REPUBLIC OF SLOVENIA
NATIONAL ASSEMBLY
Number: 800-01/10-15/
EPA 1149-V
Date: 28 September 2010
AT ITS SESSION ON 28 NOVEMBER 2010 THE NATIONAL ASSEMBLY ADOPTED
THE ACT REGARDING THE SITING OF SPATIAL ARRANGEMENTS OF NATIONAL
SIGNIFICANCE IN PHYSICAL SPACE (ZUPUDPP) WITH THE FOLLOWING TEXT:
THE ACT
REGARDING THE SITING OF SPATIAL ARRANGEMENTS OF NATIONAL SIGNIFICANCE
IN PHYSICAL SPACE (ZUPUDPP)
I.
General Provisions
Article 1
(Subject of the Act)
(1) This Act sets forth spatial arrangements of national significance, it regulates the content and
procedure for the preparation of the National Spatial Plan (hereinafter referred to as: "the Plan")
and also sets forth the manner in which this procedure shall be conducted in combination with
the procedure regarding a strategic environmental assessment and the procedure regarding a
environmental impact assessment in accordance with regulations regulating environmental
protection and the procedure regarding the assessment of the acceptability in accordance with
regulations regulating the conservation of nature.
(2) This Act also regulates the permission for siting in physical space and certain questions
regarding:
- provisional implementation measures for the protection of spatial planning and management
in the area of Plans,
- the determination of boundaries and land allotment in the area of Plans, and
- the acquisition of real estate and rights over such real estate for the implementation of
spatial arrangements arranged with Plans.
(3) In relation to the acquisition of real estate and rights over such real estate referred to in
indent (3) of the preceding paragraph, this Act also regulates the method for assessing the value
of real estate and rights over such real estate and compensation for damage and other costs.
(4) For questions regarding spatial planning which are not regulated by this Act, the Spatial
Planning Act (Official Gazette of the Republic of Slovenia, No. 33/07, 70/08 – ZVO-1B and
108/09; hereinafter: “ZPNačrt”) shall apply.
II.
Spatial Arrangements of National Significance
Article 2
(Spatial Arrangements of National Significance)
(1) Spatial arrangements of national significance are spatial arrangements which are important
for the spatial development of the Republic of Slovenia due to their economic, social, cultural
and conservational features while taking into account the goals of spatial planning. Spatial
arrangements of national significance are planned by the State.
(2) Spatial arrangements referred to in the preceding paragraph are spatial arrangements from
the fields of:
- road infrastructure,
- railway infrastructure,
- air transport infrastructure,
- maritime and river transport infrastructure,
- border crossings,
- transport terminals,
- energy industry infrastructure for electricity supply
- energy industry infrastructure for natural gas and oil supply;
- nuclear facilities;
- mining;
- public communication network and State authorities’ communication network,
- environment protection;
- meteorology;
- water infrastructure,
- defence of the State and
- protection against natural and other disasters.
(3) Spatial arrangements referred to in Paragraph 1 of this Article shall also be spatial
arrangements in:
- the area of coastal fringe land;
- protected areas for nature conservation and
- protected areas of cultural monuments.
(4) The Government of the Republic of Slovenia (hereinafter referred to as: “the Government”)
shall lay down criteria and conditions as to when spatial arrangements referred to in Paragraphs
2 and 3 of this Article shall be spatial arrangements of national significance.
III.
Plan
1.
General provisions
Article 3
(Purpose)
(1) The Plan is a spatial planning document with which the spatial arrangements of national
significance are planned.
(2) The Plan shall be the basis for the issuing of permission for a siting in physical space
referred to in Article 46 of this Act, for the preparation of designs for the obtaining of a building
permit in accordance with regulations regulating construction, for the preparation of mining
projects intended for research and extraction of mineral resources in accordance with
regulations regulating mining.
(3) The Plan must not be contrary to the national strategic spatial planning document.
(4) Upon the entry into force of the Plan it shall be deemed that municipal spatial planning
documents are modified or amended in parts and for arrangements which shall be determined
by the Decree referred to in Paragraph 2 of Article 37 of this Act. The municipality shall present
in its spatial planning documents the zone of the Plan in its spatial planning unit.
Article 4
(Strategic environmental assessment and Environmental Impact Assessment of the Plan)
(1) When in accordance with regulations regulating environmental protection and nature
conservation either a procedure regarding a strategic environmental assessment, or the
procedure regarding the assessment of the acceptability of the Plan, or the environmental
impact assessment should be carried out for the planned spatial arrangements these procedures
shall be carried out together with the Plan preparation procedure.
(2) When together with the Plan preparation procedure the procedure regarding the strategic
environmental assessment and the procedure regarding the environmental impact assessments
shall be carried out, these procedures, if not stipulated otherwise by this Act, shall be carried out
in accordance with regulations regulating environmental protection and in the case of the
assessment regarding the acceptability of the Plan in accordance with regulations regulating
nature conservation.
(3) Notwithstanding the provisions of Paragraph (1) of this Article, the procedure regarding the
environmental impact assessment shall not be carried out within the Plan preparation procedure
when:
- it is not known whether for activities affecting the environment arranged with the Plan, , the
environmental impact assessment should be carried out in accordance with regulations
regulating environmental protection or
- it is not possible to provide all contents for the prescribed bases necessary for the
implementation of the procedure regarding the environmental impact assessment.
2.
The Content and Form of the Plan
Article 5
(The Content of the Plan)
(1) Planned spatial arrangements, the zone of the Plan and spatial implementation conditions for
the implementation of the planned spatial arrangements shall be determined with the Plan.
(2) The Plan shall contain:
- a presentation and description of the zone of the Plan and
- a presentation and description of the siting of a planned spatial arrangement within the
physical space with spatial implementation conditions.
(3) A Minister responsible for the environment (hereinafter referred to as: “the Minister”) shall lay
down in detail the content, form and method of preparation of the Plan.
Article 6
(The Zone of the Plan)
(1) The zone of the Plan shall be the area intended for the implementation of individual spatial
arrangements of national significance including the provision of the necessary substitution plots
of land for mitigation and countervailing measures under regulations on nature conservation.
(2) The zone of the Plan shall be designated with a boundary, in particular in such a manner that
with regard to conditions and limitations in the physical space and in accordance with particulars
from expert bases it shall cover surfaces on which the following is planned:
- spatial arrangements including surfaces necessary for their unhampered use;
- arrangements which are necessary for the operation of spatial arrangements and surfaces
on which arrangements which are necessary due to adaptations of existing arrangements
are planned and
- surfaces on which facilities and other arrangements are envisaged and which will be
necessary only during the construction or the implementation of works.
(3) The zone of the Plan shall be determined so that it is possible to designate its boundary on
the ground and present it in the land cadastre, in particular with technical elements which will
enable a transposition of new boundaries of plots on the ground in accordance with regulations
regulating real estate registration.
(4) In a manner referred to in Paragraph (2) of this Article the area of alternatives or the area of
justified solutions referred to in Paragraph (2) of Article 24 of this Act shall also be set forth. In
the determination of this area the possibility for the implementation of preparatory works referred
to in Article 30 of this Act and the possibility for modifications regarding solutions of the planned
spatial arrangements during the phase of public exhibition and debate of the proposal of the
Plan referred to in Paragraph (2) of Article 35 of this Act shall be taken into consideration.
Article 7
(Siting of the Planned Spatial Arrangement within Physical Space)
(1) A siting of a planned spatial arrangement within physical space shall be determined within
the Plan as a situation presentation of a planned siting of facilities and other activities affecting
the environment including municipal equipment and other public infrastructure and constructed
public assets with a presentation and description of functional, technical and design conditions
and solutions and with the determination of its area.
(2) The planned siting referred to in the preceding paragraph shall also cover facilities and other
activities affecting the environment which shall be removed, reconstructed or the use of which
shall be altered by reason of the Plan.
Article 8
(Spatial Implementation Conditions)
-
For each spatial arrangement spatial implementation conditions shall be determined in the
Plan which shall determine:
conditions with regard to the intended use of activities affecting the environment, their
location, size and design;
conditions with regard to transport and service hubs or the transposition of public
infrastructure and constructed public assets and connecting spatial arrangements to them;
criteria and conditions for land allotment;
conditions for the integrated conservation of cultural heritage, nature conservation,
environmental protection and natural assets, water management, human health protection,
defence of the State and protection against natural and other disasters;
stages of the implementation of a spatial arrangement, and
other conditions and requirements for the implementation of the Plan.
Article 9
(Permissible Deviations)
The size of deviations from functional, design and technical solutions which are permissible in
the preparation of a project for the obtaining of a building permit in accordance with regulations
regulating construction or a mining project in accordance with regulations regulating mining may
be determined in the Plan when new solutions within the framework of deviations do not change
the planned visual appearance of the area, do not degrade living and working conditions in the
zone of the Plan or in neighbouring areas, and when these solutions are not contrary to the
public interest. The project’s consent authorities whose responsibilities are interfered with by
these deviations must agree with permissible deviations.
Article 10
(Permissible Additional Spatial Arrangements)
(1) In addition to the implementation of the planned spatial arrangements referred to in Article 5
of this Act, because of an efficient utilization of physical space within the zone of the Plan in
force the implementation of additional spatial arrangements which are not planned with the Plan
shall also be permissible, provided that:
- it concerns spatial arrangements of public infrastructure or constructed public assets and
connections to them;
- it concerns spatial arrangements for which the procedure regarding a strategic environmental
assessment or the procedure regarding a environmental impact assessment do not need to
be carried out;
- prior consent of the Investor or managing authority of the spatial arrangement from the Plan
shall be obtained for solutions regarding their siting and that
- the project’s consent authorities whose responsibilities for these deviations are interfered
with agree with them.
(2) In a case of the issued consent referred to in indents (3) and (4) of the preceding paragraph it
is considered that the compliance of these facilities with a spatial planning document is ensured
in accordance with regulations regulating construction if the Plan does not explicitly prohibit
these facilities.
(3) Provisions of this Article shall also apply in areas of National Spatial Plans adopted pursuant
to ZPNačrt, National Detailed Plans adopted pursuant to the Spatial Planning Act (Official
Gazette of the Republic of Slovenia, Nos. 110/02, 8/2003 corr., 58/03-ZZK-1, 33/07-ZPNačrt
and 108/09-ZGO-1C; hereinafter referred to as: ”ZUreP”-1) and Spatial Implementation Plans
which have been adopted pursuant to the Act on urban planning and other forms of land use
(Official Gazette of the Socialistic Republic of Slovenia, Nos. 18/84, 37/85, 29/86 and 26/90, and
Official Gazette of the Republic of Slovenia, Nos. 3/91, 18/93, 47/93, 71/93, 44/97 and 9/01 –
ZPPreb; hereinafter referred to as: ”ZUN”) by the State.
Article 11
(The Form of the Plan)
(1) The Plan shall contain graphic and textual parts and mandatory appendices. It shall be made
in a digital form and archiving and its inspection shall be provided for in digital and analogue
form.
