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Law No.03/L –233

 

OF NATURE PROTECTION

 

Assembly of Republic of Kosovo;

Based on Article 65 (1) of the Constitution of Republic of Kosovo,

Approves:

 

LAW OF NATURE PROTECTION

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1

Subject

1. This Law shall lay down a system for the general protection and conservation of nature and its values.

2. Nature in the meaning of this law represents all biological and landscapes diversity.

 

Article 2

Purpose

1. This Law regulates nature protection, its sustainable use and particularly:

1.1. protection, conservation, rejuvenation and sustainable use of natural resources, in condition of natural balance;

1.2. nature rejuvenation in harmed areas or their parts and compensation for inflicted damages;

1.3. establishment of protected areas network, planning system, management, stocktaking, monitoring, information and funding for the purpose of protection of nature;

1.4. preventing the over use of endangered types of flora and fauna, especially those of particular importance, rare and endangered, and their habitats;

1.5. ensuring the right of the public for information on the nature state and participation in decision making for nature protection;

1.6. ensuring the exercise of the right of citizens for healthy environment, relaxation and recreation in nature;

1.7. prevention of harmful activities in the nature, as a consequence of economical activities by legal or physical persons;

1.8. to maintain or restore, at favorable conservation status, natural habitats and species of interest for Kosovo according to EU standards;

1.9. conservation of all species of naturally occurring birds in the wild state (birds, their eggs, nests and habitats).

 

Article 3

Implementation

1. This Law applies in the Republic of Kosovo for all legal, physical persons and institutions which are holders of rights and obligations arising from this Law.

2. Provisions of this law do not apply in the case of avoiding the risk of direct life, human health or property, to rescue people or property and carrying out activities for the defense of the Republic of Kosovo.

3. The provisions of paragraph 2. of this Article shall apply only over time, as last quoted circumstances.

 

Article 4

General interest for nature protection

Nature and natural heritage are of the interest for Republic of Kosovo and acquired special protection.

 

Article 5

Principles of Nature Protection

1. Nature protection and conservation shall be based on:

1.1. principle of precaution – if based on the modern scientific and technical- technological knowledge, it is concluded that certain activity or action could damage nature, the necessary measures and activities shall be undertaken prior to obtaining the scientific proof that damages could occur.

1.2. principle of integration - the measures and activities of nature protection shall be integrated in all development strategic, planning and programme documents, plans for spatial development and use, as well as in the plans for natural wealth management and use.

1.3. principle - user pays – when using the nature, the user of the nature is obliged to compensate the costs for maintenance of the natural balance and for enjoying the natural heritage, as well as for recovery of the nature degradation that occurs when using the nature and enjoying the natural heritage.

1.4. principle of proportionality – using of non regenerative nature goods should be used in rational manner, whereas those that are regenerative should be used in sustainable manner.

1.5. principle of public participation - public have right on approach of information’s regarding nature state, right to be informed on time for nature damages, undertaken measures for eliminating caused damages, and also the right and opportunity to participate on decision making for nature.

1.6. principle of subsidiary - in the cases when responsible for damages can not be noticed than the rehabilitation costs and damage decrease shall be under the responsibility of state institutions.

1.7. principle of prevention – it shall be the right and obligation of individuals and legal entities to undertake measures and activities for nature protection before damages occur.

1.8. principle of cooperation – when juridical and physical person use natural good and spatial planning are obliged to follow principles, measures and conditions for nature protection.

2. In protection and prosperity of nature shall apply the basic principles for environmental protection in accordance with law.

 

Article 6

Implementation of nature protection

1. Nature protection shall be implemented through the conservation of biological and landscape diversity and the natural values.

2. Nature protection shall particularly be implemented through:

2.1. determination and evaluation of state of landscape and biological diversity components;

2.2. implementing the nature protection measures;

2.3. putting conditions and measures of nature protection in the spatial planning document and management plans of nature goods in activities of mining, agriculture, forestry, hunting, fishing, hydro-economy, and also other activities with impacts in the nature;

2.4. drafting reports of nature state, issuing and implementing strategy, programs, action plans and management plans;

2.5. determination of nature values and nature protected values;

2.6. establishing the system for administrating with nature values and nature protected values;

2.7. connection and harmonization of national system with the international system of nature protection;

2.8. encouragement of science investigations regarding nature protection field;

2.9. public information about nature state and public participation on decision- making for nature protection;

2.10. encourage and support the nature protection through increasing public awareness, especially through educative process.

 

Article 7

Definitions

1. The terms used in this Law shall have the following meanings:

1.1. Natural balance - state of the harmonized relations between living organism’s and their habitat. Break up of natural balance is inflicted when quantitative and qualitative structure of living communions changes, damaging or destroying their habitat, destroy or change action ability of ecosystem, discontinue ecosystem connection and/or is inflicted the considerable isolation between certain populations;

1.2. Nature degradation – state of nature when human activities have changed natural processes in such a degree that the natural balance i disturbed, or nature values are destroyed;

1.3. Derivate – organic or inorganic product of alive organisms;

1.4. Ecosystem – spatial more or less limited dynamic complex of bio-cenosis and

non living environment that interact as functional entirety;

1.5. Fossil – remaining form animal and plant origin or traces of former life forms;

1.6. Introduction – purposed or un-purposed spreading of species and sub - species in the ecosystem to an area in which they never lived before;

1.7. Public interest – interests which are for the welfare of public;

1.8. Speleological cadastre” – parts of the data base of speleological objects and

aggregate parts of the data base of nature heritage values;

1.9. Ecological corridor” – ecological component or connection of some components which allow free movement of alive organisms from one site to another and constitute part of the ecological network;

1.10. Trap” – tool which is used for animal holding or catching, with which one will trip – up animals free movement;

1.11. Biodiversity – diversity of alive organisms including variety within the species, among the species, as well as the variety of the ecosystems;

1.12. Genetic diversity” – diversity of genes among the individuals, populations, species and higher taxonomic categories;

1.13. Landscape diversity - territory with special characteristics of relief, made from ecosystem complex integrated in functionally manner including civilization elements;

1.14. Wetlands – includes marshland areas, mosses, natural or artificial waters, permanent or temporary waters with flow water and backwater where the depth of the lower flow does not exceed six (6) meters;

1.15. Species – taxonomic unit, including plants, mushrooms, animals or micro organisms of low taxons or their populations, whereas in the Law have to do with their species and sub species;

1.16. Wild species – species and sub - species of the plants, mushrooms or animal, which was not generated under human influence as a result of artificial selection - selection or breeding with aim of race profit of the domestic animals and cultivated plants - or genetic modification of heritable material by modern biotechnology techniques;

1.17. Local modified species - species in which ones evolution process are influenced by the human activities with purpose of food production;

1.18. Autochthonous specie – local species which naturally occurs in the certain ecosystem of one area;

1.19. Endemic species” – species or sub species whose distribution is limited in certain area;

1.20. Alohton specie – extraneous or exotic species, population and distribution of which didn’t exist before in the certain ecosystem of one area, but in that area came with or without intention;

1.21. Threatened species – species which are in confrontation with high credibility of disappearing in nature conditions within rapidly future;

1.22. Species of the Community interest – species that exists in Republic of Kosovo territory and are listed or may be listed in Annex II, IV and V of EU Habitats Directive;

1.23. Priority species – species that are with interest for Community, for which’s the Community have special responsibility of conservation status in view of the proportion of their natural range. These priority species are marked with one asterix (*) in Annex II of the Habitats Directive;

1.24. Nature protection – every procedure in the system of measures carried out for the purpose of biological and landscape diversity and protection of the natural heritage;

1.25. Minerals - self-created chemical elements, homogeneous of the structure, form and content. Minerals in the content of this Law are not mining materials;

1.26. Minister - minister of the Environment and Spatial Planning;

1.27. Ministry - Ministry of Environment and Spatial Planning;

1.28. Institute- Kosovo Institute of Nature Protection

1.29. Factitious nature – part of the nature which is created by human beings with educative and educational aim, creating landscape elements, or with other

purposes which are important for conservation of biological and landscapes diversity - trees typesetting, parks, botanic gardens, arboretums;

1.30. Nature – the entire biosphere, including components of biological diversity, habitats, geological formations, minerals and fossils, as well as other physical and geographic phenomena on Earth;

1.31. Intervention in the nature – any plan or project not directly connected with or necessary to the management of the area but likely to have a significant effect to SPA and SAC thereon, either individually or in combination with other plans and projects, shall be subject of appropriate assessment of its implications;

1.32. Speleological objects - hole/underground space longer than five meters created under nature conditions under impact of factors of un-organic origin and in which ones can entry the human;

1.33. Administration body – all responsible institutions for nature protection excluding those in municipal level;

1.34. Competent municipal body - responsible institutions for nature protection in municipal level;

1.35. Landscape – part of a territory with special characteristics, fromed by a complex of integrated ecosystems in functional manner including the elements of civilization;

1.36. Nature components – every authentic components of nature: plants, mushrooms, animals, minerals, fossil, rocks, water, air, land, etc;

1.37. Monitoring of state - monitoring” – planning monitoring of the state of nature respectively components of biological and landscape diversity;

1.38. Nature rejuvenation - restoration – series of measures by which ones the broken state of biological and landscape diversity will be restored in approximate authentic state;

1.39. Management plan for protected area – planning document where responsible management authority of protected area, plans measures and activities for nature heritage protection;

1.40. Economizing plans of nature goods – based on special laws are determined economic bases of management, economize and use of natural goods for economical, social and ecological purposes. This plan and program implies each plan and program which is prepared under subordination and/or approved by local or state level, or which is prepared and issued by executive organ according to legal procedure in the Kosovo Assembly or Government and which one is

foreseen by law or sub-legal act, including also plans and programs for amending and fulfilling these plans and programs;

1.41. Population – a sum unit of same species linked in space and time that can freely crossbreed;

1.42. Re-intrusion - reintroduction – re-population of one specie in the area where it previously disappeared from, and the ecosystem still has almost the same environmental conditions as before their disappears;

1.43. Nature conservation – series of adequate measures for maintenance or restoration of nature habitats and population of wild species of flora and fauna within favourable status;

1.44. Ecological network – system of important ecological area linked between them, which ones by bio-geographic balanced distribution, visibly contribute on conservation of habitats and species and biological diversity, made from important ecology area for Republic of Kosovo, and are included in the System of Important Ecological Areas of EU “NATURA 2000”;

1.45. Sustainable use – use of biological diversity components within one manner and rhythm, which do not cause long-term decreasing of the biological diversity, maintaining her potential, for fulfilling needs and aspirates of present and forthcoming generations;

1.46. Cliff – unique form of the relief with hydro-geologic and geo-morphologic specific characteristics;

1.47. Exfoliations – presents mineral stratifications of the underground spaces with different forms - stalactites, stalagmites, haloclines;

1.48. Conservation status of species - the sum of influences acting on the species concerned that may affect the long-term distribution and abundance of it’s population within territory of Republic of Kosovo;

1.49. Conservation status of nature habitats – the sum of operative influences in the nature habitats and their specific types, that may affect long-term natural distribution, structure and function and also long-term survival of their authentic types;

1.50. Nature goods - nature resources” – every component of nature used by man for economic purposes. Nature goods may be un-renovable - mineral materials and renouvable biological goods, water, renouvable soil;

1.51. Habitat of a species – environment defined by specific factors biotic and a- biotic, in which species lives in every biological cycle of their life;

1.52. Natural habitat types of Community interest - those natural habitats which are in Republic of Kosovo and are or may be listed in the Habitat Directive Annex I;

1.53. Priority natural habitat types – natural habitat types in danger of disappearance, which are present in the territory of the Republic of Kosovo for the conservation have special responsibility upon proportion with naturally decrease level in certain territory. Those types of natural habitats with priority are marked with a star (*) in Annex I;

1.54. Trading - sales and purchase, possession with commercial aim, public exposure with, use with aim of financial profit, retention with aim of sale, sales offer or transport with aim of trading or renting, or exchanging wild species which are under protection;

1.55. Resettlement place – expanse dedicated for temporary dwelling, respectively for cure of diseased or injured animals, forsaken lings which ones alone could not survive in the nature, animals taken from their owners because of illegal retention in deportation, illegal trade, exporting, importing and other reasons defined by law;

1.56. Natural habitat – terrestrial or aquatic areas distinguished by geographic, biotic and a-biotic features, whether entirely natural or semi - natural;

1.57. Nature protected value - nature value protected by the organ determinate by this Law and registered on the Register of nature protected values and has to do with protection areas: - strict nature reserve, national park, special area, nature park, nature monument, protection landscapes and monument of park architecture -, protected plant species, mushrooms and animals including exemplars of carrion of protected wild species based on this Law and international legal acts, parts of their derivatives and also minerals, fossils, and protected exfoliations;

1.58. Nature values - nature parts that deserves special protection with aim of landscape and biological diversity conservation, because of their sensibility or because of scientific, cultural, aesthetic, educative, economic, and other public interest;

1.59. Area – one defined geographical territory, which ones spreading is outlined evidently;

1.60. Important ecological area - territory which evidently contributes in conservation of biodiversity in the Republic of Kosovo;

1.61. Special area – special area of protection or special area of conservation;

1.62. Special Protected Areas– SPAs” – declared area in accordance with EU Directive for wild birds, the most suitable territories in number and size for the conservation of species listed in Annex I and for regularly occurring migratory species;

1.63. Special Area of Conservation - SAC” – a site of Community importance declared through legal administrative measures, and/or contract act when measures of necessary conservation are implemented for maintaining or restoration in favourable status of nature habitat conservation and/or population of the species for which’s the area is declared.

