foreseen by law or sub-legal act, including also plans

and programs for amending and fulfilling these plans and programmes;

1.41. Population – a sum unit of same species linked in space and time that can freely crossbreed;

1.42. Re-intrusion - reintroduction – re-population of one specie in the area where it previously disappeared

from, and the ecosystem still has almost the same environmental conditions as before their disappears;

1.43. Nature conservation – series of adequate measures for maintenance or restoration of nature habitats and

population of wild species of flora and fauna within favourable status;

1.44. Ecological network – system of important ecological area linked between them, which ones by bio-

geographic balanced distribution, visibly contribute on conservation of habitats and species and biological

diversity, made from important ecology area for Republic of Kosovo, and are included in the System of

Important Ecological Areas of EU “NATURA 2000”;

1.45. Sustainable use – use of biological diversity components within one manner and rhythm, which do not

cause long-term decreasing of the biological diversity, maintaining her potential, for fulfilling needs and

aspirates of present and forthcoming generations;

1.46. Cliff – unique form of the relief with hydro-geologic and geo-morphologic specific characteristics;

1.47. Exfoliations – presents mineral stratifications of the underground spaces with different forms - stalactites,

stalagmites, haloclines;

1.48. Conservation status of species - the sum of influences acting on the species concerned that may affect the

long-term distribution and abundance of it’s population within territory of Republic of Kosovo;

1.49. Conservation status of nature habitats – the sum of operative influences in the nature habitats and their

specific types, that may affect long-term natural distribution, structure and function and also long-term

survival of their authentic types;

1.50. Nature goods - nature resources – every component of nature used by man for economic purposes.

Nature goods may be un-renovable - mineral materials and renouvable biological goods, water, renouvable

soil;

1.51. Habitat of a species – environment defined by specific factors biotic and a-biotic, in which species lives in

every biological cycle of their life;

1.52. Natural habitat types of Community interest - those natural habitats which are in Republic of Kosovo

and are or may be listed in the Habitat Directive Annex I;


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1.53. Priority natural habitat types – natural habitat types in danger of disappearance, which are present in the

territory of the Republic of Kosovo for the conservation have special responsibility upon proportion with

naturally decrease level in certain territory. Those types of natural habitats with priority are marked with a

star (*) in Annex I;

1.54. Trading - sales and purchase, possession with commercial aim, public exposure with, use with aim of

financial profit, retention with aim of sale, sales offer or transport with aim of trading or renting, or

exchanging wild species which are under protection;

1.55. Resettlement place – expanse dedicated for temporary dwelling, respectively for cure of diseased or

injured animals, forsaken lings which ones alone could not survive in the nature, animals taken from their

owners because of illegal retention in deportation, illegal trade, exporting, importing and other reasons

defined by law;

1.56. Natural habitat – terrestrial or aquatic areas distinguished by geographic, biotic and a-biotic features,

whether entirely natural or semi - natural;

1.57. Nature protected value - nature value protected by the organ determinate by this Law and registered on

the Register of nature protected values and has to do with protection areas: - strict nature reserve, national

park, special area, nature park, nature monument, protection landscapes and monument of park architecture

-, protected plant species, mushrooms and animals including exemplars of carrion of protected wild species

based on this Law and international legal acts, parts of their derivatives and also minerals, fossils, and

protected exfoliations;

1.58. Nature values - nature parts that deserves special protection with aim of landscape and biological diversity

conservation, because of their sensibility or because of scientific, cultural, aesthetic, educative, economic,

and other public interest;

1.59. Area – one defined geographical territory, which ones spreading is outlined evidently;

1.60. Important ecological area - territory which evidently contributes in conservation of biodiversity in the

Republic of Kosovo; 10

1.61. Special area – special area of protection or special area of conservation;

1.62. Special Protected Areas– SPAs” – declared area in accordance with EU Directive for wild birds, the most

suitable territories in number and size for the conservation of species listed in Annex I and for regularly

occurring migratory species;

1.63. Special Area of Conservation - SAC” – a site of Community importance declared through legal

administrative measures, and/or contract act when measures of necessary conservation are implemented for

maintaining or restoration in favourable status of nature habitat conservation and/or population of the

species for which’s the area is declared.

CHAPTER II

NATURE PROTECTED VALUES

Article 8

1. Nature protected values, according to this Law are:

1.1. Protected areas:

1.1.1. Strict nature reserve;

1.1.2. National park;

1.1.3. Special area – SPAs and SAC;

1.1.4. Nature park;

1.1.5. Nature monument;

1.1.6. Protected landscape;

1.1.7. Park architecture monument.

1.2. Protected species:

1.2.1. strictly protected wild specie;

1.2.2. protected wild specie;

1.2.3. protected local modified species.

1.3. protected minerals, exfoliation and fossils.

2. Nature protected values are ranked as following by importance:

2.1. International;

2.2. National;

2.3. Local.

3. Category rank from paragraph 2 of this Article shall be determined by sub legal act of Ministry based on

professional assessment of nature protected value.


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Article 9

Trans - boundary Protected Area

1. Protected Area may be connected with protected area of another state.

2. Management plan and protection measures of trans-boundary protected areas shall be determined with an

agreement by competent authority of the states in which lie part of trans - boundary protected area.

Article 10

Strict nature reserve

1. Strict nature reserve is an area of the land and/or water, which is unchanged or least-varied and it’s dedicated

exclusively for conservation of nature resource, scientific investigation of biological diversity, monitoring of

nature state, as well education if does not inflict any dangerousness of freely development of nature processes.

2. For Investigations and for educative visits of the strict nature reserve, it’s necessary to claim a permit from the

Ministry.

3. In the strict nature reserve its prohibited performance of economic and other activities.

Article 11

National Park

1. National park is a large area of the land and/or water, with extraordinary and diversified natural values, including

one or more of natural ecosystems conserved or least-changed and especially dedicated for conservation of nature

authentic values.

2. A national park is intended for scientific, cultural, educational and recreational purposes.

3. In the national park shall be permitted operations and activities with which it’s not risked the original nature.

4. In the national park are prohibited economical uses of nature goods.

5. In the national park shall be permitted tourist - hotelier and recreation activities which are with assignment of

visits, education, healthy needs - touristy and recreation, extensive traditional agriculture, fishery, if they don’t

present any dangerousness of the species existence and natural - balance in accordance with this Law and

management plan.

6. The activities from paragraph 5. of this Article may be restricted in order to conserve authenticity of nature in a

national park.

Article 12

Special area of conservation

1. Special area of conservation is a wide area of the land and/or water, with special importance because it’s unique,

rare or representative or is a habitat of wild species and especially is important for science.

2. Special area could be: floristic, mycological, forestall and of other vegetation, zoological, -ornithological,

ichtiological, geological, pale-ontological, hydrogeological, hydrological etc.

3. In the special area are prohibited interventions, works and activities, which could destroy characteristics because

of which it is declared as special area: collecting and destroying plants, disturbance, catching and killing animals,

introducing of new biological species, melioration interventions, different forms of economic or and other uses.

4. In the special area shall be permitted interventions, works and activities, which ones sustain and improve

conditions that are important for conservation of the features, because of which it’s declared as a special area.

5. Visiting and touring of a special area could be prohibited or limited by protection measures.

6. By act of declaration the special area, at once are protected also different values because of which it’s declared as

a special area: ornithological – ichtiological, geological – hydrologic etc.

Article 13

Nature Park

1. Nature park presents large natural area or partly artificial of the land and/or water, with ecological features of

national and international importance with emphasized values of landscapes diversity, - educational, cultural -

historical and tourist – recreational values.


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2. In the nature park shall be permitted economic and other activities that do not risk the role and important

characteristics of the nature park.

3. The method of execution of the economic activities and use of nature goods in the nature park shall be determined

by nature protection conditions.

Article 14

Nature monument

1. A nature monument is the individual unchanged segment or a group of segments of living or non-living nature

distinguished by ecological, scientific, aesthetic or educational value.

2. Nature monument may be: geological - pale-ontological, mineralogical, hydrologic, geologic structure, sediment,

geomorphologic - cave, chasm, cliff walls, hydrologic – water sources, water flow, waterfall, lake, botanic - rare

exemplars or important for vegetative world of one locality, small botanic or zoological locality, important for its

scientific values.

3. In the nature monument or in his locality which is component part of protected area, shall not be permitted

activities that endanger characteristics and its values.

Article 15

Protected landscape

1. Protected landscape is natural or factitious nature area with high landscape and biological diversity values, or

cultural - historical, or landscape with unique conservation characteristics for certain region that is dedicated for

relaxing and recreation.

2. In the protected landscape are forbidden interventions and activities that destroy characteristics for which ones it is

declared protected.

Article 16

Park architecture monument

1. Park architecture monument it’s an artificially created space: botanic garden, arboretum, city park, tree typesetting

and other forms of parks and gardens, respectively individual or grouping timbres with high aesthetic values,

cultural - historical, ecological or scientific.

2. In the park architecture monument and in his direct nearness, which is component part of protected area, shall not

be permitted works and activities which could change or destroy values for which ones it is protected.

Article 17

Protected species

1. Wild species which are rare or endangered shall be protected as strictly protected species and protected species.

2. Strictly protected species shall be determined if:

2.1. Wild specie it’s in danger to disperse from territory of Republic of Kosovo;

2.2. Is endemic specie in one limited territory;

2.3. Wild specie protected based on international agreements.

3. Protected specie shall be determined if:

3.1. Local wild specie is sensitive or rare and it’s not under risk to disperse from territory of the Republic of

Kosovo;

3.2. Wild specie which is not in danger but because of his appearance easily can transform in wild specie in

danger;

3.3. Wild specie according to enforced international agreements.

4. Local modified species protected could define that kind/ autochthon variety of plant or animal which is developed

as a consequence of traditional cultivation and presents nature heritage value.

5. Regarding issues of wild species protection and locally modified species which are not regulated by this Law will

be implemented special provisions.


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Article 18

Minerals, exfoliation and protected fossils

1. Protected mineral may be defined that mineral, group of minerals or exfoliations which are rare with special

appearance or size, or with extraordinary scientific importance, in the meaning of this Law presents nature value.

2. Protected fossil could be defined that fossil which is rare with special appearance or size, or with extraordinary

scientific importance, in the meaning of this Law presents nature value.

3. Minerals, exfoliation and fossils are property of Republic of Kosovo.

4. Its forbidden destruction of the protected minerals, exfoliation and fossils and also their finding places.

CHAPTER III

PROCEDURES OF ANNUNCIATION THE NATURE PROTECTED VALUES

Article 19

Protected areas

1. National Park shall be announced by law the Republic of Kosovo Assembly -hereinafter Assembly.

2. Strict nature reserve, special area SPAs and SAC, nature monument of particular importance and nature park, shall

be announced by Government of Kosovo -hereinafter Government.

3. Nature monument, protected landscape, park architecture monument, shall be announced by municipality

assembly, in which territory are located, after taking preliminary permit issued by the Ministry.

4. Protected areas from paragraph 3. of this Article, which are located in territory of two or more municipalities,

based on the Ministry’s proposal shall be announced by Government.

5. Whether protection from paragraph 3. of this Article is proposed by the Ministry, whereas the municipality

assemblies within a term of three months, since the received day would not issue a protection act, that nature value

announce the Government.

Article 20

Content of annunciation proposal

1. Proposal of annunciation act it’s based on professional proposal which is drafted by Kosovo Institute for Nature

Protection -hereinafter Institute, with which one are determined values of the area which is proposed for

protection, administrative manner of that area, as well proposal of the body which issues the annunciation act for

insuring fund for administration with protected area.

2. Professional base from paragraph 1. of this Article includes detailed description of value characteristics of the

protection area, assessment of state of that area, consequences that rise from issuing that annunciation act,

especially for property right and economy activities that come across, and also assessment of the necessary funds

for implementation of the annunciation act of protected area.

3. For the proposal of protected area annunciation the public shall be informed. Informing the public implies public

approach on the proposed annunciation act of protected area, professional basis containing cartographic

documentation.

4. The procedure of enabling public access to information in granting status of national parks, nature parks, strict

nature reserve and special area, shall be organized and lead by Ministry, whereas public approach of the other

annunciation of protected area: - nature monument, protected landscape and park architecture monument - shall be

organized and lead by municipality assembly.

5. Public approach from paragraph 4. of this Article will lasting at least thirty (thirty) days.

6. The proposal of annunciation act of the protected area has an obligation to declare the proposals that rise from

public approach, whereas submitted remarks from debate become component parts of documentation in which

bases the annunciation proposal.

7. Notification of public access should be announced in media for public information and in web page of the Ministry

and includes notes, hartographic documentation and other documentation regarding the area proposed for

protection, time frame for review, final date for receiving comments and references from the body that receives

those comments.


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Article 21

Content of annunciation act

1. Annunciation act of protected area shall include as following:

1.1. Name and category of protected area;

1.2. Spatial borders of protected area;

1.3. Proportion signs of cartographic dimension, respectively other location signs;

1.4. Cartographic presentation for Special Area on a scale at least 1:5.000 and for other protected areas 1:25.000

with borderlines, respectively with location signs, which are component parts of annunciation act.

2. With aim of preventing the dangerousness of the nature protected area, by annunciation act could be determined

the buffer area around protected area and described its protection measures.

Article 22

Annunciation act

1. Annunciation act of protected area from Article 21 of this law enounces in the “Official Gazette of Republic of

Kosovo”.

2. Cartographic documents with borderlines, respectively with location signs, shall be under care of the organ that

issues act, whereas one copy of this act and location sign is obligated to be delivered to the Ministry and Institute.

Article 23

Status disappearance of protected area

If the protected area announced by the Municipality loses his values, of which ones it’s protected, the authority that

issued the protection act, issues the intersection act of protection, after preliminary consent by Ministry, and which it’s

not necessary when the intersection act of protection is declared by the law or by sub legal act of Government.

Article 24

Preliminary protection

1. For the area of which ones the Institute based on the professional reasoning determine that they have

characteristics of protected areas and/or it is initiated the procedure for taking it under protection, will be

determined that it is under preliminary protection by issuing the decision of preliminary protection. The Decision

of precursory protection will be issued by the Ministry.

2. By the decision of precursory protection will be determined protected area, measures and protection conditions

and also deadline definition which could not be longer then two years since the issuing day.

3. During the period so far is prolonged the precursory protection of nature values, are applied provisions of this law.

Article 25

Protected species

1. The wild species which are under dangerousness in the of this Law, the Ministry by special Act proclaims

protected species or strictly protected species, in the Institute proposal, based on assessment of the threatened level

of certain species and obligations that rise from international agreements.

2. Regulation from paragraph 1. of this Article, issues based on the red list drawn up by Institute.

Article 26

Local modified species

1. Local modified species which are endangered in the meaning of this Law on Institute proposal, minister

determines and proclaim them as protected local modified species.

2. By decision from paragraph 1. of this Article are determined cultivation purposes, rules of conservation and

conservation of clear genetic and genetically health bases, as well manner of use of the local dangerous species

modified that aren’t determined by special law.


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Article 27

Protected minerals, exfoliations and fossils

Minerals, exfoliations and fossils shall be determined and announced under protection by the minister based on the

proposal of Institute.

Article 28

The register of nature protected values

1. Nature protected values are registered in the Register of the nature protected values.

2. The Register of nature protected values shall be kept by the Ministry.

3. The registry and deletion of nature protected values from the Register shall be carried out based on the

determination act, respectively annunciation, for precursory protection or act on intersection of protection.

4. Content and keeping manner of the Register of nature protected values, determines the minister by sub legal act.

5. Data from the Register of nature protected values shall be public, except if its determined that extension data’s of

nature protected values shall remain confidential for the sake of protection thereof.

6. Records in Register, their changes and deletion from it shall be published on “Official Gazette of the Republic of

Kosovo”.