(2) The textual part of the Plan shall be a Decree with which the Plan shall be issued by the
Government. Together with the Decree that part of the graphical part of the Plan from which the
zone of the Plan is delineated shall also be published in the Official Gazette of the Republic of
Slovenia.
(3) When together with the Plan preparation procedure the procedure regarding the
environmental impact assessment has been carried out, an environmental impact report and
environmental protection consent shall also be mandatory annexes to the Plan.
3.
Participants in the Plan Preparation Procedure
Article 12
(Initiator, Co-ordinator, Investor, Producer)
(1) An initiator for the preparation of the Plan (hereinafter referred to as: “the Initiator”) shall be
the ministry whose area of work includes a spatial arrangement for the planning of which the
initiation is being given.
(2) A co-ordinator for the preparation of the Plan (hereinafter referred to as: “the Co-ordinator”)
shall be the ministry responsible for spatial planning. The Co-ordinator shall lead and co-ordinate
the preparation of the Plan.
(3) The Initiator and Co-ordinator shall be responsible for the preparation of the Plan.
(4) An investor under this Act shall be a person who orders the production of the Plan or a
person who implements the planned spatial arrangements arranged with the Plan.
(5) The producer of the Plan (hereinafter referred to as: “the Producer”) shall be the spatial
planner in accordance with regulations regulating spatial planning who produces the Plan in all
its phases of preparation.
Article 13
(National Spatial Planning Stakeholders)
(1) National Spatial Planning Stakeholders in the Plan preparation procedure shall be ministries
which participate in the procedure for the preparation of the Plan with guidelines, data, expert
bases, directions and data from their own strategic Plans and with opinions and potential
conditions for a detailed planning or project conditions.
(2) National Spatial Planning Stakeholders are Protection and other Spatial Planning
Stakeholders.
(3) Protection Spatial Planning Stakeholders who in accordance with their responsibilities in their
area of work may participate in the Plan preparation procedure shall be:
- the ministry responsible for agriculture;
- the ministry responsible for forestry;
- the ministry responsible for hunting and fisheries;
- the ministry responsible for veterinary work;
- the ministry responsible for environmental protection;
- the ministry responsible for nature conservation;
- the ministry responsible for water management;
- the ministry responsible for cultural heritage protection;
- the ministry responsible for health;
- the ministry responsible for protection against natural and other disasters.
(4) Other Spatial Planning Stakeholders who in accordance with their responsibilities in their
area of work may participate in the Plan preparation procedure shall be:
- the ministry responsible for transport;
- the ministry responsible for energy;
- the ministry responsible for mining;
- the ministry responsible for meteorology;
- the ministry responsible for seismology and geology;
- the ministry responsible for electronic communication;
- the ministry responsible for defence;
- the ministry responsible for border crossings;
- the ministry responsible for police;
- the ministry responsible for customs administration.
(5) When sectoral regulations set forth that tasks or responsibilities of a Spatial Planning
Stakeholder shall not be carried out by a ministry but by a body affiliated to the ministry, a public
institution or any other authority or organisation, this entity shall be considered to be a Spatial
Planning Stakeholder. Ministries which do not carry out the duties of a Spatial Planning
Stakeholder by themselves, must notify the ministry responsible for spatial planning who these
entities are and also inform it about potential changes.
Article 14
(Local Spatial Planning Stakeholders)
(1) A Local Spatial Planning Stakeholder in the Plan preparation procedure shall be a
municipality the area of which or a part of which is covered by the zone of the Plan.
(2) Notwithstanding the organisation of the implementation of local matters of public significance
a municipality shall provide for a uniform representation of all local public interests in the Plan
preparation procedure towards a Co-ordinator and other participants in the procedure for the
preparation of the National Spatial Plan.
Article 15
(Spatial Planning Conference – Role and Composition)
(1) A Spatial Planning Conference is a permanent working group of a Co-ordinator and National
Spatial Planning Stakeholders which by means of regular mutual co-ordination and agreement
determine activities necessary for an efficient preparation of Plans and co-ordinate various
public interests linked to the procedure for their preparation.
(2) A Co-ordinator and a National Spatial Planning Stakeholder is represented in the Spatial
Planning Conference by a member. Members are directors-general in ministries, directors of
bodies affiliated to ministries, directors of public institutions and heads of other authorities and
organisations which carry out the duties of National Spatial Planning Stakeholders.
(3) In addition to representatives of a Co-ordinator and Spatial Planning Stakeholders a
permanent member of the Spatial Planning Conference shall also be an appointed
representative of an authority responsible for surveying and mapping issues with the aim of
verifying the availability and appropriateness of surveying bases for an area for which an
Initiative has been given, and an appointed representative of a ministry responsible for
environmental protection which makes decisions in the procedure regarding a strategic
environmental assessment and environmental impact assessment.
(4) Members of the Spatial Planning Conference shall also be a respective Initiator and Investor.
Article 16
(Spatial Planning Conference – Functioning)
(1) A Spatial Planning Conference shall address every Plan upon the obtaining of guidelines by
Spatial Planning Stakeholders and also in other cases when a Co-ordinator assesses that this is
necessary.
(2) A representative of the Co-ordinator shall convene and lead a Spatial Planning Conference
and include in it the discussion of Plans.
(3) A Spatial Planning Conference shall function at regular monthly sessions, and the Coordinator may convene an extraordinary session if this is demanded by the circumstances
concerning the preparation of the Plan.
(4) Members of a Spatial Planning Conference should strive for such solutions and conditions
which by taking into account fundamental principles of spatial planning and the provision and
protection of public interests represented by them enable the planning and implementation of the
envisaged spatial arrangements.
(5) The functioning of a Spatial Planning Conference shall be regulated in detail by Rules
prepared by the ministry responsible for spatial planning and approved by the Government.
4.
The Plan Preparation Procedure
4.1. Decision-making regarding Plan Preparation
Article 17
(Initiative)
(1) An Initiator shall prepare an Initiative and harmonise it with a Co-ordinator.
(2) The Initiative must include the following:
- an indication of the Investor and managing authority which will manage the executed spatial
arrangements if known;
- an analysis of conditions which includes the presentation of the state of the physical space
and environmental basic position and description of reasons for the planning of proposed
spatial arrangements,
- definition of development possibilities and goals regarding the proposed spatial
arrangements;
- a justification of compliance of the proposed spatial arrangements with national programmes,
strategies and other development instruments and documents;
- a definition of conceptual solutions regarding proposed spatial arrangements prepared on the
basis of all publicly available data with a proposal of executable alternatives regarding these
spatial arrangements or justifications if alternatives are not reasonable, and their areas;
- a cost assessment regarding the Plan preparation when possible on the basis of the
available data and also an indicative evaluation regarding the investment value of other
phases of the project implementation together with envisaged financial sources.
(3) The Initiative should be prepared in accordance with regulations regulating the content of the
application on the intention for the Plan preparation in the procedure regarding a strategic
environmental assessment.
(4) In the preparation of the Initiative it is necessary to derive information from all publicly
available data and it must be stated which are these data and their sources.
(5) When an Investor is a user of public funds an integral part of the Initiative shall be a
document concerning the identification of an investment project in accordance with regulations
regulating public finance.
(6) The implementing regulation referred to in Paragraph (3) of Article 5 of this Act shall lay down
the form and the method for the preparation of the Initiative.
Article 18
(Work with Initiative)
(1) A Co-ordinator shall submit a harmonised Initiative to all National Spatial Planning
Stakeholders referred to in Article 13 herein to give guidelines about it and to the ministry
responsible for a strategic environmental assessment to decide about the necessity for the
implementation of the procedure regarding the strategic environmental assessment. The
Initiative shall also be submitted to municipalities to which the area of the Initiative relates and it
shall be simultaneously published on its web pages.
(2) If the Co-ordinator receives more Initiatives for a certain zone, he shall evaluate whether it
would be reasonable to unite these Initiatives due to their functional connection and prepare one
Plan for them. When it is determined that it is reasonable to unite Initiatives, the Initiators of
these Initiatives shall unite them prior to their submission to the National Spatial Planning
Stakeholders, the ministry responsible for a strategic environmental assessment, and
municipalities and prior to the publication on web pages of the Co-ordinator.
Article 19
(Guidelines, Directions and Data of Spatial Planning Stakeholders
and Proposals of the Public)
(1) All National Spatial Planning Stakeholders must within a period of 30 days from the receipt of
the Initiative give to the Co-ordinator guidelines for the planning of spatial arrangements or their
zones under their responsibility or communicate to the Co-ordinator that planned spatial
arrangements do not relate to their areas of work and that therefore their further participation in
the procedure shall not be needed.
(2) In addition to guidelines National Spatial Planning Stakeholders must give to a Co-ordinator
within the period referred to in the preceding paragraph all data and expert groundwork under
their management and planning responsibility which relate to the planned spatial arrangements
and which are not publicly available.
(3) When sectoral regulations set forth that the tasks or responsibilities of a Spatial Planning
Stakeholder shall not be carried out by a ministry but by a body affiliated to the ministry, a public
institution or any other authority or organisation, National Spatial Planning Stakeholders, within
the period referred to in Paragraph (1) of this Article, shall submit guidelines and data to the
responsible sectoral ministry which shall harmonize and unify them and submit them to the Coordinator within a period of 45 days from the receipt of the Initiative.
(4) When National Spatial Planning Stakeholders or a responsible sectoral ministry does not
give guidelines within the period referred to in Paragraph (1) or Paragraph (3) of this Article, it is
considered that they do not have them whereby in its further work the Co-ordinator and the
Initiator should take into consideration all requirements which are set forth for the planning of the
envisaged spatial arrangement by sectoral regulations.
(5) Within the period referred to in Paragraph (1) of this Article a municipality shall submit to a
Co-ordinator guidelines from the perspective of implementing its local public services and its
directions linked to its interests in the zone of the Plan, in particular from the aspect of its
executed spatial arrangements, spatial arrangements planned with existing spatial documents
and spatial arrangements which are only just being planned by municipalities. The municipality
shall submit to the Co-ordinator also all data under its responsibility which are important for the
preparation of the Plan and have not been taken into consideration in the preparation of the
Initiative. If the municipality does not submit guidelines, directions and data within this period it
shall be considered that it does not have any.
(6) A ministry responsible for the strategic environmental assessment shall decide within the
period referred to in Paragraph (1) of this Article whether the strategic environmental
assessment regarding the execution of the Plan should be carried out for the Plan.
(7) The public has the possibility to give proposals, recommendations, directions, opinions and
initiatives (hereinafter referred to as: ”Proposals of the Public”) about the Initiative on web pages
of the Co-ordinator within a period of 30 days from the publication of the Initiative. The Coordinator and Initiator may also during this period organise a consultation with the aim of a more
detailed notification of the public.