 

CHAPTER II

NATURE PROTECTED VALUES

 

Article 8

1. Nature protected values, according to this Law are:

1.1. protected areas:

1.1.1. strict nature reserve;

1.1.2. national park;

1.1.3. special area – SPAs and SAC;

1.1.4. nature park;

1.1.5. nature monument;

1.1.6. protected landscape;

1.1.7. park architecture monument.

1.2. protected species:

1.2.1. strictly protected wild specie;

1.2.2. protected wild specie;

1.2.3. protected local modified species.

1.3. protected minerals, exfoliation and fossils.

2. Nature protected values are ranked as following by importance:

2.1. international;

2.2. national;

2.3. local.

3. Category rank from paragraph 2 of this Article shall be determined by sub legal act of Ministry based on professional assessment of nature protected value.

 

Article 9

Trans - boundary Protected Area

1. Protected Area may be connected with protected area of another state.

2. Management plan and protection measures of trans - boundary protected areas, shall be determined with an agreement by competent authority of the states in which lie part of trans - boundary protected area.

 

Article 10

Strict nature reserve

1. Strict nature reserve is an area of the land and/or water, which is unchanged or least- varied and it’s dedicated exclusively for conservation of nature resource, scientific investigation of biological diversity, monitoring of nature state, as well education if does not inflict any dangerousness of freely development of nature processes.

2. For Investigations and for educative visits of the strict nature reserve, it’s necessary to claim a permit from the Ministry.

3. In the strict nature reserve its prohibited performance of economic and other activities.

 

Article 11

National Park

1. National park is a large area of the land and/or water, with extraordinary and diversified natural values, including one or more of natural ecosystems conserved or least-changed and especially dedicated for conservation of nature authentic values.

2. A national park is intended for scientific, cultural, educational and recreational purposes.

3. In the national park shall be permitted operations and activities with which it’s not risked the original nature.

4. In the national park are prohibited economical uses of nature goods.

5. In the national park shall be permitted tourist - hotelier and recreation activities which are with assignment of visits, education, healthy needs - touristy and recreation, extensive traditional agriculture, fishery, if they don’t present any dangerousness of the species existence and natural - balance in accordance with this Law and management plan.

6. The activities from paragraph 5. of this Article may be restricted in order to conserve authenticity of nature in a national park.

 

Article 12

Special area of conservation

1. Special area of conservation is a wide area of the land and/or water, with special importance because it’s unique, rare or representative or is a habitat of wild species and especially is important for science.

2. Special area could be: floristic, mycological, forestall and of other vegetation, zoological, -ornithological, ichtiological, geological, pale-ontological, hydrogeological, hydrological etc.

3. In the special area are prohibited interventions, works and activities, which could destroy characteristics because of which it is declared as special area: collecting and destroying plants, disturbance, catching and killing animals, introducing of new biological species, melioration interventions, different forms of economic or and other uses.

4. In the special area shall be permitted interventions, works and activities, which ones sustain and improve conditions that are important for conservation of the features, because of which it’s declared as a special area.

5. Visiting and touring of a special area could be prohibited or limited by protection measures.

6. By act of declaration the special area, at once are protected also different values because of which it’s declared as a special area: ornithological – ichtiological, geological – hydrologic etc.

 

Article 13

Nature Park

1. Nature park presents large natural area or partly artificial of the land and/or water, with ecological features of national and international importance with emphasized values of landscapes diversity, - educational, cultural - historical and tourist – recreational values.

2. In the nature park shall be permitted economic and other activities that do not risk the role and important characteristics of the nature park.

3. The method of execution of the economic activities and use of nature goods in the nature park shall be determined by nature protection conditions.

 

Article 14

Nature monument

1. A nature monument is the individual unchanged segment or a group of segments of living or non-living nature distinguished by ecological, scientific, aesthetic or educational value.

2. Nature monument may be: geological - pale-ontological, mineralogical, hydrologic, geologic structure, sediment, geomorphologic - cave, chasm, cliff walls, hydrologic – water sources, water flow, waterfall, lake, botanic - rare exemplars or important for vegetative world of one locality, small botanic or zoological locality, important for its scientific values.

3. In the nature monument or in his locality which is component part of protected area, shall not be permitted activities that endanger characteristics and its values.

 

Article 15

Protected landscape

1. Protected landscape is natural or factitious nature area with high landscape and biological diversity values, or cultural - historical, or landscape with unique conservation characteristics for certain region that is dedicated for relaxing and recreation.

2. In the protected landscape are forbidden interventions and activities that destroy characteristics for which ones it is declared protected.

 

Article 16

Park architecture monument

1. Park architecture monument it’s an artificially created space: botanic garden, arboretum, city park, tree typesetting and other forms of parks and gardens, respectively individual or grouping timbres with high aesthetic values, cultural - historical, ecological or scientific.

2. In the park architecture monument and in his direct nearness, which is component part of protected area, shall not be permitted works and activities which could change or destroy values for which ones it is protected.

 

Article 17

Protected species

1. Wild species which are rare or endangered shall be protected as strictly protected species and protected species.

2. Strictly protected species shall be determined if:

2.1. wild specie it’s in danger to disperse from territory of Republic of Kosovo;

2.2. is endemic specie in one limited territory;

2.3. wild specie protected based on international agreements.

3. Protected specie shall be determined if:

3.1. local wild specie is sensitive or rare and it’s not under risk to disperse from territory of the Republic of Kosovo;

3.2. wild specie which is not in danger but because of his appearance easily can transform in wild specie in danger;

3.3. wild specie according to enforced international agreements.

4. Local modified species protected could define that kind/ autochthon variety of plant or animal which is developed as a consequence of traditional cultivation and presents nature heritage value.

5. Regarding issues of wild species protection and locally modified species which are not regulated by this Law will be implemented special provisions.

 

Article 18

Minerals, exfoliation and protected fossils

1. Protected mineral may be defined that mineral, group of minerals or exfoliations which are rare with special appearance or size, or with extraordinary scientific importance, in the meaning of this Law presents nature value.

2. Protected fossil could be defined that fossil which is rare with special appearance or size, or with extraordinary scientific importance, in the meaning of this Law presents nature value.

3. Minerals, exfoliation and fossils are property of Republic of Kosovo.

4. Its forbidden destruction of the protected minerals, exfoliation and fossils and also their finding places.

 

CHAPTER III

PROCEDURES OF ANNUNCIATION THE NATURE PROTECTED VALUES

 

Article 19

Protected areas

1. National Park shall be announced by law the Republic of Kosovo Assembly - hereinafter Assembly.

2. Strict nature reserve, special area SPAs and SAC, nature monument of particular importance and nature park, shall be announced by Government of Kosovo -hereinafter Government.

3. Nature monument, protected landscape, park architecture monument, shall be announced by municipality assembly, in which territory are located, after taking preliminary permit issued by the Ministry.

4. Protected areas from paragraph 3. of this Article, which are located in territory of two or more municipalities, based on the Ministry’s proposal shall be announced by Government.

5. Whether protection from paragraph 3. of this Article is proposed by the Ministry, whereas the municipality assemblies within a term of three months, since the received day would not issue a protection act, that nature value announce the Government.

 

Article 20

Content of annunciation proposal

1. Proposal of annunciation act it’s based on professional proposal which is drafted by Kosovo Institute for Nature Protection -hereinafter Institute, with which one are determined values of the area which is proposed for protection, administrative manner of that area, as well proposal of the body which issues the annunciation act for insuring fund for administration with protected area.

2. Professional base from paragraph 1. of this Article includes detailed description of value characteristics of the protection area, assessment of state of that area, consequences that rise from issuing that annunciation act, especially for property right and economy activities that come across, and also assessment of the necessary funds for implementation of the annunciation act of protected area.

3. For the proposal of protected area annunciation the public shall be informed. Informing the public implies public approach on the proposed annunciation act of protected area, professional basis containing cartographic documentation.

4. The procedure of enabling public access to information in granting status of national parks, nature parks, strict nature reserve and special area, shall be organized and lead by Ministry, whereas public approach of the other annunciation of protected area: - nature monument, protected landscape and park architecture monument - shall be organized and lead by municipality assembly.

5. Public approach from paragraph 4. of this Article will lasting at least thirty (thirty) days.

6. The proposal of annunciation act of the protected area has an obligation to declare the proposals that rise from public approach, whereas submitted remarks from debate become component parts of documentation in which bases the annunciation proposal.

7. Notification of public access should be announced in media for public information and in web page of the Ministry and includes notes, hartographic documentation and other documentation regarding the area proposed for protection, time frame for review, final date for receiving comments and references from the body that receives those comments.

 

Article 21

Content of annunciation act

1. Annunciation act of protected area shall include as following:

1.1. name and category of protected area;

1.2. spatial borders of protected area;

1.3. proportion signs of cartographic dimension, respectively other location signs;

1.4. cartographic presentation for Special Area on a scale at least 1:5.000 and for other protected areas 1:25.000 with borderlines, respectively with location signs, which are component parts of annunciation act.

2. With aim of preventing the dangerousness of the nature protected area, by annunciation act could be determined the buffer area around protected area and described its protection measures.

 

Article 22

Annunciation act

1. Annunciation act of protected area from Article 21 of this law enounces in the “Official Gazette of Republic of Kosovo”.

2. Cartographic documents with borderlines, respectively with location signs, shall be under care of the organ that issues act, whereas one copy of this act and location sign is obligated to be delivered to the Ministry and Institute.

 

Article 23

Status disappearance of protected area

If the protected area announced by the Municipality loses his values, of which ones it’s protected, the authority that issued the protection act, issues the intersection act of protection, after preliminary consent by Ministry, and which it’s not necessary when the intersection act of protection is declared by the law or by sub legal act of Government.

 

Article 24

Preliminary protection

1. For the area of which ones the Institute based on the professional reasoning determine that they have characteristics of protected areas and/or it is initiated the procedure for taking it under protection, will be determined that it is under preliminary protection by issuing the decision of preliminary protection. The Decision of precursory protection will be issued by the Ministry.

2. By the decision of precursory protection will be determined protected area, measures and protection conditions and also deadline definition which could not be longer then two years since the issuing day.

3. During the period so far is prolonged the precursory protection of nature values, are applied provisions of this law.

 

Article 25

Protected species

1. The wild species which are under dangerousness in the of this Law, the Ministry by special Act proclaims protected species or strictly protected species, in the Institute proposal, based on assessment of the threatened level of certain species and obligations that rise from international agreements.

2. Regulation from paragraph 1. of this Article, issues based on the red list drawn up by Institute.

 

Article 26

Local modified species

1. Local modified species which are endangered in the meaning of this Law on Institute proposal, minister determines and proclaim them as protected local modified species.

2. By decision from paragraph 1. of this Article are determined cultivation purposes, rules of conservation and conservation of clear genetic and genetically health bases, as well manner of use of the local dangerous species modified that aren’t determined by special law.

 

Article 27

Protected minerals, exfoliations and fossils

Minerals, exfoliations and fossils shall be determined and announced under protection by the minister based on the proposal of Institute.

 

Article 28

The register of nature protected values

1. Nature protected values are registered in the Register of the nature protected values.

2. The Register of nature protected values shall be kept by the Ministry.

3. The registry and deletion of nature protected values from the Register shall be carried out based on the determination act, respectively annunciation, for precursory protection or act on intersection of protection.

4. Content and keeping manner of the Register of nature protected values, determines the minister by sub legal act.

5. Data from the Register of nature protected values shall be public, except if its determined that extension data’s of nature protected values shall remain confidential for the sake of protection thereof.

6. Records in Register, their changes and deletion from it shall be published on “Official Gazette of the Republic of Kosovo”.

 

CHAPTER IV

IMPLEMENTATION OF PROTECTION AND NATURE CONSERVATION

 

Article 29

General measures for nature protection and conservation

1. Owners and holders of the use right of the nature components, are obligated to permit the organ representatives to accomplish their administrative works and/or professional works of nature protection: - hereinafter competent authority - and authorized persons by them, to visit and to look around with aim of investigation, gathering professional data’s, and also supervising the implementation of foreseen measures and defined conditions for nature protection.

2. Provisions from paragraph 1. of this Law are valid also for nature protection values.

 

Article 30

Organize rides in motor vehicles

1. For organizes rides, rides on motor vehicles outside settlements of the vehicles: test- rowing, cross-rowing, rowing out of the roads, sportive - rowing, racing row and promotion, outside of all types of roads, field roads and well-ordered pathways, should be taken the permit by the Ministry with consent of competent authority of agricultural and forestry.

2. In case of performance of the official duties, agricultural activities, forestry or other allowed activities, when this is in accordance with this Law and other provisions, permit its not needed.

 

Article 31

Change of land destination

In the protected area, its impermissible change of land destination, which is incompatible with spatial planning documents and the Law on Agricultural Land.

 

Article 32

Fertilizers and pesticides

1. Ammunitions for protection of the plants and mineral fertilizers may be used only based on professional assessment and verifying results of general state on protected species, in acceptable nature- friendly manner and in accordance with other provisions.