CHAPTER IV

IMPLEMENTATION OF PROTECTION AND NATURE CONSERVATION

Article 29

General measures for nature protection and conservation

1. Owners and holders of the use right of the nature components, are obligated to permit the organ representatives to

accomplish their administrative works and/or professional works of nature protection: - hereinafter competent

authority - and authorized persons by them, to visit and to look around with aim of investigation, gathering

professional data’s, and also supervising the implementation of foreseen measures and defined conditions for

nature protection.

2. Provisions from paragraph 1. of this Law are valid also for nature protection values.

Article 30

Organize rides in motor vehicles

1. For organizes rides, rides on motor vehicles outside settlements of the vehicles: test-rowing, cross-rowing, rowing

out of the roads, sportive - rowing, racing row and promotion, outside of all types of roads, field roads and well-

ordered pathways, should be taken the permit by the Ministry with consent of competent authority of agricultural

and forestry.

2. In case of performance of the official duties, agricultural activities, forestry or other allowed activities, when this is

in accordance with this Law and other provisions, permit its not needed.

Article 31

Change of land destination

In the protected area it is not possible to change the land destination, which is incompatible with spatial planning

documents and with the Law on Agricultural Land.


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Article 32

Fertilizers and pesticides

1. Ammunitions for protection of the plants and mineral fertilizers may be used only based on professional

assessment and verifying results of general state on protected species, in acceptable nature- friendly manner and in

accordance with other provisions.

2. In case of based suspicion that with ammunitions for protection of the plants or mineral fertilizers, will be

endangered biological diversity or nature values, respectively the measure use it’s not permitted by ecological

aspect, the minister after taking the preliminary opinion of competent authority for agriculture and forestry, will

limit by temporary instruction, or permanently will forbid the use ammunitions for protection of plants, or mineral

fertilizers by which ones will be endangered biological diversity or nature value.

Article 33

Intervention in the nature

1. Assessment of acceptability for ecological network is obligatory process by which one is evaluated the existence

of credibility of the plan and program implementation, or intervention in the area of ecological network, alone or

combined with other plans, programs or interventions, could have significant impact on conservation goals and in

integrity of the area of ecological network based on its structure and functionality.

2. Assessment of acceptability of the ecological network it’s not required if the plan, program or intervention is

directly linked with management of the area of ecological network.

Article 34

1. For the planned intervention in the ecological network area, which own or together with other interventions that

could significantly impact the goals of conservation and integrity of the area of ecological network, examined

acceptability for ecological network in accordance with this Law.

2. For intervention for which the special law which regulates the Environmental Impact Assessment -EIA- required

evaluation of the impact of intervention for intervention and for which the need is determined during the

evaluation procedure of reviewing the evaluation, review key on acceptability intervention for ecological network

in relation to the goals of preserving the integrity of the ecological network is performed within the obligatory

procedure for EIA.

3. For the implementation of plans and programs which may be important impact on the goals of conservation and

integrity of ecological network obligatory shall apply for assessment of acceptability for ecological network.

4. For plans and programs for which the law which regulates the environmental protection provided obligation on

Strategic Environmental Assessment as well as plans and programs for the strategic needs assessment is confirmed

in the review process of that evaluation, the main review on acceptability of plan and program for the ecological

network in relation to the goals of conservation and the integrity of the ecological network area is performed

within the procedure for obligatory strategic assessment on plan and program.

5. Content, time and manner of implementing the procedure for assessment of the acceptability to ecological network

in relation to the goals of conservation and the integrity of network area, and the manner of the public information,

the minister shall regulate by sub legal act.

Article 35

1. Procedures for deliberation of the acceptability for the area of ecological network consist of: preliminary

deliberation of the acceptability hereinafter preliminary deliberation, main deliberation of the acceptability of other

suitable alternatives - hereafter the main deliberation, the definition of major public interest and compensating

conditions.

2. Where preliminary deliberation likely significant impacts will be assessed. If there is a doubt of significant impact

the grant of the plan or project has to be rejected.

Article 36

1. Ministry implement preliminary deliberation for the area of ecological network if it is simultaneously protected

area in the categories national park, nature park, special area, natural monument, as well as for interventions for


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which the competent authority of local administration for environmental issues and spatial planning implement the

EIA procedure and the deliberation of EIA according to the special act.

2. The competent authority of Municipality responsible for the protection of nature - hereinafter competent authority

- in the territory of which is the area of ecological network, implement preliminary deliberation of the area of

ecological network, which includes the area of protected categories in the protected landscape, monument of park

architecture, as well as interventions in the area, which is not specifically protected and for which the competent

authority of the administration implements the EIA procedure and the procedure of reviewing the EIA according

to the particular act. During the screening procedure prior authority is obliged to ask the opinion of the Institute in

advance.

3. If during the preliminary deliberation procedure referred to in paragraph 1. and 2. of this Article proves that the

planned intervention has not significantly impact in the area of ecological network, Ministry respectively

administrative body issued the certificate on the acceptability of the intervention. If proven that intervention could

have significant impact in the area of ecological network, Ministry respectively administrative body shall reject the

issuance of authorization in the first phase.

4. The decision from paragraph 3. of this Article shall not be issued if the particular act of the field of environmental

protection interventions implement EIA procedure respectively the deliberation on the need for evaluation. In that

case the Ministry respectively administrative body in the decision gives opinion on the obligation to follow the

procedure for main deliberation. In the procedure which will be implemented by special act of the field of

environmental protection, this opinion is mandatory during the issuance of the decision on the need to deliberation

of the evaluation of the impact assessment of intervention on the environment.

5. Contents approximate of the act from this Article is defined in paragraph 5, Article 34 of this Law.

Article 37

1. The main deliberate shall be implementing by Ministry respectively municipality administrative body.

2. If the main deliberate proves that the planned intervention no harmful impact on the goals of preservation and

integrity of the area of ecological network, Ministry respectively administrative body issue a decision allowing the

intervention. The decision determined measures to reduce harmful effects on the area.

3. During the main deliberating the administrative authority or competent authority of the municipality is obligated to

ask the opinion prior to the Institute, while the decision from paragraph 2. of this Article, submit to the Ministry.

4. If the deliberation of acceptability of intervention in ecological network proves that the planned intervention have

harmful impact on the goals of conservation and the integrity of the area of the network, the Ministry, respectively

the administrative body, issued a decision with which reject the request for implementation of the intervention.

The body of the administration submits its decision to the Ministry.

5. When main deliberation implement in procedure EIA in accordance with the Law on Environment Protection, the

main examination will not be applied as separate proceedings under this Law. In that case the procedure of the

EIA, the study must contain all records provided for main deliberation of the acceptability for ecological network,

act in accordance with Article 34. paragraph 5. of this Law.

6. The decision from paragraph 2. and 4. of this Article shall not be issued in cases where the specific provisions of

the area of environmental protection apply to the evaluation of intervention impact on the environment. In that

case the decision on acceptability of the intervention on the environment will contain a deliberation of the

acceptability for the ecological network in accordance with this Law.

Article 38

1. If during deliberation of acceptability of intervention in the area of ecological network, its verified that planning

intervention has harmful impact on the network and there is not other suitable solution without visible impact,

however, the intervention will be undertake if there are existing imperative reasons of overriding public interest,

including that social and economic.

2. The party in the procedure, or interested party, may present his request to the Ministry for starting the procedure of

determining the major public interest and compensation conditions.

3. Whether it’s verified the essence of major public interest from paragraph 1. of this Article, the Ministry issues

decision of permitting execution of planning intervention. By this decision are defined compensation conditions

with aim of preservation of general connection of the ecological network.

4. Whether it’s not verified the essence of the major public interest, the Ministry by decision will refuse request of

the intervention executing.

5. Excepting, if in the area of ecological network lie the habitat type and/or type from the Register of important

habitats types that are specifically in danger, the major public interest because of which is permitted the planning


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intervention will be allowed only in case when the connection has to do with human health and public safety, or

placing visibly propitious conditions for environment, or other reasons of overriding public interest, for which is

issued Governmental decision by public participation. By decision are determined the compensation conditions,

conditions with aim of preservation of the ecological network connection.

6. Excepting, in cases when by special acts of the environmental protection field for intervention is executed the

procedure of environmental impact assessment, for overriding public interest and compensation conditions,

competent authorities from paragraphs 3, 4, and 5 of this Article will not issue a decision in accordance with this

Law, but gives opinions which are obligatory in the procedure of environmental impact assessments of

intervention.

7. Register from paragraph 5 of this Article, shall be issued by the Minister.

Article 39

1. For the plans and programs for which it’s not obligated the Strategic Environmental Assessment –SEA or

deliberation of the need for SEA, and implementation of which ones could have important impact on the purposes

of preservation and integrity of the area of ecological network, the procedure deliberation of acceptability for

network executes the Ministry.

2. For the plans and programs from paragraph 1. of this Article, the deliberation of acceptability for ecological

network shall be executed in the procedure of issuing conditions, measures and precursory consent in accordance

with Articles 124, 125 and 126 of this Law.

3. Deliberation of acceptability for ecological network in proportion with preservation purpose and integrity of

network area, for the plans and programs for which ones by the Law which regulates environmental protection, its

foreseen constraint of the strategic environmental assessment deliberation about necessity of strategic assessment,

shall be executed in accordance with Article 34 paragraph 4 and Article 40 of this Law.

Article 40

1. For the plans and programs from Article 39 paragraph 3. of this Law, by which ones it’s defined the obligation of

strategic environmental assessment, precursory deliberation of the area of ecological network that executes the

Ministry.

2. For the plans and programs from Article 39 paragraph 3. of this Law, for which ones by the Law on Environment

Protection it’s defined the obligation of strategic environmental assessment, precursory deliberation for the area of

ecological network which is implemented in the procedure settings of the strategic assessment processing’s

according to the provisions from the environmental protection field.

3. Whether by the precursory deliberation for the plans and programs from paragraph 1. and 2. of this Article it’s

verified that it could have visible impacts in the area of ecological network, the Ministry gives the opinion by

which defines that it’s necessary the implementation of the main deliberation for ecological network.

4. The main deliberation for the area of ecological network executes during the procedure of strategic environmental

assessment according to the special provisions of the environmental protection field. 25

Article 41

1. If the holder of intervention will not undertake the mitigation measures from Article 37 paragraph 2. and

compensation conditions from Article 38 paragraph 3. and 5. of this Law, these will be executed by the

administrative authority or by competent municipal authority at his expenses.

2. Administrative authority or the competent municipal authority by decision will define the obligations of the holder

of intervention and amount of the expenses for execution.

3. Appeal in decision from paragraph 2. of this Article will not hold over the decision execution.

Article 42

1. Nature interventions are planned on that manner to avoid damages and to arrive on lower harmful level of nature.

2. During the intervention execution the holder is obligated to operate on manner that less harmful for the nature, and

when the intervention is finished he is obligated to emplace the same nature condition or approximately the same,

which was before intervention, respectively to make nature rejuvenation.


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Article 43

Competent authorities for decision-making

1. Ministry, determines the special conditions for nature protection in the procedure of issuing permit of the

construction and for works performances as well interventions in the territory of national park, special area, nature

park, nature monument, and also outside of the borderlines of construction area for constructing important

buildings of Republic of Kosovo defined by special act..

2. Permit from paragraph 1. of this Article shall be issued only if the construction of facilities is planned with the

Spatial Plan of protected area and implement EIA procedures and acceptability for nature.

3. Competent municipality authority during the procedures of issuing permit of the location for construction and

works performances and also interventions in the territory of protected landscapes, monument of park

architectures, as well outside of the borderlines of construction area, defines special conditions of nature

protection.

Article 44

Compensations for damages caused in the nature

1. Compensation conditions are determined depending from foreseen damages or inflicted damages in the area of

ecological network and also by reversibility capacity of approximate authentic state.

2. During selecting the compensation conditions, the priority has compensation of the area which has the same

characteristics with damaged area of the ecological network and by which one is insured the connection and

integrity of ecological network.

3. Assortments of compensation conditions are as following:

3.1. Creation of the compensation area which has similar characteristics as damaged area of ecological network;

3.2. Creation of the other area of ecological network;

3.3. Payment of money amount in values of the inflicted damages to the area of ecological network, in cases

when it’s impossible realization of the compensation conditions;

3.4. If a damage cannot be compensated the intervention has to be interdicted.

4. For the important ecological area of “NATURA 2000”, compensation condition could be only creation of the area

with same or similar characteristics which ones had the damaged area of network, based on the aims of

conservation, structure and functionality of the area of ecological network.

5. Ministry determines compensation conditions. Money amount of compensation will be paid down to the Kosovo

Budget of Republic Kosovo.

Article 45

Obligations of damage causer

1. Whether nature intervention or use of nature goods, is accomplished without defined conditions of nature

protection or in contradiction with given conditions for nature protection and for that are caused damages in the

nature, the intervention holder, respectively exploiter of nature goods is obligated that without delay and by his

expenses to avert harmful consequences created by his activities.

2. If intervention holder, respectively exploiter of nature goods will not avert harmful consequences according to

paragraph 1. of this Article, the same consequences will be averted by administrative authority or competent

municipal authority in expenditures of the holder of interventions.

3. Administrative authority or competent municipal authority by decision shall determine the obligations of the

holder of nature interventions, respectively exploiter of nature goods, for expenditure compensations and raise of

expense execution.

4. Appeal on decision from paragraph 3. of this Article will not delay execution of the decision.

Article 46

Protection of ecosystems

1. Ecosystems protection will be realized through execution of biological diversity conservation measures during

usage of nature goods and space adjustment and also protection of habitat types.

2. The Institute keeps cadastre of ecosystems and reciprocally with person who manages the nature goods,

monitoring the state of special and threatened ecosystems, respectively habitat types in accordance with this Law.


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Article 47

Protection of forestry ecosystems

1. Biodiversity conservation of forestry ecosystems proceeds in accordance with this Law and special provisions.

2. Biodiversity conservation of forestry and forestry economization is based on principles of sustainable development

and persists on the species nature system and their nature regeneration.

3. Forestry economization in the meaning of paragraph 2. of this Article proceeds according to the principles of

forestry certification and according to special provisions.

4. For protected areas in which it’s not permitted economical use of nature goods, according to the condition

monitoring will be issued the program of forestry ecosystem protection, which includes protection measures and

their progress.

5. Protection program of forestry ecosystems from paragraph 4. of this Article shall be composed and implement by

Directorate which administrates with protected area, and it issued in accordance with special provisions of forestry

regulation, by content of the Ministry.

Article 48

A forestation

1. Afforesting the places that are allowed by the habitat conditions, will be done with local wood species, with

species that presents natural components, using the proper nature methods by Ministry permission.

2. Afforesting of the un-forestry surfaces will be performed if by this will not endangered the habitats of uncommon

types and un-forestry types.

3. Endangered habitat types and uncommon types are included in the economization plans with forests of certain

area, based on the charter of habitat types from Article 62 of this Law.

Article 49

Conservation of the forestry ecosystems by biological and biotechnical measures

1. For conservation of the forestry biodiversity, it’s permitted the usage of biological and biotechnical measures for

plants protection.

2. Whether it’s presented the causer which could inflict the massive economical damages, and for which doesn’t

exists the respective biological or biotechnical measures, then it could be used the chemical measures after

permission by competent authority of agricultural and forestry duties, and by consent of the Ministry.

Article 50

Biodiversity protection during forest harvesting

1. For biodiversity protection in all forestry’s shall be insured the percent remaining of oaken that reached ripeness,

old and dried, especially the cavity woods, according to the conditions of nature protection which are component

parts of the managing plans.

2. Conditions of nature protection are determined for one type of the ecological- economical forestry, or adjustable

measure and are component parts of the managing plans.