Article 20
(Analysis of Guidelines, Data and Proposals of the Public)
(1) Upon the receipt of guidelines, data, expert bases and Proposals of the Public a Co-ordinator
and an Initiator together with an Investor and Producer shall analyse them within a period of 30
days. The purpose of the analysis shall be to determine which data and expert bases, while
taking into consideration the guidelines, will still need to be obtained and what shall be the extent
of tasks linked to this. In the analysis it shall also be verified whether any conflicting public
interests exist in the zone of the proposed spatial arrangements.
(2) On the basis of the analysis a Co-ordinator shall prepare a Draft Decision on the Plan
preparation which shall be submitted together with the analysis to members of a Spatial
Planning Conference prior to the implementation of its session.
Article 21
(Spatial Planning Conference)
On the basis of the analysis and a Draft Decision on the Plan preparation referred to in the
preceding Article members of the Spatial Planning Conference shall coordinate and agree
regarding activities necessary for the obtaining of all data and expert bases for which it has been
determined in the guidelines that with the aim of taking into consideration regulations shall be
obtained and used in the planning of the spatial arrangements envisaged in the Initiative.
Related tasks, their deadlines and financing shall be determined with the Decision on the Plan
preparation.
Article 22
(Decision on the Plan Preparation)
(1) A decision on the preparation of the Plan (hereinafter referred to as: “the Decision”) shall be
prepared by a Co-ordinator and harmonised with an Initiator.
(2) The Decision shall include at least:
- the goals of the planned spatial arrangement;
- a description of the planned spatial arrangement with basic characteristics;
- a designation of an indicative zone and municipalities in the area of which the planned spatial
arrangement is expected to be planned;
- an indication of an Initiator and Investor of the Plan;
-
an indication of National and Local Spatial Planning Stakeholders who participate in the Plan
preparation procedure,
an indication of the decision regarding the obligation of an implementation of a strategic
impact assessment and the assessment regarding the acceptability of the Plan;
the obligations of an Initiator, Co-ordinator and Investor in relation to the preparation of the
Plan and its financing;
the obligations of Spatial Planning Stakeholders with regard to the obtaining of data and
expert bases necessary for the planning of spatial arrangements and related deadlines and
financing;
a list of expert bases with regard to the phase in which these are prepared;
a method of the obtaining of expert solutions.
(3) A Decision shall be adopted by the Government and submitted to a Co-ordinator, Initiator,
Investor and all Spatial Planning Stakeholders referred to in indent (5) of the preceding
paragraph. A Co-ordinator shall publish the Decision on its web pages.
Article 23
(Effects of a Decision on Plan Preparation – Provisional Implementation Measures
For Protection of Spatial Planning and Management)
(1) Upon the adoption of the Decision on the Plan Preparation an Initiator or a Co-ordinator may
propose to the Government the adoption of provisional measures for the protection of spatial
planning and management under ZureP-1. Together with the Decree referred to in Paragraph (1)
of Article 81 of ZureP-1 the graphical part shall also be published from which the area of
provisional measures for the protection of spatial planning and management is clearly
delineated.
(2) The Government shall adopt the Decree regarding the provisional measures for the
protection of spatial planning and management pursuant to the Decision on the Plan
preparation.
(3) It is deemed that the prohibition of adopting modifications of spatial planning documents
referred to in Paragraph (1) of Article 83 of ZureP-1 shall also refer to the adoption of new spatial
planning documents.
(4) It is deemed that the prohibition of the execution of constructions referred to in Paragraph (1)
of Article 83 of ZureP-1 shall mean the prohibition of the issuing of building permits, mining and
other permits the purpose of which is the execution of activities affecting the environment except
for the constructions referred to in Paragraph (2) of Article 83 of ZureP-1.
4.2. Planning of Alternatives
Article 24
(Planning and Study of Alternatives)
(1) Spatial arrangements which are the subject of the Plan, while taking into consideration
guidelines, data, expert bases and proposals of the public, shall be planned as a general rule in
alternatives both with regard to their locations and with regard to technical and technological
solutions. Alternatives may also be obtained by a public call to tender which shall be
implemented under the procedure in accordance with regulations regulating construction.
Alternatives shall be evaluated and compared from the spatial planning, protection, functional
and economic point of view and assessed from the point of aspect of acceptability in the local
environment in the study of alternatives. A study of alternatives shall provide an explanatory
proposal regarding the most suitable alternative with a proposal for the zone (hereinafter
referred to as: “the Alternative”).
(2) If spatial planning arrangements are not planned in Alternatives, reasons for this should be
specifically justified. In this case in a study of Alternatives for the envisaged spatial arrangement
a justified solution with a proposal for the zone (hereinafter referred to as: “the Solution”) shall
be prepared which shall be evaluated according to the aspects referred to in the preceding
paragraph.
(3) When a procedure regarding a strategic environmental assessment should be carried out for
the Plan, an environmental report shall be produced for it. In a study of Alternatives only
Alternatives positively evaluated by means of an environmental report shall be discussed or a
Solution positively evaluated by means of an environmental report. A study of Alternatives with a
proposal of the most suitable Alternative or Solution in a procedure regarding a strategic
environmental assessment shall be considered to be a Plan in accordance with regulations
regulating environmental protection.
(4) When an Investor is a user of public funds a study of Alternatives with a proposal of the most
suitable Alternative or Solution shall be considered as a pre-investment assessment in
accordance with regulations regulating public finance.
Article 25
(Notification of the Public with a Study of Alternatives)
(1) A Co-ordinator and Initiator must provide a notification to the public with a study of
Alternatives and a proposal of the most suitable Alternative or Solution within the framework of a
public exhibition which shall last for at least 30 days and during this time provide for its public
debate.
(2) When a procedure regarding a strategic environmental assessment needs to be carried out
and the ministry responsible for a strategic environmental assessment has determined that the
environmental report is adequate the environmental report shall also be exhibited together with
documents referred to in Paragraph (1) of this Article.
(3) A Co-ordinator shall notify the public with a public notification on its web pages and in a
manner normal for the locality at least seven days prior to the public exhibition about:
- the time and place of a public exhibition and an internet address where a study of
Alternatives with a proposal of the most suitable Alternative or Solution is presented in an
electronic form;
- the time and place of public debate and
- a method of giving comments and proposals by the public and the time period for their
submission.
(4) A public exhibition shall be carried out in the area of municipalities which are covered by
Alternatives or Solutions and at the registered office of a Co-ordinator. A public debate shall be
carried out in a municipality in which the Alternatives or Solutions are planned. If there are
several municipalities, public debates may be unified.
(5) During the notification of the public the public shall have the right to give comments and
proposals about the study of Alternatives with a proposal of the most suitable Alternative or
Solution and the environmental report.
(6) A Co-ordinator, Initiator, Investor and Producer shall examine comments and proposals of
the public. Within a period of 60 days a Co-ordinator and Initiator shall take a standpoint on
comments and proposals given within the framework of the notification of the public, and a Coordinator shall publish such a standpoint on its web pages and submit it to municipalities. If
comments refer to the spatial arrangements which are not the subject of a study of Alternatives a
Co-ordinator and Initiator shall not discuss them. In the preparation of a standpoint they shall
also take into consideration a view about comments given in the procedure regarding a strategic
environmental assessment which shall be prepared by the ministry responsible for a strategic
environmental assessment.
(7) Data which due to defence or other security reasons are designated as confidential shall be
handled within the framework of the notification of the public in accordance with regulations
regulating confidential data.
(8) When cross-border impacts of the planned spatial arrangements are determined the deadline
referred to in Paragraph (1) of this Article shall be replaced with a time period agreed upon in
compliance with regulations regulating environmental protection.
Article 26
(Notification of the Public with a Study of Alternatives)
(1) During the notification of the public referred to in the preceding Article municipalities which
are covered by Alternatives or Solutions shall submit to a Co-ordinator an opinion regarding the
taking into consideration of guidelines from the perspective of implementing their local public
services and other comments and proposals about the presented material. In addition to the
opinion municipalities may also submit conditions for detailed planning of the proposal of the
most suitable Alternative or Solution from the perspective of implementing their local public
services. If municipalities do not give an opinion or conditions for detailed planning or comments
and proposals within this period it is considered that they have none.
(2) A Co-ordinator and Initiator shall examine comments and proposals of municipalities and
within the framework of the standpoint referred to in the Paragraph (6) of the preceding Article
they shall take a position with regard to them. If comments refer to spatial arrangements which
are not the subject of a study of Alternatives a Co-ordinator and Initiator shall not discuss them.
Article 27
(Supplementation of the Proposal of the Most Suitable Alternative or Solution
and the First Opinion of Spatial Planning Stakeholders)
(1) Upon the publication of standpoints with regard to comments and proposals of the public and
municipalities a Producer shall supplement and conclude a study of Alternatives, a proposal of
the most suitable Alternative or Solution and Environmental Report and explain how guidelines
of Spatial Planning Stakeholders have been taken into consideration.
(2) A Co-ordinator shall submit a study of Alternatives with a proposal of the most suitable
Alternative or Solution to a National Spatial Planning Stakeholder to provide the first opinions
about it within 30 days. At the same time they shall also submit it to the ministry responsible for a
strategic environmental assessment.
(3) In opinions referred to in the preceding paragraph National Spatial Planning Stakeholders
shall take a standpoint with regard to the taking into consideration of their guidelines referred to
in Paragraph (1) of Article 19 of this Act, and if guidelines have not been given, as to whether all
requirements set forth for the planning of the envisaged spatial arrangement by sectoral
regulations have been taken into consideration, and they shall submit their opinions to a Coordinator.
(4) In addition to the determining of taking into consideration of guidelines or requirements set
forth for the planning of the envisaged spatial arrangement by sectoral regulations National
Spatial Planning Stakeholders shall also give conditions in their opinions for detailed planning
concerning the proposal of the most suitable Alternative or Solution.
(5) When sectoral regulations set forth that tasks or responsibilities of a Spatial Planning
Stakeholder shall not be carried out by the ministry but by a body affiliated to the ministry, a
public institution or any other authority or organisation, Spatial Planning Stakeholders shall
submit within the period referred to in Paragraph (2) of this Article opinions and conditions for
detailed planning to the responsible sectoral ministry which harmonizes and unifies them and
submit them to the Co-ordinator within a period of 45 days from the receipt of a study of
Alternatives with a proposal of the most suitable Alternative or Solution.
(6) When National Spatial Planning Stakeholders or the responsible sectoral ministry within the
period referred to in Paragraphs (2) or (5) of this Article do not give a first opinion or conditions
for detailed planning it is considered that their guidelines or requirements which are set forth for
the planning of the envisaged spatial arrangement by sectoral regulations have been taken into
consideration or that they have no detailed conditions for planning. A Co-ordinator and Initiator
in this case shall continue with the preparation of the Plan whereby all requirements which are
set forth for the planning of the envisaged spatial arrangement by regulations in force have to be
taken into consideration.
