Article 40
In order to achieve the objectives set by the Strategy, the water management plan for water areas referred to in Article 27, paragraph 1, item 1), 3) and 4) of this Law and the water management plan for the Danube River Basin, the Government, upon the proposal of the Ministry, shall adopt a program of measures.
In order to achieve the objectives set by the water management plan for the water area referred to in Article 27, paragraph 1, item 2) of this Law, with the previously obtained approval of the Ministry, the competent body of the City shall adopt a program of measures.
In order to achieve the objectives set out in the water management plan for water areas referred to in Article 27, paragraph 1, item 5), 6) and 7) of this Law, with the previously obtained approval of the Ministry, the competent authority of the Autonomous Province shall adopt a program of measures.
The program measures from st. 1, 2 and 3 of this Article shall contain in particular the following measures:
1) water flow regulation and protection against harmful effects of water;
2) landscaping and use of water;
3) protection of water.
Measures relating to the regulation of watercourses and protection against the harmful effects of water are measures that refer to:
1) water management and flood protection a ;
2) protection against erosion s and torrent and ;
3) protection from inland water;
4) The volume of construction of water facilities and the priorities for their implementation are required .
Measures related to the regulation and use of water are measures related to:
1) preservation of water, including rate control of the water volumes;
2) Metal enrichment or increase in the volume of undergrounds issued, including measures to control the quantities and quality of the water used for this purpose;
3) ensuring that the hydromorphological conditions of water bodies are in line with the achievement of the required ecological status or good ecological potential of ethereal and substantially altered water bodies;
4) rational and economically profitable use of water;
5) recovery of water use costs .
Measures related to water protection are measures:
1) which has the quality of water and improves the protection , including additional measures to achieve the goals set in the;
2) which are established regulations in the field of art security environment and a healthy mound ;
3) determined by regulations in the fields of agriculture, fisheries and others.
In addition to the measures referred to in paragraph 4 of this Article, the program measures may contain other measures, which ensure the reduction of adverse impacts on waters and aquatic and coastal ecosystems, encourages rational use and protection of water, Expert, scientific and research work in the field of water and other.
The bodies that adopted the program of measures shall review it and, if necessary, revise every six years, counting from the date of its adoption.
A special water management plan
Article 41
For the implementation of the Strategy, in addition to the water management plan, for specific water management issues or for sub-basins referred to in Article 27 of this Law, as a part of the water area, a special water management plan shall be adopted, which shall contain in particular: the reasons for the adoption , The area covered, the layout of the works and measures from the water management plan, part of which is covered by a special plan, more detailed analyzes and proposals of works and measures for which a special plan is being implemented.
For sub-basins located on the territory of two water areas, a special water management plan is adopted.
The Government, in the territory of the Autonomous Province, shall be the competent authority of the Autonomous Province, and in the territory of the City of Belgrade, the competent body of the City shall adopt a special plan from Art. 1 and 2 of this Article for a period of six years.
A special water management plan is prepared by a public water supply company.
A special water management plan must be in accordance with p Article managing water in the water area where the aquifer, or sub-basin is located.
The Minister shall prescribe the contents of the plan referred to in paragraph 1 of this Article.
3.3. Annual Water Management Program
Article 42
The annual water management program (hereinafter: annual program) is a planning document defining water facilities, type and scope of works , or operations financed in the period for which the annual program is adopted, the amount of funds for the realization Works or jobs, the amount of participation and other issues related to the construction, reconstruction, rehabilitation and maintenance of water facilities and for carrying out activities that, in the sense of this Law, are considered to be of general interest.
The annual program must be in accordance with the Water Management Strategy and Plan.
The Government, in the territory of the Autonomous Province, is the competent authority of the Autonomous Province, and in the territory of the City of Belgrade, the competent body of the City shall adopt the annual program .
4. Water activity
The term
Article 43
Water activity is a business of general interest.
Water activities include:
1) water flow regulation and protection against harmful effects of water;
2) Arrangement and covers e it is water;
3) protecting water from pollution .
Water activities are carried out in a way that ensures sustainable use of water, protects and improves aquatic and coastal ecosystems, reduces adverse impacts of floods, and reduces the harmful effects of global climate change.
4.1. Editing of watercourses and protection against the harmful effects of water
4.1.1. Editing the watercourse
Article 44
The regulation of watercourses, for the purposes of this Law, includes :
1) the construction and maintenance of water facilities for regulation of watercourses;
2) works to maintain the stability of Banks and bottom streams and increase or maintain the bandwidth for its water, ice and drift .
4.1.2. Protection against harmful effects of water
Protection against harmful effects of water and risk management
Article 45
Protection against the harmful effects of water includes measures r a dove for protection against flood water the external and internal (hereinafter referred to as a protection against floods) and ice, protection from erosion and torrent control and recovery Such action water .
The Republic of Serbia, the autonomous province and the local self-government units provide protection against the harmful effects of water, in accordance with this Law and special laws.