3. During execution of the forest harvesting around the large wood surfaces according to of the managing plans, shall

be leave one uncut small part that will enable conservation of the biodiversity.

4. During the forestry management for enriching the biological and landscapes diversity, utmost should be protected

the un-wood surfaces: meadows, grass plots and also forestry outskirts.

Article 51

Rocky Ecosystems

1. Rocky ecosystems present the nature values of international and national importance according to this Law.

2. By management plans of nature goods of the rocky ecosystems, are defined the eventual impacts in the rocky

ecosystems, after taking consent by the Ministry.


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Article 52

Speleological objects

1. Speleological objects are property of the Republic of Kosovo.

2. For the speleological objects the Institute will draft and keeps the speleological cadastre as a part of Register of

protected nature values.

3. For each discovered speleological object or part of it, should be informed the Ministry within deadline of fifteen

(15) days.

4. For discovered speleological object, the Ministry after taking the opinion from the Institute within thirty (30) days

since the notifying day of discovered speleological object, will issue the decision by which one will be determined

the further ongoing procedures.

5. If the Ministry will not issue a decision within deadline from paragraph 4. of this Article, it will be considered that

discovering and protection of the speleological object it’s not necessary and legal or physical person can continue

their activities in accordance by sub legal acts.

Article 53

Prohibitions in speleological objects

1. Its prohibited the harming, destroying, conveyance of exfoliations of the minerals or fossils, alive-world of

speleological objects, archaeological discovering, fossils and other findings, change of habitat conditions of the

object, above it and in directly nearest of that object.

2. For all activities in speleological object shall be taken the permission by the Ministry and especially for:

2.1. Organized visits, usage and adjustment of the speleological object and its parts; 30

2.2. Opening and/or closure of the entrance/exit of speleological object, and also for construction, renewal or

repair of any underground object;

2.3. Performances of scientific and professional investigations;

2.4. Absorption in the speleological object;

2.5. Filming or photographing in speleological objects;

2.6. Works and activities which ones impact in essential characteristics, conditions and in flora and fauna’s nature

of the speleological object or in / above its surface;

2.7. Organized visits and photographing the speleological objects is conducted with permission of administration

of the speleological object.

3. For performance of the scientific and professional investigations, to the speleological associations could be issued

the one (1) year permission.

4. The decision of permit includes also the nature protection conditions.

Article 54

Rights of the property owner where is discovered the speleological object

1. The owner or holder of the property rights, where is discovered the speleological object, will not have a courage to

endanger or to harm the speleological object, to close the entrance, to interrupt its use as it is allowed and also is

obligated to enable the approaches and visits of that object only for allowed purposes.

2. The owner or holder of the property rights, where is discovered the speleological object, has the priority on

concession partition or right on compensation for limitations to him because of exercises on speleological object

proportionally of decreased level. Compensation elevation will be determined by an agreement, in case of conflict

then the decision will be taken by the court. The compensation will be paid by the Kosovo Budget.

3. Whether for exercises of speleological object will issue a concession, the holder of concession, for the limitations

made to the owner he will pay compensation from paragraph 2 of this Article.

Article 55

Protection of wetlands

1. The wetlands including waters, in the meaning of this Law represents the nature values and for this they should be

conserved in a natural or in a near nature state.

2. For the case of wetlands protection, including waters which are not regulated by this Law, shall apply the

provisions of special acts.


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3. Any natural lake and pond, nearby the embankments larger than 0, 01 ha, natural and artificial marsh measuring

more than 0, 25 ha, spring and ravines in riparian of two (2) meters, in the meaning of this Law represent the

ecologically important area.

Article 56

Prohibitions in wetland

1. No barrier construction, reclamation, burying or modifying the springs, underground sinks, ponds, etc. shall be

permitted insofar as subsistence of nature values and conservation of biological diversity is thereby endangered.

2. The water quantity in the wetlands referred to in paragraph 1. of this Article, which is necessity for existence of

the nature values and conservation of biological diversity, will be determined by the Ministry based on drafted

studies by Institute for needful quantities of water resources in wetlands in coordination with legal entity of water

management.

3. Administrative authorities or competent municipal authorities in the scope of their activities, and also the legal and

physical person during accomplishment of their activities are obligated to ensure a biological minimum of water in

the wetlands.

Article 57

Biologic minimum

1. With purpose of protection of the survival of a healthy nature and conservation of the biological and landscapes

diversity in the water habitats, water-flow separation toward contribution of water habitat degradation, decreasing

the water quantity under biological minimum, its forbidden the drainage and water resource interruption, bogs, and

other water habitats.

2. Biological minimum is the surface water quantity which could be insured during the year, with exception of cases

when the natural water-flow is lower than determined biological minimum, which enables the conservation of

nature balance of water habitats and also the landscape characteristics of water-flow and it not decrease the state of

environmental parameters of surface waters.

3. Water quantity in the water habitats according to paragraph 2. of this Article, which is necessity for survival of

wild species and also for conservation of biological and landscapes diversity, is determined according to the

methodology issued based on provisions of Water Law.

Article 58

Prevention of the wetlands pollution

1. With conservation purpose of wetlands biological and landscapes diversity, measures and activities that should

undertake for prevention of the wetlands pollution and water discharges in the wetlands, are regulated based on

provisions of this Law or by other acts.

2. Administrative authorities or competent municipal authorities in frame of his competences and responsibilities and

also legal entity or physical person which ones develop the economical activities or others, shall made a treatment

of municipal and industrial waters, which discharges in wetlands waters.

Article 59

Grasslands conservation

For the sake of biodiversity conservation, the grasslands shall be managed through pasture and the mowing regime, as

adapted to the type of grassland, along with nature-friendly use of plant protection agents and mineral fertilizers.

Article 60

Protection of agricultural landscape

1. For the sake of conservation of biological and landscape diversity, valuable and endangered peripheral habitats:

hedges, isolated trees, and groups of trees, ponds and meadow stretches should be conserved by arable land

planning.


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2. In planning and effecting expansion of agricultural land, it is necessary to conserve to a maximum possible extent

the existing or create new habitats referred to in paragraph 1. of this Article, design their arrangement and size in

such a manner as to safeguard maximum value of the habitat with respect to biological and landscape diversity.

Article 61

Preservation of ecological network

1. Preservation of ecological network shall provide for conservation of habitat types in a favourable state or

regeneration of habitats whose favourable state was impaired.

2. Habitat type shall be in a favourable state insofar as:

2.1. Its natural range and the area it covers is stable or increasing;

2.2. There is, and shall in foreseeable future probably be maintained, a specific structure and functions necessary

for its long-term survival; 33

2.3. Favourable state of its important biological species is granted.

Article 62

1. Habitat types shall be documented on a habitat map and their state and threats thereon shall be monitored.

2. Habitat types shall be endangered insofar as their state is not favourable and/or are under threat of extinction.

3. The areas of endangered and rare habitat types shall be ecologically important areas within the meaning of this

Law.

4. Sorts of habitat types, habitat map, endangered and rare habitat types as well as safeguard measures for

conservation of habitat types shall be specified in the ordinance passed by the minister.

5. The Institute shall monitor the state of and the threats on the habitat.

Article 63

Ecologically important areas

1. Ecologically important areas are the following:

1.1. Areas of exceptional biological diversity or well conserved areas of international importance;

1.2. Areas that significantly contribute to the conservation of biological and landscape diversity in the Republic of

Kosovo;

1.3. Areas of habitat types which are endangered in global, European and national level;

1.4. Habitat types which are endangered in global, European and national level;

1.5. Habitats of species endemic to the Republic of Kosovo;

1.6. Areas that significantly contribute to genetic interrelatedness between the populations of biological species -

ecological corridors;

1.7. Migration routes of animals;

1.8. Conserved forest entities.

2. The system of mutually interrelated or contiguous ecologically important areas, which by their balanced bio

geographic distribution substantially contribute to conservation of natural balance and biological diversity

constitute the ecological network. Within the ecological network, its parts communicate via natural or artificial

ecological corridors.

3. The Government shall at the proposal of the Ministry designate the ecological network with the system of

ecologically important areas and ecological corridors.

4. The actions that may result in destruction or any other substantial or permanent damage on ecologically important

area shall not be authorized.

Article 64

1. Ecologically important area “NATURA 2000”, is that area which is important for species of wild birds and species

of wild animals and plants, their habitats and habitat types, which ones in bases of international standards are

determined by Governmental decision, in accordance with provisions of this Law. By decision are defined also the

conservation purposes of important ecological areas directions of conservation or achievement of favourable status

of wild species, their habitats and habitats types, management manner, monitoring, and also other activity

regulations that are necessarily for conservation of the important ecological area.


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2. Criteria for selection of areas “NATURA 2000” are similar as in Annex III of Habitat’s Directives and for more

suitable territories in number and length of Directive for Wild Birds.

3. Managing the ecologically important area referred to in paragraph 1 of this Article shall provide for conservation

measures and improvement of its characteristics that are of utmost importance for conservation at a favourable

status natural habitats and species of interest for EU and authorities should ensure to undertake measures to avoid

deterioration not only by human actions but by the natural phenomena too.

4. By concerning of the protection of ecologically important area “NATURA 2000” and improvement of ecological

network connection, are conserved and developed the characteristics which are more important for conservation in

favourable status of protected specie, based on international acts.

5. Forbidden are the activities and developments which could have consequences, as destroying, or any visibly and

permanently damages of the important ecological areas “NATURA 2000”.

6. In the plan, program and/or intervention which one by oneself or combined with another plan, program and/or

intervention, which could have an important impact on conservation purposes and integrity of important ecological

area from paragraph 1 of this Article, it’s implemented the deliberation of acceptability for ecological network, in

accordance with Article 34 and 41 of this Law.

Article 65

Incitement measures of biodiversity protection and conservation

1. Conservation of wild threatened species, local modified species and endangered types of habitats, shall be

supported by financial funds and compensations and also with favourable loans for safeguard operations.

2. Financial and other incentives shall also be earmarked for protection and conservation of biological and landscape

diversity, and particularly for stimulating the management that recognizes and enforces biological and landscape

diversity conservation measures not harmful to nature, as well as for granting compensations to legal and natural

persons who owing to protection of biological and landscape diversity suffer from respective constraints or

damages.

3. Financial incentive and compensation referred to in paragraph 1 and 2 of this Article shall be laid down by special

provisions.

Article 66

Conservation of genetic diversity

1. Genetic material shall be used pursuant to this Law and special acts.

2. Extracting genetic material from nature for use must not pose a threat to the survival of the ecosystem or

population of species in their habitats.

Article 67

Access to genetic sources

1. Access to genetic sources shall be permitted to everyone on equivalent terms in the manner set out by this Law and

sub legal acts.

2. The results of research and development ensuing from use of genetic material shall be utilized in an equitable

manner pursuant to special acts.

3. Nobody may become the owner of genetic material produced on basis of genetic material of wild species.

Article 68

The gene Bank

1. Gene banks shall preserve biological material, controlled and bred populations or parts of animals, fungi or plants,

especially seeds, spores, gametes and other biological material manipulated for the purposes of conservation of

species or their genetic resources. The operation terms for gene banks shall be set out by the head of the central

state administration body competent for science, subject to approval of the respective Ministries.

2. Gene banks shall be administered by legal or natural persons authorized pursuant to this Law and special acts.

3. The authorization referred to in paragraph 2 of this Article shall be granted by central state administration body

competent for science, with consent of the Ministry.


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Article 69

Inventory, exploration and state monitoring

1. The Institute has an obligation to keep an inventory of all the components of biological, geological and landscapes

diversity: biological species, habitat types geo-localities and landscape types, map endangered species and habitat

types, as well as perform their continuous and timely updating.

2. The data on the inventory shall be kept to the Ministry. The data shall be public, unless declared confidential

owing to protection of wild species or habitats.

Article 70

1. The Institute shall monitor and organize monitoring of the nature conservation status.

2. Conservation state monitoring shall involve:

2.1. Monitoring and evaluation of the state of biological species, their habitats, habitat types, ecologically

important areas, ecosystems, ecological network, and landscape types;

2.2. Monitoring the transformation of geological features: phenomena of landslides, caving, new springs, which

also entails drawing up special geological maps as a basis for further exploration and monitoring;

2.3. Monitoring of state of protected nature values. 37

3. The data on monitoring the nature conservation status shall be forwarded to the Ministry. The data shall be public,

unless proclaimed confidential owing to protection of wild species or habitats.

Article 71

Exploration in protected areas

1. Exploration of nature protected values and speleological objects it shall be necessary to secure a permit from the

Ministry. The permit shall also set out the nature protection requirements.

2. The owner or holder of the usage right of land or water surfaces shall enable the accomplishment of researches for

nature protected values to the authorized person according to paragraph 1 of this Article. For limitations the owner

do not have right on compensation, except if certifies that because of this are incurred a material damages to him.

3. A legal or physical person who pursued explorations must report the results of exploration to the Ministry and

Institute within thirty (30) days from the date of exploration completion.

4. Extraction of the wild species and their parts from Republic of Kosovo for scientific purposes, which are not

protected nature value in the meaning of this Law, could be only based on the Ministry decision.

Article 72

The Institute shall manage the nature protection information system as part of an integral information system of the

Ministry, in compliance with internationally agreed standards and commitments.

CHAPTER V

SPECIAL NATURE PROTECTION AND CONSERVATION MEASURES

Article 73

Implementing protection in protected areas

1. Spatial arrangement, method of use, planning and protection of space in a national park or nature park shall be

regulated on the basis of an expert basis elaborated by the Ministry, spatial plan of the area distinguished by

particular features.

2. Spatial plan of national park shall be issued by the Assembly.


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Article 74

1. Protective measures for protected areas shall constitute an integral part of the spatial plans, governance plans,

management plans, and other regulations passed on the basis of this Act regulating the issues of protection,

conservation, improvement and use of the national park, nature park and other protected areas.

2. The protective measures referred to in paragraph 1. of this Article relate to prohibition or restriction to intervene in

space: building infrastructure objects; building new transit, utility, power, telecommunication and traffic facilities;

excavating or filling in of land, excavating or extraction of stones, minerals, raw materials or fossils; disposal of

waste and discharging wastewaters; modifying water regimes; removal of deposited matter; economic utilization

of natural resources; land-improvement interventions; removal of hedges and other components of nature; planting

monocultures; collecting fungi and plants and parts thereof; disturbing, killing or capturing animals; hunting;

fishing; circulation; sport and recreational activities; posting the advertising or other signs; visiting and touring;

and other activities which endanger a protected natural values.

3. Drills or other military activities likely to pose a threat to natural assets shall not be authorized in protected areas.

Article 75

1. In strict nature reserve, national park, special area, nature park, protected landscape, and in the park architecture

monument are forbidden as following:

1.1. Accomplishment of activities on subsurface of waters without permission of the Ministry, respectively the

administrative authority and the competent municipal authority; 39

1.2. To anchor and/or connecting boats out the determinate places defined by spatial plan;

1.3. Recreation fishing without permit or in contradiction with given conditions by permit;

1.4. Harming and/or destroying the sign and/or information table;

1.5. Fire ignition outside dwellings and/or places, which are marked and defined for this purpose;

1.6. Filming or photographing for commercial purposes, without Ministry permission, respectively administrative

authority or the competent municipal authority;

1.7. Flying with slightly ultra flight without permission of the Ministry, respectively administrative authority

orthe competent municipal authority;

1.8. Emplace of information plates, billboards and others without permission of the Ministry, respectively

administrative authority or the competent municipal authority;

1.9. Visits and/or view without ticket, when the ticket is determinate;

1.10. Throwing garbage’s outside of certain places, foreseen for it;

1.11. Cleaning outside the determinate places, defined by directorate of area administration.

Article 76

Regulation on intern order

1. By regulation of intern order, in detail are regulated the issues and determination of protection measures, progress,

and usage of national park and nature park, protected areas and other protected nature values.