(7) If a strategic environmental assessment needs to be carried out for the Plan in opinions
referred to in Paragraph 2 of this Article, Protection Spatial Planning Stakeholders shall take a
position also about the acceptability of environmental impacts of a proposal of the most suitable
Alternative or Solution. Protection Spatial Planning Stakeholders shall submit these opinions to a
Co-ordinator and the ministry responsible for a strategic environmental assessment.
Article 28
(A Proposal of the Most Suitable Alternative or Solution and Spatial Planning Conference)
(1) Upon obtaining the first opinions a Co-ordinator and Initiator shall agree or supplement a
proposal of the most suitable Alternative or Solution and together with a final positive decision of
the ministry responsible for a strategic environmental assessment which has been issued in a
procedure regarding a strategic environmental assessment, and submit it to the Government for
its approval.
(2) When it is not possible to propose a harmonised proposal of the most suitable Alternative or
Solution to the Government for its approval, a Co-ordinator may convene a session of a Spatial
Planning Conference with the aim of facing the various public interests and harmonising them.
(3) Notwithstanding the provision of the preceding paragraph a Co-ordinator and Initiator may
also submit to the Government a proposal of the most suitable Alternative or Solution also if in
the procedure regarding the assessment of the acceptability a negative decision is issued and in
the procedure regarding the prevalence of the public benefit in accordance with regulations
regulating nature conservation another benefit has prevailed over the public benefit concerning
nature conservation.
4.3. Approval of the Proposal of the Most Suitable Alternative or Solution
Article 29
(Approval of the Proposal of the Most Suitable Alternative or Solution)
The Government shall approve a proposal of the most suitable Alternative or Solution by means
of a Decision and submit the Decision about it to a Co-ordinator, Initiator, Investor and all Spatial
Planning Stakeholders referred to in indent (5) of Paragraph (2) of Article 22 of this Act. A Coordinator shall publish the Decision on its web pages.
Article 30
(Effects of Approval of Alternative or Solution)
(1) Upon the adoption of a Decision on the approval of an Alternative or Solution an Investor
shall ensure the production of expert bases for detailed planning and the production of a
geodetic plan and a land allotment plan and it may start with procedures for the determination of
boundaries. With this purpose it may have access to the pieces of land in the zone of the
approved Alternative and conduct measurements and researches of the terrain and related
works; it may also carry out activities related to the value of the real estate and evaluation of
compensation (hereinafter referred to as: “the Preparatory Works”).
(2) An Investor shall notify owners of pieces of land by means of registered mail with an
acknowledgment of receipt regarding the implementation of Preparatory Works at least eight
days prior to the commencement of the implementation of these works.
(3) Owners of pieces of land must allow access to them to persons who, under the authorisation
of an Investor, are performing the Preparatory Works.
(4) An Investor is obliged to pay compensation for damages under the rules of the Civil Law to
an owner of a piece of land which suffers damage due to the implementation of Preparatory
Works.
(5) Upon the adoption of the Decision on the approval of an Alternative or Solution, an Investor
may start with contractual acquisition of real estate in the zone of the approved Alternative or
Solution.
4.4. Planning of Approved Alternative or Solution
Article 31
(Detailed Planning of Approved Alternative or Solution)
(1) Detailed technical solutions shall be prepared for an approved Alternative or Solution at least
with the content as is set forth in accordance with regulations regulating constructions for a draft
design. On the basis of such prepared technical solutions the planned spatial arrangements
shall be sited in physical space in detail and the boundary of their zones shall be designated so
that it will be possible to designate them on the ground and present them in the land cadastre.
The Producer shall produce a draft of the Plan for such a prepared approved Alternative or
Solution.
(2) A draft of the Plan must also be prepared in accordance with regulations regulating the
content of the project concerning the intended activity affecting the environment.
Article 32
(Environmental Impact Assessment of the Draft Plan)
(1) When for spatial arrangements arranged with the Plan a procedure regarding an
environmental impacts assessment needs to be carried out and it is not one of the cases
referred to in Paragraph (3) of Article 4 of this Act an Investor must request the ministry
responsible for the environmental impact assessment to issue an environmental protection
consent and notify a Co-ordinator about it. The ministry responsible for environmental protection
shall, within a period of 30 days from the receipt of a complete application, submit a draft of the
decision on environmental consent to an Investor and a Co-ordinator.
(2) When an environmental report referred to in Paragraph (3) of Article 24 of this Act is
prepared in such detail that it satisfies the content as laid down for the content of the
environmental impact report this shall be produced only for those contents which have not
already been discussed in the environmental report.
Article 33
(Notification of the Public about Draft Plan)
(1) A Co-ordinator and Initiator must provide a notification to the public about a Draft Plan within
the framework of a public exhibition which shall last for at least 30 days and during this time
provide for its public debate.
(2) When within the Plan preparation procedure the procedure regarding an environmental
impact assessment is also carried out an environmental impact report and a draft decision on
environmental protection consent shall also be exhibited together with the Draft Plan in
accordance with regulations regulating environmental protection.
(3) A Co-ordinator shall notify the public by means of a public notification on its web pages and
in a manner normal to the locality at least seven days prior to the public exhibition about:
- the place and time of the public exhibition and the web address where documents referred to
in Paragraphs (1) and (2) of this Article are accessible in an electronic form,
- the place and time of the public debate,
- a method of giving comments and proposals by the public and the time period for their
submission, and
-
other data about which the public must be notified in accordance with regulations regulating
environmental protection within the procedure regarding an environmental impact
assessment when together with the Plan preparation procedure the procedure regarding an
environmental impact assessment is also carried out.
(4) A public exhibition shall be carried out in the area of municipalities which are covered by a
Draft Plan and at the registered office of a Co-ordinator. A public debate shall be carried out in
the municipality in which the spatial arrangement is planned. If there are several municipalities,
public debates may be unified.
(5) During the notification of the public the public has the right to give comments and proposals
about the Draft Plan. The public shall also have the right to give opinions and comments about
the environmental impact report and a draft decision on environmental protection consent and
file an application to enter the procedure for the issue of the environmental protection consent.
(6) Upon the completion of the notification of the public and upon the return of the
documentation for the environmental impact assessment to the ministry responsible for the
environmental impact assessment a Co-ordinator shall also submit comments and proposals
about this documentation obtained within the procedure regarding the notification of the public.
(7) A Co-ordinator, Initiator, Investor and Producer shall examine the comments and proposals
of the public. Within a period of 60 days a Co-ordinator and Initiator shall take a standpoint with
regard to comments and proposals given within the framework of the notification of the public,
and a Co-ordinator shall publish such a standpoint on its web pages and submit it to
municipalities. If comments refer to the spatial arrangements which are not the subject of a Plan
a Co-ordinator and Initiator shall not discuss them. In the preparation of the standpoint they shall
also take into consideration a view with regard to the comments referred to in the preceding
paragraph which shall be prepared by the ministry responsible for environmental impact
assessment.
(8) Data which due to defence or other security reasons are designated as confidential shall be
handled within the framework of the notification of the public in accordance with regulations
regulating confidential data.
(9) When cross-border impacts of the planned spatial arrangements are determined the deadline
referred to in Paragraph (1) of this Article shall be replaced with a time period agreed upon in
compliance with regulations regulating environmental protection.
Article 34
(Notification of Municipalities with Draft Plan)
(1) During the notification of the public referred to in the preceding Article municipalities shall
give an opinion to a Co-ordinator about the fact whether their guidelines are still being followed
by the Plan and whether conditions referred to in Paragraph (1) of Article 26 of this Act from the
perspective of implementing its local public services and other comments and proposals about
the exhibited documents are being taken into consideration by the proposal of the Plan.
(2) A Co-ordinator and Initiator shall examine comments and proposals of municipalities and
within the framework of the standpoint referred to in Paragraph (7) of the preceding Article they
shall take a position with regard to them. When comments refer to spatial arrangements which
are not the subject of a Plan a Co-ordinator and Initiator shall not discuss them.
Article 35
(The Proposal of the Plan)
(1) On the basis of standpoints with regard to comments and proposals of the public and
municipalities a Producer shall produce a proposal of the Plan and explain how guidelines of
Spatial Planning Stakeholders and potential conditions for detailed planning of a proposal for the
most suitable Alternative or Solution have been taken into consideration in its preparation.
(2) Solutions of the planned spatial arrangements referred to in Article 31 of this Act may be
amended on the basis of standpoints with regard to comments and proposals whereby these
Solutions must still be located within the zone of the Approved Alternative or Solution of these
spatial arrangements. In this case it is necessary to verify whether because of a modification an
environmental impact report needs to be supplemented.
(3) When an Investor is a user of public funds, an investment assessment shall also be
produced within this phase in accordance with regulations regulating public finance.
Article 36
(The Second Opinion of Spatial Planning Stakeholders)
(1) A Co-ordinator shall submit a proposal of the Plan to National Spatial Planning Stakeholders
to give a second opinion about it within a period of 30 days.
(2) In an opinion referred to in the preceding paragraph National Spatial Planning Stakeholders
shall determine whether their guidelines are still being followed in the proposal of the Plan or if
guidelines have not been given whether all requirements set forth for the planning of the
envisaged spatial arrangement by sectoral regulations have been taken into consideration, and
whether in the proposal of the Plan conditions referred to in Paragraph (4) of Article 27 of this
Act are taken into consideration.
(3) In an opinion referred to in Paragraph (1) of this Article National Spatial Planning
Stakeholders shall also give project conditions for the preparation of project documentation in
accordance with regulations regulating construction.
(4) Notwithstanding provisions of regulations regulating construction Spatial Planning
Stakeholders may submit, together with the opinion, a written statement that their opinion shall
also be deemed a consent to project solutions included in the project for acquiring the building
permit which shall be produced on the basis of the Plan.
(5) When sectoral regulations set forth that tasks or responsibilities of a Spatial Planning
Stakeholder are not carried out by a ministry but a body affiliated to the ministry, a public
institution or any other authority or organisation Spatial Planning Stakeholders shall submit,
within the period referred to in Paragraph (1) of this Article, opinions and project conditions for
the preparation of project documentation to the responsible sectoral ministry which harmonizes
and unifies them and submit them to a Co-ordinator within a period of 45 days from the receipt of
the proposal of the Plan.
(6) When National Spatial Planning Stakeholders or the responsible sectoral ministry within the
period referred to in Paragraphs (1) or (5) of this Article shall not give a second opinion or project
conditions for the preparation of the project documentation it shall be deemed that their
guidelines or requirements which are set forth for the planning of the envisaged spatial
arrangement by sectoral regulations have been taken into consideration or that they have no
project conditions for the preparation of the project documentation. A Co-ordinator and Initiator in
this case shall continue with the preparation of the Plan whereby all requirements which are set
forth for the planning of the envisaged spatial arrangement by regulations in force have to be
taken into consideration.
