Functional Review of the Ministry of Environment and Spatial Planning

Functional Review of the Ministry of Environment and Spatial Planning Functional Review of the Ministry of Environment and Spatial Planning

map.rks.gov.net
from map.rks.gov.net More from this publisher
25.07.2013 Views

environmental education / education for sustainable development 90 % environmental legislation 63.4% nature protection 80% rural development 73.4% sustainable development 70% Environmental NGOs have intermediate levels of performance. However, they have a problem developing activities which would better respond to or reflect the needs of the citizens. NGOs are often donor driven and do not have the support of the government. The Consultants’ opinion is that the departmental capacity to tackle these issues is highly underdeveloped. Recommendation III.6: An environmental communication strategy with the external bodies should be developed and applied in the practice. III.2 ENVIRONMENTAL INSPECTION DEPARTMENT The new laws in environmental protection require both: environmental impact assessment (EIA) and strategic environmental assessment (SEA) procedures. This would in principle involve early notification, screening, public participation and access to information as well as to decision-making. Environmental inspection and enforcement could be conducted pursuant to Art. 80 - 95 of the Law on Environmental Protection [No. 2009/03 L-025]. However, procedural issues have not been addressed yet, so inspection and enforcement of the legal provisions is not possible. Major deficiencies have been identified at the Inspectorate for Environment and Water. There is a very low number of genuinely professional environmental inspectors. There is a critical lack of respective legislation, applicable working methodology, relevant environmental standards and proper co-ordination of their activities as well as enforcement processes. There is no one accredited laboratory in Kosovo which covers the whole country. This is due the obligatory downsizing of the ministry staff resulting in all regional offices being closed. Modern enforcement concepts and standards, as envisaged by the promulgated primary legislation, are not yet in use. The MESP inspectors neither use standard inspectoral procedures nor standards as inspection parameters. Recommendation III.7: Drafting of an environmental inspection bylaw and the necessary associated instructions that provide the legal and regulatory framework for implementing inspection and enforcement functions is a priority objective. MESP should enhance inspection, control and enforcement of legislation's specific objectives to include the following: Effective operation of the national inspection system; Developing and implementing an environmental self-compliance and corporate environmental responsibility system by the industries; Implementation of the environmental settlement plans with industries; Developing special inspection programmes for environmental compliance. Regarding the experts opinion, the inspection and enforcement function creates the most serious difficulty in the current environmental administration in Kosovo.This particular field of environmental administration needs the highest priority to improve its performance. Any of routine process in environmental inspection, i.e. inspection planning, compliance monitoring, documenting of inspection and eventual enforcement process is not in practice in Kosovo. This is because: a) missing secondary legislation; b) insufficient organization of Inspectorate; and c) lack of practical experience. A properly organized programme of environmental inspections is one of the key success factors’ in environmental management. Recommendation III.8: Implement a training programme in the environmental inspection and enforcement using EU recognized trainers. 23