2. Regulation from paragraph 1. of this Article shall be issued bythe Ministry after taking the consent form Ministry

of Agriculture Forestry and Rural Development when the basic resources are the forests.

3. Regulations on intern order of national parks and nature parks, and also the other nature protected areas shall be

published in the “Official Gazette of Republic of Kosovo”.

Article 77

Administration of protected area

1. Protected area shall be administrated the directorates.

2. Directorates of administration of national park, nature park and nature monument of special importance shall be

founded by decision of the Ministry.

3. Directorates of administration other protected areas or other protected nature values, shall be established by

municipality assembles.

4. Protected areas declared by Government, which ones spread on national park territory or nature park, bound with

them or directly spread on their borderlines, shall be administrated by the directorate of national park or nature

park.


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Article 78

1. Directorate referred to in Article 77. of this Law shall carry out the activity of protection, maintenance and

promotion of protected area with purpose of protection and conservation of authenticity of nature, safeguarding the

undisturbed running of natural processes and sustainable use of natural resources, as well as control the

enforcement of nature protection requisites and measures in the area they administer.

2. Directorates which administrate with nature parks shall also control the method of carrying out authorized

business activities with the aims of safeguarding rational and sustainable use of natural resources.

3. Directorate may exercise other activities which are determined by establishment act when this serves for

performance of the activities from paragraph 1 and 2 of this Article.

Article 79

1. Funds for directorate works and exercise of the activities from Article 78 of this Law shall be provided from:

1.1. budget Republic of Kosovo or municipality budget;

1.2. incomes from the use of the nature protected values;

1.3. incomes from the compensation fees;

1.4. other sources laid down in this by this Law and special provisions.

Article 80

1. Control over the legality of operations and general acts of public entities in charge of administering protected areas

founded by the Assembly or Government of Republic of Kosovo performs the Ministry.

2. Control over the legality of operations and general acts of public entities in charge of administering protected areas

founded by the municipalities, shall be done by competent municipal authority of establisher.

3. Supervision over technical operations of public entities referred to in paragraph 1. and 2. of this Article shall be

exercised by the Ministry.

Article 81

Management plan for protected area

1. Management of strict natural reserve, national park, nature park, special area, and protected landscape, shall be

exercised based on the management plan.

2. Management plan shall be adopted for a period of ten (10) years.

3. Management plan shall set out the development guidelines, the method of implementing protection, use and

management of the protected area, as well as more detailed guidelines for protection and conservation of natural

values of a protected area, taking into consideration the needs of the local population.

4. Legal and physical persons exercising the activity in a protected area must adhere to the management plan.

5. Following the expiry of a period of five (5) years the implementation of the governance plan shall be analyzed

along with results achieved and as circumstances require the audit carried out in a manner and in the procedure

stipulated for the adoption thereof.

Article 82

1. The management plan for a protected area from Article 81 paragraph 1 of this Law shall include:

1.1. The aim of and policies in management the protected area, with the components:

1.1.1. Perspective, mission and objectives for a protected area;

1.1.2. Protected area administration policy.

1.2. Protected area protection guidelines with the following components:

1.2.1. State evaluation for protected area and area of influence;

1.2.2. Concept for protection of the entire area and its integral parts;

1.2.3. Monitoring the state of protected area and its values;

1.2.4. Protection and management the natural and cultural values as well as resources of the protected area;

1.2.5. Development of authorized activities in protected area;

1.2.6. Visiting the protected area - programs of visits, interpretations;

1.2.7. Connections between protected area and its neighboring areas;


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1.2.8. Impact on environment and socio-economic complex.

1.3. Implementation of the plan, with components:

1.3.1. Guidelines for integrating sectoral plans;

1.3.2. Activities in implementing the plan;

1.3.3. Control of implementation of the plan;

1.3.4. Costs of implementation of the plan;

1.3.5. Method and sources of financing of plan;

1.3.6. Institutional structure and bodies responsible for management of the protected area.

2. Management plan shall be implemented by an annual programme for protection, conservation, use and promotion

of the protected area.

3. The directorate must provide public access to the management plan draft proposal, pursuant to provisions of

Article 151 of this Law.

Article 83

Speleological objects

1. Where a speleological object is located in a protected area or represents a specially protected area, it shall be

managed by a directorate pursuant to provision of this Law.

2. Where a speleological object is located outside the protected area or is not provided special protection,

administering the speleological object for purposes of visiting and touring may be conferred to a legal or natural

person pursuant to a decision on granting concession.

Article 84

Landscape protection

In the activities of planning and organizing the area and in planning and using natural resources it shall be necessary to

provide for conservation of important and characteristic landscape features as well as the maintenance of biological,

geological and cultural values featuring its significance and aesthetic perception.

Article 85

1. Landscapes shall according to their significant and characteristic features be classified in landscape types

reflecting the diversity of natural and cultural heritage.

2. Significant and characteristic landscape features shall within the meaning of this Act mean parts of nature

characteristic for particular landscape types or artificial landscape components having natural, historical, cultural,

scientific or aesthetic value.

3. Landscape types and especially the valuable landscapes, as protected nature values, based on proposal of the

Institute are determined by the Ministry with public participation, municipal competent authority, and legal and

natural persons that have interest on determination of the landscape values.

4. Monitoring of the state of significant and characteristic landscape features shall be carried out by municipalities in

cooperation with the Institute and other authorized legal persons.

Article 86

Protection and conservation of wild species

1. Wild species represents:

1.1. Plants exemplar that wild grown, mushrooms and other animals that lives free and also their cultivated

exemplars;

1.2. Their evolution forms - eggs, seeds, fruits, mycelium’s;

1.3. Parts and derivates thereof;

1.4. Gained produce from them which easily can be distinguished.

2. Without just cause, it shall be forbidden to disturb, capture, injure wild animals, reduce population size of wild

specie - killing, eliminating, destroy or damage its habitat or modify its living conditions to the extent in which the

specie would become endangered. Just cause shall be established by the Ministry.

3. It shall be forbidden to exterminate autochthonous wild specie.


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4. Favourable status of wild specie shall be provided by protection of their habitats and safeguard measures for

individual specie pursuant to the provisions of this Law.

5. The state of wild specie shall be favourable insofar as its range and population size shall be within the limits of

natural fluctuations and is not indicating a long-term reduction trend and if the habitats are sufficiently spacious as

to insure long-term population conservation.

Article 87

1. At undertaking interventions in nature and use of natural resources impinging upon the habitats of wild specie, the

measures, methods and technical means that contribute to the conservation of favourable status of species shall be

applied, or that which disturb wild specie or habitats of the populations thereof to the minimum extent, so that

interventions in habitats of animal species may be limited during the period coinciding with their vital periods of

life.

2. Preservation of wild specie and their habitats referred to in paragraph 1. of this Article shall constitute an integral

part of measures and nature protection requirements referred of Article 124 of this Law.

Article 88

1. Public roads, other roads or constructions crossing the known migration routes of wild animals shall be built in

such a manner as to provide for safe crossing for wild animals at appropriate spatial distances.

2. Constructed crossings ensuring undisturbed and safe crossing by wild animals shall enjoy protection as natural

values.

3. Protective measures, persons eligible to provide protection and the method of maintaining the crossing referred to

in paragraph 2 of this Article shall be prescribed by sub legal act by the minister with the approval of the body

competent for transport.

Article 89

1. Towers and technical components of medium- voltage transmission lines shall be constructed in such a manner as

to protect birds from electric shock.

2. Within five (5) years from the entry into force of this Law, measures necessary for protection of birds from electric

shock shall be carried out on towers and technical components endangering birds to a high degree and built prior

to the entry into force of this Law.

3. The provisions of paragraph 1 and 2 of this Article shall not apply to overhead railway wires.

Article 90

Collection of the plants, mushrooms and their parts, catching or killing animals

1. For collecting plants, fungi and parts thereof, as well as capturing or killing animals belonging to a category of

protected wild specie referred to in Article 17 of this Law, for the purpose of processing, trade and other business,

if not set out otherwise by the present or another law, it shall be necessary to procure a permit from the Ministry.

The permit shall be issued in the form of a decision.

2. Operations referred to in paragraph 1 of this Article may be performed with consent of owner or holder of the right

on natural resources.

Article 91

Introduction of wild species

1. It shall be forbidden to introduce alohton wild species in the nature of territory of Republic of Kosovo and into

ecosystems which they do not populate naturally.

2. It shall be prohibited to introduce alohton fishes into natural and near-natural waters as well as to transfer such

species from fish farms into other wetland habitats.

3. By way of derogation, introduction referred to in paragraph 1 of this Article shall be authorized if scientifically

and technically founded and acceptable from the standpoint of nature protection and sustainable management.


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4. The Ministry shall issue a permit referred to in paragraph 3 of this Article on grounds of a study on the assessment

of the risk of introducing into nature, subject to prior approval from the minister competent for Agriculture,

Forestry and Rural Development.

5. The costs of producing the study and of enforcing the procedure of assessing the risk resulting from introduction

into nature shall be born by a legal or natural person who filed the request for permit issuance.

6. Breeding the alien wild specie in controlled environment which impede the inhabiting of natural environment shall

not be deemed as introduction.

7. Implementation manner of dangerousness assessment and drafting studies of the dangerousness assessment of the

introduction in nature, re-introduction and breeding, the issuing procedure of permit and also the manner of taking

the public opinion, minister shall regulates by sub legal act.

Article 92

Incidental introduction

Should incidental introduction of alohton specie into the territory of the Republic of Kosovo occur, or if there is a

grounded suspicion that such introduction is to occur, the Minister shall by an order prescribe the measures for

proceeding with the scope of destroying or preventing further propagation of introduced alohton species.

Article 93

Reintroduction of wild species

1. Reintroduction of vanished wild specie into natural environment on the territory of the Republic of Kosovo may

be pursued with permission from the Ministry granted on basis of a study on assessment of the risk resulting from

reintroduction in nature prior approval from the Ministry of Agriculture, Forestry and Rural Development.

2. The costs for producing the study and conducting the procedure of assessing the impact of reintroduction on nature

shall be borne by the legal or natural person who filed the request for the issuing of the permit.

Article 94

Method of using protected wild species

1. Using protected wild specie shall be authorized in a manner and in a quantity ensuring that their population at

national or at local level is not endangered.

2. The Minister and the minister competent for agriculture, forestry and water management, each one within his/her

competence, shall lay down the protective measures for protected wild specie which include:

2.1. Seasonal prohibition on use and other restrictions on the use of populations;

2.2. Temporary or local prohibition on use for the sake of regenerating populations to a satisfactory level;

2.3. Regulating trade, holding for commercial purposes and transport of live and dead specimens.

3. The Ministry shall keep records of the method and intensity of use of protected wild specie in order to establish

and monitor the state of populations. Where established that owing to use, the protected wild species is under

threat, the Minister may issue an order prohibiting or restricting the use of such species.

Article 95

1. The use of any devices for capturing and killing wild animal specie as well as the use of agents that may induce

local vanishing or severe disturbance of populations of such species, and especially:

1.1. Traps;

1.2. Crossbows;

1.3. Electrical devices capable of killing or stunning;

1.4. Artificial light sources;

1.5. Mirrors and other dazzling devices;

1.6. Sound transmitters: tape recorders, cassette recorders, emitting sounds of call, pain or response;

1.7. Devices for illuminating the targets;

1.8. Sighting devices for night shooting comprising an electronic image magnifier or image converter;

1.9. Explosives;

1.10. Poisons or dazing baits;

1.11. Semiautomatic or automatic weapons with a magazine capable of holding more than two (2) cartridge;


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1.12. Aircrafts;

1.13. Moving motor vehicles;

1.14. Other means set out in international treaties.

Article 96

Strictly protected wild specie

1. Some wild species may be strictly protected in all territory of Republic of Kosovo or in any part of it.

2. Ministry by management plan and action plan determines the protection measures of wild species that are under strict

protection and measures for their habitats protection.

3. Whether any area it is temporary habitat of the wild species under strict protection whereas its protection may not be

safeguarded otherwise, the minister may issue a decision, after taking consent by the Ministry of Agriculture, Forestry

and Rural Development, to announce that territory or any part of it as temporary under protection, but not for a period

exceeding six (6) months.

Article 97

1. It shall be forbidden to pick, collect, destroy, cut or uproot wild growing strictly protected plants and mushrooms.

2. It shall be forbidden to hold and trade of the wild growing strictly protected plants and mushrooms.

3. For the animals that are under strict protection which freely lives in the nature, it’s forbidden:

3.1. To take them from the nature;

3.2. To catch and/or kill them occasionally;

3.3. To harm and/or destroy consciously the development forms, nests, foxholes and also their multiplication and

recessional areas;

3.4. Consciously disturbing them, especially during their multiplication period, petite rising, migration and

wintering, if the disturbance is important in proportion with their protection purposes;

3.5. Consciously to destroy and/or taking eggs from the nature or keeping the empty eggs;

3.6. To harm and/or destroy their multiplication and recessional areas;

3.7. Hidden them, keep them, cultivating them, trading with them, importing, exporting, and alienating them and

in any kind of manner to digestibly them and preparation.

4. Protection shall also extend to wild growing plants and fungi, as well as wild animals found in a national park,

strict reserve, and of the special areas, when it is about plants and mushrooms that sprouts by themselves, and also

for wild animals because of which the area is announced as protected, and also thee underground animals even

they are not protected as an individual species, if by protection act of that area for one particular specie its not

defined differently.

5. For unconsciously catching them and /or killing animals which are under strict protection, shall be informed the

Ministry. The ministry keeps evidences for catching /or unconsciously killing animals under strict protection and

decide the protection measures with aim of preventing negative impacts on some species.

Article 98

1. Exception from provisions of the Article 97 of this Law, in case of un-existing of other suitable possibilities and in

case when exception doesn’t harm the existence of certain population, the Ministry may allow the activities with

purpose of:

1.1. Protection of plants, mushrooms and animals, and also protection of the nature habitats;

1.2. Preventing severe damages on crops, livestock, forests, fishponds, water and other forms of property;

1.3. Protection of public health and safety, air safety or other overriding public interests;

1.4. Research and education, repopulation, reintroduction and necessary reproduction.

2. The Ministry may authorize, on a selective basis and to a limited extent, taking, holding and other reasonable use

of certain strictly protected wild specie in small quantities under strict control in order to maintain favourable

status of the species.

Article 99

1. Some exemplar of the wild animal species strictly protected, may be kept in captivity, bred, sold and purchased, on

the basis of authorization from the Ministry with conditions as following:


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1.1. Such exemplars, according to the law are imported in the Republic of Kosovo and have their owner;

1.2. Such exemplars legally are earned in the Republic of Kosovo;

1.3. Such exemplars have been acquired legally prior to the granting of legal protection to the specie by law;

1.4. It is the case from Article 98 of this Law.

2. By way of derogation from Article 97 of this Law, certain strictly protected animals, fungi and plants may be

placed on the market or exported and imported for trade purposes with the authorisation of the Ministry, and

exported and imported for scientific purposes, for exchange, exhibiting and similar on the basis of authorisation

granted by the Ministry.

3. The finder of the animal is obligated to inform the nearest veterinary institution and Ministry for:

3.1. Discovery of dead exemplar of the strictly protected animal species;

3.2. Exemplars of the strictly protected wild animal specie, which are diseased or injured, to such an extent that

they are not capable of surviving in nature by themselves.

4. Veterinary organization is obligated to determine the cause of death of the wild animals strictly protected found

dead. Costs of the procedure shall be borne by the Ministry.

5. The Ministry may at request of the finder of a diseased or injured animal allow him, insofar as he has got adequate

knowledge and conditions, to keep such an animal in captivity for healing and recovery purposes. Justified costs

incurred by treatment of the animal shall be borne by the Ministry.