(7) When in the Plan preparation procedure the procedure regarding an environmental impact
assessment is also carried out, in opinions referred to in Paragraph (1) of this Act the Protection
Spatial Planning Stakeholders shall also take a position with regard to the acceptability of the
intended activity. Protection Spatial Planning Stakeholders shall submit these opinions to a Coordinator and the ministry responsible for the environmental impact assessment which must
decide on environmental protection consent within a period of 30 days from the receipt of all
opinions.
(8) A Decree on the Plan must include an indication whether together with the Plan preparation
procedure the procedure regarding an environmental impact assessment has also been carried
out or the reason why this procedure has not been carried out.
(9) The validity of the environmental protection consent obtained in the Plan preparation
procedure shall be 5 years with the possibility of extension for a further 5 years.
4.5. Adoption of Plan
Article 37
(Adoption of Plan)
(1) Upon the obtaining of second opinions and a final environmental protection consent of the
ministry responsible for the environmental impact assessment which has been issued in the
procedure regarding an environmental impact assessment a Co-ordinator and Initiator shall
submit the Proposal of the Plan to the Government for its adoption.
(2) The Government shall adopt the Plan by means of a Decree.
(3) Upon the adoption of the Plan a Co-ordinator shall submit it to a locally responsible
Administrative Unit and municipalities whose area is covered by this Plan.
Article 38
(Effects of Entry into Force of Decree)
(1) Upon the day of the entry into force of a Decree an Investor may file before an authority
responsible for surveying and mapping issues a request for the registration of an arranged
boundary or a request for land allotment.
(2) A procedure concerning the determination of a boundary and a land allotment procedure
shall be carried out as a geodetic service in accordance with regulations regulating geodetic
activity and the Act regulating real estate registration and in accordance with Articles 44 and 45
of this Act.
5.
Special Procedures regarding Plan Preparation
Article 39
(Plan Preparation Procedure without Procedure regarding Environmental Impact Assessment)
When a procedure regarding an environmental impact assessment shall not be carried out
together with the Plan preparation procedure:
1. for a proposal of the most suitable Alternative referred to in Paragraph (1) of Article 24 of
this Act or for a Solution referred to in Paragraph (2) of Article 24 of this Act, a Draft Plan
shall be prepared in accordance with Article 31 of this Act;
2. the already adopted Decision on the Plan preparation referred to in Article 22 of this Act
shall have the effect of an approval of the proposal of the most suitable Alternative or
Solution referred to in Article 30 of this Act;
3. the public and municipalities, in accordance with Article 25 and Article 26 of this Act, shall be
notified about the Draft Plan referred to in Paragraph (1) of Article 33 of this Act and at the
same time a municipality shall also submit to a Co-ordinator an opinion regarding the taking
into consideration of the guidelines from the perspective of implementing its local public
services;
4. opinions of National Spatial Planning Stakeholders referred to in Article 27 of this Act shall
be obtained with regard to the proposal of the Plan produced on the basis of standpoints
with regard to comments and proposals of the public and municipalities which have been
obtained within the framework of the notification referred to in the preceding indent;
5. the procedure referred to in Articles from 32 to 36 inclusive of this Act shall not be carried
out but a Co-ordinator and an Initiator, upon the obtaining of proposals referred to in the
preceding indent, shall submit a supplemented proposal of the Plan to the Government for
its adoption.
Article 40
(Short Procedure regarding Amendments and Modifications of the Plan)
(1) In a short procedure regarding amendments and modifications of the Plan the Plan
preparation procedure shall not be carried out but a Co-ordinator and an Initiator shall submit to
the Government a proposal regarding the modifications and amendments for its adoption and
the Government shall adopt them by means of a Decree. Together with a Decree the graphical
part in which the zone of the Plan is clearly delineated shall be published if this is changed.
(2) A short procedure regarding amendments and modifications of the Plan may also be used
when:
1. due to the determined non-compliance between the graphical delineation of land plots or
spatial arrangements, which are included in the Plan in force, and their definition in its
textual part, their mutual compliance needs to be ensured;
2. provisions regarding the phase implementation of the Plan need to be modified;
3. for the already implemented spatial arrangements from national spatial planning documents
their location needs to be precisely given and in accordance with regulations regulating
construction their maintenance needs to be enabled
4. because of the implementation of spatial arrangements arranged in the Plan the Plan is no
longer needed on the entire area of its arrangement or when the Government in accordance
with this Act shall allow a municipality to plan spatial arrangements of local significance and
it is then determined by the Government that due to them the Plan has ceased to apply to
the specific zone.
Article 41
(Shortened Procedure regarding Modifications and Amendments of the Plan)
(1) Within the zone of the Plan it is permissible to plan additional spatial arrangements with the
aim of efficient utilisation of the physical space unless by means of this the execution, use and
maintenance of the existing or already planned spatial arrangements are prevented.
(2) In the case of a receipt of an Initiative for the planning of additional spatial arrangements a
Co-ordinator must, together with a Spatial Planning Stakeholder in whose area of work the
existing spatial arrangement belongs, verify whether the Initiative fulfils the condition referred to
in the preceding paragraph. In a case where both the existing and the proposed spatial
arrangements belong to the area of work of an Initiator this Initiator must demonstrate the
fulfilment of the condition already referred to in the preceding paragraph in the Initiative.
(3) Additional spatial arrangements shall be planned under a shortened procedure in the
framework of which notwithstanding the provisions of:
1. Paragraph (1) of Article 16 of this Act the implementation of the session of the Spatial
Planning Conference may be suspended if a Co-ordinator assesses that the session is not
needed;
2. Paragraph (1) of Article 19, Paragraph (1) of Article 27 and Paragraph (1) of Article 36 of this
Act the obtaining of guidelines and opinions of those Spatial Planning Stakeholders whose
area of work is not interfered with by additional spatial arrangements may not be
implemented;
3. Paragraph (1) of Article 19, Paragraph (1) of Article 27 and Paragraph (1) of Article 36 of this
Act time periods for the submission of guidelines and opinions may be reduced to 15 days,
and time periods referred to in Paragraph (3) of Article 19, Paragraph (5) of Article 27 and
Paragraph (5) of Article 36 of this Act to 21 days;
4. Paragraph (1) of Article 24 of this Act no Alternatives may be planned;
5. 25., 26., 33. Articles 25, 26, 33 and 34 of this Act the notification of the public and
municipalities may be reduced to 15 days when together with the Plan preparation
procedure the procedure regarding a strategic impact assessment or environmental impact
assessment is not carried out.
(4) Amendments and modifications referred to in this Article shall be adopted by the Government
by means of a Decree. Together with a Decree the graphical part in which the zone of the Plan
is clearly delineated shall be published if this is changed.
6.
Special Forms of Co-operation between State and Municipalities in Planning
Article 42
(Co-operation between State and Municipalities in the Planning of Spatial Arrangements of
Common Significance)
(1) A ministry responsible for spatial planning and a municipality may agree that the municipality
shall plan and adopt a spatial planning document for a specific spatial arrangement of common
national and regional significance, if that is more suitable considering the connection between
the spatial arrangement of national significance with a spatial arrangement of regional or local
significance. Prior to the commencement of the preparation of such a spatial planning document
a ministry responsible for spatial planning and a municipality shall enter into an Agreement in
which obligations with regard to the preparation and adoption of the spatial planning document,
financing of the preparation of the spatial planning document and expert bases and other mutual
obligations important for the preparation of such a spatial planning document shall be
determined.
(2) In the case of a spatial arrangement of common national and regional significance, a
municipality shall plan it with a regional spatial plan or a municipal detailed spatial plan in
accordance with the provisions of ZPNačrt, whereby a Mayor (hereinafter referred to as: "the
Mayor") shall adopt a Decision on the commencement of its preparation following a prior
consent of the Minister.
(3) When a spatial arrangement of a common national and local significance is planned by
means of a municipal detailed spatial plan, such plan must be approved by a ministry
responsible for spatial planning prior to its adoption. When a spatial arrangement of common
national and local significance is planned by means of a municipal spatial Plan, a ministry
responsible for spatial planning shall approve it prior to its adoption under the procedure for
determining the compliance of the proposal of a municipal spatial Plan under ZPNačrt.
(4) In the case of a spatial arrangement of common national and regional significance and which
is planned by the participating municipalities by means of a regional spatial Plan in accordance
with ZPNačrt, the Agreement referred to in Paragraph (1) of this Article shall be concluded by
and between a ministry responsible for spatial planning and participating municipalities, Mayors
of the participating municipalities shall adopt a Decision on the commencement of the
preparation of a regional spatial Plan following a prior consent of the Minister, and the ministry
responsible for spatial planning shall approve a regional spatial Plan prior to its adoption under
the procedure for determining the compliance of the proposal of a municipal spatial Plan under
ZPNačrt.
Article 43
(Planning of Spatial Arrangements of Local Significance in the Zone of the Plan)
(1) When the implementation and use of spatial arrangements determined in the Plan are not
prevented a municipality may plan spatial arrangements under its own jurisdiction in the zone
referred to in Article 6 of this Act, if the Government consents to this.
(2) A municipality which intends to plan spatial arrangements under its own jurisdiction in the
zone of the Plan following a prior co-ordination with an Investor or a managing authority of the
planned spatial arrangement, shall submit an Initiative to the Government in which it shall define
the area on which it intends to plan, describe the planned spatial arrangement and justify the
need for development in the zone of the Plan. The zone must be defined in such a manner that it
is possible to designate it on the ground and present in the land cadastre.
(3) The government shall examine the possibility for the implementation and use of spatial
arrangements determined with the Plan from the aspect of the intended spatial arrangement of a
municipality, and within a period of 90 days shall issue a consent, or reject an Initiative of a
municipality by means of a Decision.
(4) In a case where the Government agrees with the planning in the zone of the Plan, it may also
lay down, by means of the consent referred to in the preceding paragraph, to the municipality
prior conditions which the municipality must observe or implement prior to the commencement of
the preparation of the municipal spatial plan. These conditions shall not be considered as
guidelines or opinions of ministries in the procedure for the preparation of the municipal spatial
planning document.
(5) Upon the adoption of the municipal spatial planning document, the Government shall
determine by means of the modification and amendment of the Plan under the procedure
referred to in Article 40 of this Act whether the Plan shall cease to apply in a specific part
because of such a municipal spatial planning document.
(6) The provisions of the preceding paragraphs of this Article shall be taken into consideration
mutatis mutandis also in a case when several municipalities intend to plan spatial arrangements
under their jurisdiction in the zone of the Plan and they intend to do so by means of a regional
spatial Plan in accordance with ZPNačrt whereby an Initiative shall be submitted to the
Government by a municipality which has been designated as a Producer of a regional spatial
Plan by the participating municipalities and the Government shall submit the consent and prior
conditions for the planning or the Decision on the rejection of the Initiative only to this
municipality.
(7) The provisions of the preceding paragraphs of this Article shall also apply for the planning of
spatial arrangements of local significance in the zones of National Spatial Plans adopted
pursuant to ZPNačrt, the national detailed Plans adopted pursuant to ZureP-1, and spatial
implementation Plans which have been adopted by the State pursuant to ZUN.