SPATIAL PLANNING / HOUSING AND CONSTRUCTION The European Commission in its Summary of the European Systems for Spatial Planning in 1997 described the Spatial planning as follows: “… mainly deals with the methods used by the public sector to create an impact on the division of the activities in the space in the future. This is undertaken with the goal of creation of rational organisation and usage of the space and interlinking between, in order to balance requests for development with the need to protect the environment in order to achieve social and economical objective. Spatial planning includes measure to coordinate spatial impact of three sector policies, in order to achieve one model of economical development of the regions, which in the contrary could be created from the trade economy, and to regulate the transfer of intended usage of land and property." Through spatial planning there is an objective tendency to achieve well balanced socio-economic and environmental development of all regions and municipalities in Kosovo, with aims to improve the quality of human life and well being. MESP according to provisions of the Law on Spatial Planning (No. 2008/03 L-106) is responsible, through the Department of Spatial Planning, for: coordination of the spatial planning of Kosovo and drafting the spatial planning policies, drafting of the relevant spatial planning documents and reports, supervision and monitoring of all urban/physical planning documents in whole territory of Kosovo; review, monitoring and harmonisation of the process of planning on the municipal level, ensuring accordance with the procedures of planning, advising and assisting municipalities on drafting development and urban plans as well as regulating urban plans, etc. The mandate of the Department of Spatial Planning is suitable and does not require major changes. Staffing levels are the problem – particularly understaffing at policy implementation level. The position of Kosovo among neighbouring countries from the perspective of regional development starts to be gradually improved thanks to the participation in various European integration initiatives such as CADSES and Stability Pact. Through these and in accordance with ESDP (European Spatial Development Perspective) are set joint goals and principles of equal and sustainable development where Kosovo is engaged in development projects in the region of Southeast Europe. These include: Promotion of spatial development in order to achieve social and economic cohesion; Efficient transport system and access to information society; Promotion and management of landscape, natural and cultural heritage; Environment protection, resource management and risk prevention. Spatial Plan of Kosovo 2005 – 2015+ 2 was approved by Government in principle back in 2005 and is now back to the MESP for additional inputs. This document promotes common interests of Kosovo residents for faster economic growth and improved quality of life, by protecting environmental resources and cultural and natural heritage. The Kosovo Spatial Plan is a strategic multi-sectoral and multi-annual programme taking into account all strategic aspects of social, economic, environment and regional development for all municipalities in Kosovo. During the development, account has been taken of all internationally accepted principles such as democratic participatory and inclusive process in defining developmental strategies and physical plans; promotion of full transparency in planning and decisionmaking process by allowing participants to have access to necessary data and maps; promotion of equal economic and social rights for all Kosovars and sustainable development. The main deficiency in the spatial planning sphere in Kosovo is represented in the fact that around 90% of municipalities have not yet drafted and approved their urban/municipal development plan. Recommendation III.9: A significant part of settlements in Kosovo experience a non-co-ordinated approach to development, i.e. development without approved spatial plan. This clearly defined process of planning, implementation and controlled development can not be abandoned. One of the most important 2 The plan was developed in co-operation with the UN – HABITAT, HIS - Institute for Habitat Studies and Urban Development of Rotterdam, The Netherlands as well as the Regional Institute for Development Research – RIINVEST, Kosovo. 24

SPATIAL PLANNING / HOUSING AND CONSTRUCTION<br />

The European Commission in its Summary <strong>of</strong> <strong>the</strong> European Systems for <strong>Spatial</strong> <strong>Planning</strong> in 1997<br />

described <strong>the</strong> <strong>Spatial</strong> planning as follows: “… mainly deals with <strong>the</strong> methods used by <strong>the</strong> public sector to<br />

create an impact on <strong>the</strong> division <strong>of</strong> <strong>the</strong> activities in <strong>the</strong> space in <strong>the</strong> future. This is undertaken with <strong>the</strong> goal<br />

<strong>of</strong> creation <strong>of</strong> rational organisation <strong>and</strong> usage <strong>of</strong> <strong>the</strong> space <strong>and</strong> interlinking between, in order to balance<br />

requests for development with <strong>the</strong> need to protect <strong>the</strong> environment in order to achieve social <strong>and</strong><br />

economical objective. <strong>Spatial</strong> planning includes measure to coordinate spatial impact <strong>of</strong> three sector<br />

policies, in order to achieve one model <strong>of</strong> economical development <strong>of</strong> <strong>the</strong> regions, which in <strong>the</strong> contrary<br />

could be created from <strong>the</strong> trade economy, <strong>and</strong> to regulate <strong>the</strong> transfer <strong>of</strong> intended usage <strong>of</strong> l<strong>and</strong> <strong>and</strong><br />

property."<br />

Through spatial planning <strong>the</strong>re is an objective tendency to achieve well balanced socio-economic <strong>and</strong><br />

environmental development <strong>of</strong> all regions <strong>and</strong> municipalities in Kosovo, with aims to improve <strong>the</strong> quality <strong>of</strong><br />

human life <strong>and</strong> well being.<br />

MESP according to provisions <strong>of</strong> <strong>the</strong> Law on <strong>Spatial</strong> <strong>Planning</strong> (No. 2008/03 L-106) is responsible, through<br />