2. In case of based suspicion that with ammunitions for protection of the plants or mineral fertilizers, will be endangered biological diversity or nature values, respectively the measure use it’s not permitted by ecological aspect, the minister after taking the preliminary opinion of competent authority for agriculture and forestry, will limit by temporary instruction, or permanently will forbid the use ammunitions for protection of plants, or mineral fertilizers by which ones will be endangered biological diversity or nature value.

 

Article 33

Intervention in the nature

1. Assessment of acceptability for ecological network is obligatory process by which one is evaluated the existence of credibility of the plan and program implementation, or intervention in the area of ecological network, alone or combined with other plans, programs or interventions, could have significant impact on conservation goals and in integrity of the area of ecological network based on its structure and functionality.

2. Assessment of acceptability of the ecological network it’s not required if the plan, program or intervention is directly linked with management of the area of ecological network.

 

Article 34

1. For the planned intervention in the ecological network area, which own or together with other interventions that could significantly impact the goals of conservation and integrity of the area of ecological network, examined acceptability for ecological network in accordance with this Law.

2. For intervention for which the special law which regulates the Environmental Impact Assessment -EIA- required evaluation of the impact of intervention for intervention and for which the need is determined during the evaluation procedure of reviewing the evaluation, review key on acceptability intervention for ecological network in relation to the goals of preserving the integrity of the ecological network is performed within the obligatory procedure for EIA.

3. For the implementation of plans and programs which may be important impact on the goals of conservation and integrity of ecological network obligatory shall apply for assessment of acceptability for ecological network.

4. For plans and programs for which the law which regulates the environmental protection provided obligation on Strategic Environmental Assessment as well as plans and programs for the strategic needs assessment is confirmed in the review process of that evaluation, the main review on acceptability of plan and program for the ecological network in relation to the goals of conservation and the integrity of the ecological network area is performed within the procedure for obligatory strategic assessment on plan and program.

5. Content, time and manner of implementing the procedure for assessment of the acceptability to ecological network in relation to the goals of conservation and the integrity of network area, and the manner of the public information, the minister shall regulate by sub legal act.

 

Article 35

1. Procedures for deliberation of the acceptability for the area of ecological network consist of: preliminary deliberation of the acceptability hereinafter preliminary deliberation, main deliberation of the acceptability of other suitable alternatives - hereafter the main deliberation, the definition of major public interest and compensating conditions.

2. Where preliminary deliberation likely significant impacts will be assessed. If there is a doubt of significant impact the grant of the plan or project has to be rejected.

 

Article 36

1. Ministry implement preliminary deliberation for the area of ecological network if it is simultaneously protected area in the categories national park, nature park, special area, natural monument, as well as for interventions for which the competent authority of local administration for environmental issues and spatial planning implement the EIA procedure and the deliberation of EIA according to the special act.

2. The competent authority of Municipality responsible for the protection of nature - hereinafter competent authority - in the territory of which is the area of ecological network, implement preliminary deliberation of the area of ecological network, which includes the area of protected categories in the protected landscape, monument of park architecture, as well as interventions in the area, which is not specifically protected and for which the competent authority of the administration implements the EIA procedure and the procedure of reviewing the EIA according to the particular act. During the screening procedure prior authority is obliged to ask the opinion of the Institute in advance.

3. If during the preliminary deliberation procedure referred to in paragraph 1. and 2. of this Article proves that the planned intervention has not significantly impact in the area of ecological network, Ministry respectively administrative body issued the certificate on the acceptability of the intervention. If proven that intervention could have significant impact in the area of ecological network, Ministry respectively administrative body shall reject the issuance of authorization in the first phase.

4. The decision from paragraph 3. of this Article shall not be issued if the particular act of the field of environmental protection interventions implement EIA procedure respectively the deliberation on the need for evaluation. In that case the Ministry respectively administrative body in the decision gives opinion on the obligation to follow the procedure for main deliberation. In the procedure which will be implemented by special act of the field of environmental protection, this opinion is mandatory during the issuance of the decision on the need to deliberation of the evaluation of the impact assessment of intervention on the environment.

5. Contents approximate of the act from this Article is defined in paragraph 5. Article 34. of this Law.

 

Article 37

1. The main deliberate shall be implementing by Ministry respectively municipality administrative body.

2. If the main deliberate proves that the planned intervention no harmful impact on the goals of preservation and integrity of the area of ecological network, Ministry respectively administrative body issue a decision allowing the intervention. The decision determined measures to reduce harmful effects on the area.

3. During the main deliberating the administrative authority or competent authority of the municipality is obligated to ask the opinion prior to the Institute, while the decision from paragraph 2. of this Article, submit to the Ministry.

4. If the deliberation of acceptability of intervention in ecological network proves that the planned intervention have harmful impact on the goals of conservation and the integrity of the area of the network, the Ministry, respectively the administrative body, issued a decision with which reject the request for implementation of the intervention. The body of the administration submits its decision to the Ministry.

5. When main deliberation implement in procedure EIA in accordance with the Law on Environment Protection, the main examination will not be applied as separate proceedings under this Law. In that case the procedure of the EIA, the study must contain all records provided for main deliberation of the acceptability for ecological network, act in accordance with Article 34. paragraph 5. of this Law.

6. The decision from paragraph 2. and 4. of this Article shall not be issued in cases where the specific provisions of the area of environmental protection apply to the evaluation of intervention impact on the environment. In that case the decision on acceptability of the intervention on the environment will contain a deliberation of the acceptability for the ecological network in accordance with this Law.

 

Article 38

1. If during deliberation of acceptability of intervention in the area of ecological network, its verified that planning intervention has harmful impact on the network and there is not other suitable solution without visible impact, however, the intervention will be undertake if there are existing imperative reasons of overriding public interest, including that social and economic.

2. The party in the procedure, or interested party, may present his request to the Ministry for starting the procedure of determining the major public interest and compensation conditions.

3. Whether it’s verified the essence of major public interest from paragraph 1. of this Article, the Ministry issues decision of permitting execution of planning intervention. By this decision are defined compensation conditions with aim of preservation of general connection of the ecological network.

4. Whether it’s not verified the essence of the major public interest, the Ministry by decision will refuse request of the intervention executing.

5. Excepting, if in the area of ecological network lie the habitat type and/or type from the Register of important habitats types that are specifically in danger, the major public interest because of which is permitted the planning intervention will be allowed only in case when the connection has to do with human health and public safety, or placing visibly propitious conditions for environment, or other reasons of overriding public interest, for which is issued Governmental decision by public participation. By decision are determined the compensation conditions, conditions with aim of preservation of the ecological network connection.

6. Excepting, in cases when by special acts of the environmental protection field for intervention is executed the procedure of environmental impact assessment, for overriding public interest and compensation conditions, competent authorities from paragraphs 3., 4., and 5. of this Article will not issue a decision in accordance with this Law, but gives opinions which are obligatory in the procedure of environmental impact assessments of intervention.

7. Register from paragraph 5. of this Article, shall be issued by the Minister.

 

Article 39

1. For the plans and programs for which it’s not obligated the Strategic Environmental Assessment –SEA or deliberation of the need for SEA, and implementation of which ones could have important impact on the purposes of preservation and integrity of the area of ecological network, the procedure deliberation of acceptability for network executes the Ministry.

2. For the plans and programs from paragraph 1. of this Article, the deliberation of acceptability for ecological network shall be executed in the procedure of issuing conditions, measures and precursory consent in accordance with Articles 124., 125. and 126. of this Law.

3. Deliberation of acceptability for ecological network in proportion with preservation purpose and integrity of network area, for the plans and programs for which ones by the Law which regulates environmental protection, its foreseen constraint of the strategic environmental assessment deliberation about necessity of strategic assessment, shall be executed in accordance with Article 34 paragraph 4. and Article 40 of this Law.

 

Article 40

1. For the plans and programs from Article 39 paragraph 3. of this Law, by which ones it’s defined the obligation of strategic environmental assessment, precursory deliberation of the area of ecological network that executes the Ministry.

2. For the plans and programs from Article 39 paragraph 3. of this Law, for which ones by the Law on Environment Protection it’s defined the obligation of strategic environmental assessment, precursory deliberation for the area of ecological network which is implemented in the procedure settings of the strategic assessment processing’s according to the provisions from the environmental protection field.

3. Whether by the precursory deliberation for the plans and programs from paragraph 1. and 2. of this Article it’s verified that it could have visible impacts in the area of ecological network, the Ministry gives the opinion by which defines that it’s necessary the implementation of the main deliberation for ecological network.

4. The main deliberation for the area of ecological network executes during the procedure of strategic environmental assessment according to the special provisions of the environmental protection field.

Article 41

1. If the holder of intervention will not undertake the mitigation measures from Article 37 paragraph 2. and compensation conditions from Article 38 paragraph 3. and 5. of this Law, these will be executed by the administrative authority or by competent municipal authority at his expenses.

2. Administrative authority or the competent municipal authority by decision will define the obligations of the holder of intervention and amount of the expenses for execution.

3. Appeal in decision from paragraph 2. of this Article will not hold over the decision execution.

 

Article 42

1. Nature interventions are planned on that manner to avoid damages and to arrive on lower harmful level of nature.

2. During the intervention execution the holder is obligated to operate on manner that less harmful for the nature, and when the intervention is finished he is obligated to emplace the same nature condition or approximately the same, which was before intervention, respectively to make nature rejuvenation.

 

Article 43

Competent authorities for decision-making

1. Ministry, determines the special conditions for nature protection in the procedure of issuing permit of the construction and for works performances as well interventions in the territory of national park, special area, nature park, nature monument, and also outside of the borderlines of construction area for constructing important buildings of Republic of Kosovo defined by special act..

3. Competent municipality authority during the procedures of issuing permit of the location for construction and works performances and also interventions in the territory of protected landscapes, monument of park architectures, as well outside of the borderlines of construction area, defines special conditions of nature protection.

2. Permit from paragraph 1. of this Article shall be issued only if the construction of facilities is planned with the Spatial Plan of protected area and implement EIA procedures and acceptability for nature.

 

Article 44

Compensations for damages caused in the nature

1. Compensation conditions are determined depending from foreseen damages or inflicted damages in the area of ecological network and also by reversibility capacity of approximate authentic state.

2. During selecting the compensation conditions, the priority has compensation of the area which has the same characteristics with damaged area of the ecological network and by which one is insured the connection and integrity of ecological network.

3. Assortments of compensation conditions are as following:

3.1. creation of the compensation area which has similar characteristics as damaged area of ecological network;

3.2. creation of the other area of ecological network;

3.3. payment of money amount in values of the inflicted damages to the area of ecological network, in cases when it’s impossible realization of the compensation conditions;

3.4. if a damage cannot be compensated the intervention has to be interdicted.

4. For the important ecological area of “NATURA 2000”, compensation condition could be only creation of the area with same or similar characteristics which ones had the damaged area of network, based on the aims of conservation, structure and functionality of the area of ecological network.

5. Ministry determines compensation conditions. Money amount of compensation will be paid down to the Kosovo Budget of Republic Kosovo.

 

Article 45

Obligations of damage causer

1. Whether nature intervention or use of nature goods, is accomplished without defined conditions of nature protection or in contradiction with given conditions for nature protection and for that are caused damages in the nature, the intervention holder, respectively exploiter of nature goods is obligated that without delay and by his expenses to avert harmful consequences created by his activities.

2. If intervention holder, respectively exploiter of nature goods will not avert harmful consequences according to paragraph 1. of this Article, the same consequences will be averted by administrative authority or competent municipal authority in expenditures of the holder of interventions.

3. Administrative authority or competent municipal authority by decision shall determine the obligations of the holder of nature interventions, respectively exploiter of nature goods, for expenditure compensations and raise of expense execution.

4. Appeal on decision from paragraph 3. of this Article will not delay execution of the decision.

 

Article 46

Protection of ecosystems

1. Ecosystems protection will be realized through execution of biological diversity conservation measures during usage of nature goods and space adjustment and also protection of habitat types.

2. The Institute keeps cadastre of ecosystems and reciprocally with person who manages the nature goods, monitoring the state of special and threatened ecosystems, respectively habitat types in accordance with this Law.

 

Article 47

Protection of forestry ecosystems

1. Biodiversity conservation of forestry ecosystems proceeds in accordance with this Law and special provisions.

2. Biodiversity conservation of forestry and forestry economization is based on principles of sustainable development and persists on the species nature system and their nature regeneration.

3. Forestry economization in the meaning of paragraph 2. of this Article proceeds according to the principles of forestry certification and according to special provisions.

4. For protected areas in which it’s not permitted economical use of nature goods, according to the condition monitoring will be issued the program of forestry ecosystem protection, which includes protection measures and their progress.

5. Protection program of forestry ecosystems from paragraph 4. of this Article shall be composed and implement by Directorate which administrates with protected area, and it issued in accordance with special provisions of forestry regulation, by content of the Ministry.

 

Article 48

A forestation

1. Afforesting the places that are allowed by the habitat conditions, will be done with local wood species, with species that presents natural components, using the proper nature methods by Ministry permission.

2. Afforesting of the un-forestry surfaces will be performed if by this will not endangered the habitats of uncommon types and un-forestry types.

3. Endangered habitat types and uncommon types are included in the economization plans with forests of certain area, based on the charter of habitat types from Article 62 of this Law.

 

Article 49

Conservation of the forestry ecosystems by biological and biotechnical measures

1. For conservation of the forestry biodiversity, it’s permitted the usage of biological and biotechnical measures for plants protection.