7.
Determining Boundaries and Land Allotment in the Zone of a Plan
Article 44
(Determining Boundaries of Plots)
(1) Boundaries of land plots within the zone of the Plan which are not determined shall be
determined under the procedure for the determination of boundaries and registered on the basis
of the procedure for the registration of a determined boundary in accordance with regulations
regulating registration of boundaries unless stipulated otherwise by this Act.
(2) An order for the implementation of the procedure for the determination of a boundary and a
request for the implementation of the procedure for the registration of the determined boundary
may be filed by an Investor.
(3) When conditions for the registration of a boundary pursuant to Article 136 of the Real-Estate
Recording Act (Official Gazette of the Republic of Slovenia, Nos. 47/06 and 65/07 – CC
Decision; hereinafter referred to as: ZEN) are fulfilled, on the proposal of the Investor such a
boundary shall be registered in a land cadastre as a determined boundary.
(4) A land surveyor who shall conduct the procedure for the determination of a boundary shall
invite the owners of land plots to the hearing regarding the determination of the boundary. When
owners have not attended the hearing regarding the boundary or if they disagree regarding the
course of the boundary or when the designated boundary differs from the boundary according to
the data of the land cadastre, the land surveyor shall measure it and in the study on the
determination of the boundary show it as a proposed boundary according to the data of the land
cadastre.
(5) An authority responsible for surveying and mapping issues shall decide on the registration of
the determined boundary in a shortened fact-finding procedure. In decision-making on the
registration of a determined boundary the provisions of Articles 36, 37, 38 and 39 of ZEN shall
not apply.
(6) Proposed boundaries shall be recorded as determined boundaries in the land cadastre.
(7) An authority responsible for surveying and mapping issues shall register boundaries in the
land cadastre immediately upon the issuing of a Decision. Any appeal against the Decision shall
not withhold the registration of boundaries in the land cadastre. Owners who disagree with the
registration of the proposed boundary may initiate Court proceedings regarding the
determination of a boundary before a competent Court. Potential changes regarding boundaries
in Court proceedings which affect the surface of plots shall be compensated by means of a
monetary compensation at a market value of the pieces of land upon the payment.
(8) Against the Decision issued in a procedure for the determination of boundaries under this
Act, reinstatement of a case and a renewal of the procedure shall not be permissible.
Article 45
(Land Allotment, Plot Plan)
(1) Land allotment shall be implemented in accordance with the Plot Plan from the Plan.
(2) Land allotment may be carried out if land plots which shall be divided or unified have
determined boundaries or at least a part of the boundary in accordance with regulations
regulating the registration of boundaries.
(3) The Plot Plan must be produced in such a manner that it is possible to transfer the newly
determined cadastre points directly on the ground.
(4) An authority responsible for surveying and mapping issues shall decide on the registration of
the land allotment in a shortened fact-finding procedure.
(5) Against the Decision on the registration of the land allotment only an appeal because of
errors made in the transfer of data from the Plot Plan on the ground and in the land cadastre
shall be allowed.
IV.
Permission for Siting in Physical Space
Article 46
(Permission for Siting in Physical Space)
(1) Upon the entry into force of the Plan, in whose preparation procedure environmental
protection consent has been obtained, an Investor may request the issue of a permission for
siting of planned spatial arrangements (hereinafter referred to as: ”Permission for Siting”).
(2) Notwithstanding the provisions of the preceding paragraph an Investor may request the issue
of the permission for siting also in a case when environmental protection consent has been
obtained after the adoption of the Plan.
(3) A request for the issue of a permission for siting shall be filed by an Investor of a planned
construction with a ministry responsible for construction issues, and for obtaining the mining right
for extraction of mineral resources by the interested legal person or the interested natural person
before a ministry responsible for mining, and it should include an indication as to which spatial
arrangements are concerned and on the basis of which Plan it has been filed. No supporting
documents on the right to construct need to be attached to this request, nor the project for
acquiring the building permit in accordance with regulations regulating construction or mining
project in accordance with regulations regulating mining.
(4) Only an Investor shall be a party to the procedure for the issue of a permission for siting.
(5) A permission for siting shall be served on an Investor and submitted to the Spatial Planning
Stakeholders who have given an opinion as to the Plan.
V.
Acquiring Real Estate and Rights over Them
Article 47
(Offer for Sale)
(1) For the purpose of concluding an Agreement for the Sale of real estate in the zone referred
to in Article 6 of this Act or for the acquisition of rights over real estate an offer shall be prepared
by an Investor. The offer shall be prepared on the basis of an appraised value of real estate and
evaluated compensations for damage and other costs in accordance with provisions of this Act
regulating the appraisal of value and evaluation. An Investor shall prepare an offer for every
owner or for all co-owners or common owners of the same parcel of real estate.
(2) An offer for sale shall be served in person in accordance with the Act regulating general
administrative procedures whereby provisions regarding the refusal of a receipt shall also apply.
(3) The provisions of the preceding paragraph shall also apply for the serving of an offer for sale
of real estate or acquisition of rights over real estate within the zones of National Spatial Plans
adopted pursuant to ZPNačrt, National Detailed Plans adopted pursuant to ZureP-1 and Spatial
Implementation Plans which have been adopted by the State pursuant to ZUN.
(4) When within 30 days following upon the service of the offer for the sale of real estate or for
the acquisition of rights over real estate an Investor does not manage to conclude an
Agreement, upon the proposal of an Investor the State shall immediately file a proposal for
expropriation or for the restriction of the rights of ownership.
Article 48
(Obtaining Data)
(1) With the aim of concluding an Agreement for the Sale of real estate within the zone referred
to in Article 6 of this Act or for the acquisition of rights over real estate the Investor shall hold the
right to obtain data from official records from the managing authority of the data bases.
(2) To an authority which manages an official record, an Investor must demonstrate a legal
interest for obtaining the data. A legal interest shall be displayed by an Investor by means of a
Decision on the Plan Preparation.
(3) When for appraising value under this Act data regarding the real estate or other data which
are not kept in public registers are needed, an appraiser referred to in Paragraph (2) of Article 58
of this Act, and also an Investor, shall hold the right to obtain this data directly from the owner of
the real estate or the holder of rights over real estate.
(4) An Investor must treat the obtained data with due care and should not unjustifiably transmit
data to third persons.
(5) The provisions of the preceding paragraphs shall also apply for obtaining data for the
purpose of concluding an Agreement for the sale of real estate or acquisition of rights over real
estate within the zones of National Spatial Plans adopted pursuant to ZPNačrt, National Detailed
Plans adopted pursuant to ZureP-1, and Spatial Implementation Plans which have been adopted
by the State pursuant to ZUN.
Article 49
(A Custodian for Special Cases)
(1) When an Investor, in accordance with the preceding Article, does not manage to obtain data
from official records because this data does not exist or because authorities managing official
records do not retain this data and the owner is not known, an Investor shall submit to the
Centre for Social Work a proposal for the appointment of a Custodian for a special case.
(2) Within a period of 60 days, a Centre for Social Work shall appoint a Custodian for a special
case who shall conclude an appropriate Agreement with an Investor.
(3) The provisions of the preceding paragraphs shall also apply for the appointment of a
Custodian for special cases and their functioning in procedures for the sale of real estate or
acquisition of rights over real estate within the zones of National spatial Plans adopted pursuant
to ZPNačrt, National Detailed Plans adopted pursuant to ZureP-1 and Spatial Implementation
Plans which have been adopted by the State pursuant to ZUN.
Article 50
(Pre-emption Right over Real Estate in Bankrupt’s Estate)
(1) On a parcel of real estate which is needed for the implementation of spatial arrangements
arranged with the Plan and which due to commenced bankruptcy proceedings shall become a
part of the bankrupt’s estate a pre-emption right shall be obtained by an Investor upon the day of
the initiation of bankruptcy proceedings.
(2) The provisions of the preceding paragraph shall also apply for a parcel of real estate in a
bankrupt’s estate which is needed for the implementation of spatial arrangements arranged with
National Spatial Plans adopted pursuant to ZPNačrt, National Detailed Plans adopted pursuant
to ZureP-1 and Spatial Implementation Plans which have been adopted by the State pursuant to
ZUN.
Article 51
(Replacement Agricultural Land and Forest Parcels of Land)
(1) When for the implementation of spatial arrangements arranged with the Plan replacement
agricultural and forest parcels of land need to be ensured, these shall be provided for by the
Farmland and Forest Fund of the Republic of Slovenia or the Fund shall carry out all tasks
related to the search and acquisition of these parcels of land in accordance with regulations
regulating the Farmland and Forest Fund of the Republic of Slovenia.
(2) The provisions of the preceding paragraph shall also apply for the providing of agricultural
land and forest parcels of land needed for the implementation of spatial arrangements arranged
with National Spatial Plans adopted pursuant to ZPNačrt, National Detailed Plans adopted
pursuant to ZureP-1 and Spatial Implementation Plans which have been adopted by the State
pursuant to ZUN.
Article 52
(Special Provisions regarding Restriction of Ownership Rights)
(1) In addition to expropriation purposes stipulated by Paragraphs (1) and (2) of Article 93 of
ZureP-1, a parcel of real estate may also be expropriated or the ownership right to it be
restricted when the parcel of land is needed for the implementation of mitigation and
countervailing measures under regulations concerning nature conservation upon the condition
that these measures have been determined because of the implementation of spatial
arrangements for which, in accordance with the abovementioned provisions of ZureP-1, an
expropriation purpose has been defined.
(2) It shall be deemed that the public benefit for a parcel of real estate for which the
expropriation purpose has been established in accordance with Paragraphs (1) and (2) of Article
93 of ZureP-1 and for a parcel of real estate referred to in the preceding paragraph has been
demonstrated if envisaged in the Plan.
(3) Notwithstanding the provisions of Paragraph (1) of Article 100 of ZureP-1 the expropriation
procedure or the restriction of the ownership right to the parcel of real estate referred to in the
preceding paragraph shall not be instituted by means of a Decision but upon the receipt of a
complete request for expropriation or restriction of ownership right the responsible authority shall
issue a decision on the introduction of the expropriation procedure or the procedure regarding
the restriction of ownership right. There shall be no appeal against this decision. A responsible
authority shall submit the decision on the introduction of the expropriation procedure to the Court
of the Land Register which, in accordance with the Act regulating the Land Register decides on
the registration of the expropriation procedure.
(4) In addition to conditions referred to in Paragraph (1) of Article 104 of ZureP-1 the necessity of
the expropriation procedure and restriction of the ownership right may also be demonstrated in
such a manner that before the Court the body entitled to expropriation shall deposit a sum in the
amount of compensation referred to in Paragraph (1) of Article 53 of this Act for the parcel of real
estate which is the subject of the expropriation procedure or the restriction of the ownership right
and security deposit for potential damage incurred with summary procedure in the amount of
one half of the evaluated compensation with which it shall be deemed that the condition for the
take over of possession of the expropriated parcel or real estate has been fulfilled.