6. The Ministry may authorize derogations from the prohibition on keeping in captivity and marketing of strictly

protected wild specie, where such are confiscated or seized specimens, and if not contrary to other regulations and

international treaties.

7. Each exemplar of the wild animals strictly protected from paragraph 6 of this Article must be marked in certain

manner.

8. Permissions from paragraph 1, 2, 5, and 6 of this Article, shall be issued by decision.

Article 100

1. For exploring strictly protected specie it shall be necessary to secure a permit in the manner set out in this Law.

2. Exploration results shall be forwarded to the Ministry and the Institute within thirty days following completion of

the exploration.

Article 101

Tran boundary trade in protected wild specie

1. The Ministry issues a authorisation for taking out, introduction, export or import and also certification of re-

exporting of the wild species, their parts and derivations that are protected and in accordance of this Law.

2. The auth orisation and certification from paragraph 1 of this Article shall be issued only if they don’t endanger the

wild species population, mushrooms or plants for which ones it’s issued.

3. The decision and certification from paragraph 1 of this Article should be taken also when it is about crossbred

exemplar, to which’s one or both parents belongs to the wild specie that is protected.

4. Species for which ones are issued decision or certification from paragraph 1 of this Article, procedures and

conditions of issuing the decision or certification, content and delivery manner of request, content and delivery

manner of import notification, general and special limitations during import, marking manner of the animals or

delivery, attendance manner of confiscated exemplars, competent authorities for implementation and supervision,

manner of supervising execution, evidence keeping, drafting the report and other necessary conditions for progress

of the transboundary trade of the protected wild species; in accordance with international memorandum, the

minister regulates by special act.

5. During the activities from paragraph 1 of this Article and/or during transportation of alive animal, for which ones

is regulated by the act from paragraph 4 of this Article, should transport and attendance in the manner that the

possibility of injure, health endanger, or un-human activity to be in the less possible level, in accordance by

special acts.

6. Exceptions from paragraph 1. of this Article for the wild species, for which ones it’s defined by the sub legal act

from paragraph 4 of this Article, it’s not necessary the permit for importing, but should be notified the competent

authority.

7. Decisions, certifications and other acts, that are issued based on this Law with purpose of inter-boundary traffic of

the wild protected species, could be used only for exemplars of which they are given for.

8. Transit passage of protected species through territory of Republic of Kosovo, proceeds based on the available act

for export or re-export which has issued by competent authority of the exporting country or the re-exportation

country's.


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Article 102

1. Import, export and transit passage and introduction or issuance of protected species, their parts and derivatives

thereof, must notify the entity in the customs service, in accordance with the provisions of this law and provisions

for its implementation and enforcement of relevant provisions for customs.

2. Veterinary control and control of consignments from paragraph 1. of this Article for which is competent the

Border Veterinary Inspectorate, carried out in accordance with legislation in to force.

3. Protected wild species, their parts or derivatives can be imported, exported, transit pass, introduce or to issue only

through the border crossings, which are defined in the border veterinarian and phyto-sanitary inspectors.

4. Customs service has the obligation during the import, export or re- export from Article 101 paragraph 1. of this

Law to control the permits depending on the protected of the relevant set of wild species and registered / certified

border crossing in the column provided the form for permission. In case of export a copy of the form marked with

the relevant permission "for the country of export”, the customs service has proven Ministry sends a copy of form

to permit the mark “for customs" for their own records In the case of import, customs service shall certify the

original and first copy of the permit for the applicant, and restitute the first copy for the applicant to the importer,

and forward the original copy of the permit to the Ministry.

Article 103

1. Insofar as at import, export, or transit, the customs duty is not able to establish whether the animals, fungi or plant

belong to specie the import or export of which is subject to restrictions or prohibitions, it may proceed as follows:

1.1. At the expense of a person submitting customs declaration or consignee or consignor of goods, store those

itself or deposit it with somebody else pending ascertaining whether those belong to specie the export, import

or transit of which is subject to restrictions;

1.2. Leave those to a person submitting customs declaration or consignee or consignor pending finalization of the

procedure, but banning the use thereof.

2. Customs service may request a person submitting the customs declaration or consignee or consignor to deliver a

certificate that the specie in question is not placed under protection.

3. The specie that customs service ascertains as being imported, exported or transited without statutory permits or

other documents, shall be confiscated pending finalization of the procedure. A certificate shall be issued on

confiscated specie. Confiscated specie shall be deposited with an authorized legal or natural person indicated on

the list of the Ministry and may be deposited with a person submitting the customs declaration or consignee or

consignor banning the use thereof. Insofar as the prescribed permit or other documents requested are not delivered

within a month following confiscation or within an extended deadline that may not exceed two (2) months,

customs service shall issue a decision on seizure.

4. If during customs examination it’s verified that it is about species for which is not issued a permit for importation

or exportation, they will be confiscated and will issue a certification for that.

5. In cases from paragraph 3 and 4 of this Article is obligated that customs service in the short term to announce the

Ministry which decides maintenances of the temporary or permanent of confiscated species by following the

provisions of special acts and international agreements.

6. When species are sequestration or confiscated and this caused expenses - cost of food, accommodation, transport,

restitution must be paid for by a person submitting the customs declaration or consignee or consignor. Insofar as a

person submitting a customs declaration or a consignee is not identified, the costs must be paid for by the

consignor, carrier or buyer.

Article 104

Keeping, breeding and trade in wild specie

1. It shall be prohibited to keep the animals of wild specie in captivity in unsuitable conditions and without

appropriate care.

2. Legal or physical persons that become owners of protected animals with the purpose of keeping them in captivity

shall have the obligation to notify the Ministry thereof within thirty (30) days following the entitlement to

ownership on such animals.

3. Animals referred to in paragraph 2 of this Article which enjoy the permanent and unchanged protection shall be

marked in determined manner.

4. The conditions for keeping, the manner of marking and data keeping from paragraph 2 of this Article, Minister

shall be determined by special act.


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Article 105

1. Legal or physical person who intends to keep on captivity species of wild animals or autochthon or alohton

protected under the Law, with the scope of displaying those to general public in zoos, aquariums, terrarium or

similar spaces, must secure authorisation from the Ministry. The authorisation shall be issued in the form of a

decision.

2. The authorisation referred to in paragraph 1. of this Article shall be issued if the applicant that fulfils the

conditions as they are determined and animals will be exhibited in environments that are nearly to the natural

conditions of their habitat and not deform knowledge of the species biology.

Article 106

1. Legal or physical persons who intend to breed wild autochthon or alohton species must obtain authorisation

pursuant to this Law or the legislation in force.

2. Should ecological risk be ascertained in the procedure of granting authorisation the Ministry may request the

applicant to draft a preliminary risk assessment survey prior to granting the permit in order to control negative

impacts to local ecological systems and autochthon species.

3. The Ministry may prescribe permanent and irreplaceable marking for animals referred to in paragraph 1 of this

Article.

4. The owner of the animal referred to in paragraph 1 of this Article must ensure that the animal will not escape into

nature and shall be responsible for the damage the animal might cause.

Article 107

1. Physical and legal person, which trades with protected wild autochthon or alohton species, for which is

specifically determined by the act from paragraph 4. of this Article, are obligated to insure certification from the

Ministry. In case of refusing the request, issue a decision.

2. Trade can be done only with the notified breeding exemplars or exemplars that have document of origin, with

condition that provided exemplars or shipment is marked by the rules.

3. In trading with protected animals, the owner or seller is obliged to:

3.1. Provide suitable conditions for keeping animals in accordance with this Law and other acts;

3.2. Keep evidence for trade with animals;

3.3. Gives the certificate to the new owner for the animal origin.

4. The conditions for trading and issuance of certification for commerce, content of request and certification, keeping

of records for commerce and supervision, the minister shall regulate with act from Article 101 paragraph 4. of this

Law.

5. Certificates and other acts issued under this law for the purpose of trading with protected species can be used only

for exemplars for which are given.

Article 108

1. Exemplars of the protected wild species which in illegal manner held in captivity, breed or traded illegally shall be

seized by a competent inspector issuing a certificate of receipt.

2. Seized exemplars from paragraph 1. of this Article shall be taken care of temporarily or permanently with

authorized physical or legal persons at the expense of the Ministry.

Article 109

1. The provisions and conditions defined by the authorisations, certificates and other acts which the Ministry issues

regarding the introduction, issue, export, import, re-export, trading and other actions with wild species, their parts

and derivatives, protected under this law and international environmental acts, must be fulfilled during lasting time

specified in the permit, certification and other acts.

2. The authorization holder, certificate or other act referred to in paragraph 1, of this Article is obliged to notify the

Ministry without delay for all changes and the new circumstances which affect or may affect the validity term of

the permit, especially if it comes to:

2.1. Not fulfilling the conditions under which the permit is issued, certification or other act;


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2.2. Death of the exemplar of animal specie and/or plant;

2.3. Destruction of exemplar of the animal specie and / or plant;

2.4. Departure of exemplar of the animal specie;

2.5. Other circumstances because of which the contents of the permit, certificate or other act, differs from the

factual state.

3. Fulfillment of conditions specified in authorizations, certification or other act referred to in paragraph 1. of this

Article, as well as changes and other circumstances of the paragraph 2 of this Article, the Ministry verifies all the

time the validity of license or certification.

Article 110

Protection of minerals, fossils and their exfoliations

1. Minerals, fossils and exfoliations which are promulgated as protected nature values shall be kept in finding site

thereof, while the finding site shall be beneficiary of protection as nature protected value.

2. If minerals, fossils and exfoliations, can not be protected in their finding site, they shall be protected by physical or

legal person who shall provide for their technical protection and render possible their use for educational purposes,

museum activities, science and nature protection.

3. Conditions under which the minerals fossils and exfoliations must be deposited for protection and conservation to

the physical or legal person shall be defined by the Ministry.

4. The conditions for exploration of the finding sites, method of protection of minerals, fossils and exfoliations at the

finding site, the method of protecting the finding site, as well as the content, method and conditions for technical

safeguarding of minerals, fossils and exfoliations kept outside their finding site shall be set out by the Ministry

subject to prior opinion of the central state administration body competent for science.

Article 111

1. It shall be prohibited to take from the natural environment the minerals, fossils and exfoliations that are

promulgated as protected nature values or they are found in the protected finding site.

2. By way of derogation the Ministry may authorize taking from the natural environment the minerals, fossils and

exfoliations designated as protected natural assets, or situated in a protected finding site for the purpose of

scientific and technical research, education, displaying at exhibitions.

Article 112

1. The finder must notify the Ministry of the discovery of minerals, fossils and exfoliations which could represent a

protected natural asset referred to in Article 111 of this Law within eight (8) days from the date of discovery and

undertake necessary protective measures against destruction, damage or theft.

2. The Ministry shall take decisions on exploration of finding sites of minerals, fossils and exfoliations not later than

thirty (30) days from the date of notification of the finding site. In the decision concerning exploration determines

nature protection measures.

3. Unless provided for otherwise by the Ministry, the finder may not carry out any activities at the finding site that

could result in destruction or damaging of the finding site, apart from protective measures.

4. The owner or holder of the right to land where minerals, fossils and exfoliations have been found must render

possible exploration of the finding site pursuant to the decision issued by the Ministry.

5. Exploration of the finding site shall be carried out by a physical or legal person on basis of the Ministry permit.

6. A legal or physical person must within thirty (30) days from the date of exploration pursued forward to the

Ministry a report on exploration pursued containing the data concerning the state of a finding site, potential threat

to the finding site as well as on the required additional explorations and additional safeguard measures.

Article 113

Legal restrictions on traffic and the right of first buyer

1. The owner of a real estate which intended to sell real estate within the national park, nature park, strict reserve,

special area, must first offer it firstly to the Republic of Kosovo, then to the municipality in whose territory is

present the real estate, while the owner of real estate in other protected areas which aims to sell the real estate, is


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obliged to provide firstly to the municipality in territory of which is real estate and later on to the Republic of

Kosovo.

2. The owner of real estate within the protected area must quote the price and state terms of sale in the offer.

3. Republic of Kosovo or the municipalities must declare themselves concerning the offer within sixty (60) days

from the date of receipt of a written offer.

4. Should the offer not be accepted within the stipulated deadline, the owner may sell the real estate on equivalent or

favourable terms compared to those contained in the offer.

5. Should the owner sell the real estate in the protected area failing to proceed pursuant to paragraph 1. and 4. of this

Article, the Republic of Kosovo, or municipalities shall be entitled to request cancellation of the sale contract by

bringing legal action against the seller and buyer within ninety (90) days from the date the contract came to their

knowledge, but not later than five (5) years from the date of concluding the sales contract.

6. The Republic of Kosovo may that in deadline from paragraph 5. of this Article request ascertaining the nullity of

the sales contract for real estate situated in a protected area and also in case when such a contract was concluded in

the form of donation or when the price level or terms of sale are fictitious, the actual price and contract terms

being more favourable for the buyer.

Article 114

1. The ownership in real estate of the protected areas may be acquired according to the conditions determined by this

Law and other laws.

2. Foreign legal or physical persons may not acquire the entitlement to ownership on a real estate in strict nature

reserve, national park, special area, nature park, monument of nature, protected landscape and park architecture

monument, unless otherwise provided for in the international treaty.

Article 115

Expropriation and limitation of ownership rights

1. Where necessary for the sake of implementing protection and conservation of protected natural assets, it shall be

deemed that there is the interest of the Republic of Kosovo for expropriation or limitation of ownership and other

property rights on real estates in a protected area.

2. The procedure of expropriation on real estate shall be implemented pursuant to the specifically law.

Article 116

1. The Administrative authority or the competent municipal authority is obliged at the request of the owner of the

real estate in a protected area so designated by the Assembly or the Government, purchase at marked price the real

estate or offer another real estate of equivalent value which owing to restrictions and prohibitions referred to in

this Law may not be utilized for the activity it was utilised for prior to awarding protection or may be utilized only

to a minor extent.

2. The Administrative authority or the competent municipal authority is obliged to execute at the owner request of

the real estate in the protected area which is declared as protected under this Law, by the market price the real

estate to buy or provide other real estate with the same values, the which due to the limitations and stops or under

this Law is not possible to be used for activities which are conducted before protection, or can be used in a

negligible extent.

3. The owner of real estate has the right to offer of real estate under the terms of this Article in a period of two (2)

years from the date of entry into force of the act which has caused restrictions and stops in real estate.

Article 117

Compensation of damage

1. Legal or natural person who, due to restrictions or stops by this Law or under the protection Law, have

significantly worsened conditions for the acquisition of existing incomes and can not be offset by allowing the

activity within the protection regime in the protected area, is entitled to compensation for the restrictions that they

have undergone.


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2. Compensation under paragraph 1. of this Article can be paid if the competent state authority previously verifies

that the physical or legal person who is affected / influenced by the restrictions applies determined conditions of

the nature protection.

3. The level of compensation shall be established by agreement, and in case of dispute concerning the level of

compensation, the matter shall be referred to court.

4. Compensation under paragraph 1. of this Article shall be paid form the Budget of Republic Kosovo.

Article 118

Republic of Kosovo shall not be liable for damages inflicted by wild species, except in cases set out by law.

Article 119

1. Physical or legal person to whom strictly protected animal species may inflict economic damages or any other

damage, hereinafter: -the damaged person- must duly and at his own expense undertake all authorized procedures

and interventions in order to prevent the occurrence of damage.

2. Procedure or undertaking within the meaning of paragraph 1 of this Article shall mean efficient fencing off,

targeted safeguarding of resources and putting to flight the strictly protected animal specie.

Article 120

1. A person who suffered damages shall have the right to indemnity in the amount of actual damage inflicted by the

animals of strictly protected specie if he/she has undertaken statutory procedures and interventions.