2. Whether it’s presented the causer which could inflict the massive economical damages, and for which doesn’t exists the respective biological or biotechnical measures, then it could be used the chemical measures after permission by competent authority of agricultural and forestry duties, and by consent of the Ministry.

 

Article 50

Biodiversity protection during forest harvesting

1. For biodiversity protection in all forestry’s shall be insured the percent remaining of oaken that reached ripeness, old and dried, especially the cavity woods, according to the conditions of nature protection which are component parts of the managing plans.

2. Conditions of nature protection are determined for one type of the ecological- economical forestry, or adjustable measure and are component parts of the managing plans.

3. During execution of the forest harvesting around the large wood surfaces according to of the managing plans, shall be leave one uncut small part that will enable conservation of the biodiversity.

4. During the forestry management for enriching the biological and landscapes diversity, utmost should be protected the un-wood surfaces: meadows, grass plots and also forestry outskirts.

 

Article 51

Rocky Ecosystems

1. Rocky ecosystems present the nature values of international and national importance according to this Law.

2. By management plans of nature goods of the rocky ecosystems, are defined the eventual impacts in the rocky ecosystems, after taking consent by the Ministry.

 

Article 52

Speleological objects

1. Speleological objects are property of the Republic of Kosovo.

2. For the speleological objects the Institute will draft and keeps the speleological cadastre as a part of Register of protected nature values.

3. For each discovered speleological object or part of it, should be informed the Ministry within deadline of fifteen (15) days.

4. For discovered speleological object, the Ministry after taking the opinion from the Institute within thirty (30) days since the notifying day of discovered speleological object, will issue the decision by which one will be determined the further ongoing procedures.

5. If the Ministry will not issue a decision within deadline from paragraph 4. of this Article, it will be considered that discovering and protection of the speleological object it’s not necessary and legal or physical person can continue their activities in accordance by sub legal acts.

 

Article 53

Prohibitions in speleological objects

1. Its prohibited the harming, destroying, conveyance of exfoliations of the minerals or fossils, alive-world of speleological objects, archaeological discovering, fossils and other findings, change of habitat conditions of the object, above it and in directly nearest of that object.

2. For all activities in speleological object shall be taken the permission by the Ministry and especially for:

2.1. organized visits, usage and adjustment of the speleological object and its parts;

2.2. opening and/or closure of the entrance/exit of speleological object, and also for construction, renewal or repair of any underground object;

2.3. performances of scientific and professional investigations;

2.4. absorption in the speleological object;

2.5. filming or photographing in speleological objects;

2.6. works and activities which ones impact in essential characteristics, conditions and in flora and fauna’s nature of the speleological object or in / above its surface;

2.7. organized visits and photographing the speleological objects is conducted with permission of administration of the speleological object.

3. For performance of the scientific and professional investigations, to the speleological associations could be issued the one (1) year permission.

4. The decision of permit includes also the nature protection conditions.

 

Article 54

Rights of the property owner where is discovered the speleological object

1. The owner or holder of the property rights, where is discovered the speleological object, will not have a courage to endanger or to harm the speleological object, to close the entrance, to interrupt its use as it is allowed and also is obligated to enable the approaches and visits of that object only for allowed purposes.

2. The owner or holder of the property rights, where is discovered the speleological object, has the priority on concession partition or right on compensation for limitations to him because of exercises on speleological object proportionally of decreased level. Compensation elevation will be determined by an agreement, in case of conflict then the decision will be taken by the court. The compensation will be paid by the Kosovo Budget.

3. Whether for exercises of speleological object will issue a concession, the holder of concession, for the limitations made to the owner he will pay compensation from paragraph 2. of this Article.

 

Article 55

Protection of wetlands

1. The wetlands including waters, in the meaning of this Law represents the nature values and for this they should be conserved in a natural or in a near nature state.

2. For the case of wetlands protection, including waters which are not regulated by this Law, shall apply the provisions of special acts.

3. Any natural lake and pond, nearby the embankments larger than 0, 01 ha, natural and artificial marsh measuring more than 0, 25 ha, spring and ravines in riparian of two (2) meters, in the meaning of this Law represent the ecologically important area.

 

Article 56

Prohibitions in wetland

1. No barrier construction, reclamation, burying or modifying the springs, underground sinks, ponds, etc. shall be permitted insofar as subsistence of nature values and conservation of biological diversity is thereby endangered.

2. The water quantity in the wetlands referred to in paragraph 1. of this Article, which is necessity for existence of the nature values and conservation of biological diversity, will be determined by the Ministry based on drafted studies by Institute for needful quantities of water resources in wetlands in coordination with legal entity of water management.

3. Administrative authorities or competent municipal authorities in the scope of their activities, and also the legal and physical person during accomplishment of their activities are obligated to ensure a biological minimum of water in the wetlands.

 

Article 57

Biologic minimum

1. With purpose of protection of the survival of a healthy nature and conservation of the biological and landscapes diversity in the water habitats, water-flow separation toward contribution of water habitat degradation, decreasing the water quantity under biological minimum, its forbidden the drainage and water resource interruption, bogs, and other water habitats.

2. Biological minimum is the surface water quantity which could be insured during the year, with exception of cases when the natural water-flow is lower than determined biological minimum, which enables the conservation of nature balance of water habitats and also the landscape characteristics of water-flow and it not decrease the state of environmental parameters of surface waters.

3. Water quantity in the water habitats according to paragraph 2. of this Article, which is necessity for survival of wild species and also for conservation of biological and landscapes diversity, is determined according to the methodology issued based on provisions of Water Law.

 

Article 58

Prevention of the wetlands pollution

1. With conservation purpose of wetlands biological and landscapes diversity, measures and activities that should undertake for prevention of the wetlands pollution and water discharges in the wetlands, are regulated based on provisions of this Law or by other acts.

2. Administrative authorities or competent municipal authorities in frame of his competences and responsibilities and also legal entity or physical person which ones develop the economical activities or others, shall made a treatment of municipal and industrial waters, which discharges in wetlands waters.

 

Article 59

Grasslands conservation

For the sake of biodiversity conservation, the grasslands shall be managed through pasture and the mowing regime, as adapted to the type of grassland, along with nature- friendly use of plant protection agents and mineral fertilizers.

 

Article 60

Protection of agricultural landscape

1. For the sake of conservation of biological and landscape diversity, valuable and endangered peripheral habitats: hedges, isolated trees, and groups of trees, ponds and meadow stretches should be conserved by arable land planning.

2. In planning and effecting expansion of agricultural land, it is necessary to conserve to a maximum possible extent the existing or create new habitats referred to in paragraph 1. of this Article, design their arrangement and size in such a manner as to safeguard maximum value of the habitat with respect to biological and landscape diversity.

 

Article 61

Preservation of ecological network

1. Preservation of ecological network shall provide for conservation of habitat types in a favourable state or regeneration of habitats whose favourable state was impaired.

2. Habitat type shall be in a favourable state insofar as:

2.1. its natural range and the area it covers is stable or increasing;

2.2. there is, and shall in foreseeable future probably be maintained, a specific structure and functions necessary for its long-term survival;

2.3. favourable state of its important biological species is granted.

 

Article 62

1. Habitat types shall be documented on a habitat map and their state and threats thereon shall be monitored.

2. Habitat types shall be endangered insofar as their state is not favourable and/or are under threat of extinction.

3. The areas of endangered and rare habitat types shall be ecologically important areas within the meaning of this Law.

4. Sorts of habitat types, habitat map, endangered and rare habitat types as well as safeguard measures for conservation of habitat types shall be specified in the ordinance passed by the minister.

5. The Institute shall monitor the state of and the threats on the habitat.

 

Article 63

Ecologically important areas

1. Ecologically important areas are the following:

1.1. areas of exceptional biological diversity or well conserved areas of international importance;

1.2. areas that significantly contribute to the conservation of biological and landscape diversity in the Republic of Kosovo;

1.3. areas of habitat types which are endangered in global, European and national level;

1.4. habitat types which are endangered in global, European and national level; 1.5. habitats of species endemic to the Republic of Kosovo;

1.6. areas that significantly contribute to genetic interrelatedness between the populations of biological species - ecological corridors;

1.7. migration routes of animals;

1.8. conserved forest entities.

2. The system of mutually interrelated or contiguous ecologically important areas, which by their balanced bio geographic distribution substantially contribute to conservation of natural balance and biological diversity constitute the ecological network. Within the ecological network, its parts communicate via natural or artificial ecological corridors.

3. The Government shall at the proposal of the Ministry designate the ecological network with the system of ecologically important areas and ecological corridors.

4. The actions that may result in destruction or any other substantial or permanent damage on ecologically important area shall not be authorized.

 

Article 64

1. Ecologically important area “NATURA 2000”, is that area which is important for species of wild birds and species of wild animals and plants, their habitats and habitat types, which ones in bases of international standards are determined by Governmental decision, in accordance with provisions of this Law. By decision are defined also the conservation purposes of important ecological areas directions of conservation or achievement of favourable status of wild species, their habitats and habitats types, management manner, monitoring, and also other activity regulations that are necessarily for conservation of the important ecological area.

2. Criteria for selection of areas “NATURA 2000” are similar as in Annex III of Habitat’s Directives and for more suitable territories in number and length of Directive for Wild Birds.

3. Managing the ecologically important area referred to in paragraph 1 of this Article shall provide for conservation measures and improvement of its characteristics that are of utmost importance for conservation at a favourable status natural habitats and species of interest for EU and authorities should ensure to undertake measures to avoid deterioration not only by human actions but by the natural phenomena too.

4. By concerning of the protection of ecologically important area “NATURA 2000” and improvement of ecological network connection, are conserved and developed the characteristics which are more important for conservation in favourable status of protected specie, based on international acts.

5. Forbidden are the activities and developments which could have consequences, as destroying, or any visibly and permanently damages of the important ecological areas “NATURA 2000”.

6. In the plan, program and/or intervention which one by oneself or combined with another plan, program and/or intervention, which could have an important impact on conservation purposes and integrity of important ecological area from paragraph 1. of this Article, it’s implemented the deliberation of acceptability for ecological network, in accordance with Article 34 and 41 of this Law.

 

Article 65

Incitement measures of biodiversity protection and conservation

1. Conservation of wild threatened species, local modified species and endangered types of habitats, shall be supported by financial funds and compensations and also with favourable loans for safeguard operations.

2. Financial and other incentives shall also be earmarked for protection and conservation of biological and landscape diversity, and particularly for stimulating the management that recognizes and enforces biological and landscape diversity conservation measures not harmful to nature, as well as for granting compensations to legal and natural persons who owing to protection of biological and landscape diversity suffer from respective constraints or damages.

3. Financial incentive and compensation referred to in paragraph 1 and 2 of this Article shall be laid down by special provisions.

 

Article 66

Conservation of genetic diversity

1. Genetic material shall be used pursuant to this Law and special acts.

2. Extracting genetic material from nature for use must not pose a threat to the survival of the ecosystem or population of species in their habitats.

 

Article 67

Access to genetic sources

1. Access to genetic sources shall be permitted to everyone on equivalent terms in the manner set out by this Law and sub legal acts.

2. The results of research and development ensuing from use of genetic material shall be utilized in an equitable manner pursuant to special acts.

3. Nobody may become the owner of genetic material produced on basis of genetic material of wild species.

 

Article 68

The gene Bank

1. Gene banks shall preserve biological material, controlled and bred populations or parts of animals, fungi or plants, especially seeds, spores, gametes and other biological material manipulated for the purposes of conservation of species or their genetic resources. The operation terms for gene banks shall be set out by the head of the central state administration body competent for science, subject to approval of the respective Ministries.

2. Gene banks shall be administered by legal or natural persons authorized pursuant to this Law and special acts.

3. The authorization referred to in paragraph 2 of this Article shall be granted by central state administration body competent for science, with consent of the Ministry.

 

Article 69

Inventory, exploration and state monitoring

1. The Institute has an obligation to keep an inventory of all the components of biological, geological and landscapes diversity: biological species, habitat types geo- localities and landscape types, map endangered species and habitat types, as well as perform their continuous and timely updating.

2. The data on the inventory shall be kept to the Ministry. The data shall be public, unless declared confidential owing to protection of wild species or habitats.

 

Article 70

1. The Institute shall monitor and organize monitoring of the nature conservation status. 2. Conservation state monitoring shall involve:

2.1. monitoring and evaluation of the state of biological species, their habitats, habitat types, ecologically important areas, ecosystems, ecological network, and landscape types;

2.2. monitoring the transformation of geological features: phenomena of landslides, caving, new springs, which also entails drawing up special geological maps as a basis for further exploration and monitoring;

2.3. monitoring of state of protected nature values.

3. The data on monitoring the nature conservation status shall be forwarded to the Ministry. The data shall be public, unless proclaimed confidential owing to protection of wild species or habitats.

 

Article 71

Exploration in protected areas

1. Exploration of nature protected values and speleological objects it shall be necessary to secure a permit from the Ministry. The permit shall also set out the nature protection requirements.

2. The owner or holder of the usage right of land or water surfaces shall enable the accomplishment of researches for nature protected values to the authorized person according to paragraph 1. of this Article. For limitations the owner do not have right on compensation, except if certifies that because of this are incurred a material damages to him.

3. A legal or physical person who pursued explorations must report the results of exploration to the Ministry and Institute within thirty (30) days from the date of exploration completion.

4. Extraction of the wild species and their parts from Republic of Kosovo for scientific purposes, which are not protected nature value in the meaning of this Law, could be only based on the Ministry decision.

