Transboundary SEA (or lack of it) in decision-making on “BUK-BIJELA” power plant (case study) Prof dr Maja Kostic-Mandic, University of Montenegro.

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Presentation transcript:

Transboundary SEA (or lack of it) in decision-making on “BUK-BIJELA” power plant (case study) Prof dr Maja Kostic-Mandic, University of Montenegro

Issues addressed in the presentation: decision-making on disposal of natural resources under special legal regime transboundary context SEA and EIA constraints public participation

The project of building a dam that would flood part of: the Tara River Basin Biosphere Reserve the Tara River Canyon, a World Heritage Site and Durmitor National Park World Heritage Site

Applicable international conventions: World Heritage Convention Danube River Protection Convention draft protocol regarding the Sava countries

Relevant legislation: Bosnia and Herzegovina entity Republika Srpska (no SEA and EIA provisions) and entity B&H Federation (SEA and EIA provisions in Environmental Protection Law) State union Serbia and Montenegro Serbia (SEA and EIA laws) the Republic of Montenegro (draft SEA and EIA laws)

International legal documents setting standards, not binding between the parties Espoo Convention Aarhus Convention EIA and SEA EU Directives

“SEA and EIA procedure” in Montenegro 1997 Physical Plan No Strategy for the Energy sector Agreement between the Republic of Srpska and the Republic of Montenegro Environmental Study joint commission

The public participation issue imposed by the affected local community, wide public, NGOs and scientists “Tara Declaration” adopted the role of UNESCO and international community

Mayor gains of the “Buk-Bijela” case for Montenegro Montenegrin government has halted plans to build a dam raising public awareness regarding environmental issues draft SEA and EIA laws to be adopted the new draft Physical Plan encompassed SEA

Further reading: UNESCO-IUCN Report pdfhttp://whc.unesco.org/archive/2005/mis pdf M. Kostic-Mandic, International and National Legal Constraints regarding Decision-making on “Buk-Bijela” Power Plant, in 3E for Tara, the Collection of papers from the round table discussion held on in Podgorica, organized by Montenegro Greens in association with UNDP, Podgorica, M. Kostic-Mandic, Harmonization of Montenegrin Law with the EU Law regarding Public Participation, 1 st Symposium of the ecologists of Montenegro, with international participation, , Tivat, Natura Montenegrina (in English).