2. A person who suffered damages must notify the Ministry or the expert authorized by the Minister of the

occurrence of damage without delay, and no later than eight (8) days from the date of occurrence of damage,

respectively no later than three (3) days of occurrence of damage which is caused by big beast strictly protected on

domestic animals.

3. A person who suffered damages and the expert shall ascertain at the place of occurrence of damage the facts

essential for establishing the occurrence of damage, the cause and level of damage, and the expert shall write up

minutes thereon.

4. Should a person who suffered damages duly notify the damage, and the expert does not attend to examination

within three (3) days from the receipt of notification, a person who suffered damages may remit damage claim to

the Ministry within an additional period of fifteen (15) days.

5. Procedures and interventions referred to in Article 119 of this Law and the operation methods and procedures of

the expert in the procedure of establishing damage, as well as the amount of indemnity - tariff or criteria for

evaluating damage shall be prescribed by ordinance by the Minister.

6. In the case of dispute concerning the compensation of indemnity, the matter shall be referred to the competent

court.

7. A register of experts shall be published in web page of the Ministry.

Article 121

1. If legal or physical person starts the activity or works in the area which is a natural habitat of strictly protected

wild-specie and which it already inhabits, and there is a predictable risk of damage from the strictly protected wild

specie, the amount of indemnity shall be reduced for predictable damage.

2. The predictable risk referred to in paragraph 1 of this Article shall be established by the Ministry by virtue of the

expert opinion of the administrative authority or the authorized expert.

Article 122

1. Legal and natural persons must indemnify for the damage incurred by violations of this Law.

2. The amount of indemnity for damage inflicted by unauthorized action with regard to particular exemplars of the

strictly protected specie shall be established pursuant to the indemnity tariff to be passed by the minister.

3. The amount of indemnity incurred by unauthorized activity with regard to other protected natural assets shall be

established by virtue of the expert evaluation of a person authorized by the Ministry.


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4. The funds arising from indemnity referred to in paragraph 1, 2 and 3 of this Article shall constitute revenue of the

Kosovo Budget.

CHAPTER VI

USAGE OF NATURE GOODS

Article 123

1. Use of natural resources shall be pursued on the basis of economizing and planning documents taking into account

the conservation of biological and landscape diversity.

2. It shall be prohibited to use natural resources in a manner that results in:

2.1. Degradation of the soil and the loss of its natural fertility;

2.2. Degradation of the surface or underground geological, hydrogeological and geomorphologic features;

2.3. Impoverishing the natural flora, fungi and fauna;

2.4. Reduction of biological and landscape diversity;

2.5. Pollution or contamination of water and endangering its exploitability.

Article 124

1. Managing plans for natural resources include nature protection measures and requirements.

2. Nature protection measures referred to in paragraph 1 of this Article involve the following:

2.1. Review of the protected and registered natural values, ecologically important areas and particularly valuable

landscapes with their features and state assessment;

2.2. Review of the areas where existence of natural values is expected, as well as recommendations for

proceeding on the occasion of discovering such assets or designating their protection;

2.3. Protective measures and development trends for protected natural assets, ecologically important areas and

particularly valuable landscapes;

2.4. Measures for conservation of biological diversity, particularly the measures for conservation of habitat types;

2.5. Cartographic view of habitat types.

3. Prior to drawing up management plans concerning natural resources, the owners and holders of rights must secure

from the Ministry the nature protection requirements. The Ministry must issue nature protection requirements

within sixty (60) days from the date of filing due request for issuing the terms. Should the Ministry not issue

nature protection requirements within the specified period, it shall be deemed that it agrees with the proposed

management plan.

Article 125

1. In procedure of producing spatial plan for the area with specific characteristics and spatial plan of the

municipalities, the Ministry shall issue to body responsible for drafting the spatial plan requirements for the

preparation of spatial plan: data, planning directions, documents provided, the conditions and measures for nature

protection, directions of conserving the ecological system areas with cartographic presentation.

2. In procedure of drafting regulatory urban plans and detailed regulatory plans of the area of national park and

nature park; the Ministry appoints to the plan holder to design requirements for the preparation of spatial plan:

data, planning directions, documents provided, conditions and measures for the nature protection, conserving

directions of the ecological system areas with cartographic presentation.

3. Documents of spatial regulation in paragraph 1. of this Article which include protected areas, implementation of

which could have significant impact on the preservation goals of integrity of the area of ecological network, will

be issued with prior approval of the Ministry.

Article 126

Managing plans with nature goods included on the protected areas and implementation of which could have significant

impact on the conservation goals and in the whole area of ecological system, issued with prior approval of the Ministry.


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Article 127

1. Should the method and volume of use the nature goods, directly threatens the favourable status of any particular or

habitat type, the minister by order restrict or temporarily suspend the use while threat prevails.

2. For restrictions they are subject to, by virtue of the order referred to in paragraph 1 of this Article, the owners and

holders of the right shall be entitled to remuneration in proportion with reduced income.

3. The amount of compensation shall be established by agreement, while in case of dispute concerning the amount of

compensation, the matter shall be referred to court. Compensation shall be the liability of the Kosovo Budget.

4. The owner and holder of the right who does not proceed in compliance with the order referred to in paragraph 1 of

this Article shall be liable for damage to the species or habitat type occurring after adoption of the order.

Article 128

Interventions in protected area

1. In the protected area are permitted those interventions and actions which do not harm and not change their

characteristics because of which it is declared as protected.

2. Interventions and actions in the protected area which pursuant to special provision do not require the securing of a

location permit, respectively implementation of the evaluation procedure is acceptable as an outdoor event permit

shall be granted.

3. Authorisation for interventions and activities in the strict reserve, special areas, national park, nature park,

monument of nature, shall be issued by the Ministry.

4. Authorisation for works and interventions in the landscape and protected monument of architecture of the parks,

issues administrative authority or competent municipal authority.

5. Authorisation shall be issued by the decision. Appeals on decision of the administrative authority or competent

municipal authority may be submitted to the Ministry.

6. Interventions that are conducted based on management plans in forestry, hunting and water economy, fishery and

mining’s, not need the prior permission in cases where management plans contain the conditions of nature

protection.

7. Should management plans referred to in paragraph 6 of this Article not include nature protection requirements, the

authorisation shall be issued by the Ministry.

8. Authorisation from paragraph 3, 4 and 7 of this Article shall also include the nature protection requirements.

Article 129

1. The nature protected areas may be visited and toured in a manner that will not endanger their values and not

obstruct the implementation of protection.

2. Visiting and touring the protected area and other protected natural values shall be permitted to everyone under

equivalent terms in compliance with this Law and regulations passed on the basis of this Law.

3. Should visiting and touring of protected areas cause danger for their conservation, visiting and touring the

protected area or parts thereof may be banned or restricted.

Article 130

1. The owner or holder of the right on protected area shall be bound to permit access to a particular natural asset

provided that is necessary with regard to the scope of protection and significance of such a natural asset necessary

for satisfying scientific, educational, aesthetic, cultural and recreational needs, in a manner and on conditions

established by the decision of the minister.

2. The decision referred to in paragraph 1 of this Article shall stipulate compensation to the owner or holder of the

right for potential restrictions he is subjected to.

Article 131

1. Should use and exploitation of a protected area for particular designated purposes be restricted or prohibited, the

owner or holder of the right of the protected area has right on compensation for the restrictions which have been

made.

2. The amount of compensation shall be determined by agreement. In case of conflict, the court decides.


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3. Compensation will be liability of the state and municipal budget.

Article 132

1. Care for the nature value in the protected area may be conferred to the owner or holder of the right on real estate

through concluding a contract regarding which regulates the mutual rights and liabilities of the authority which

manages the nature protected values and the owner or holder of the right on real estate. Should the natural asset be

a forest, concluding the agreement shall require securing prior approval from the Ministry of Agriculture Forestry

and Rural Development.

2. The contract referred to in paragraph 1 of this Article shall establish:

2.1. Natural value which is the object of care contracted;

2.2. Safeguard measures which the owner or holder of the right must undertake during contract period;

2.3. The amount of compensation for enforcing statutory and contractually established safeguard measures;

2.4. Other mutual rights and obligations with respect to care for a natural value. 66

3. Should the natural asset referred to in paragraph 1. of this Article be protected wild specie, contract shall be

concluded by the Ministry.

Article 133

1. The protection of natural value in a protected area may, on the basis of conducted public bidding procedure be

conferred to a person who is not its owner or holder of the right, by concluding the contract on tutelage, under

conditions established by the Ministry. The bidding procedure shall be conducted by the public entity

administering the protected area hosting the natural value.

2. A person who meets prescribed requirements and concludes the contract with the public entity referred to in

paragraph 1 of this Article shall become the trustee of a natural value.

3. The contract referred to in paragraph 1 of this Article shall regulate the issues stipulated in Article 132 of this Law.

Article 134

Where a particular activity or use of a natural value or real estate in the protected area is in a particular manner or with

specified purpose restricted or prohibited, entailing thereby damage to the owner or holder of the right on such a natural

value, he/she shall be entitled to compensation for restrictions he/she is subjected to pursuant to provisions of this Law.

Article 135

Concession

1. Concession provides the right to economic use of natural resources or the right to exercising activities of interest

for the Republic of Kosovo, pursuant to provisions of the Law on Public-Private- Partnerships and concessions in

infrastructure and procedure for their award.

2. The concession is allowed in national park in the third area in harmony with spatial plan of national park.

3. For other protected areas the concession is granted according to the criteria defined in the law from the authority

that declared the protected area.

Article 136

Concession in a strict nature reserve may not be granted, in the first area and second area of the national park.

Article 137

Use of minerals, fossil and exfoliations

1. Natural person may take from nature for his/her own collection the minerals, exfoliations and fossils which have

not been declared as protected nature values.

2. A legal person may take minerals, exfoliations and fossils not designated as protected natural values for the

purpose of exercising scientific, educational or museum activity.


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3. Natural and legal person may take from nature minerals, exfoliations and fossils for placing them on the market

with previously obtained permit from the Ministry. Permit shall be issued in the form of a decision.

4. Natural and legal person who places minerals, exfoliations or fossils on the market must for each mineral,

exfoliation or fossil it owns have evidence proving its origin or authorisation for taking from nature thereof. The

evidence or authorisation shall at sale of minerals, exfoliations or fossils be delivered to the buyer.

5. Natural and legal person referred to in paragraph 4 of this Article must keep records on placing of the market of

minerals, exfoliations or fossils.

Article 138

1. When taking minerals, exfoliations or fossils from natural environment it shall be prohibited to use machines,

explosive, pressurized gas or other chemical agents.

2. By way of derogation the Ministry may authorize the use of devices referred to in paragraph 1. of this Article with

the view of collecting minerals, exfoliations or fossils for scientific or educational purposes.

Article 139

1. Natural or legal person intending to export minerals, exfoliations or fossils must apply for an export permit from

the Ministry. The permit shall be issued in the form of decision.

2. Not allowed exporting minerals, exfoliations, or fossil, which are promulgated nature protection values. 68

3. By way of derogation the Ministry may allow the export of minerals, exfoliations, or fossils, which are proclaimed

protected natural values in order of scientific researches, education and exhibitions. In the permission are defined

the export terms for minerals, exfoliations, or fossils.

CHAPTER VII

PLANNING AND ORGANIZATION OF NATURE PROTECTION

Article 140

Basic documents in nature protection

1. Basic documents in nature protection are the Strategy and Action Plan for Biodiversity - hereinafter: Strategy -

adopted by the Government of Republic of Kosovo proposed by the Ministry and approved by the Assembly of

Republic of Kosovo.

2. The municipalities are obliged to issue programms for nature protection for their territory.

3. The programmes must be harmonized with the Strategy.

Article 141

1. The strategy defines long-term objectives and purposes for conservation of biological and landscape diversity and

protected natural values as well as the methods for their implementation, in compliance with overall economic,

social and cultural development of the Republic of Kosovo.

2. Strategy shall be drawn up on the basis of a report on the state of nature and nature protection status (hereinafter

referred to as: report on the state of natural environment), and shall include in particular:

2.1. General strategic objectives;

2.2. Aims for conservation of landscape, ecological systems, habitat types, wild specie, local modified species;

2.3. Aims for protected natural values;

2.4. Aims for exploring and monitoring the state of nature;

2.5. Aims for incorporating nature protection into other sectors;

2.6. Aims for legislative and institutional framework;

2.7. Aims for education and training aimed at promotion and conservation of biological and landscape diversity;

2.8. Aims for informing the public and public participation in decision making concerning nature;

2.9. Action plans for implementation of guidelines, indicating priorities and potential sources of financing;

2.10. The method of meeting international obligations concerning nature protection;

2.11. Cartographic supplement presenting spatially the measures for conservation of biological and landscape

diversity and protection of natural values.


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3. Aims established in the Strategy shall be applied in drafting the spatial plan and natural resources management

plans.

4. Expertise for drafting the Strategy shall be produced by the Institute.

5. The analysis of objectives and guidelines set out by the Strategy shall be pursued every five (5) years as the

analysis of action plan implementation, and review of the Strategy shall be carried out as required.

Article 142

1. In order to implement the Strategy and programme of nature protection as well as other documents regulating

particular issues in the area of nature protection, a report on the state of natural environment in the Republic of

Kosovo shall be drafted and submitted to the Government for adoption and the Assembly shall be informed.

2. Report on the state of nature is designed for at least two (2) year period, and mainly includes:

2.1. The data of the state of landscape, ecological systems, habitat types, wild specie and local modified species

with the analysis of threat thereon, as well as the reasons for threat and problems concerning protection;

2.2. The data on impact of use of natural resources on biological and landscape diversity;

2.3. The data on impacts of particular interventions on nature;

2.4. The evaluation of measures enforced in conservation of biological and landscape diversity and protected

nature values;

2.5. The analysis of implementation of the Strategy and other documents essential for nature protection;

2.6 The evaluation of monitoring carried out;

2.7. The data on the use of financial resources for nature protection;

2.8. Assessment of the need for drafting new or amending the existing documents as well as other important data

for protection and conservation of nature.

3. Proposal of the report on the state of nature shall be drafted by the institute, and defined by the Ministry.

4. Municipal assemblies shall approve reports for the state of nature protection for its territory.

Article 143

Performance of administrative and professional task in the nature protection

1. Administrative and professional tasks in the nature protection shall be carried out by Ministry, except those works

which the law or other laws, have entrusted to the competent management body, the Institute or the municipality.

2. Municipalities in accordance with this Law, Strategy, the program of nature protection and spatial regulation

documents are obligated to:

2.1. Provide for conservation of biological and landscape diversity on their territory;

2.2. Designate protected areas within their competence;

2.3. Provide conditions for protection and conservation of protected areas within their competence;

2.4. Participate in the procedure of designating protected areas promulgated by the Government or Assembly;

2.5. Participate in drawing up the management plans for protected areas within their competence;

2.6. Provide for promoting nature protection as well as extend support and provide for professional and other

associations the activity of which is targeted to nature protection;

2.7. Monitor the state of nature conservation and submit reports on the conservation status to the Ministry;

2.8. Keep registers on the data relevant for nature protection;

2.9. Inform the public on the state of natural environment on its territory and on the measures undertaken with the

scope of its protection and conservation;

2.10. Provide professional and other assistance to bodies of the local self-government units in nature protection on

their territory;

2.11. Perform as well other activities laid down in this Law and regulations passed on the basis of it.

Article 144

1. Complaint against decisions brought by the Ministry on the basis of this Act shall not be permitted, but an

administrative dispute may be instituted.

2. Complaint against decisions brought on the basis of this Act may be lodged with the Ministry within fifteen (15)

days from the date of delivery of the decision.


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Article 145

Performance of professional works of the nature protection

1. Professional tasks for the nature protection for the Republic of Kosovo carried Kosovo Institute of Nature Protection.

