Local Self Government in environmental management

Jadranka IvanovaHead of EU Department

j.ivanova@moepp.gov.mkjadrankaivanova@yahoo.com

Ministry of Environment and Physical Planning

What laws for the Local Self - Government Units??I am the Law in the Municipality !!!I won the elections in order to be the Law, not to

respect Laws !!!

Basic Principals – EC of LSG

The European Charter on Local Self-Government was passed by the Council of Europe in 1985

• Public matters should be primarily performed by the authorities closest to citizens

• When delegating competencies to be transferred from central to municipal government control, local authorities may adjust the execution of their delegated duties to local circumstances. When doing so, they should nonetheless always meet predetermined standards.

• When central authorities plan and make decisions that concern local authorities, they should consult widely and in a timely manner

EU integration process

• With the EU accession process laws have to be aligned with the EU legislation

• New competencies for the central government even more for the local government

• Decentralization process in Macedonia started 2002

• Approximation process in environment in Macedonia started in 2002

EU integration process

• LSG – Mayors – We want more, we want all!!• Central Government – We will think about it -

what shell we give to you!• Result: Balance was achieved! (we hope)• EU integration is purely domestic matter, where

local and central authorities have equal responsibilities

• EU integration is not solely foreign policy issue

Responsibilities of LSG in environment

• Protection of Nature and the Environment• Under the legal framework, municipalities are

responsible for: protecting drinking water supplies; preventing the pollution of soil, air and water; protecting nature; preventing noise pollution; and preventing non-ionic emissions.

• The Law on the Protection of Nature, the Law on the Environment, the Law on Air Quality, the Law on Water, the Law on Noise Pollution, Law on Waste Management and Laws on packaging, batteries and WEEE determine the measures that may be undertaken to fulfill municipal duties under these aforementioned responsibilities.

Basic Principals in environment

Principle of high level of protection • Everyone shall, when undertaking activities or while

performing activities, ensure a high level of protection of the environment and the human life and health.

Principle of subsidiarity• Municipalities, shall have, within the scope of their

competences stipulated by law, the right and the obligation to undertake on their territories all measures and activities of environmental protection and improvement which are not under the exclusive competence of state authorities.

Basic Principals in environmentPrinciple of integration • The basis and objectives of the policy of environmental

protection and improvement shall be integrated into all development and strategic planning and programme documents adopted by the bodies of the central government and the bodies of the municipalities.

Principle of precaution • If there is a rational doubt that a certain activity may cause

harmful consequences on the environment, necessary measures for protection of the environment shall be undertaken, before available scientific evidence that such consequences could occur becomes available.

Principle of prevention• Measures and activities of environmental protection shall

be taken prior to the occurrence of adverse effects.

Basic Principals in environmentProximity principle• The waste shall be processed primarily at the location of

its generation. If cannot be processed at the location of its generation due to justified technical and technological or economic reasons, shall be transferred for processing or disposal to the nearest locations designated for that purpose.

Principle of universality of service• The universality of service with regard to waste

management shall be provided through:• non-discrimination; • sustainability of the service; • quality and efficiency;• transparency; • economically acceptable price; and• full coverage of the area of service provision.

LSG - environment

Horizontal legislation

• Environmental Impact Assessment on projects

• Strategic Impact Assessment on plans and programs

• Access to information

• Planning in environment – LEAPs

• Local environmental inspectors

LSG - environment

Waste Management – prime competencies of LSG

- Collection of communal waste

- Transport

- Landfills

- Providing sufficient capacity for waste streams management (packaging, batteris, WEEE)

LSG - environment

Integrated waste management can be sustainable with capacity of 200.000 inhabitants

In 2009 started PPP for waste management in four regions in Macedonia

For two regions it is in final stage of selecting company - Construction of landfill - Establish integrated waste management- To use capacity of the existing Municipal Public

Enterprise

LSG - environment

Water Management

- water supply

- waste water collection

- waste water treatment

- management of bathing waters

- flood management

- erosion control

LSG - environment

Noise Protection

- measures for noise protection from facilities and small instalations

- important for land and urban planning

- important for health care

LSG - environment

Integration prevention and pollution control

- B – integrated permits – small installations

- accident prevention – SEVESO Directive – important for urban planning

Competencies in air monitoring and nature protection

Capacity of LSG

• LSGU in the Republic of Macedonia quite differ from one another taking in terms of number of population, which is from 3,000 to 500,000 inhabitants.

• there is deficiency of staff and financial resources necessary to respond to the key functions of environmental management

• difficult to provide sufficient trained personnel

Capacity of LSG

Plan for institutional development of the national and local environmental management capacity 2009-2014 (adopted by the Government in 2009)

Provide guidance for development of capacity of LSG for environmental management

Provide model of administrative structure for LSGU

Department for environment

Unit for waste Unit for waters Unit for environmental management

Unit for inspection

Unit for monitoring and information

system

SECTOR: WASTE Establishment of special departments for waste management with min employees Working tasks: inventory of waste generators; establishment and maintenance of cadastre of waste generators; reporting Working tasks: administrative surveillance of legal entities managing waste at area of the LSG- depending of the areaPromotion of selection, reuse composting, raising public awareness

Special departments- depending on the area and needs Working tasks: protection of bathing waters quality Working tasks: flood protection and other adverse effects of waters Working tasks:: water supply and drainage and waste water treatment

SEA; EIA; Elaborates; IPPC; LEAP; Nature; Noise Inspection- authorized environmental inspectors

Management of local monitoring network, information system, reporting

Model- organizational structure for implementation of the

environmental obligations within the local administration

Future

• Provide trainings for the LSGU staff• Provide support in implementation of their

responsibilities• Provide financial support • Provide guidance for performance of their

competencies• Include in decision making process• Provide financial secure and

independence of LSGU