 

Article 72

The Institute shall manage the nature protection information system as part of an integral information system of the Ministry, in compliance with internationally agreed standards and commitments.

 

CHAPTER V

SPECIAL NATURE PROTECTION AND CONSERVATION MEASURES

 

Article 73

Implementing protection in protected areas

1. Spatial arrangement, method of use, planning and protection of space in a national park or nature park shall be regulated on the basis of an expert basis elaborated by the Ministry, spatial plan of the area distinguished by particular features.

2. Spatial plan of national park shall be issued by the Assembly.

 

Article 74

1. Protective measures for protected areas shall constitute an integral part of the spatial plans, governance plans, management plans, and other regulations passed on the basis of this Act regulating the issues of protection, conservation, improvement and use of the national park, nature park and other protected areas.

2. The protective measures referred to in paragraph 1. of this Article relate to prohibition or restriction to intervene in space: building infrastructure objects; building new transit, utility, power, telecommunication and traffic facilities; excavating or filling in of land, excavating or extraction of stones, minerals, raw materials or fossils; disposal of waste and discharging wastewaters; modifying water regimes; removal of deposited matter; economic utilization of natural resources; land-improvement interventions; removal of hedges and other components of nature; planting monocultures; collecting fungi and plants and parts thereof; disturbing, killing or capturing animals; hunting; fishing; circulation; sport and recreational activities; posting the advertising or other signs; visiting and touring; and other activities which endanger a protected natural values.

3. Drills or other military activities likely to pose a threat to natural assets shall not be authorized in protected areas.

 

Article 75

1. In strict nature reserve, national park, special area, nature park, protected landscape, and in the park architecture monument are forbidden as following:

1.1. accomplishment of activities on subsurface of waters without permission of the Ministry, respectively the administrative authority and the competent municipal authority;

1.2. to anchor and/or connecting boats out the determinate places defined by spatial plan;

1.3. recreation fishing without permit or in contradiction with given conditions by permit;

1.4. harming and/or destroying the sign and/or information table;

1.5. fire ignition outside dwellings and/or places, which are marked and defined for this purpose;

1.6. filming or photographing for commercial purposes, without Ministry permission, respectively administrative authority or the competent municipal authority;

1.7. flying with slightly ultra flight without permission of the Ministry, respectively administrative authority orthe competent municipal authority;

1.8. emplace of information plates, billboards and others without permission of the Ministry, respectively administrative authority or the competent municipal authority;

1.9. visits and/or view without ticket, when the ticket is determinate;

1.10. throwing garbage’s outside of certain places, foreseen for it;

1.11. cleaning outside the determinate places, defined by directorate of area administration.

 

Article 76

Regulation on intern order

1. By regulation of intern order, in detail are regulated the issues and determination of protection measures, progress, and usage of national park and nature park, protected areas and other protected nature values.

2. Regulation from paragraph 1. of this Article shall be issued bythe Ministry after taking the consent form Ministry of Agriculture Forestry and Rural Development when the basic resources are the forests.

3. Regulations on intern order of national parks and nature parks, and also the other nature protected areas shall be published in the “Official Gazette of Republic of Kosovo”.

 

Article 77

Administration of protected area

1. Protected area shall be administrated the directorates.

1. Directorates of administration of national park, nature park and nature monument of special importance shall be founded by decision of the Ministry.

3. Directorates of administration other protected areas or other protected nature values, shall be established by municipality assembles.

4. Protected areas declared by Government, which ones spread on national park territory or nature park, bound with them or directly spread on their borderlines, shall be administrated by the directorate of national park or nature park.

 

Article 78

1. Directorate referred to in Article 77. of this Law shall carry out the activity of protection, maintenance and promotion of protected area with purpose of protection and conservation of authenticity of nature, safeguarding the undisturbed running of natural processes and sustainable use of natural resources, as well as control the enforcement of nature protection requisites and measures in the area they administer.

2. Directorates which administrate with nature parks shall also control the method of carrying out authorized business activities with the aims of safeguarding rational and sustainable use of natural resources.

3. Directorate may exercise other activities which are determined by establishment act when this serves for performance of the activities from paragraph 1. and 2. of this Article.

 

Article 79

1. Funds for directorate works and exercise of the activities from Article 78 of this Law shall be provided from:

1.1. budget Republic of Kosovo or municipality budget;

1.2. incomes from the use of the nature protected values;

1.3. incomes from the compensation fees;

1.4. other sources laid down in this by this Law and special provisions.

 

Article 80

1. Control over the legality of operations and general acts of public entities in charge of administering protected areas founded by the Assembly or Government of Republic of Kosovo performs the Ministry.

2. Control over the legality of operations and general acts of public entities in charge of administering protected areas founded by the municipalities, shall be done by competent municipal authority of establisher.

3. Supervision over technical operations of public entities referred to in paragraph 1. and 2. of this Article shall be exercised by the Ministry.

 

Article 81

Management plan for protected area

1. Management of strict natural reserve, national park, nature park, special area, and protected landscape, shall be exercised based on the management plan.

2. Management plan shall be adopted for a period of ten (10) years.

3. Management plan shall set out the development guidelines, the method of implementing protection, use and management of the protected area, as well as more detailed guidelines for protection and conservation of natural values of a protected area, taking into consideration the needs of the local population.

4. Legal and physical persons exercising the activity in a protected area must adhere to the management plan.

5. Following the expiry of a period of five (5) years the implementation of the governance plan shall be analyzed along with results achieved and as circumstances require the audit carried out in a manner and in the procedure stipulated for the adoption thereof.

 

Article 82

1. The management plan for a protected area from Article 81 paragraph 1 of this Law shall include:

1.1. the aim of and policies in management the protected area, with the components:

1.1.1. perspective, mission and objectives for a protected area;

1.1.2. protected area administration policy.

1.2.  protected area protection guidelines with the following components:

1.2.1. state evaluation for protected area and area of influence;

1.2.2. concept for protection of the entire area and its integral parts;

1.2.3. monitoring the state of protected area and its values;

1.2.4. protection and management the natural and cultural values as well as resources of the protected area;

1.2.5. development of authorized activities in protected area;

1.2.6. visiting the protected area - programs of visits, interpretations;

1.2.7. connections between protected area and its neighboring areas;

1.2.8. impact on environment and socio-economic complex.

1.3.  implementation of the plan, with components:

1.3.1. guidelines for integrating sectoral plans;

1.3.2. activities in implementing the plan;

1.3.3. control of implementation of the plan;

1.3.4. costs of implementation of the plan;

1.3.5. method and sources of financing of plan;

1.3.6. institutional structure and bodies responsible for management of the protected area.

2. Management plan shall be implemented by an annual programme for protection, conservation, use and promotion of the protected area.

3. The directorate must provide public access to the management plan draft proposal, pursuant to provisions of Article 151 of this Law.

 

Article 83

Speleological objects

1. Where a speleological object is located in a protected area or represents a specially protected area, it shall be managed by a directorate pursuant to provision of this Law.

2. Where a speleological object is located outside the protected area or is not provided special protection, administering the speleological object for purposes of visiting and touring may be conferred to a legal or natural person pursuant to a decision on granting concession.

 

Article 84

Landscape protection

In the activities of planning and organizing the area and in planning and using natural resources it shall be necessary to provide for conservation of important and characteristic landscape features as well as the maintenance of biological, geological and cultural values featuring its significance and aesthetic perception.

 

Article 85

1. Landscapes shall according to their significant and characteristic features be classified in landscape types reflecting the diversity of natural and cultural heritage.

2. Significant and characteristic landscape features shall within the meaning of this Act mean parts of nature characteristic for particular landscape types or artificial landscape components having natural, historical, cultural, scientific or aesthetic value.

3. Landscape types and especially the valuable landscapes, as protected nature values, based on proposal of the Institute are determined by the Ministry with public participation, municipal competent authority, and legal and natural persons that have interest on determination of the landscape values.

4. Monitoring of the state of significant and characteristic landscape features shall be carried out by municipalities in cooperation with the Institute and other authorized legal persons.

 

Article 86

Protection and conservation of wild species

1. Wild species represents:

1.1. plants exemplar that wild grown, mushrooms and other animals that lives free and also their cultivated exemplars;

1.2. their evolution forms - eggs, seeds, fruits, mycelium’s;

1.3. parts and derivates thereof;

1.4. gained produce from them which easily can be distinguished.

2. Without just cause, it shall be forbidden to disturb, capture, injure wild animals, reduce population size of wild specie - killing, eliminating, destroy or damage its habitat or modify its living conditions to the extent in which the specie would become endangered. Just cause shall be established by the Ministry.

3. It shall be forbidden to exterminate autochthonous wild specie.

4. Favourable status of wild specie shall be provided by protection of their habitats and safeguard measures for individual specie pursuant to the provisions of this Law.

5. The state of wild specie shall be favourable insofar as its range and population size shall be within the limits of natural fluctuations and is not indicating a long-term reduction trend and if the habitats are sufficiently spacious as to insure long-term population conservation.

 

Article 87

1. At undertaking interventions in nature and use of natural resources impinging upon the habitats of wild specie, the measures, methods and technical means that contribute to the conservation of favourable status of species shall be applied, or that which disturb wild specie or habitats of the populations thereof to the minimum extent, so that interventions in habitats of animal species may be limited during the period coinciding with their vital periods of life.

2. Preservation of wild specie and their habitats referred to in paragraph 1. of this Article shall constitute an integral part of measures and nature protection requirements referred of Article 124 of this Law.

 

Article 88

1. Public roads, other roads or constructions crossing the known migration routes of wild animals shall be built in such a manner as to provide for safe crossing for wild animals at appropriate spatial distances.

2. Constructed crossings ensuring undisturbed and safe crossing by wild animals shall enjoy protection as natural values.

3. Protective measures, persons eligible to provide protection and the method of maintaining the crossing referred to in paragraph 2 of this Article shall be prescribed by sub legal act by the minister with the approval of the body competent for transport.

 

Article 89

1. Towers and technical components of medium- voltage transmission lines shall be constructed in such a manner as to protect birds from electric shock.

2. Within five (5) years from the entry into force of this Law, measures necessary for protection of birds from electric shock shall be carried out on towers and technical components endangering birds to a high degree and built prior to the entry into force of this Law.

3. The provisions of paragraph 1. and 2. of this Article shall not apply to overhead railway wires.

 

Article 90

Collection of the plants, mushrooms and their parts, catching or killing animals

1. For collecting plants, fungi and parts thereof, as well as capturing or killing animals belonging to a category of protected wild specie referred to in Article 17 of this Law, for the purpose of processing, trade and other business, if not set out otherwise by the present or another law, it shall be necessary to procure a permit from the Ministry. The permit shall be issued in the form of a decision.

2. Operations referred to in paragraph 1 of this Article may be performed with consent of owner or holder of the right on natural resources.

 

Article 91

Introduction of wild species

1. It shall be forbidden to introduce alohton wild species in the nature of territory of Republic of Kosovo and into ecosystems which they do not populate naturally.

2. It shall be prohibited to introduce alohton fishes into natural and near-natural waters as well as to transfer such species from fish farms into other wetland habitats.

3. By way of derogation, introduction referred to in paragraph 1 of this Article shall be authorized if scientifically and technically founded and acceptable from the standpoint of nature protection and sustainable management.

4. The Ministry shall issue a permit referred to in paragraph 3 of this Article on grounds of a study on the assessment of the risk of introducing into nature, subject to prior approval from the minister competent for Agriculture, Forestry and Rural Development.

5. The costs of producing the study and of enforcing the procedure of assessing the risk resulting from introduction into nature shall be born by a legal or natural person who filed the request for permit issuance.

6. Breeding the alien wild specie in controlled environment which impede the inhabiting of natural environment shall not be deemed as introduction.

7. Implementation manner of dangerousness assessment and drafting studies of the dangerousness assessment of the introduction in nature, re-introduction and breeding, the issuing procedure of permit and also the manner of taking the public opinion, minister shall regulates by sub legal act.

 

Article 92

Incidental introduction

Should incidental introduction of alohton specie into the territory of the Republic of Kosovo occur, or if there is a grounded suspicion that such introduction is to occur, the Minister shall by an order prescribe the measures for proceeding with the scope of destroying or preventing further propagation of introduced alohton species.

 

Article 93

Reintroduction of wild species

1. Reintroduction of vanished wild specie into natural environment on the territory of the Republic of Kosovo may be pursued with permission from the Ministry granted on basis of a study on assessment of the risk resulting from reintroduction in nature prior approval from the Ministry of Agriculture, Forestry and Rural Development.

2. The costs for producing the study and conducting the procedure of assessing the impact of reintroduction on nature shall be borne by the legal or natural person who filed the request for the issuing of the permit.

 

Article 94

Method of using protected wild species

1. Using protected wild specie shall be authorized in a manner and in a quantity ensuring that their population at national or at local level is not endangered.

2. The Minister and the minister competent for agriculture, forestry and water management, each one within his/her competence, shall lay down the protective measures for protected wild specie which include:

2.1. seasonal prohibition on use and other restrictions on the use of populations;

2.2. temporary or local prohibition on use for the sake of regenerating populations to a satisfactory level;

2.3. regulating trade, holding for commercial purposes and transport of live and dead specimens.

3. The Ministry shall keep records of the method and intensity of use of protected wild specie in order to establish and monitor the state of populations. Where established that owing to use, the protected wild species is under threat, the Minister may issue an order prohibiting or restricting the use of such species.