2. The Institute carries out its activities within the frame of the Ministry.

Article 146

1. The Institute shall within the framework of its activities perform technical tasks of nature protection relating to:

1.1. Collecting and processing collected data in connection with nature protection;

1.2. Producing relevant data bases concerning plant, mushrooms and animal species, habitat types, ecosystems

and landscapes;

1.3. Monitoring the state of conservation of biological and landscape diversity and proposing the measures for

protection thereof;

1.4. Drawing up expertise reports for protection and conservation of the parts of nature or natural values;

1.5. Drawing up expertise reports with the scope of establishing the nature protection requirements, administering

protected areas and use of natural resources;

1.6. Performing statistical analyses, consolidating results and drawing up the reports on the state and protection of

nature;

1.7. Participation in implementing international treaties on nature protection;

1.8. Performing of other tasks determined with this Law.

2. The Institute shall carry out the tasks referred to in paragraph 1 of this Article in compliance with annual and multi

annual programme of work.

3. Annual and pluriannual programme of work referred to in paragraph 2 of this Article shall be adopted subject to

approval of the Ministry.

4. The Institute shall submit the achievement report concerning annual and pluriannual programme of work to the

Ministry in the manner laid down in the Institute Statute.

5. Competent bodies and relevant institutions must forward the data on the state of nature collected pursuant to this

Law to the Institute.

6. Funds for carrying out activities of the Institute laid down in this Law shall be provided in Kosovo Budget and

also from other sources in accordance with the law.

Article 147

Control over legality of operations of the Institute shall be exercised by the Ministry.

CHAPTER VIII

ACCESS TO INFORMATION AND PUBLIC PARTICIPATION

Article 148

Informing of the public

1. Ministry, Institute, and administrative authority, competent municipal authority and directorate which manages

with the nature protected values, are obligated to insure the public inform for the state of nature protection, unless

the specific law or act of competent authority are not defined as confidentially.

2. Administrative authority, competent municipal authority and legal persons referred to in paragraph 1 of this

Article must keep a register of data concerning the state and protection of nature, and in case of damage inflicted

to nature they must inform the public thereof and provide instructions on procedures aimed at its protection and

conservation. In the case of any immediate threat to nature and health of people, the public shall be informed about

undertaking the necessary measures and actions with the view of preventing or attenuating damages that could

result from such a threat.

3. The information must be timely and truthful.


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Article 149

1. Ministry, Institute, administrative authority, competent municipal authority, the directorate which administrate the

protected area, must provide to mass communication media at their request the information concerning the state of

and protection of nature, on carrying out the tasks of protection and provide access into relevant documents.

2. Information on the state of and protection of nature shall, as a rule, be provided in a written form.

3. Reports on the state of and protection of nature shall be submitted to the Government at their request and in the

manner laid down in this Law.

4. Municipal assemblies must submit the reports on the state of and protection of nature to the Ministry every two (2)

years and also at other times at the request of such a body.

Article 150

Any person who finds that his/her request for providing information has been neglected or rejected unjustly, either

partly or in entirety, shall have the right to adequate protection of his/her right before judiciary or other competent

bodies.

Article 151

Public participation in decision making

1. In course of drafting the legislation or acts on designating the protected natural assets, administration plans for

protected areas and plans of using natural resources as well as the generally applicable and legally binding

regulations and documents in the field of nature protection, participation of the public shall be provided for.

2. The public should be informed about the procedure from paragraph 1 of this Article via public announcement.

Article 152

Data keeping and using

Documentation and the data on inventory for all components of biological and landscape diversity as well as monitoring

the nature conservation status, and in particular of protected natural values shall be collected and kept with the Institute

and the Ministry.

CHAPTER IX

SIGN OF NATURE PROTECTION

Article 153

1. To promote the nature protection and formal identification of the person in the supervision process and

undertaking the measures for nature protection shall be used the sign of nature protection.

2. Design of the sign, procedure and conditions for its use shall be determined by the minister with special act.

CHAPTER X

PROMOTING EDUCATION ON NATURE PROTECTION

Article 154

1. The competent authority of municipality of the municipality for education must provide the conditions for

promotion, education on nature protection.

2. Ministry, municipalities and legal entities with public authority are obliged to encourage and inform the public

about nature protection and preservation of virtue through media, lectures and publishing activity and to inform

the public for nature values on their purpose of visit, for educational and recreational purposes.


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Article 155

1. With the aim to promote the nature protection for each year shall celebrated the Day of nature protection.

2. Educational, training, recreational, professional and other activities intended to stimulate and promote nature

protection in an appropriate manner shall be organized on the Nature Protection Day.

3. Nature Protection Day shall be celebrated on 22 May on the International Day for Biological diversity each year.

CHAPTER XI

RECOGNITIONS AND PRIZES FOR ACHIEVEMENTS IN NATURE PROTECTION

Article 156

1. Recognitions and prizes for achievements in the field of nature protection shall be awarded for:

1.1. Results achieved in stimulating and promoting nature protection;

1.2. Work results achieved in nature protection projects and programmes;

1.3. Development of the system of education in nature protection in the schooling system;

1.4. Achievements of an individual in development and improving nature protection at national and international

level;

1.5. Contributions by professional institutions as well as professional and other associations in promoting nature

protection.

2. Recognitions and prizes shall be awarded by the Ministry.

3. Types, design, procedure and method of awarding recognitions and awards shall be established by the minister

with the sub legal act.

CHAPTER XII

FINANCING NATURE PROTECTION

Article 157

1. From the Kosovo Budget shall be provided funds for the protection of important natural values of international

and national and for those values of nature which defines the Ministry for financial support and other support

provided by this Law, for compensation of damage caused by strict protected animals, the realization of the right

of first buyers of the Republic of Kosovo, for compensation of owners or holders of rights in real estate, for which

restrictions have been subjected to the protection of nature values of international and state importance and for

other purposes specified in this law.

2. From the municipality budget are provided the means for protecting the nature values which it announces of

financial support and other support provided by this Law and the realization of the right of first buyers and

compensation of owners and holders of rights in real estate limitations for which they are subjected to the value of

protected nature.

3. Financing funds of nature protection are insured from exploitation of natural goods and values protected by this

Law, if the nature or a specific law is not defined differently, by giving compensation to the concession and from

other sources specified by law or provisions issued pursuant to law.

CHAPTER XIII

SUPERVISION

Article 158

Administrative supervision

Administrative supervision over the application of the provisions of this Act and regulations passed on the basis thereof

shall be carried out by the Ministry.


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Article 159

Direct supervision in protected areas

1. Direct supervision of protected areas performs the supervisors of the directorate, which manages the protected

area.

2. The supervisor may be appointed the person who has at least the secondary professional preparation, one (1) year

working experience in the profession and have passed the professional examination.

3. Supervisor shall produce evidence of their official status by presenting the official card.

4. Supervisor shall in the course of performing their routine work wear a uniform, the nature protection label and

designation of protected area they inspect.

5. Content, form and method of issuing the official card and design of the uniform shall be prescribed by ordinance

by the minister.

Article 160

1. Should the chief supervisor or supervisor in exercising control come across a person who in a protected area

performs the activities providing for misdemeanour liability by virtue of the provisions of Article 165, 166, 167

and 168 of this Law, have the right and are obliged to:

1.1. T o request an identity card or another document in order to identify such a person;

1.2. Inspect the luggage, vehicle or craft;

1.3. Temporarily restrict the movement in a designated area;

1.4. Issue a order against the defendant in order to collect fine, penalty, indemnity or compensation for costs

incurred from the perpetrator of the misdemeanour and issue a receipt of the fine collected;

1.5. Temporarily seize the illegally acquired part of living or non-living nature belonging to the protected area as

well as the means by which illegal acquiring has been effected;

1.6. Request restoring of the former state or order measures for preventing and eliminating of the damaging

consequences;

1.7. Pronounce an administrative measure,

1.8. Bring misdemeanour or criminal charges.

2. The misdemeanour order referred to in paragraph 1, subparagraph 4 of this Article may provide for a

misdemeanour fine in the minimum amount stipulated for such a misdemeanour or order protective measure, while

the fine referred to in paragraph 1, subparagraph 5 of this Article in the amount of thirty (30) € for physic persons,

and five hundred (500) €. for legal persons;

3. Paid means of sub-paragraph 1.5 of this Article shall constitute income of the Kosovo budget.

4. Supervisor also carries out the tasks of a ranger.

Article 161

1. Direct protection and tasks of keeping and promoting the protected area shall also be exercised by rangers, in

particular:

1.1. Planning, organizing and performing instructive walks throughout protected area;

1.2. Ecological teaching for visitors of a protected area and for local population;

1.3. Care for safety of visitors and on carrying out rescue operations;

1.4. Observing and monitoring the state of plant, fungi and animal species as well as of other assets in protected

area;

1.5. Cooperation with leaders of research and other authorized projects in a protected area;

1.6. Cooperation with owners and holders of the right to real estates in a protected area with the view of nature

protection;

1.7. Control over performing authorized activities and operations in a protected area;

1.8. Caring for maintenance of infrastructure objects in a protected area;

1.9. Performing tasks of a supervisor by virtue of special authority.

2. Rangers are employees of a directorate, which manages with the protected area.

3. Method and conditions of performing the ranger tasks for nature protection shall be regulates by minister with

special act.


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Article 162

Inspectional supervision

1. Inspectional supervision over the application of this Act and regulations passed on the basis thereof shall be

carried out by the nature protection inspection within the environmental inspectorate.

2. Content, form and method of issuing the official card and badge shall be prescribed by Minister with sub legal act.

Article 163

1. In carrying out supervision over protected natural values and other parts of nature which this Act provides for the

inspector shall supervise:

1.1. State of the quality of natural environment;

1.2. Exploitation and usage of protected natural assets and other parts of nature;

1.3. Application of requirements and measures of nature protection as well as other acts issued on grounds of this

Law;

1.4. Implementation of compensation terms;

1.5. Implementation of natural resource management plans in the part relating to nature protection measures and

requirements;

1.6. Implementation of the governance plan and programme of protection, conservation, use and promotion of the

protected natural value;

1.7. Actions that might give rise to alterations and degradation of protected natural asset or other part of nature;

1.8. Applying direct protection, conservation and use of protected natural values;

1.9. Implementing protective measures with regard to protected plant, fungi and animal specie and other protected

natural values;

1.10. Export, import and transport of plant, mushrooms and animals, where restricted or prohibited by this Law or

regulations passed on the basis thereof;

1.11. Introduction and re-introduction of wild specie into natural environment;

1.12. Informing public on the state of nature;

1.13. Implementing other prescribed requirements and protective measures for biological and landscape diversity

set out in this Law and regulations passed on the basis thereof.

CHAPTER XIV

PUNITIVE PROVISIONS

Article 164

1. With fine, worth at least ten thousand (10.000) to forty thousand (40.000) € shall be punished the legal person of

an offence if:

1.1. Undertakes intervention and action which may result in destruction or some other major or permanent

damage on the ecologically important area (Article 63 paragraph 4. and Article 64 paragraph 4. of this law);

1.2. Exterminates the wild autochthonous specie (Article 86 paragraph 3.of this law).

2. With fine, worth at least one thousand (1.000) to four thousand (4.000) € will be punished for violation of

paragraph 1 of this Article the individual person and responsible person of legal entity.

Article 165

1. With fine, worth at least four thousand (4.000) to thirty thousand (30.000) € would be punished a legal person

convicted of an offence if:

1.1. Carries out intervention for which it’s not received acceptability review for nature or is in contradiction with

the received examination (Article 34 paragraph 1 and 3 of this law);

1.2. Proceeds contrary to the measures for protection, conservation, improvement and use of protected areas and

other nature protected values, laid down in the by Regulation on internal order (Article 76 of this law);

1.3. Introduces alohton wild specie in the nature on the territory of the Republic of Kosovo (Article 91 of this

law);

1.4. Re-introduces disappeared alohton wild species into the nature on the territory of the Republic of Kosovo

without Ministry permission (Article 93 of this law).


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2. With fine, worth at least four hundred (400) to three thousand (3.000) € will be punished for violation in paragraph

1 of this Article, the physical person and responsible person of legal entity.

Article 166

1. With fine, worth at least one thousand (1.000) to ten thousand (10.000) € will be punished for an offence the legal

entity if:

1.1. Performs unauthorized actions in the strict nature reserve (Article 10 of this law);

1.2. Exploits the nature goods that are unauthorised for economic purposes or performs any activity which is not

allowed in national park (Article 11 of this law);

1.3. Undertakes unauthorized interventions and actions, which can break the features due to which is announced

the special area (Article 12 paragraph 3. of this law);

1.4. Pursues activities endangering the features and the important role in the nature park, or carries out economic

activity and uses of nature goods without having obtained conditions for the nature protection ( Article 13 of

this law);

1.5. In the nature monument or in its immediate vicinity undertakes actions that endanger its characteristics and

values (Article 14 paragraph 3. of this law);

1.6. Perform the actions and activities degrading the features due to which are announced the protected

landscapes (Article 15 paragraph 2. of this law);

1.7. Carries out the actions and activities which degraded or change the values due to which is protected the

monument of the park architecture (Article 16 paragraph 2. of this law);

1.8. With no valid reason destroys protected minerals exfoliations fossils, and their discovery-places (Article 18

paragraph 4. of this law);

1.9. Does not protect the local modified species in determined manner (Article 26 of this law);

1.10. Organises rides on motor vehicles outside settlements, on all kind of roads, field roads, improved paths and

driving polygons, without obtaining permission of the Ministry (Article 30 of this law);

1.11. Places on the market and applies with ammunitions for protection of the plants or mineral fertilizers in a

manner which is not allowed (Article 32 of this law);

1.12. Does not implement the compensation conditions in the determined manner (Article 38 paragraph 3. and 5.);

1.13. After the intervention does not bring the same state or approximately the same in which has been before the

intervention (Article 42 paragraph 2. of this law);

1.14. As a person responsible for undertaking or as a user of natural goods without delay does not eliminate

harmful consequences (Article 45 of this law);

1.15. Uses and manages forests contrary to principles of sustainable development and principles of forest

certification ( Article 47 paragraph 2. and 3. of this law);

1.16. Performs forestation wherever that is not justified and in a manner endangering the endangered non-forest

and rare habitat type (Article 48 of this law);

1.17. Uses ammunitions for protection of plants in forests with no authorization (Article 49 of this law);

1.18. Does not safeguard constant percentage of mature, old and dry trees pursuant to nature protection

requirements (Article 50 paragraph 1. of this law);

1.19. Does not let a part of the truncated free surface determined by economic-forest basis, respectively with nature

protection conditions (Article 50 paragraph 3. of this law);

1.20. Does not manage in such a manner so as to conserve to the maximum extent the forest clearances and forest

edges (Article 50 paragraph 4. of this law);

1.21. Damages, destroys or takes away exfoliations and underground live nature from the speleological object

(Article 53 paragraph 1 of this law);

1.22. Modifies habitat conditions in a speleological object by disposal of garbage or biological waste, by burning

fire or otherwise (Article 53 paragraph 1 of this law);

1.23. Performs activities or actions in a speleological object without prior approval of the Ministry (Article 53

paragraph 2 of this law);

1.24. Constructs barriers on watercourses, reclaims, buries springs, ponds, etc, and thereby endangers natural assets

and biological diversity (Article 56 paragraph 1. of this law);

1.25. Uses grasslands in an unauthorized manner (Article 59 of this law);

1.26. Does not conserve peripheral parts of agricultural land as habitats (Article 60 paragraph 1. of this law);

1.27. Does not implement determined measures for conservation of habitat types in a favourable status (Article 61


1.28. Pursues exploration without permission of the competent body and/or does not forward the results of

exploration to a competent body (Article 71 paragraph 1. and 3. of this law);