<strong>the</strong> Department <strong>of</strong> <strong>Spatial</strong> <strong>Planning</strong>, for:<br />

coordination <strong>of</strong> <strong>the</strong> spatial planning <strong>of</strong> Kosovo <strong>and</strong> drafting <strong>the</strong> spatial planning policies,<br />

drafting <strong>of</strong> <strong>the</strong> relevant spatial planning documents <strong>and</strong> reports,<br />

supervision <strong>and</strong> monitoring <strong>of</strong> all urban/physical planning documents in whole territory <strong>of</strong> Kosovo;<br />

review, monitoring <strong>and</strong> harmonisation <strong>of</strong> <strong>the</strong> process <strong>of</strong> planning on <strong>the</strong> municipal level, ensuring<br />

accordance with <strong>the</strong> procedures <strong>of</strong> planning, advising <strong>and</strong> assisting municipalities on drafting<br />

development <strong>and</strong> urban plans as well as regulating urban plans, etc.<br />

The m<strong>and</strong>ate <strong>of</strong> <strong>the</strong> Department <strong>of</strong> <strong>Spatial</strong> <strong>Planning</strong> is suitable <strong>and</strong> does not require major changes.<br />

Staffing levels are <strong>the</strong> problem – particularly understaffing at policy implementation level.<br />

The position <strong>of</strong> Kosovo among neighbouring countries from <strong>the</strong> perspective <strong>of</strong> regional development starts<br />

to be gradually improved thanks to <strong>the</strong> participation in various European integration initiatives such as<br />

CADSES <strong>and</strong> Stability Pact. Through <strong>the</strong>se <strong>and</strong> in accordance with ESDP (European <strong>Spatial</strong><br />

Development Perspective) are set joint goals <strong>and</strong> principles <strong>of</strong> equal <strong>and</strong> sustainable development where<br />

Kosovo is engaged in development projects in <strong>the</strong> region <strong>of</strong> Sou<strong>the</strong>ast Europe. These include:<br />

Promotion <strong>of</strong> spatial development in order to achieve social <strong>and</strong> economic cohesion;<br />

Efficient transport system <strong>and</strong> access to information society;<br />

Promotion <strong>and</strong> management <strong>of</strong> l<strong>and</strong>scape, natural <strong>and</strong> cultural heritage;<br />

<strong>Environment</strong> protection, resource management <strong>and</strong> risk prevention.<br />

<strong>Spatial</strong> Plan <strong>of</strong> Kosovo 2005 – 2015+ 2 was approved by Government in principle back in 2005 <strong>and</strong> is<br />

now back to <strong>the</strong> MESP for additional inputs. This document promotes common interests <strong>of</strong> Kosovo<br />

residents for faster economic growth <strong>and</strong> improved quality <strong>of</strong> life, by protecting environmental resources<br />

<strong>and</strong> cultural <strong>and</strong> natural heritage. The Kosovo <strong>Spatial</strong> Plan is a strategic multi-sectoral <strong>and</strong> multi-annual<br />

programme taking into account all strategic aspects <strong>of</strong> social, economic, environment <strong>and</strong> regional<br />

development for all municipalities in Kosovo. During <strong>the</strong> development, account has been taken <strong>of</strong> all<br />

internationally accepted principles such as democratic participatory <strong>and</strong> inclusive process in defining<br />

developmental strategies <strong>and</strong> physical plans; promotion <strong>of</strong> full transparency in planning <strong>and</strong> decisionmaking<br />

process by allowing participants to have access to necessary data <strong>and</strong> maps; promotion <strong>of</strong> equal<br />

economic <strong>and</strong> social rights for all Kosovars <strong>and</strong> sustainable development.<br />

The main deficiency in <strong>the</strong> spatial planning sphere in Kosovo is represented in <strong>the</strong> fact that around 90% <strong>of</strong><br />

municipalities have not yet drafted <strong>and</strong> approved <strong>the</strong>ir urban/municipal development plan.<br />

Recommendation III.9: A significant part <strong>of</strong> settlements in Kosovo experience a non-co-ordinated<br />

approach to development, i.e. development without approved spatial plan. This clearly defined process <strong>of</strong><br />

planning, implementation <strong>and</strong> controlled development can not be ab<strong>and</strong>oned. One <strong>of</strong> <strong>the</strong> most important<br />

2 The plan was developed in co-operation with <strong>the</strong> UN – HABITAT, HIS - Institute for Habitat Studies <strong>and</strong> Urban Development <strong>of</strong><br />

Rotterdam, The Ne<strong>the</strong>rl<strong>and</strong>s as well as <strong>the</strong> Regional Institute for Development Research – RIINVEST, Kosovo.<br />

24

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!