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Description
Within the procedure for obtainment of an integral building permit in the case of the hydroelectric power plant (HPP) Mokrice, we are, for the first time in Slovenia, dealing with the procedure of overriding public interest over the public interest of nature protection according to article 6.4 of Habitats directive and exemption procedure according to article 4.7 of Water framework Directive.
At the same time, we are facing rapid changes in national legislation in the field of nature, environment and construction. The adoption of new COVID-19 legislation has caused many problems and non-transparency in the field of legal protection of nature and prevents effective participation of NGOs in legal protection of natural heritage also in the case of the Sava River with its tributaries in the area of the planned construction of HPP Mokrice.
The Minister of the Environment and Spatial Planning announced that the permit for the construction of HPP Mokrice will be issued in 2020. We expect and already witness very fast and intense procedures.
Institute Lutra has already successfully notified entry into the procedure as a side participant. The deadline for comments is 2nd of October. We urgently need legal assistance with substantive / professional comments.
Institute Lutra has a status of operating in the public interest of nature conservation and environmental protection and will actively participate as a side participant in the process of overriding of other public interest over the public interest of nature conservation with comments, opinions and statements. We will need legal assistance in this at all times.
Other non-governmental organizations would also benefit from the project, as these are procedures that have not yet been carried out in Slovenia. The project will also be important for other stakeholders related to planning, impact assessment and spatial planning, as well as for civil groups and individuals that will be affected by HPP Mokrice.
Summary of project results
Within the procedure for obtainment of an integral building permit in the case of the hydroelectric power plant (HPP) Mokrice, the government started a procedure of overriding public interest over the public interest of nature protection according to article 6.4 of Habitats directive and exemption procedure according to article 4.7 of Water framework Directive.
At the same time there were rapid changes in national legislation in the field of nature, environment and construction. The adoption of new COVID-19 legislation caused many problems and non-transparency in the field of legal protection of nature and prevents effective participation of NGOs in legal protection of natural heritage also in the case of the Sava River with its tributaries in the area of the planned construction of HPP Mokrice.
The Minister of the Environment and Spatial Planning announced that the permit for the construction of HPP Mokrice will be issued in 2020. Institute Lutra has already successfully notified entry into the procedure as a side participant before the project. The deadline for comments was 2nd of October 2020.
The project has achieved both of its intended results: equivalent participation of NGOs in the procedure of overriding public interest over the public interest of nature protection for Hydropower plant Mokrice and monitoring of compliance with and enforcement of EU law in proceedings.