(5) The person liable to expropriation shall be subject to costs which are justifiably incurred in
the expropriation procedure ending with the expropriation and shall be borne by the person liable
to expropriation.
Article 53
(Compensation Due to Expropriation or Restriction of Ownership Right)
(1) When in accordance with the provisions of ZureP-1 a parcel of real estate is not expropriated
against a replacement in kind but in favour of compensation, this shall be specified in a manner
as stipulated within this Act for the appraising of real estate under this Act. Compensation due to
the restriction of ownership rights shall be specified in the same manner.
(2) When a person liable to expropriation or an owner does not want to accept the
compensation, the body entitled to expropriation may fulfil its obligation by depositing the
compensation before the Court.
Article 54
(Right to Construct)
(1) With regard to the right to construct facilities and carry out other activities in the physical
space which form spatial arrangements referred to in Article 2of this Act, in addition to the
supporting documents referred to in Article 56 of the Construction Act (Official Gazette of the
Republic of Slovenia, Nos. 102/04 – official consolidated text, 14/05 – corr., 92/05 – ZJC-B,
93/05 – ZVMS, 111/05 – CC Decision, 120/06 – CC Decision,
126/07, 57/09 – CC Decision and108/09) the following documents shall also be deemed as
supporting documents:
- a certificate of a responsible authority that proceedings under the Denationalisation Act
(Official Gazette of the Republic of Slovenia, Nos. 27/91, 56/92 – CC Decision, 13/93 – CC
Decision, 31/93, 24/95 – CC Decision, 29/95 – ZPDF, 74/95 – ZZDZVP, 20/97 – CC
Decision, 23/97 – CC Decision, 41/97 – CC Decision, 49/97, 87/97, 65/98, 11/99 – CC
Decision (16/99 – corr.), 31/99 – CC Decision, 60/99 – CC Decision, 1/00 – CC Decision,
66/00 – mandatory explanation, 66/00, 54/02 – CC Decision, 54/04 – ZDoh-1, 18/05 – CC
Decision, 6/08 – CC Decision and 113/08 – CC Decision) have not been concluded;
- a certificate of the competent Court that probate proceedings under the Inheritance Act
(Official Gazette of the Socialistic Republic of Slovenia, Nos. 15/76 and 23/78 and Official
Gazette of the Republic of Slovenia, Nos. 17/91 – ZUDE, 13/94 – ZN, 40/94 – CC Decision,
82/94 – ZN-B, 117/00 – CC Decision, 67/01, 83/01 – OZ in 73/04 – ZN-C) and under the
Inheritance of Agricultural Holdings Act (Official Gazette of the Republic of Slovenia, Nos.
70/95 and 54/99 – CC Decision) have not been concluded ;
- a historical record from the Land Register that the parcel of the real estate has been
registered on agricultural communities or a certificate of the responsible authority that
proceedings concerning the restitution of property under the Act on reestablishment of
-
agricultural communities and restitution of their property and rights (Official Gazette of the
Republic of Slovenia, Nos. 5/94, 38/94, 69/95, 22/97, 97/98 – CC Decision, 56/99, 72/00 and
51/04 – CC Decision) have not been concluded or an extract from the Land Register that the
parcel of real estate is owned by an agricultural community or village community ;
a certificate of the responsible authority that proceedings concerning the restitution of
property under the Cooperatives Act (Official Gazette of the Republic of Slovenia, Nos. 62/07
– official consolidated text and 87/09) have not been concluded;
an extract from the Land Register that the parcel of real estate is registered as public assets,
constructed public assets, socially-owned property in general use or general national assets
regardless of the managing authority;
a certificate of the responsible authority that a proposal for the proclamation of the owner of
the parcel of real estate as deceased has been filed, or that proceedings for proving the
death pursuant to of regulations regulating non-litigious civil procedure have been initiated;
a notarial authentification of an Agreement regarding the obtained obligation right for
construction or implementation of works on such parcel of real estate in the extent of the
work zone;
a decision of the responsible administrative body on the introduction of the expropriation
procedure or a certificate that the procedure for obtaining an easement for public benefit has
been initiated.
(2) Upon the conclusion of each of the procedures mentioned in the indents of the previous
paragraph, an Investor shall implement with the owner of the parcel of real estate the procedure
for obtaining the ownership right or easement for public benefit in accordance with this Act and
regulations regulating expropriation.
VI.
Appraising Value
Article 55
(Appraising Value)
(1) The appraisal of value under this Act shall be:
- appraising the value of real estate necessary for the implementation of the Plan and
- appraising with the acquisition of this real estate and rights over them linked to
compensations for damage and other costs.
(2) The appraisal of value shall be carried out under an Investor’s order by an appraiser referred
to in Paragraph 2 of Article 58 of this Act.
(3) In appraising value an appraiser shall take into consideration:
- data about real estate and their generalised market value which in accordance with
regulations regarding the registration of real estate and regulations regarding mass appraisal
of real estate which are kept in public registers and other data which shall be obtained from
the owners of real estate or holders of rights over them;
- the appraisal of value methodology and
- International Valuation Standards.
(4) In the appraisal of value, data about real estate which are kept in public records in
accordance with regulations regulating the registration of real estate shall be taken into
consideration.
(1) When an owner of real estate or a holder of rights over them shall not submit the requested
data upon invitation by an appraisal the available data from public records shall be used in the
appraisal of value.
(6) The appraisal of value under this Act shall also apply for the acquisition of real estate and
rights over them necessary for the implementation of National Spatial Plans adopted pursuant to
ZPNačrt, National Detailed Plans adopted pursuant to ZureP-1 and Spatial Implementation
Plans which have been adopted by the State pursuant to ZUN.
(7) Methodologies referred to in the second indent of Paragraph (3) of this Article shall be
prescribed by the Government by means of a Decree.
Article 56
(Appraisal of Compensations for Damage)
(1) Compensations for damage shall be:
- compensation for damage for the accompanying facilities upon the parcel of real estate,
- compensation for damage due to the destruction or reduction of existing crop on farmland or
forest land during construction;
- compensation for damage due to the destruction or reduction of existing crops on farmland
or forest land;
- compensation for damage due to reduction of income from the operation of a business entity
upon a parcel of real estate and
- compensation for other damage linked to the operation of a business entity.
(2) The evaluation of compensation for damage shall be made according to generally accepted
principles of valuation.
(3) Beneficiaries for compensation for damage shall be owners of real estate or holders of rights
over real estate.
(4) The evaluation of compensation for damage shall be carried out in accordance with the
methodology referred to in the second indent of Paragraph (3) of Article 55 of this Act.
Article 57
(Evaluation of Other Costs)
(1) Other costs shall be costs which have been incurred or will be incurred by an owner of real
estate due to moving out.
(2) The evaluation of other costs shall be carried out in accordance with the methodology
referred to in the second indent of Paragraph (3) of Article 55 of this Act.
Article 58
(Contractors and Evaluation Tasks)
(1) Contractors for evaluating values under this Act shall be Appraisers.
(2) Appraisers under this Act shall be authorised appraisers of the value of real estate,
authorised appraisers of the value of companies, authorised appraisers of the value of machines
and equipment appointed under regulations regulating auditing and appraising of value and
court appraisals of real estate, court appraisals of agricultural discipline and court appraisal of
forest discipline appointed under regulations regulating the operation of Courts.
(3) Appraisers of real estate shall particularly carry out the following tasks:
- in co-operation with the ministry responsible for the registration of real estate co-operate in
the development and maintenance of methodologies under this Act;
- perform evaluations under this Act and
- carry out other tasks linked to evaluation and appraisal under this Act.
Article 59
(Tasks of Ministry Responsible for the Registration of Real Estate)
The ministry responsible for the registration of real estate shall particularly carry out the following
tasks:
- prepare, run and maintain valuation methodologies under this Act;
- provide data about real estate, generalised market values of real estate and data about
models of real estate mass appraisal in accordance with regulations regulating the
registration of real estate and real estate mass appraisal and
- carry out other tasks under this Act.
VII. Agricultural Operations in the Zone of the Plan
Article 60
(Agricultural Operations)
(1) An Investor or managing authority of facilities and networks arranged with the Plan under this
Act shall be a Party to a procedure regarding agricultural operations when any of these
procedures is implemented in the zone of the Plan or spatial arrangements referred to in Article
2 of this Act have already been implemented.
(2) The provisions of the preceding paragraphs shall also apply for agricultural operations in the
zone of National Spatial Plans adopted pursuant to ZPNačrt, National Detailed Plans adopted
pursuant to ZureP-1 and Spatial Implementation Plans which have been adopted by the State
pursuant to ZUN.
VIII. Transitional and Final Provisions
1.
Validity and Procedures for the Preparation of National Spatial Planning Documents
Article 61
(Validity and Modifications and Amendments to National Spatial Planning Documents)
(1) Upon the entry into force of this Act the following documents shall remain in force:
- Spatial Implementation Plans adopted pursuant to ZUN;
- National Detailed Plans adopted pursuant to ZUreP-1;
-
-
-
National Spatial Plans adopted pursuant to ZPNačrt;
Detailed Plans adopted pursuant to the Act on the arrangements regarding certain issues
involved in the construction of buildings at border crossings (Official Gazette of the Republic
of Slovenia, No. 44/07 – official consolidated text; hereinafter referred to as: ZDVGOMP);
Detailed plans adopted pursuant to the Act on the Measures to be Taken to Repair the
Damage Caused by Certain Large-Scale Landslides in 2000 and 2001 (Official Gazette of
the Republic of Slovenia, No. 3/06 – official consolidated text; hereinafter referred to as:
ZUOPZP) and
the regulatory Reconstruction Plan adopted pursuant to the Post-earthquake Reconstruction
of Structures and Development Promotion in Posočje Act (Official Gazette of the Republic of
Slovenia, No. 26/05 – official consolidated text).
(2) National spatial planning documents referred to in the preceding paragraph shall be modified
and amended under the procedure specified for preparation of the Plan under this Act.
Article 62
(Continuation of Procedures for the Preparation of National Spatial Plans
initiated pursuant to ZPNačrt)
(1) Procedures for the preparation of National Spatial Plans initiated under ZPNačrt shall continue
under the provisions of this Act.
(2) When upon the entry into force of this Act in the procedure for preparation National Spatial Plan
under ZPNačrt a Decision on the initiation of the preparation under ZPNačrt has been adopted, but
obtaining guidelines under ZPNačrt has not started yet, an Initiation which has been given for the
preparation of National Spatial Plan under ZPNačrt shall be supplemented in the content and form
referred to in Article 17 of this Act, and the procedure for preparation the Plan shall continue under
provisions from Article 18 of this Act onwards whereby at a Spatial Planning Conference it shall be
determined whether a new decision needs to be prepared.