 

Article 95

1. The use of any devices for capturing and killing wild animal specie as well as the use of agents that may induce local vanishing or severe disturbance of populations of such species, and especially:

1.1. traps;

1.2. crossbows;

1.3. electrical devices capable of killing or stunning;

1.4. artificial light sources;

1.5. mirrors and other dazzling devices;

1.6. sound transmitters: tape recorders, cassette recorders, emitting sounds of call, pain or response;

1.7. devices for illuminating the targets;

1.8. sighting devices for night shooting comprising an electronic image magnifier or image converter;

1.9. explosives;
1.10. poisons or dazing baits;

1.11. semiautomatic or automatic weapons with a magazine capable of holding more than two (2) cartridge;

1.12. aircrafts;

1.13. moving motor vehicles;

1.14. other means set out in international treaties.

 

Article 96

Strictly protected wild specie

1. Some wild species may be strictly protected in all territory of Republic of Kosovo or in any part of it.

2. Ministry by management plan and action plan determines the protection measures of wild species that are under strict protection and measures for their habitats protection.

3. Whether any area it is temporary habitat of the wild species under strict protection whereas its protection may not be safeguarded otherwise, the minister may issue a decision, after taking consent by the Ministry of Agriculture, Forestry and Rural Development, to announce that territory or any part of it as temporary under protection, but not for a period exceeding six (6) months.

 

Article 97

1. It shall be forbidden to pick, collect, destroy, cut or uproot wild growing strictly protected plants and mushrooms.

2. It shall be forbidden to hold and trade of the wild growing strictly protected plants and mushrooms.

3. For the animals that are under strict protection which freely lives in the nature, it’s forbidden:

3.1. to take them from the nature;

3.2. to catch and/or kill them occasionally;

3.3. to harm and/or destroy consciously the development forms, nests, foxholes and also their multiplication and recessional areas;

3.4. consciously disturbing them, especially during their multiplication period, petite rising, migration and wintering, if the disturbance is important in proportion with their protection purposes;

3.5. consciously to destroy and/or taking eggs from the nature or keeping the empty eggs;

3.6. to harm and/or destroy their multiplication and recessional areas;

3.7. hidden them, keep them, cultivating them, trading with them, importing, exporting, and alienating them and in any kind of manner to digestibly them and preparation.

4. Protection shall also extend to wild growing plants and fungi, as well as wild animals found in a national park, strict reserve, and of the special areas, when it is about plants and mushrooms that sprouts by themselves, and also for wild animals because of which the area is announced as protected, and also thee underground animals even they are not protected as an individual species, if by protection act of that area for one particular specie its not defined differently.

5. For unconsciously catching them and /or killing animals which are under strict protection, shall be informed the Ministry. The ministry keeps evidences for catching /or unconsciously killing animals under strict protection and decide the protection measures with aim of preventing negative impacts on some species.

 

Article 98

1. Exception from provisions of the Article 97 of this Law, in case of un-existing of other suitable possibilities and in case when exception doesn’t harm the existence of certain population, the Ministry may allow the activities with purpose of:

1.1. protection of plants, mushrooms and animals, and also protection of the nature habitats;

1.2. preventing severe damages on crops, livestock, forests, fishponds, water and other forms of property;

1.3. protection of public health and safety, air safety or other overriding public interests;

1.4. research and education, repopulation, reintroduction and necessary reproduction.

2. The Ministry may authorize, on a selective basis and to a limited extent, taking, holding and other reasonable use of certain strictly protected wild specie in small quantities under strict control in order to maintain favourable status of the species.

 

Article 99

1. Some exemplar of the wild animal species strictly protected, may be kept in captivity, bred, sold and purchased, on the basis of authorization from the Ministry with conditions as following:

1.1. such exemplars, according to the law are imported in the Republic of Kosovo and have their owner;

1.2. such exemplars legally are earned in the Republic of Kosovo;

1.3. such exemplars have been acquired legally prior to the granting of legal protection to the specie by law;

1.4. It is the case from Article 98 of this Law.

2. By way of derogation from Article 97 of this Law, certain strictly protected animals, fungi and plants may be placed on the market or exported and imported for trade purposes with the authorisation of the Ministry, and exported and imported for scientific purposes, for exchange, exhibiting and similar on the basis of authorisation granted by the Ministry.

3. The finder of the animal is obligated to inform the nearest veterinary institution and Ministry for:

3.1. discovery of dead exemplar of the strictly protected animal species;

3.2. exemplars of the strictly protected wild animal specie, which are diseased or injured, to such an extent that they are not capable of surviving in nature by themselves.

4. Veterinary organization is obligated to determine the cause of death of the wild animals strictly protected found dead. Costs of the procedure shall be borne by the Ministry.

5. The Ministry may at request of the finder of a diseased or injured animal allow him, insofar as he has got adequate knowledge and conditions, to keep such an animal in

captivity for healing and recovery purposes. Justified costs incurred by treatment of the animal shall be borne by the Ministry.

6. The Ministry may authorize derogations from the prohibition on keeping in captivity and marketing of strictly protected wild specie, where such are confiscated or seized specimens, and if not contrary to other regulations and international treaties.

7. Each exemplar of the wild animals strictly protected from paragraph 6 of this Article must be marked in certain manner.

8. Permissions from paragraph 1., 2., 5., and 6. of this Article, shall be issued by decision.

 

Article 100

1. For exploring strictly protected specie it shall be necessary to secure a permit in the manner set out in this Law.

2. Exploration results shall be forwarded to the Ministry and the Institute within thirty days following completion of the exploration.

 

Article 101

Tran boundary trade in protected wild specie

1. The Ministry issues a authorisation for taking out, introduction, export or import and also certification of re-exporting of the wild species, their parts and derivations that are protected and in accordance of this Law.

2. The authorisation and certification from paragraph 1 of this Article shall be issued only if they don’t endanger the wild species population, mushrooms or plants for which ones it’s issued.

3. The decision and certification from paragraph 1 of this Article should be taken also when it is about crossbred exemplar, to which’s one or both parents belongs to the wild specie that is protected.

4. Species for which ones are issued decision or certification from paragraph 1. of this Article, procedures and conditions of issuing the decision or certification, content and delivery manner of request, content and delivery manner of import notification, general and special limitations during import, marking manner of the animals or delivery, attendance manner of confiscated exemplars, competent authorities for implementation and supervision, manner of supervising execution, evidence keeping, drafting the report and other necessary conditions for progress of the transboundary trade of the protected wild species; in accordance with international memorandum, the minister regulates by special act.

5. During the activities from paragraph 1. of this Article and/or during transportation of alive animal, for which ones is regulated by the act from paragraph 4. of this Article, should transport and attendance in the manner that the possibility of injure, health endanger, or un-human activity to be in the less possible level, in accordance by special acts.

6. Exceptions from paragraph 1. of this Article for the wild species, for which ones it’s defined by the sub legal act from paragraph 4. of this Article, it’s not necessary the permit for importing, but should be notified the competent authority.

7. Decisions, certifications and other acts, that are issued based on this Law with purpose of inter-boundary traffic of the wild protected species, could be used only for exemplars of which they are given for.

8. Transit passage of protected species through territory of Republic of Kosovo, proceeds based on the available act for export or re-export which has issued by competent authority of the exporting country or the re-exportation country's.

 

Article 102

1. Import, export and transit passage and introduction or issuance of protected species, their parts and derivatives thereof, must notify the entity in the customs service, in accordance with the provisions of this law and provisions for its implementation and enforcement of relevant provisions for customs.

2. Veterinary control and control of consignments from paragraph 1. of this Article for which is competent the Border Veterinary Inspectorate, carried out in accordance with legislation in to force.

3. Protected wild species, their parts or derivatives can be imported, exported, transit pass, introduce or to issue only through the border crossings, which are defined in the border veterinarian and phyto-sanitary inspectors.

4. Customs service has the obligation during the import, export or re- export from Article 101 paragraph 1. of this Law to control the permits depending on the protected of the relevant set of wild species and registered / certified border crossing in the column provided the form for permission. In case of export a copy of the form marked with the relevant permission "for the country of export”, the customs service has proven Ministry sends a copy of form to permit the mark “for customs" for their own records In the case of import, customs service shall certify the original and first copy of the permit for the applicant, and restitute the first copy for the applicant to the importer, and forward the original copy of the permit to the Ministry.

 

Article 103

1. Insofar as at import, export, or transit, the customs duty is not able to establish whether the animals, fungi or plant belong to specie the import or export of which is subject to restrictions or prohibitions, it may proceed as follows:

1.1. at the expense of a person submitting customs declaration or consignee or consignor of goods, store those itself or deposit it with somebody else pending ascertaining whether those belong to specie the export, import or transit of which is subject to restrictions;

1.2. leave those to a person submitting customs declaration or consignee or consignor pending finalization of the procedure, but banning the use thereof.

2. Customs service may request a person submitting the customs declaration or consignee or consignor to deliver a certificate that the specie in question is not placed under protection.

3. The specie that customs service ascertains as being imported, exported or transited without statutory permits or other documents, shall be confiscated pending finalization of the procedure. A certificate shall be issued on confiscated specie. Confiscated specie shall be deposited with an authorized legal or natural person indicated on the list of the Ministry and may be deposited with a person submitting the customs declaration or consignee or consignor banning the use thereof. Insofar as the prescribed permit or other documents requested are not delivered within a month following confiscation or within an extended deadline that may not exceed two (2) months, customs service shall issue a decision on seizure.

4. If during customs examination it’s verified that it is about species for which is not issued a permit for importation or exportation, they will be confiscated and will issue a certification for that.

5. In cases from paragraph 3. and 4. of this Article is obligated that customs service in the short term to announce the Ministry which decides maintenances of the temporary or permanent of confiscated species by following the provisions of special acts and international agreements.

6. When species are sequestration or confiscated , and this caused expenses - cost of food, accommodation, transport, restitution must be paid for by a person submitting the customs declaration or consignee or consignor. Insofar as a person submitting a customs declaration or a consignee is not identified, the costs must be paid for by the consignor, carrier or buyer.

 

Article 104

Keeping, breeding and trade in wild specie

1. It shall be prohibited to keep the animals of wild specie in captivity in unsuitable conditions and without appropriate care.

2. Legal or physical persons that become owners of protected animals with the purpose of keeping them in captivity, shall have the obligation to notify the Ministry thereof within thirty (30) days following the entitlement to ownership on such animals.

3. Animals referred to in paragraph 2. of this Article which enjoy the permanent and unchanged protection shall be marked in determined manner.

4. The conditions for keeping, the manner of marking and data keeping from paragraph 2. of this Article, Minister shall be determined by special act.

 

Article 105

1. Legal or physical person who intends to keep on captivity species of wild animals or autochthon or alohton protected under the Law, with the scope of displaying those to general public in zoos, aquariums, terrarium or similar spaces, must secure authorisation from the Ministry. The authorisation shall be issued in the form of a decision.

2. The authorisation referred to in paragraph 1. of this Article shall be issued if the applicant that fulfils the conditions as they are determined and animals will be exhibited in environments that are nearly to the natural conditions of their habitat and not deform knowledge of the species biology.

 

Article 106

1. Legal or physical persons who intend to breed wild autochthon or alohton species must obtain authorisation pursuant to this Law or the legislation in force.

2. Should ecological risk be ascertained in the procedure of granting authorisation the Ministry may request the applicant to draft a preliminary risk assessment survey prior to granting the permit in order to control negative impacts to local ecological systems and autochthon species.

3. The Ministry may prescribe permanent and irreplaceable marking for animals referred to in paragraph 1 of this Article.

4. The owner of the animal referred to in paragraph 1. of this Article must ensure that the animal will not escape into nature and shall be responsible for the damage the animal might cause.

 

Article 107

1. Physical and legal person, which trades with protected wild autochthon or alohton species, for which is specifically determined by the act from paragraph 4. of this Article, are obligated to insure certification from the Ministry. In case of refusing the request, issue a decision.

2. Trade can be done only with the notified breeding exemplars or exemplars that have document of origin, with condition that provided exemplars or shipment is marked by the rules.

3. In trading with protected animals, the owner or seller is obliged to:

3.1. provide suitable conditions for keeping animals in accordance with this Law and other acts;

3.2. keep evidence for trade with animals;

3.3. gives the certificate to the new owner for the animal origin.

4. The conditions for trading and issuance of certification for commerce, content of request and certification, keeping of records for commerce and supervision, the minister shall regulate with act from Article 101 paragraph 4. of this Law.

5. Certificates and other acts issued under this law for the purpose of trading with protected species can be used only for exemplars for which are given.

 

Article 108

1. Exemplars of the protected wild species which in illegal manner held in captivity, breed or traded illegally shall be seized by a competent inspector issuing a certificate of receipt.

2. Seized exemplars from paragraph 1. of this Article shall be taken care of temporarily or permanently with authorized physical or legal persons at the expense of the Ministry.

 

Article 109

1. The provisions and conditions defined by the authorisations, certificates and other acts which the Ministry issues regarding the introduction, issue, export, import, re-export, trading and other actions with wild species, their parts and derivatives, protected under this law and international environmental acts, must be fulfilled during lasting time specified in the permit, certification and other acts.

