Area: Poslovni SOS
Competent authority: MOP
EZU URL: .nan
Initiative ID: 616
Initiative accepted and completed: '2015-08-03'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-07-02'
Initiative published: '2015-07-02'
Initiative submitted: '2015-07-02'
Response from the competent authority: "RESPONSE OF THE MINISTRY OF ENVIRONMENT AND\
  \ ENVIRONMENT:The petitioner submits that after the construction of the Kr\u0161\
  ko hydroelectric power station, flood safety has been increased, which is not reflected\
  \ in the published flood maps. Please note the provisions of the Regulation on conditions\
  \ and restrictions for the implementation of activities and spatial interventions\
  \ in areas threatened by floods and related erosion of inland waters and the sea\
  \ (Official Journal of the Republic of Slovenia, No 89/08), which provides in Articles\
  \ 9 and 10 as follows:9. (1) If the areas and the corresponding hazard classes are\
  \ not determined in accordance with the Regulation on the methodology for determining\
  \ the areas at risk from floods and related erosion of inland waters and the sea,\
  \ and the method of classifying land into hazard classes, the following shall apply,\
  \ the data on flood and erosion events or the warning map indicate that the area\
  \ is exposed to flooding and related erosion, at least the flood and related erosion\
  \ hazard maps must be prepared for the preparation of the planning acts and at least\
  \ the provisions of Article 5(1) of Regulation (EC) No 1290/2000 must be complied\
  \ with for the purpose of obtaining water consent. (2) Information on a new flood\
  \ and related erosion area designation or a change in the flood or related erosion\
  \ hazard area or hazard class in the planning area shall be submitted by the spatial\
  \ planner to the Ministry responsible for water, which shall confirm it and enter\
  \ it in the water catalogue.10Article 8(Completion of the warning map) (1) If the\
  \ warning map referred to in the Regulation on the methodology for determining areas\
  \ at risk from flooding and related erosion of inland waters and the sea and the\
  \ method of classifying land into risk classes does not show the area of flooding\
  \ and erosion, but new data or analyses of the area under consideration show that\
  \ there is a possibility of flooding and related erosion in the area of the development\
  \ or the carrying out of the activity, the new data shall be taken into account\
  \ in the assessment of the conditions and limitations, and the warning map shall\
  \ be supplemented by the new data. (3) The proposal for supplementation shall include\
  \ information on the section of the watercourse where there is a possibility of\
  \ flooding and on new available data or analyses in this respect. (4) The Ministry\
  \ responsible for water shall, after verification of the information provided, supplement\
  \ the warning map within six months of receipt of the proposal for supplementation.\
  \ (5) The Ministry responsible for water shall, within six months of receipt of\
  \ the proposal for supplementation, supplement the warning map with information\
  \ on the section of the watercourse where there is a possibility of flooding. The\
  \ situation described in the proposal for administrative relief should, in our view,\
  \ be dealt with in accordance with the above provisions. In our view, the new designation\
  \ of flood zones (Article 9) or the updating of the warning map (Article 10) should\
  \ not only be understood as the designation of new (additional) or the extension\
  \ of existing flood-prone areas, but also their reduction or even their abolition,\
  \ if this actually occurs (e.g. in the case of a new flood zone, the amendment of\
  \ the warning map (Article 10) should be understood as a reduction or even the abolition\
  \ of the flood zone. A municipality adopting a new spatial planning act may therefore,\
  \ in accordance with the above provisions, propose a new designation of flood zones\
  \ or an amendment to an existing warning map, also by reducing the size of the flood\
  \ risk areas, the level of flood risk, etc., during the adoption process, if this\
  \ is apparent from new available data and analyses accompanying the proposal. After\
  \ the confirmation or verification of these data, the Ministry will enter them in\
  \ the water catalogue or update the warning map (within 6 months).RESPONSE of the\
  \ Slovenian Environment Agency (ARSO): With the regulation of the Kr\u0161ko hydroelectric\
  \ power plant, the operator of the changed situation (the operator of the public\
  \ utility service of water regulation in the area of influence of the energy exploitation\
  \ of the Lower Sava River, in this specific case INFRA d.o.o.) must update the flood\
  \ hazard class maps in the area of the storage basin in relation to the actual implemented\
  \ situation. Following a discussion with a representative of INFRA, d.o.o., the\
  \ amendment of the maps is being prepared and will be forwarded as soon as possible\
  \ to the concessionaire of the Ministry of the Environment and the municipality\
  \ of Kr\u0161ko for information.RESPONSE FROM THE CONTRACTOR OF THE COMMERCIAL PUBLIC\
  \ SERVICE for the implementation of the water infrastructure and other state and\
  \ local infrastructure in the area of the energy exploitation of the water potential\
  \ of the Lower Sava River and for the maintenance of the water infrastructure facilities\
  \ on the Lower Sava River: As stated by the ARSO representative, INFRA d.o.o. recognized\
  \ the obligation to update the flood maps for the area of the Kr\u0161ko Municipality\
  \ (as we did in the Sevnica Municipality after the completion of the water infrastructure),\
  \ but : 1. The water infrastructure is not completed in the area of the Kr\u0161\
  ko Municipality.2.In 2015 INFRA d.o.o. has not secured funds for the continuation\
  \ of the construction or activities on the Kr\u0161ko HPP project.Thus, we believe\
  \ that we will amend the flood maps and make the entries in the official registers\
  \ in the next year - in 2016, or start these activities as soon as the appropriate\
  \ funds are available."
Text file: 616.txt
Title: Spatial planning acts - inconsistency
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=616
