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NEWSLETTER

July 2004

 

The information contained in this Newsletter is of a general nature and does not constitute legal advice

 

 

ENVIRONMENTAL NEWSLETTER

 

NATIONAL RULES

 

National Hydrological Plan

Royal Decree-Law 2/2004, of June 18, which amends Law 10/2001, of July 5, on the National Hydrological Plan. B.O.E. no. 148, of June 19, 2004. It came into force the same day of its publication. (More information)

Royal Decree-Law 2/2004 repeals those articles of the National Hydrological Plan governing the diversion of water from the Bajo Ebro to the hydrological basins of Catalonia, Júcar, Segura and Sur, at the time that approves the development of more than one hundred measures aimed at reaching a better management and re-utilisation of the water.

Royal Decree-Law 2/2004 incorporates two new annexes to Law 10/2001: Annex III, which incorporates a list with all new measures (which are considered of a public interest), and Annex IV, which incorporates and reorganises the set of measures that will be accomplished with a priority.

Waste Water Discharges

Order of the Ministry of Environment 1873/2004, of June 2, which approves the official forms for the waste water statement and developing certain aspects related to waste water discharge authorisations and the tax on waste water discharges governed by Royal Decree 606/2003, of May 23, which amends Royal Decree 849/1986, of April 11, which approves the implementing regulations of the Hydraulic Public Domain, which develops the Preliminary Title and Titles I, IV, V, VI y VII, of Law 29/1985, of August 2, on Water. B.O.E. no. 147, of June 18, 2004. It came into force the day following its publication. (More information)

In accordance with Article 246 of the implementing regulations of the Hydraulic Public Domain, the Order of the Ministry of Environment MAM/1873/2004 approves the official forms for the waste water discharge statement (declaración de vertidos) that must be attached to the application for the relevant waste water discharge authorisation to the hydraulic public domain.

According to its preamble, the main purpose of the official form approved by this Order is to ensure that the information contained in the waste water discharge statement is homogeneous, sufficient and precise for the purposes of elaborating the reports required within the administrative procedure for the granting of the waste water discharge authorisation.

In addition to approving these official forms, the Order of the Ministry of Environment 1873/2004 also regulates certain other aspects related to waste water discharges (such as the discharges made from industrial estates and housing developments) and to the liquidation and settlement of the tax on waste water discharges governed under the implementing regulations of the Hydraulic Public Domain.

 

AUTONOMOUS REGION RULES

Andalusia

Wet Lands

Decree 98/2004, of March 9, which approves the Inventory of Wet Lands of Andalusia and the Andalusian Committee of Wet Lands. B.O.J.A. no. 66, of April 5, 2004. It came into force the day following its publication. (More information)

The Decree 98/2004 has two main purposes. On the one hand,  the creation and regulation of the Inventory of Wet Lands of Andalusia and, on the other, the creation and regulation of the Andalusian Committee of Wet Lands, as an advisory and participating agency of the Autonomous Region of Andalusia.

Decree 98/2004 is intended to consolidate the objectives outlined by the Andalusian Plan of Wet Lands, approved by Resolution of the General Director of Protected Areas and Environmental Services of the Autonomous Region of Andalusia, dated November 4, 2002, and to compile and systematize all existing wet lands with an special natural value.

Finally, the Inventory of Wet Lands is designed as an instrument to serve the planning and programming works of the Department of Environment of the Andalusian Government within the scope of protected areas.

Catalonia

Waste Water Discharges

Order of the Department of Environment of the Catalonian Government 122/2004, of April 13, which approves the official forms for the waste water discharge statement. D.O.C. no. 4120, of April 27, 2004. It came into force the day following its publication. (More information)

The Order of the Department of Environment 122/2004 approves the official forms for the waste water discharge statements that must be filed together with the applications for waste water discharge authorisations, renewals or amendments within the limits of the internal basins of Catalonia.

According to the Order of the Department of Environment of the Catalonian Government 122/2004, in those cases in which the provisions of the waste water discharge authorisation are integrated in the relevant environmental authorisation or licence, it will be necessary, at the moment of requesting the authorisation or its amendment, to present the official form approved by this Order duly completed.

Navarra

Wind Farms

Decree 200/2004, of May 10, 2004, which governs changes in wind farms due to environmental reasons. B.O.N. no. 65, of May 31, 2004. It came into force the day following its publication. (More information)

The Decree 200/2004 aims to regulate the conditions for the authorisation of changes in the configuration of existing wind farms due to environmental reasons by means of the transfer or substitution of aero-generators within the same farm or among different farms.

With the authorisation of these changes in the wind farms, the power installed in the affected wind farm or in the receiving wind farm may be increased. This increase will take place, as adequate, in order to compensate the owner of the farm for damages resulting from the application of these corrective measures.

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