Risk management from the harmful effects of water includes: elaboration of a preliminary flood risk assessment, development and implementation of flood risk management plans, general and operational plans for flood protection, implementation of regular and emergency flood protection, implementation of ice defense on watercourses and Protection from erosion and torrential.
Finno on areas e
Article 46
In order to protect against the harmful effects of water, they are identified in the following areas:
1) area affected by floods (hereinafter: flood area);
2) an area that is due to erosion Ugro line a (hereinafter referred to as erosion area ).
Preliminary assessment of flood risk
Article 47
Preliminary assessment of flood risk is made for the territory of the Republic of Serbia and includes:
1) maps of aquatic areas in the appropriate scale, with the boundaries of the sub-basins, with a map showing the topography and how to use the land;
2) a description of flooding from the past that have had significant detrimental effects on human health, environmental effects, cultural heritage and economic activity and the likelihood of similar events in the future, which could have similar consequences;
3) an assessment of the potential consequences of future floods on human health, environment, cultural heritage and economic activities, taking into account topographic, hydrological and geomorphological characteristics and the location of watercourses, including flood areas, effect The existing flood protection facilities, the location of settlements and industrial zones, long-term development plans and climate change from impacts on the occurrence of floods.
The preliminary assessment of the flood risk is made by the Ministry.
The review, and, if necessary, the revision of the preliminary risk assessment of the floods is carried out by the Ministry, after the expiration of six years from the date of its elaboration.
The Minister shall establish a methodology for the preparation of a preliminary flood risk assessment.
Maps of vulnerability and flood risk maps
Article 48
A map of vulnerability and a flood risk map is developed for flood areas where there are significant flood risks.
Map ugroenosti flood contains information about granic s floodplains for floods of different return period , depth or level of water and, if necessary, the speed or flow of water.
The flood risk map contains data on the possible harmful effects of floods on human health, the environment, cultural heritage, economic activity and other information of importance for managing the risk of floods.
The map of vulnerability and map of the flood risk is made by a public water supply company.
Reviewing, and, if necessary, revising the map of vulnerability and flood risk maps, is carried out by a public water undertaking, after the expiration of six years from the date of their elaboration.
The boundaries of flood areas are also included in the spatial (spatial plan of the local self-government unit) and urban (general and regulatory) plans , and cadastral plots in these zones are managed in the water information system.
The Minister shall determine the methodology for drawing up the tickets referred to in paragraph 1 of this Article.
Flood risk management plan
Article 49
The Flood Risk Management Plan provides risk management by reducing the possible consequences of floods on human health, the environment, cultural heritage and economic activity.
The plan referred to in paragraph 1 of this Article shall be adopted for the territory of the Republic of Serbia and for water areas .
The plan referred to in paragraph 1 of this Article shall be prepared on the basis of a map of vulnerability and flood risk map, according to the methodology that contains: the objectives of flood risk management and measures for their achievement, priorities and manner of implementation of the flood risk management plan; Legal entities and funds necessary for the implementation of the flood risk management plan, the manner of harmonization with the water management plan and the inclusion of the public.
Drafting the p linen management of flood risks
Article 50
The flood risk management plan shall be adopted according to the procedure and manner of adoption of the water management plan.
Reviewing and updating the p linen management of flood risks
Article 51
Reviewing and updating the p linen management of flood risks for the territory of the Republic of Serbia boiling Ministry for Water on the field of public water management company, after the expiration of six years from the date of drafting the.
The adoption of the revised flood risk management plan is carried out in accordance with the procedure for adoption of the flood risk management plan .
4.1.2.1. Protection against the floods
Measures and works
Article 52
For the protection of floods, planning, construction, maintenance and management of water facilities for flood protection, watercourse management and other works and measures are provided, implementation of flood protection and rehabilitation of flood consequences.
The measures and works referred to in paragraph 1 of this Article may also be carried out outside the perilous area if this reduces the harmful effects of waters.
Merama and works from st. Clauses 1 and 2 of this Article shall not undermine the conditions for flood protection downstream and upstream of the place where the measures and works are undertaken.
Flood defense
Article 53
The flood defense includes the defense of large waters (external and internal) and ice damage.
The flood defense can be regular and extraordinary.
The flood defense is proclaimed :
1) in the river section , when the water level reaches the limits prescribed by the operational flood defense plan, and a further increase in water levels is expected, or when protective facilities are endangered due to long-standing water levels ;
2) in the land reclamation area , when the method of operation of the drainage system has been established, the flooding of the land reclamation area or its part can not be prevented , and the criteria and conditions established by the operational plan have been met ;
3) If, on the basis of the creation, launching and accumulation of ice on the watercourse, objects on the watercourse and the coastline are endangered.
Flood protection organizes and implements on the waters of the first order and on drainage systems in public ownership a public water supply company, and on the waters of the 2nd line of local self-government units , in accordance with the general plan for flood protection and the operational plan for flood protection .