(3) When upon the entry into force of this Act the procedure for the preparation of the National
Spatial Plan initiated under ZPNačrt, is in the phase of obtaining guidelines under ZPNačrt or these
have already been obtained, the procedure for the preparation of the Plan shall continue under
provisions from Article 20 of this Act onwards whereby at a Spatial Planning Conference it shall be
determined whether a new decision needs to be prepared.
(4) When upon the entry into force of this Act the procedure for the preparation of the National
Spatial Plan initiated under ZPNačrt is in the phase of the preparation of Alternative Solutions under
ZPNačrt the procedure for the preparation of the Plan shall continue under the provisions of Article
24 of this Act onwards.
(5) When upon the entry into force of this Act in the procedure for the preparation of the National
Spatial Plan initiated under ZPNačrt and the phase of the proposal for the selection of Alternative
Solutions in the supplemented draft of National Spatial Plan under ZPNačrt has already been carried
out, the procedure for the preparation of the Plan shall continue under provisions from indent (3) of
Article 39 of this Act onwards whereby the draft Plan shall be prepared on the basis of the proposal
for the selection of Alternative Solutions under ZPNačrt.
(6) Notwithstanding the provisions of the preceding paragraph the procedure for the preparation of
the National Spatial Plan initiated pursuant to ZPNačrt for which upon the entry into force of this Act
the phase of the proposal for the selection of Alternative Solutions in the supplemented draft of the
National Spatial Plan under ZPNačrt have already been carried out may continue under provisions of
Article 25 of this Act onwards if this is proposed by an Initiator.
(7) When upon the entry into force of this Act the procedure for the preparation of the National
Spatial Plan initiated under ZPNačrt is in the phase of public exhibition of its supplemented draft
under ZPNačrt or public exhibition has already been concluded, the procedure for the preparation of
the Plan shall continue under provisions from indent (4) of Article 39 of this Act onwards whereby
with regard to the proposal of the Plan prepared on the basis of standpoints with regard to
comments and proposals of the public and municipalities obtained within the framework of
participation of the public and municipalities under ZPNačrt simultaneously with opinions referred to
in Article 27 of this Act the opinions of municipalities shall also be obtained.
(8) When upon the entry into force of this Act the procedure for the preparation of the National
Spatial Plan initiated under ZPNačrt is in the phase of obtaining opinions under ZPNačrt or the
proposal for the national spatial Plan under ZPNačrt has already been submitted to the Government
for its adoption, the procedure for the preparation of the Plan shall continue under provisions from
indent (5) of Article 39 onwards whereby the graphical part referred in Paragraph (2) of Article 11 of
this Act shall not be published.
Article 63
(Continuation of Procedures for the Preparation of Detailed Plans Initiated pursuant to ZUOPZP)
The procedure for the preparation of Detailed Plans initiated under ZUOPZP and pursuant to the
Ordinance on the programme for the drawing-up of a Detailed Plan for the impact area of
Macesnik landslide in Solčava Municipality (Official Gazette of the Republic of Slovenia, Nos.
92/03 and 85/07) and the Ordinance on the programme for the drawing-up of a Detailed Plan for
the impact area of Slano Blato landslide in Ajdovščina Municipality (Official Gazette of the
Republic of Slovenia, Nos. 23/04), shall continue under provisions of Article 31 of this Act
whereby:
- the above mentioned ordinances on the programme concerning the programme for the
preparation shall have, in addition to the effects under ZUOPZP, also have the effects
concerning the approval of an Alternative or Solution referred to in Article 30 of this Act;
- prior to detailed planning of Solutions a Co-ordinator shall evaluate if directions, guidelines
and data of Spatial Planning Stakeholders referred to in from Paragraphs (1) to (5) of Article
19 of this Act or conditions for detailed planning referred to in Paragraph (4) of Article 27 of
this Act should be obtained;
- the time periods for obtaining guidelines, directions and data of Spatial Planning
Stakeholders or conditions for detailed planning referred to in the preceding indent and time
periods referred to in Paragraph (1) of Article 36 of this Act shall be reduced to 15 days, and
the time periods referred to in Paragraph (5) of Article 36 of this Act to 21 days;
- the time periods for notification of the public and municipalities with the draft Plan shall be
reduced to 15 days when together with the procedure for the Plan preparation procedure the
procedure regarding an environmental impact assessment is not carried out.
2.
Application of Provisions of this Act for Expropriation Procedures
Article 64
(Expropriation Procedures)
The provisions of Paragraph (3) of Article 52 of this Act shall also apply for expropriation or
restriction of ownership rights over real estate from the zones of National Detailed Plans adopted
pursuant to ZureP-1 and National Spatial Plans adopted pursuant to ZPNačrt when upon the
entry into force of this Act, for such real estate, the body entitled to expropriation has not filed the
proposal for expropriation in accordance with Article 97 of ZureP-1, or the body has not yet filed
the request encumbering the parcel of real estate with an easement or temporary right to use for
the public benefit in accordance with Paragraph (4) of Article 110 of ZureP-1.
3.
National Spatial Planning Stakeholders
Article 65
(Submission of Data about National Spatial Planning Stakeholders)
Ministries referred to in Paragraphs (3) and (4) of Article 13 of this Act shall submit data to the
ministry responsible for spatial planning about Spatial Planning Stakeholders referred to in
Paragraph (5) of Article 13 of this Act within a period of one month from entry into force of this
Act.
4.
Spatial Planning Conference
Article 66
(Spatial Planning Conference)
(1) A Spatial Planning Conference shall be formed at the first session convened upon entry into
force of this Act.
(2) The ministry responsible for spatial planning shall prepare the Rules referred in Paragraph
(5) of Article 16 of this Act within a period of one month following entry into force of this Act.
5.
Initiation of Application of Real Estate Appraisal and Completion of Procedures
Article 67
(Completion of Procedures Concerning Real Estate Appraisal)
When an Investor serves an offer referred to in Article 47 of this Act prior to the date of entry into
force of provisions referred to in Paragraph (2) of Article 72 of this Act, the appraisal or
determination of value of real estate in procedures regarding contractual or forced acquisition of
real estate and rights over them shall be carried out under regulations in force until then.
6.
Cessation of Regulations’ Validity
Article 68
(Cessation of Provisions of ZPNačrt)
Upon the day of entry into force of this Act the provisions of Paragraph (1) and (4) of Article 12,
Paragraph (1) of Article 15, Paragraph (3) of Article 21, Paragraph 4 of Article 26, Articles 27 to
37 inclusive, Article 63, Paragraphs (2) and (3) of Article 93, Article 94 and Paragraphs (2) and
(3) of Article 95 of ZPNačrt shall cease to apply.
Article 69
(Cessation of Validity and Cessation of Application of Provisions of other Regulations)
(1) Upon the date of entry into force of this Act the following provisions of the following
regulations shall cease to apply:
- Paragraph (2) of Article 6, of Articles 7 to 11, Paragraph (1) of Article 12 and of Articles 13 to
27 of ZDVGOMP;
- Paragraph (8) of Article 1, Paragraphs from (1) to (3) of Article 23, Paragraphs from (1) to (3)
of Article 24, Paragraphs from (1) to (5) of Article 26, Articles 28 and 29, Paragraphs (1) and
(3) of Article 30, Article 31, Article 32, Article 36, Article 42, Article 43 of ZUOPZP;
- Articles 8 and 13 of the Act Regulating Specific Issues Dealing with the Construction of the
Motorways Network in the Republic of Slovenia (Official Gazette of the Republic of Slovenia,
No. 35/95) and
- 4. Articles 4 and 6, indents (2), (3), (4), (5), (6), (7) and (9) of Paragraph (1) and Paragraph
(3) of Article 13and Article 13 (a) of Act Regulating Specific Issues Dealing with the
Construction of the Railway Line in the Direction Puconci–Hodoš–State Border and
Construction of the Second Line of the Koper-Divača Railway Line (Official Gazette of the
Republic of Slovenia, Nos. 38/96 and 48/98).
(2) Upon the date of entry into force of this Act provisions of Paragraph (2) of Article 97 of
ZureP-1 for serving an offer for sale and appointment of Custodian for special case for
acquisition of real estate and rights over them in the zone of the Plan and in the area of National
Spatial Plans adopted pursuant to ZPNačrt, National Detailed Plans adopted pursuant to ZureP1 and Spatial Implementation Plans which have been adopted pursuant to ZUN by the State
shall cease to apply.
(3) Upon the date of entry into force of provisions referred to in Paragraph (2) of Article 72 of this
Act the provisions of Article 18 of ZDVGOMP and provisions of Paragraphs (2), (3), (4) and (5)
of Article 105 and the first sentence of Paragraph (8) of Article 110 of ZureP-1 for determining
compensation in expropriations of real estate and restriction of ownership rights in the zone of
the Plan and in the area of National Spatial Plans adopted pursuant to ZPNačrt, National
Detailed Plans adopted pursuant to ZureP-1 and Spatial Implementation plans which have been
adopted pursuant to ZUN by the State shall cease to apply.
(4) Notwithstanding the provisions of the preceding paragraph the provisions of Paragraphs (2),
(3), (4) and (5) of Article 105 and the first sentence of Paragraph (8) of Article 110 of ZureP-1
which are necessary for the completion of procedures under Article 67 of this Act shall continue
to apply.
(5) Notwithstanding the provisions of indent (1) of Paragraph (1) of this Act the provisions of
Article 18 of ZDVGOMP which are necessary for the completion of procedures under Article 67
of this Act shall continue to apply.
Article 70
(Cessation of Validity and Prolongation of Application
of Implementing Regulations Issued pursuant to ZPNačrt)
(1) Upon the date of entry into force of this Act the Decree on the types of spatial planning of
national significance (Official Gazette of the Republic of Slovenia, Nos. 95/07, 102/08 and 26/10)
shall cease to apply, and the Decree shall continue to apply until the publication of the regulation
referred to in Paragraph (4) of Article 2 of this Act unless contrary to this Act.
(2) Upon the date of entry into force of this Act the Rules on the content, format and drawing-up
of the National Spatial Plan and on the drawing-up of alternative solutions for its spatial
arrangements, their evaluation and comparison (Official Gazette of the Republic of Slovenia,
Nos. 99/07) shall cease to apply, and it shall apply until the publication of the regulation referred
to in Paragraph (3) of Article 5 of this Act unless contrary to this Act.
7.
Issue of Implementing Regulations
Article 71
(Issue of Implementing Regulations)
(1) The Government shall issue a regulation referred to in Paragraph (4) of Article 2 of this Act
within three months upon entry into force of this Act, and a regulation referred to in Paragraph
(7) of Article 55 of this Act within one year upon entry into force of this Act.
(2) A minister shall issue a regulation referred to in Paragraph (3) of Article 5 of this Act within
three months upon entry into force of this Act.
8.
Final provision
Article 72
(Entry into Force)
(1) This Act shall entry into force on the fifteenth day upon the publication in the Official Gazette
of the Republic of Slovenia.
(2) Provisions of Articles 53, 55, 56, 57, 58 and 59 of this Act shall start to apply on 1 January
2012.