2. The authorization holder, certificate or other act referred to in paragraph 1, of this Article is obliged to notify the Ministry without delay for all changes and the new circumstances which affect or may affect the validity term of the permit, especially if it comes to:

2.1. not fulfilling the conditions under which the permit is issued, certification or other act;

2.2. death of the exemplar of animal specie and/or plant;

2.3. destruction of exemplar of the animal specie and / or plant;

2.4. departure of exemplar of the animal specie;

2.5. other circumstances because of which the contents of the permit, certificate or other act, differs from the factual state.

3. Fulfillment of conditions specified in authorizations, certification or other act referred to in paragraph 1. of this Article, as well as changes and other circumstances of the paragraph 2 of this Article, the Ministry verifies all the time the validity of license or certification.

 

Article 110

Protection of minerals, fossils and their exfoliations

1. Minerals, fossils and exfoliations which are promulgated as protected nature values shall be kept in finding site thereof, while the finding site shall be beneficiary of protection as nature protected value.

2. If minerals, fossils and exfoliations, can not be protected in their finding site, they shall be protected by physical or legal person who shall provide for their technical protection and render possible their use for educational purposes, museum activities, science and nature protection.

3. Conditions under which the minerals fossils and exfoliations must be deposited for protection and conservation to the physical or legal person shall be defined by the Ministry.

4. The conditions for exploration of the finding sites, method of protection of minerals, fossils and exfoliations at the finding site, the method of protecting the finding site, as well as the content, method and conditions for technical safeguarding of minerals, fossils and exfoliations kept outside their finding site shall be set out by the Ministry subject to prior opinion of the central state administration body competent for science.

 

Article 111

1. It shall be prohibited to take from the natural environment the minerals, fossils and exfoliations that are promulgated as protected nature values or they are found in the protected finding site.

2. By way of derogation the Ministry may authorize taking from the natural environment the minerals, fossils and exfoliations designated as protected natural assets, or situated in a protected finding site for the purpose of scientific and technical research, education, displaying at exhibitions.

 

Article 112

1. The finder must notify the Ministry of the discovery of minerals, fossils and exfoliations which could represent a protected natural asset referred to in Article 111 of this Law within eight (8) days from the date of discovery and undertake necessary protective measures against destruction, damage or theft.

2. The Ministry shall take decisions on exploration of finding sites of minerals, fossils and exfoliations not later than thirty (30) days from the date of notification of the finding site. In the decision concerning exploration determines nature protection measures.

3. Unless provided for otherwise by the Ministry, the finder may not carry out any activities at the finding site that could result in destruction or damaging of the finding site, apart from protective measures.

4. The owner or holder of the right to land where minerals, fossils and exfoliations have been found must render possible exploration of the finding site pursuant to the decision issued by the Ministry.

5. Exploration of the finding site shall be carried out by a physical or legal person on basis of the Ministry permit.

6. A legal or physical person must within thirty (30) days from the date of exploration pursued forward to the Ministry a report on exploration pursued containing the data concerning the state of a finding site, potential threat to the finding site as well as on the required additional explorations and additional safeguard measures.

 

Article 113

Legal restrictions on traffic and the right of first buyer

1. The owner of a real estate which intended to sell real estate within the national park, nature park, strict reserve, special area, must first offer it firstly to the Republic of Kosovo, then to the municipality in whose territory is present the real estate, while the owner of real estate in other protected areas which aims to sell the real estate, is obliged to provide firstly to the municipality in territory of which is real estate and later on to the Republic of Kosovo.

2. The owner of real estate within the protected area must quote the price and state terms of sale in the offer.

3. Republic of Kosovo or the municipalities must declare themselves concerning the offer within sixty (60) days from the date of receipt of a written offer.

4. Should the offer not be accepted within the stipulated deadline, the owner may sell the real estate on equivalent or favourable terms compared to those contained in the offer.

5. Should the owner sell the real estate in the protected area failing to proceed pursuant to paragraph 1. and 4. of this Article, the Republic of Kosovo, or municipalities shall be entitled to request cancellation of the sale contract by bringing legal action against the seller and buyer within ninety (90) days from the date the contract came to their knowledge, but not later than five (5) years from the date of concluding the sales contract.

6. The Republic of Kosovo may that in deadline from paragraph 5. of this Article request ascertaining the nullity of the sales contract for real estate situated in a protected area and also in case when such a contract was concluded in the form of donation or when the price level or terms of sale are fictitious, the actual price and contract terms being more favourable for the buyer.

 

Article 114

1. The ownership in real estate of the protected areas may be acquired according to the conditions determined by this Law and other laws.

2. Foreign legal or physical persons may not acquire the entitlement to ownership on a real estate in strict nature reserve, national park, special area, nature park, monument of nature, protected landscape and park architecture monument, unless otherwise provided for in the international treaty.

 

Article 115

Expropriation and limitation of ownership rights

1. Where necessary for the sake of implementing protection and conservation of protected natural assets, it shall be deemed that there is the interest of the Republic of Kosovo for expropriation or limitation of ownership and other property rights on real estates in a protected area.

2. The procedure of expropriation on real estate shall be implemented pursuant to the specifically law.

 

Article 116

1. The Administrative authority or the competent municipal authority is obliged at the request of the owner of the real estate in a protected area so designated by the Assembly or the Government, purchase at marked price the real estate or offer another real estate of equivalent value which owing to restrictions and prohibitions referred to in this Law may not be utilized for the activity it was utilised for prior to awarding protection or may be utilized only to a minor extent.

2. The Administrative authority or the competent municipal authority is obliged to execute at the owner request of the real estate in the protected area which is declared as protected under this Law, by the market price the real estate to buy or provide other real estate with the same values, the which due to the limitations and stops or under this Law is not possible to be used for activities which are conducted before protection, or can be used in a negligible extent.

3. The owner of real estate has the right to offer of real estate under the terms of this Article in a period of two (2) years from the date of entry into force of the act which has caused restrictions and stops in real estate.

 

Article 117

Compensation of damage

1. Legal or natural person who, due to restrictions or stops by this Law or under the protection Law, have significantly worsened conditions for the acquisition of existing incomes and can not be offset by allowing the activity within the protection regime in the protected area, is entitled to compensation for the restrictions that they have undergone.

2. Compensation under paragraph 1. of this Article can be paid if the competent state authority previously verifies that the physical or legal person who is affected / influenced by the restrictions applies determined conditions of the nature protection.

3. The level of compensation shall be established by agreement, and in case of dispute concerning the level of compensation, the matter shall be referred to court.

4. Compensation under paragraph 1. of this Article shall be paid form the Budget of Republic Kosovo.

 

Article 118

Republic of Kosovo shall not be liable for damages inflicted by wild species, except in cases set out by law.

 

Article 119

1. Physical or legal person to whom strictly protected animal species may inflict economic damages or any other damage, hereinafter: -the damaged person- must duly and at his own expense undertake all authorized procedures and interventions in order to prevent the occurrence of damage.

2. Procedure or undertaking within the meaning of paragraph 1 of this Article shall mean efficient fencing off, targeted safeguarding of resources and putting to flight the strictly protected animal specie.

 

Article 120

1. A person who suffered damages shall have the right to indemnity in the amount of actual damage inflicted by the animals of strictly protected specie if he/she has undertaken statutory procedures and interventions.

2. A person who suffered damages must notify the Ministry or the expert authorized by the Minister of the occurrence of damage without delay, and no later than eight (8) days from the date of occurrence of damage, respectively no later than three (3) days of occurrence of damage which is caused by big beast strictly protected on domestic animals.

3. A person who suffered damages and the expert shall ascertain at the place of occurrence of damage the facts essential for establishing the occurrence of damage, the cause and level of damage, and the expert shall write up minutes thereon.

4. Should a person who suffered damages duly notify the damage, and the expert does not attend to examination within three (3) days from the receipt of notification, a person who suffered damages may remit damage claim to the Ministry within an additional period of fifteen (15) days.

5. Procedures and interventions referred to in Article 119 of this Law and the operation methods and procedures of the expert in the procedure of establishing damage, as well as the amount of indemnity - tariff or criteria for evaluating damage shall be prescribed by ordinance by the Minister.

6. In the case of dispute concerning the compensation of indemnity, the matter shall be referred to the competent court.

7. A register of experts shall be published in web page of the Ministry.

 

Article 121

1. If legal or physical person starts the activity or works in the area which is a natural habitat of strictly protected wild-specie and which it already inhabits, and there is a predictable risk of damage from the strictly protected wild specie, the amount of indemnity shall be reduced for predictable damage.

2. The predictable risk referred to in paragraph 1 of this Article shall be established by the Ministry by virtue of the expert opinion of the administrative authority or the authorized expert.

 

Article 122

1. Legal and natural persons must indemnify for the damage incurred by violations of this Law.

2. The amount of indemnity for damage inflicted by unauthorized action with regard to particular exemplars of the strictly protected specie shall be established pursuant to the indemnity tariff to be passed by the minister.

3. The amount of indemnity incurred by unauthorized activity with regard to other protected natural assets shall be established by virtue of the expert evaluation of a person authorized by the Ministry.

4. The funds arising from indemnity referred to in paragraph 1, 2 and 3 of this Article shall constitute revenue of the Kosovo Budget.

 

CHAPTER VI

USAGE OF NATURE GOODS

 

Article 123

1. Use of natural resources shall be pursued on the basis of economizing and planning documents taking into account the conservation of biological and landscape diversity.

2. It shall be prohibited to use natural resources in a manner that results in:

2.1. degradation of the soil and the loss of its natural fertility;

2.2. degradation of the surface or underground geological, hydrogeological and geomorphologic features;

2.3. impoverishing the natural flora, fungi and fauna;

2.4. reduction of biological and landscape diversity;

2.5. pollution or contamination of water and endangering its exploitability.

 

Article 124

1. Managing plans for natural resources include nature protection measures and requirements.

2. Nature protection measures referred to in paragraph 1 of this Article involve the following:

2.1. review of the protected and registered natural values, ecologically important areas and particularly valuable landscapes with their features and state assessment;

2.2. review of the areas where existence of natural values is expected, as well as recommendations for proceeding on the occasion of discovering such assets or designating their protection;

2.3. protective measures and development trends for protected natural assets, ecologically important areas and particularly valuable landscapes;

2.4. measures for conservation of biological diversity, particularly the measures for conservation of habitat types;

2.5. cartographic view of habitat types.

3. Prior to drawing up management plans concerning natural resources, the owners and holders of rights must secure from the Ministry the nature protection requirements. The Ministry must issue nature protection requirements within sixty (60) days from the date of filing due request for issuing the terms. Should the Ministry not issue nature protection requirements within the specified period, it shall be deemed that it agrees with the proposed management plan.

 

Article 125

1. In procedure of producing spatial plan for the area with specific characteristics and spatial plan of the municipalities, the Ministry shall issue to body responsible for drafting the spatial plan requirements for the preparation of spatial plan: data, planning directions, documents provided, the conditions and measures for nature protection, directions of conserving the ecological system areas with cartographic presentation.

2. In procedure of drafting regulatory urban plans and detailed regulatory plans of the area of national park and nature park, the Ministry appoints to the plan holder to design requirements for the preparation of spatial plan: data, planning directions, documents provided, conditions and measures for the nature protection, conserving directions of the ecological system areas with cartographic presentation.

3. Documents of spatial regulation in paragraph 1. of this Article which include protected areas, implementation of which could have significant impact on the preservation goals of integrity of the area of ecological network, will be issued with prior approval of the Ministry.

 

Article 126

Managing plans with nature goods included on the protected areas and implementation of which could have significant impact on the conservation goals and in the whole area of ecological system, issued with prior approval of the Ministry.

 

Article 127

1. Should the method and volume of use the nature goods, directly threatens the favourable status of any particular or habitat type, the minister by order restrict or temporarily suspend the use while threat prevails.

2. For restrictions they are subject to, by virtue of the order referred to in paragraph 1 of this Article, the owners and holders of the right shall be entitled to remuneration in proportion with reduced income.

3. The amount of compensation shall be established by agreement, while in case of dispute concerning the amount of compensation, the matter shall be referred to court. Compensation shall be the liability of the Kosovo Budget.

4. The owner and holder of the right who does not proceed in compliance with the order referred to in paragraph 1 of this Article shall be liable for damage to the species or habitat type occurring after adoption of the order.

 

Article 128

Interventions in protected area

1. In the protected area are permitted those interventions and actions which do not harm and not change their characteristics because of which it is declared as protected.

2. Interventions and actions in the protected area which pursuant to special provision do not require the securing of a location permit, respectively implementation of the evaluation procedure is acceptable as an outdoor event permit shall be granted.

3. Authorisation for interventions and activities in the strict reserve, special areas, national park, nature park, monument of nature, shall be issued by the Ministry.

4. Authorisation for works and interventions in the landscape and protected monument of architecture of the parks, issues administrative authority or competent municipal authority.

5. Authorisation shall be issued by the decision. Appeals on decision of the administrative authority or competent municipal authority may be submitted to the Ministry.

6. Interventions that are conducted based on management plans in forestry, hunting and water economy, fishery and mining’s, not need the prior permission in cases where management plans contain the conditions of nature protection.

7. Should management plans referred to in paragraph 6 of this Article not include nature protection requirements, the authorisation shall be issued by the Ministry.

8. Authorisation from paragraph 3., 4. and 7. of this Article shall also include the nature protection requirements.

 

Article 129

1. The nature protected areas may be visited and toured in a manner that will not endanger their values and not obstruct the implementation of protection.

