Transcript Ministry of Environment and Physical Planning

Local Self Government in
environmental management
Jadranka Ivanova
Head of EU Department
[email protected]
[email protected]
Ministry of Environment and Physical
Planning
What laws for the Local Self - Government Units??
I am the Law in the Municipality !!!
I won the elections in order to be the Law, not to
respect Laws !!!
Basic Principals – EC of LSG
The European Charter on Local Self-Government was
passed by the Council of Europe in 1985
• Public matters should be primarily performed by the
authorities closest to citizens
• When delegating competencies to be transferred from
central to municipal government control, local authorities
may adjust the execution of their delegated duties to
local circumstances. When doing so, they should
nonetheless always meet predetermined standards.
• When central authorities plan and make decisions that
concern local authorities, they should consult widely and
in a timely manner
EU integration process
• With the EU accession process laws have
to be aligned with the EU legislation
• New competencies for the central
government even more for the local
government
• Decentralization process in Macedonia
started 2002
• Approximation process in environment in
Macedonia started in 2002
EU integration process
• LSG – Mayors – We want more, we want all!!
• Central Government – We will think about it what shell we give to you!
• Result: Balance was achieved! (we hope)
• EU integration is purely domestic matter, where
local and central authorities have equal
responsibilities
• EU integration is not solely foreign policy issue
Responsibilities of LSG in
environment
• Protection of Nature and the Environment
• Under the legal framework, municipalities are
responsible for: protecting drinking water supplies;
preventing the pollution of soil, air and water; protecting
nature; preventing noise pollution; and preventing nonionic emissions.
• The Law on the Protection of Nature, the Law on the
Environment, the Law on Air Quality, the Law on Water,
the Law on Noise Pollution, Law on Waste Management
and Laws on packaging, batteries and WEEE determine
the measures that may be undertaken to fulfill municipal
duties under these aforementioned responsibilities.
Basic Principals in environment
Principle of high level of protection
• Everyone shall, when undertaking activities or while
performing activities, ensure a high level of protection of
the environment and the human life and health.
Principle of subsidiarity
• Municipalities, shall have, within the scope of their
competences stipulated by law, the right and the
obligation to undertake on their territories all measures
and activities of environmental protection and
improvement which are not under the exclusive
competence of state authorities.
Basic Principals in environment
Principle of integration
• The basis and objectives of the policy of environmental
protection and improvement shall be integrated into all
development and strategic planning and programme
documents adopted by the bodies of the central
government and the bodies of the municipalities.
Principle of precaution
• If there is a rational doubt that a certain activity may cause
harmful consequences on the environment, necessary
measures for protection of the environment shall be
undertaken, before available scientific evidence that such
consequences could occur becomes available.
Principle of prevention
• Measures and activities of environmental protection shall
be taken prior to the occurrence of adverse effects.
Basic Principals in environment
Proximity principle
•
The waste shall be processed primarily at the location of
its generation. If cannot be processed at the location of
its generation due to justified technical and technological
or economic reasons, shall be transferred for processing
or disposal to the nearest locations designated for that
purpose.
Principle of universality of service
•
The universality of service with regard to waste
management shall be provided through:
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non-discrimination;
sustainability of the service;
quality and efficiency;
transparency;
economically acceptable price; and
full coverage of the area of service provision.
LSG - environment
Horizontal legislation
• Environmental Impact Assessment on
projects
• Strategic Impact Assessment on plans and
programs
• Access to information
• Planning in environment – LEAPs
• Local environmental inspectors
LSG - environment
Waste Management – prime competencies
of LSG
- Collection of communal waste
- Transport
- Landfills
- Providing sufficient capacity for waste
streams management (packaging, batteris,
WEEE)
LSG - environment
Integrated waste management can be sustainable
with capacity of 200.000 inhabitants
In 2009 started PPP for waste management in four
regions in Macedonia
For two regions it is in final stage of selecting
company
- Construction of landfill
- Establish integrated waste management
- To use capacity of the existing Municipal Public
Enterprise
LSG - environment
Water Management
- water supply
- waste water collection
- waste water treatment
- management of bathing waters
- flood management
- erosion control
LSG - environment
Noise Protection
- measures for noise protection from
facilities and small instalations
- important for land and urban planning
- important for health care
LSG - environment
Integration prevention and pollution control
- B – integrated permits – small
installations
- accident prevention – SEVESO Directive
– important for urban planning
Competencies in air monitoring and nature
protection
Capacity of LSG
• LSGU in the Republic of Macedonia quite
differ from one another taking in terms of
number of population, which is from 3,000
to 500,000 inhabitants.
• there is deficiency of staff and financial
resources necessary to respond to the key
functions of environmental management
• difficult to provide sufficient trained
personnel
Capacity of LSG
Plan for institutional development of the
national and local environmental
management capacity 2009-2014
(adopted by the Government in 2009)
Provide guidance for development of
capacity of LSG for environmental
management
Provide model of administrative structure for
LSGU
Model- organizational structure for implementation of the
environmental obligations within the local administration
Department for environment
Unit for waste
Unit for waters
Unit for
environmental
management
Unit for
inspection
Unit for monitoring
and information
system
SECTOR: WASTE Establishment of special departments for waste management with min employees Working tasks: inventory of waste generators; establishment and maintenance of cadastre of waste generators;
reporting Working tasks: administrative surveillance of legal entities managing waste at area of the LSG- depending of the area
Promotion of selection, reuse composting, raising public awareness
Special departments- depending on the area and needs Working tasks: protection of bathing waters quality Working tasks: flood protection and other adverse effects of waters Working tasks::
water supply and drainage and waste water treatment
SEA; EIA; Elaborates; IPPC; LEAP; Nature; Noise
Inspection- authorized
environmental inspectors
Management of local monitoring
network, information system,
reporting
Future
• Provide trainings for the LSGU staff
• Provide support in implementation of their
responsibilities
• Provide financial support
• Provide guidance for performance of their
competencies
• Include in decision making process
• Provide financial secure and
independence of LSGU