General plan for flood defense
Article 54
The general plan for flood protection (hereinafter: general plan) is adopted for water lines I and II and for inland waters.
The General Plan referred to in paragraph 1 of this Article shall be prepared by the Ministry, and adopted by the Government for a period of six years.
The general plan contains in particular : measures that must be taken preventively and in the period of large water intake (external and internal); The method of institutional organization of the flood defense; Duties, responsibilities and powers of defense managers, institutions and other persons responsible for the protection of floods, ice and flooded inland waters; Method of observation and recording of hydrological and other data ; Forecast of occurrence and informing.
The general plan is submitted to the ministry responsible for internal affairs.
Operational plan for flood defense
Article 55
The Operational Plan and Plan for the Defense of Floods (hereinafter: Operational Plan) is adopted for:
1) water of row and inland waters;
2) water of the 2nd order .
The operational plan referred to in paragraph 1, item 1) of this Article shall be drafted:
1) for waters of the 1st order , in water areas , and includes watercourses where protective water facilities exist, as well as movements of watercourses where these facilities do not exist, if the waterway can be timely carried out by flood defense and That this is technically and economically justified;
2) for inland waters, in the land reclamation areas on which the inland waterway systems have been built.
The Operational Plan referred to in paragraph 2 of this Article shall contain in particular :
1) For Water Levels : data required for the effective implementation of the flood defense, including the name of the sector and sections, protective facilities, flood areas, relevant water meters, criteria for declaring regular and emergency flood protection, names Flood defense managers, flood defense plans, the name of legal entities that carry out flood protection, and other information of importance for the operational implementation of the defense, as well as measures for the defense against ice ;
2) Internal water : melioration area, names of responsible persons , drainage system facilities, criteria and conditions for declaring regular and emergency water protection .
The operational plan referred to in paragraph 2 of this Article shall be prepared by a public water undertaking, in accordance with the general plan, and adopted by the Ministry of the Territory of the Republic of Serbia no later than 31 . December of the current year for the next year.
The Operational Plan for the waters of the second order is passed by the competent authority of the local self-government unit, with the obtained opinion of the public water management company.
The operational plan referred to in paragraph 5 of this article shall contain in particular : data necessary for the effective implementation of the flood defense, criteria for declaring flood protection, the names of managers and the name of the flood defense entities, the manner of alerting and informing.
The operational plan is also made by legal entities whose property is endangered and flooded.
Operational plan from st. 5 and 7 of this Article shall be adopted, in accordance with the general plan and operational plan for waters of the Republic of Macedonia , for a period of one year, at the latest 30 days from the day of adoption of the operational plan for water and order.
The operational plans referred to in paragraph 1 of this Article shall be submitted to the ministry competent for internal affairs.
The obligations of a legal entity used by dams with reservoirs and the retention ba shadows
Article 56
A legal entity that uses dams with accumulation and retention basins is obliged to keep it and use it in such a way as to ensure acceptance of flood waves .
A person referred to in paragraph 1 of this Article Duno is that, in the period out of a flood, delivered republican organization nadlenoj for hidrometeoroloke affairs , public water management company and face specific operational plan for the defense of the d floods, position data and The level of accumulation basins per week, in the period of regular and emergency flood protection on a daily basis .
Temporary traffic ban
Article 57
In the event of floods minister competent and n of transport , the minister, moe to ugroenom area temporarily prohibit road, railroad or water transport.
The Ministry of Internal Affairs shall be notified of the temporary ban referred to in paragraph 1 of this Article.
Construction of transport infrastructure facilities
Article 58
Traffic infrastructure facilities must be constructed such that:
1) the ugroenim watercourse section representing a localization defense line;
2) create special cassettes which limit the impact of any breakthrough of the main protective water objects;
3) Do not disturb the flow of water, deposits and ice and respect the conditions of navigation.
Measures and works for breaking ice
Article 59
If , due to the accumulation of ice, creating ice barriers that can cause flooding or if due to start back in the rivers come, or may come to cover: damage of protective water structures and other structures in the riverbed and coastal Company deals with the m era and Ice breaking works , defined by the general and operational plan.
In order to protect from damage to bridges, passages through watercourses, waterways, vessels and other facilities and facilities, the owner or user of such facilities and facilities shall take measures and works referred to in paragraph 1 of this Article.
Dignity
Article 60
The person specified in the operational plan shall inform, in accordance with the law governing emergency situations, the competent authority on the need to declare an emergency situation if:
1) There is a danger that the announced hydrological situation significantly exceeds the conditions of emergency flood protection;
2) The state of protective water facilities and human and material potential are not sufficient for effective flood protection.
4.1.2.2. Protection against the harmful effects of erosion and torrential rains
Determination of the erosion area
Article 61
The erosion area, in the letter for its use and works and measures for protection from erosion and torrents, is determined by the local self-government unit.
The erosion area is determined on the basis of the following criteria: characteristics, intensity and categories of erosion, position and method of using the land.
The Minister shall prescribe the criteria for the determination of erosion areas.