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1.29. Disturbs, captures, injures wild animals, reduces population of a wild specie, destroys or degrades its habitat

without just cause (Article 86 paragraph 2. of this law);

1.30. Does not apply measures, methods and technical means that least disturb wild specie or habitats of

populations thereof (Article 87 paragraph 1. of this law);

1.31. Does not apply determined protective measures and does not maintain ecological corridors for wild animals

(Article 88 paragraph 3. of this law);

1.32. Constructs towers and technical components of medium-voltage transmission lines in an unauthorised

manner (Article 89 of this law);

1.33. Collects plants, mushrooms and parts thereof and captures and kills animals with the scope of processing,

trade and other business without obtaining authorisation from the Ministry and without other determined

conditions (Article 90 of this law);

1.34. Uses protected wild species contrary of determined conditions (Article 94 of this law);

1.35. Uses the devices for capturing and killing protected animals, as well devices which can cause the local

disappearance or serious disturbance of populations of the species ( Article 95 of this law);

1.36. Trades in wild growing strictly protected plants and mushrooms ( Article 97 paragraph 2. of this law);

1.37. Intentionally captures, holds and kills strictly protected animal species, damages or destroys their evolution

forms, nests or broods, as well as the breeding and resting sites, disturbs these during the time of breeding,

rearing young and hibernation, and intentionally destroys or takes eggs from nature or keeps empty eggs

(Article 97 paragraph 3. subparagraph 3.1., 3.2., 3.3., 3.4., 3.5. and 3.6 of this law);

1.38. Hides, keeps, breeds, trades in, alienates or in any other manner way acquires protected plants, fungi and

animals, and stuffs strictly protected animals (Article 97 paragraph 3. subparagraph 3.7 of this law);

1.39. Proceeds contrary to the provisions with regard to wild growing plants, mushrooms and animals found in a

strict nature reserve, national park and special area, as well as to underground animals (Article 97 paragraph

4. of this law);

1.40. Keeps in captivity, breeds, markets and purchases wild species contrary to determined provisions (Article 99

of this law);

1.41. Exports or imports strictly protected plants, mushrooms and animals with no permission from the Ministry


1.42. Takes out, brings in, exports, imports, transit passing of plants, mushrooms and animals that are protected

under this Law or international treaties, parts and derivatives thereof with no permission and contrary to the

conditions laid down in the Law and implementing provisions (Article 101 of this law);

1.43. Takes out, brings in, exports, imports, transit passing of plants, mushrooms and animals that are protected

under this Law or international treaties, parts and derivatives thereof with no permission or appropriate

certification issued by Ministry and the administrative authority, to act country's export or re export with

illegal documents, permits or certification without validity, or permit or proof which is changed without

consent of the Ministry or the export or re export (Article 101 paragraph 1. of this law);

1.44. Uses permit, certification or other act issued based on this Law, the purpose of performing tran-border traffic

and trade of wild species, for any exemplar of wild specie for which is not issued the permit, certification or

other act ( Article 101 paragraph 7. and / or Article 107 paragraph 5 of this law.);

1.45. The request for issuance of permit for the introduction, extraction, export, import, re-export certification,

permits or certificates for trade used false statements or intentionally provides false information to obtain a

permit or certificate ( Article 101 paragraph 1. and 4, Article 107 paragraph 1 of this law);

1.46. Performs transit passage wild species protected under this law, their parts or derivatives without a valid

export permit or certificate on re export, issued by the administrative authority of the country to export or re

export (Article 101, paragraph 8. of this law);

1.47. Performs trade with wild protected species autochthonous or alohton based on Law or under international

agreements contrary to the determined conditions by law and acts defined according it (Article 107 of this

law);

1.48. Falsification or change permit certification and do not follow the orders and conditions cited in the

certification for trade with autochthonous and alohton protected wild species based on Law (Article 107

paragraph 1. and 4. of this law);

1.49. If without delay does not inform the Ministry on all changes and new conditions which affect or may affect

the validity of the permit or certificate in order to trans – border trade or trade of protected wild species,

issued in accordance with this Law and acts of law and acts to be issued on the basis of it (Article 109


1.50. Does not submit the offer for sale of real estate on the first buyer right basis in the manner determined by this

Law ( Article 113 paragraph 1. and 2. of this law);

1.51. Sells the real estate located in a protected natural area to another person at a price that is lower than the price

quoted in the offer to the persons entitled to first buyer ( Article 113 paragraph 4. of this law);

1.52. uses nature goods in not allowed manner and with harmful consequences (Article 123 of this law);


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1.53. Issue plan for economizing with the nature without the consent of the Ministry ( Article 124 of this law);

1.54. Exercises the intervention and actions in protected nature value with no concession approval from Ministry

(Article 128 of this law);

1.55. Places on the market minerals, exfoliations and fossils without permission (Article 137 paragraph 3. of this

law);

1.56. Exports minerals exfoliations and fossils, which are protected as the nature value (33Article 139 paragraph 2.

of this law).

2. With fine, worth at least three hundred (300) to two thousand (2000) € will be punished for violation of paragraph

1 of this Article the physical person and responsible person of legal entity.

Article 167

1. With fine, worth at least five hundred (500) to one thousand (1.000) € will be convicted of an offence a legal

person if:

1.1. Does not apply protective measures determined by this Law while the nature value is under preliminary

protection (Article 24 of this law);

1.2. Does not allow the visit and viewing nature (Article 29 of this law);

1.3. Does not notify the discovery of speleological object or part thereof within a determinate period (Article 52


1.4. Pursues exploration without the Ministry permission (Article 67 of this law);

1.5. Does not proceed in compliance with the management plan for a protected area (Article 81 paragraph 4. and

Article 82 of this law);

1.6. Without justified reason captures, injures or kills wild animals (Article 86 paragraph 2 of this law.);

1.7. Without justified reason eliminates wild specie - plants and animals- from their habitats, reduces their

populations or destroys them (Article 86 paragraph 3. of this law);

1.8. Picks ups, collects, destroys, cuts or uproots wild growing strictly protected plants or mushrooms ( Article 97


1.9. Holds strictly protected plants and mushrooms (Article 97 paragraph 2. of this law);

1.10. Carries out exploration on strictly protected specie without permission from the Ministry (Article 100


1.11. Keeps in captivity in inappropriateconditions and without adequate care, or contrary to determinate

conditions, the animals wild species (Article 104 paragraph 1. of this law);

1.12. Displays in zoos, aquaria, terrariums or similar spaces the animals of autochthonous or alohton wild specie

without permission from the Ministry (Article 105 paragraph 1. of this law);

1.13. Breeds autochthonous and alohton wild species without the permission of the Ministry (Article 106


1.14. Does not mark bred animals of wild species in the determinate manner (Article 106 paragraph 3. of this law);

1.15. Does not provide for a bred animal not to escape into nature and inflict damage (Article 106 paragraph 4. of

this law);

1.16. Explores the findings site of minerals exfoliations and fossils that may destroy or inflict damage (Article 112

paragraph 3 of this law);

1.17. Explores the findings site of minerals, exfoliations and fossils without the permission of the Ministry (Article

112 paragraph 5 of this law.);

1.18. Organizes visiting and touring of a protected nature value contrary to prohibition or limitations (Article 129

of this law);

1.19. Does not allow access to the nature protected value under the determinate conditions (Article 130 paragraph

1. of this law);

1.20. Cares for or protects of the nature value in the protected area without contract or contrary to conditions of

contract (Article 132 and 133 of this law);

1.21. At taking minerals, exfoliations and fossils makes use of machinery or other unauthorised devices (Article

138 paragraph 1 of this law.);

1.22. Does not provide for participation of the public in the course of drafting legislation or acts on designating the

protected nature goods, spatial plans, management plans and plans of usage of protected areas and nature

goods (Article 151 of this law).

2. With fine, worth at least one hundred (100) to five hundred (500) € will be punished for violation of paragraph

1.of this Article, the physical person or responsible person of legal entity.


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Article 168

1. With fine, worth at least five hundred (500) to one thousand (1.000) € will be convicted a legal person of an

offence if:

1.1. Explores and visits a strict nature reserve without permission from the Ministry (Article 10 paragraph 2. of

this law);

1.2. Collects plants, mushrooms and parts thereof and captures or kills animals with the scope of processing,

marketing and other trade with no approval of the owners and holders of the right ( Article 90 paragraph 2. of

this law);

1.3. Take out from the Republic of Kosovo for scientific purposes the wild species and their parts which are not

protected nature values in terms of this Law, without the permission of the Ministry ( Article 71 paragraph 4.

of this law);

1.4. Does not notify the Ministry and veterinary service of dead, ill or injured strictly protected wild species (

Article 99 paragraph 3. of this law);

1.5. Does not forward to the Ministry and Institute the data within determinate period on the results of exploration


1.6. Does not declare import or export of the animal, mushrooms or plant to the competent customs service

(Article 102 of this law);

1.7. Does not notify the Ministry within a determinate period of acquiring ownership on protected animals


1.8. Does not issue to a new owner the certificate of origin of the animal and the invoice (Article 107 paragraph 3

of this law);

1.9. Does not protect or preserve minerals exfoliations and fossils in the determinate manner (Article 110


1.10. Does not notify the Ministry within the prescribed period about the discovery of minerals, exfoliations and

fossils or does not undertake due protective measures against destruction, damage or theft (Article 112

paragraph 1 of this law.);

1.11. Does not provide for exploring the finding site of minerals, exfoliations and fossils pursuant to the decision

of the Ministry (Article 112 paragraph 4. of this law);

1.12. Takes from nature the minerals, e foliation and fossils for purposes thatare no laid down in this law (Article

137 paragraph 2. of this law);

1.13. Takes minerals, exfoliation and fossils from nature with the scope of marketing thereof without permission

from the Ministry (Article 137 paragraph 3 of this law.);

1.14. Does not possess evidence proving the origin of minerals, exfoliation and fossils or the permission for taking

those out from nature (Article 137 paragraph 4. of this law);

1.15. Does not keep records on placing on the market of minerals, exfoliation and fossils in a determinate manner


1.16. Exports minerals, exfoliations and fossils without permission from the Ministry ( Article 139 paragraph 1. of

this law);

1.17. uses the nature protection sign contrary to the determinate manner ( Article 153 paragraph 2. of this law);

2. With fine, worth at least two hundred (200) to five hundred (500) € will be punished for violation of paragraph 1.

of this Article, the natural person and responsible person of legal entity.

Article 169

1. In fine, the value of one hundred (100) € will be punished natural person for the offence in the national park,

nature park and the park architecture monument, if:

1.1. Performs underwater activity without the permission of the Ministry respectively administrative authority or

competent municipal authority (Article 75 paragraph 1. subparagraph 1.1. of this law);

1.2. The anchor and / or linking the boat outside abroad determined by the spatial plan (Article 75 paragraph 1.

subparagraph 1.2. of this law);

1.3. Performs recreational fishing without permission or contrary with the terms of the permission issued (Article

75 paragraph 1. subparagraph 1.3 of this law);

1.4. Damages and / or destroys the label and / or information table (Article 75 paragraph 1. subparagraph 1.4 of

this law);

1.5. Make the fire outside the dwelling and/or places which are especially marked and designated for this purpose

(Article 75 paragraph 1. subparagraph 1.5 of this law);

1.6. Filming or photographing for commercial purposes, without Ministry permission, respectively administrative

authority or competent municipal authority (Article 75 paragraph 1. subparagraph 1.6 of this law);


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1.7. Flying with slightly ultra flight without permission of the Ministry, respectively administrative authority or

competent municipal authority (Article 75 paragraph 1. subparagraph 1.7 of this law);

1.8. Emplace of information plates, billboards and others without permission of the Ministry, respectively

administrative authority or competent municipal authority (Article 75 paragraph 1. subparagraph 1.8. of this

law).

Article 170

1. With fine, in amount of thirty (30) € will be punished the physical person for the offence if:

1.1. Visits and/or touring without ticket, when that is obliged (Article 75 paragraph 1. paragraph 1.9 of this law);

1.2. Throwing garbage’s outside of certain places, foreseen for it (Article 75 paragraph 1.10 of this law);

1.3. Cleaning outside the determinate places, defined by directorate of area administration (Article 75 paragraph

1.11 of this law).

CHAPTER XV

TRANSITIONAL AND FINAL PROVISIONS

Article 171

1. Natural values protected prior to the entry into force of this Law shall remain protected, while the owners and

holders of the right on such protected natural values shall have the rights and obligations determined by this Law.

2. Registry of protected natural values into the Register shall be harmonized with the provisions of this Law within

two (2) years from the date of entry into force of this Law.

Article 172

1. Legal persons managing forests must align forest management plans with the provisions of this Law on the

occasion of their renewal or first review.

2. Holders of the right on hunting must align the hunting management plans with the provisions of this Law on the

occasion of their renewal or first review.

3. Legal persons administering water resources must align management plans with the provisions of this Law within

two years from entering of this Law into force.

4. Other legal and physical persons managing natural goods must align the plans of using natural goods with the

provisions of this Law within a year from the entry into force of this Law.

5. Legal and physical persons operating in trade referred to in Article 111 of this Law must align their business

operations with the provisions of this Law within thirty (30) days from the entry into force of this Law.

6. Public entities or administrative authorities or competent municipal authorities who conferred the care for

protected natural values to legal and physical persons by virtue of a contract, prior to entry into force of this Law

must align such contracts with the provisions of this Law within three (3) months from entry into force of this

Law.

Article 173

1. The Institute and directorate administering protected areas shall proceed with operations pursuant to this Law.

2. The Institute and directorate must align their organization, activities and sub-legal acts with the provisions of this

Law within ninety (90) days from the entry into force of this Law.

3. The Municipalities which ones in the enforcement day of this Law didn’t established the administrative

departments of the protected areas according to the Law of Nature Protection No. 02./L-18/ Regulation 2006/22

are obliged to establish them in a period of one year from the entry into force of this Law.

Article 174

1. The international ecologically important areas referred to in Article 64, of this Law shall be constituent parts of the

European ecological network “NATURA 2000”.


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Article 175

1. The Government and the Minister shall within a year from the entry into force of this Law pass legislation they are

entitled to under this Law.

2. Pending the entry into force of the implementation acts set out in this Law, implementation acts in the field of

nature protection in force shall remain legally valid pending the entry into force of this Law and/or those passed on

the basis of the Nature Protection Law No. 02./L-18/ Regulation 2006/22 in the part where their provisions are not

contrary to the provisions of this Law.

3. Protective measures passed by competent body of municipalities for protected parts of nature on their respective

territory shall by virtue of provisions of the Nature Protection Law No 02./L-18/ Regulation 2006/22 remain in

force pending the adoption of implementing regulations on the measures of protection concerning such protected

natural values pursuant to this Law in the part in which those are not contrary to provisions of this Law.

Article 176

1. On the day of the entry into force of this Law, the Nature Protection Law No 02./L-18/ Regulation 2006/22, shall

cease to be valid.

2. The procedures initiated pursuant to the provisions of the Nature Protection Law No 02./L-18/ Regulation 2006/22

shall be completed pursuant to provisions of this Law.

3. Punishing proceedings initiated pursuant to provisions of the Nature Protection Law No 02./L-18/ Regulation

2006/22 prior to the date of entry into force of this Law shall continue before the competent court.

Article 177

Entry into force

This Law enters into force fifteen (15) days after publication in the Official Gazette of the Republic of Kosovo.

Law No. 03/L-233

30 September 2010

Member of the Presidency of the Assembly

Xhavit Haliti

The project is implemented by

The individual expert:

Giuseppe RAZZA

Strada per Basovizza, 54

34128 Trieste

Italy

Tel.: +39-342-9005131

Email: [email protected]

The project is supported by the

UNDP-Support for Low Emission Development (SLED) project

Address:

10000 Pristina

Kosovo

mailto:[email protected]