2. Visiting and touring the protected area and other protected natural values shall be permitted to everyone under equivalent terms in compliance with this Law and regulations passed on the basis of this Law.

3. Should visiting and touring of protected areas cause danger for their conservation, visiting and touring the protected area or parts thereof may be banned or restricted.

 

Article 130

1. The owner or holder of the right on protected area shall be bound to permit access to a particular natural asset provided that is necessary with regard to the scope of protection and significance of such a natural asset necessary for satisfying scientific, educational, aesthetic, cultural and recreational needs, in a manner and on conditions established by the decision of the minister.

2. The decision referred to in paragraph 1 of this Article shall stipulate compensation to the owner or holder of the right for potential restrictions he is subjected to.

 

Article 131

1. Should use and exploitation of a protected area for particular designated purposes be restricted or prohibited, the owner or holder of the right of the protected area has right on compensation for the restrictions which have been made.

2. The amount of compensation shall be determined by agreement. In case of conflict, the court decides.

3. Compensation will be liability of the state and municipal budget.

 

Article 132

1. Care for the nature value in the protected area may be conferred to the owner or holder of the right on real estate through concluding a contract regarding which regulates the mutual rights and liabilities of the authority which manages the nature protected values and the owner or holder of the right on real estate. Should the natural asset be a forest, concluding the agreement shall require securing prior approval from the Ministry of Agriculture Forestry and Rural Development.

2. The contract referred to in paragraph 1 of this Article shall establish:

2.1. natural value which is the object of care contracted;

2.2. safeguard measures which the owner or holder of the right must undertake during contract period;

2.3. the amount of compensation for enforcing statutory and contractually established safeguard measures;

2.4. other mutual rights and obligations with respect to care for a natural value.

3. Should the natural asset referred to in paragraph 1. of this Article be protected wild specie, contract shall be concluded by the Ministry.

 

Article 133

1. The protection of natural value in a protected area may, on the basis of conducted public bidding procedure be conferred to a person who is not its owner or holder of the right, by concluding the contract on tutelage, under conditions established by the Ministry. The bidding procedure shall be conducted by the public entity administering the protected area hosting the natural value.

2. A person who meets prescribed requirements and concludes the contract with the public entity referred to in paragraph 1 of this Article shall become the trustee of a natural value.

3. The contract referred to in paragraph 1 of this Article shall regulate the issues stipulated in Article 132 of this Law.

 

Article 134

Where a particular activity or use of a natural value or real estate in the protected area is in a particular manner or with specified purpose restricted or prohibited, entailing thereby damage to the owner or holder of the right on such a natural value, he/she shall be entitled to compensation for restrictions he/she is subjected to pursuant to provisions of this Law.

 

Article 135

Concession

1. Concession provides the right to economic use of natural resources or the right to exercising activities of interest for the Republic of Kosovo, pursuant to provisions of the Law on Public-Private- Partnerships and concessions in infrastructure and procedure for their award.

2. The concession is allowed in national park in the third area in harmony with spatial plan of national park.

3. For other protected areas the concession is granted according to the criteria defined in the law from the authority that declared the protected area.

 

Article 136

Concession in a strict nature reserve may not be granted, in the first area and second area of the national park.

 

Article 137

Use of minerals, fossil and exfoliations

1. Natural person may take from nature for his/her own collection the minerals, exfoliations and fossils which have not been declared as protected nature values.

2. A legal person may take minerals, exfoliations and fossils not designated as protected natural values for the purpose of exercising scientific, educational or museum activity.

3. Natural and legal person may take from nature minerals, exfoliations and fossils for placing them on the market with previously obtained permit from the Ministry. Permit shall be issued in the form of a decision.

4. Natural and legal person who places minerals, exfoliations or fossils on the market must for each mineral, exfoliation or fossil it owns have evidence proving its origin or authorisation for taking from nature thereof. The evidence or authorisation shall at sale of minerals, exfoliations or fossils be delivered to the buyer.

5. Natural and legal person referred to in paragraph 4. of this Article must keep records on placing of the market of minerals, exfoliations or fossils.

 

Article 138

1. When taking minerals, exfoliations or fossils from natural environment it shall be prohibited to use machines, explosive, pressurized gas or other chemical agents.

2. By way of derogation the Ministry may authorize the use of devices referred to in paragraph 1. of this Article with the view of collecting minerals, exfoliations or fossils for scientific or educational purposes.

 

Article 139

1. Natural or legal person intending to export minerals, exfoliations or fossils must apply for an export permit from the Ministry. The permit shall be issued in the form of decision.

2. Not allowed exporting minerals, exfoliations, or fossil, which are promulgated nature protection values.

3. By way of derogation the Ministry may allow the export of minerals, exfoliations, or fossils, which are proclaimed protected natural values in order of scientific researches, education and exhibitions. In the permission are defined the export terms for minerals, exfoliations, or fossils.

 

CHAPTER VII

PLANNING AND ORGANIZATION OF NATURE PROTECTION

 

Article 140

Basic documents in nature protection

1. Basic documents in nature protection are the Strategy and Action Plan for Biodiversity - hereinafter: Strategy - adopted by the Government of Republic of Kosovo proposed by the Ministry and approved by the Assembly of Republic of Kosovo.

2. The municipalities are obliged to issue programms for nature protection for their territory.

3. The programms must be harmonized with the Strategy.

 

Article 141

1. The strategy defines long-term objectives and purposes for conservation of biological and landscape diversity and protected natural values as well as the methods for their implementation, in compliance with overall economic, social and cultural development of the Republic of Kosovo.

2. Strategy shall be drawn up on the basis of a report on the state of nature and nature protection status (hereinafter referred to as: report on the state of natural environment), and shall include in particular:

2.1. general strategic objectives;

2.2. aims for conservation of landscape, ecological systems, habitat types, wild specie, local modified species;

2.3. aims for protected natural values;

2.4. aims for exploring and monitoring the state of nature;

2.5. aims for incorporating nature protection into other sectors;

2.6. aims for legislative and institutional framework;

2.7. aims for education and training aimed at promotion and conservation of biological and landscape diversity;

2.8. aims for informing the public and public participation in decision making concerning nature;

2.9. action plans for implementation of guidelines, indicating priorities and potential sources of financing;

2.10. the method of meeting international obligations concerning nature protection;

2.11. cartographic supplement presenting spatially the measures for conservation of biological and landscape diversity and protection of natural values.

3. Aims established in the Strategy shall be applied in drafting the spatial plan and natural resources management plans.

4. Expertise for drafting the Strategy shall be produced by the Institute.

5. The analysis of objectives and guidelines set out by the Strategy shall be pursued every five (5) years as the analysis of action plan implementation, and review of the Strategy shall be carried out as required.

 

Article 142

1. In order to implement the Strategy and programme of nature protection as well as other documents regulating particular issues in the area of nature protection, a report on the state of natural environment in the Republic of Kosovo shall be drafted and submitted to the Government for adoption and the Assembly shall be informed.

2. Report on the state of nature is designed for at least two (2) year period, and mainly includes:

2.1. the data of the state of landscape, ecological systems, habitat types, wild specie and local modified species with the analysis of threat thereon, as well as the reasons for threat and problems concerning protection;

2.2. the data on impact of use of natural resources on biological and landscape diversity;

2.3. the data on impacts of particular interventions on nature;

2.4. the evaluation of measures enforced in conservation of biological and landscape diversity and protected nature values;

2.5. the analysis of implementation of the Strategy and other documents essential for nature protection;

2.6 the evaluation of monitoring carried out;
2.7. the data on the use of financial resources for nature protection;

2.8. assessment of the need for drafting new or amending the existing documents as well as other important data for protection and conservation of nature.

3. Proposal of the report on the state of nature shall be drafted by the institute, and defined by the Ministry.

4. Municipal assemblies shall approve reports for the state of nature protection for its territory.

 

Article 143

Performance of administrative and professional task in the nature protection

1. Administrative and professional tasks in the nature protection shall be carried out by Ministry, except those works which the law or other laws, have entrusted to the competent management body, the Institute or the municipality.

2. Municipalities in accordance with this Law, Strategy, the program of nature protection and spatial regulation documents are obligated to:

2.1. provide for conservation of biological and landscape diversity on their territory;

2.2. designate protected areas within their competence;

2.3. provide conditions for protection and conservation of protected areas within their competence;

2.4. participate in the procedure of designating protected areas promulgated by the Government or Assembly;

2.5. participate in drawing up the management plans for protected areas within their competence;

2.6. provide for promoting nature protection as well as extend support and provide 70

for professional and other associations the activity of which is targeted to nature protection;

2.7. monitor the state of nature conservation and submit reports on the conservation status to the Ministry;

2.8. keep registers on the data relevant for nature protection;

2.9. inform the public on the state of natural environment on its territory and on the measures undertaken with the scope of its protection and conservation;

2.10. provide professional and other assistance to bodies of the local self- government units in nature protection on their territory;

2.11. perform as well other activities laid down in this Law and regulations passed on the basis of it.

 

Article 144

1. Complaint against decisions brought by the Ministry on the basis of this Act shall not be permitted, but an administrative dispute may be instituted.

2. Complaint against decisions brought on the basis of this Act may be lodged with the Ministry within fifteen (15) days from the date of delivery of the decision.

 

Article 145

Performance of professional works of the nature protection

1. Professional tasks for the nature protection for the Republic of Kosovo carried Kosovo Institute of Nature Protection.

2. The Institute carries out its activities within the frame of the Ministry.

 

Article 146

1. The Institute shall within the framework of its activities perform technical tasks of nature protection relating to:

1.1. collecting and processing collected data in connection with nature protection;

1.2. producing relevant data bases concerning plant, mushrooms and animal species, habitat types, ecosystems and landscapes;

1.3. monitoring the state of conservation of biological and landscape diversity and proposing the measures for protection thereof;

1.4. drawing up expertise reports for protection and conservation of the parts of nature or natural values;

1.5. drawing up expertise reports with the scope of establishing the nature protection requirements, administering protected areas and use of natural resources;

1.6. performing statistical analyses, consolidating results and drawing up the reports on the state and protection of nature;

1.7. participation in implementing international treaties on nature protection;

1.8. performing of other tasks determined with this Law .

2. The Institute shall carry out the tasks referred to in paragraph 1. of this Article in compliance with annual and multi annual programme of work.

3. Annual and pluriannual programme of work referred to in paragraph 2. of this Article shall be adopted subject to approval of the Ministry.

4. The Institute shall submit the achievement report concerning annual and pluriannual programme of work to the Ministry in the manner laid down in the Institute Statute.

5. Competent bodies and relevant institutions must forward the data on the state of nature collected pursuant to this Law to the Institute.

6. Funds for carrying out activities of the Institute laid down in this Law shall be provided in Kosovo Budget and also from other sources in accordance with the law.

 

Article 147

Control over legality of operations of the Institute shall be exercised by the Ministry.

 

CHAPTER VIII

ACCESS TO INFORMATION AND PUBLIC PARTICIPATION

 

Article 148

Informing of the public

1. Ministry, Institute, and administrative authority, competent municipal authority and directorate which manages with the nature protected values, are obligated to insure the public inform for the state of nature protection, unless the specific law or act of competent authority are not defined as confidentially.

2. Administrative authority, competent municipal authority and legal persons referred to in paragraph 1 of this Article must keep a register of data concerning the state and protection of nature, and in case of damage inflicted to nature they must inform the public thereof and provide instructions on procedures aimed at its protection and conservation. In the case of any immediate threat to nature and health of people, the public shall be informed about undertaking the necessary measures and actions with the view of preventing or attenuating damages that could result from such a threat.

3. The information must be timely and truthful.

 

Article 149

1. Ministry, Institute, administrative authority, competent municipal authority, the directorate which administrate the protected area, must provide to mass communication media at their request the information concerning the state of and protection of nature, on carrying out the tasks of protection and provide access into relevant documents.

2. Information on the state of and protection of nature shall, as a rule, be provided in a written form.

3. Reports on the state of and protection of nature shall be submitted to the Government at their request and in the manner laid down in this Law.

4. Municipal assemblies must submit the reports on the state of and protection of nature to the Ministry every two (2) years and also at other times at the request of such a body.

 

Article 150

Any person who finds that his/her request for providing information has been neglected or rejected unjustly, either partly or in entirety, shall have the right to adequate protection of his/her right before judiciary or other competent bodies.

 

Article 151

Public participation in decision making

1. In course of drafting the legislation or acts on designating the protected natural assets, administration plans for protected areas and plans of using natural resources as well as the generally applicable and legally binding regulations and documents in the field of nature protection, participation of the public shall be provided for.

2. The public should be informed about the procedure from paragraph 1. of this Article via public announcement.

 

Article 152
Data keeping and using

Documentation and the data on inventory for all components of biological and landscape diversity as well as monitoring the nature conservation status, and in particular of protected natural values shall be collected and kept with the Institute and the Ministry.

 

CHAPTER IX

SIGN OF NATURE PROTECTION

 

Article 153

1. To promote the nature protection and formal identification of the person in the supervision process and undertaking the measures for nature protection shall be used the sign of nature protection.

2. Design of the sign, procedure and conditions for its use shall be determined by the minister with special act.

 

CHAPTER X

PROMOTING EDUCATION ON NATURE PROTECTION

 

Article 154

1. The competent authority of municipality of the municipality for education must provide the conditions for promotion, education on nature protection.

2. Ministry, municipalities and legal entities with public authority are obliged to encourage and inform the public about nature protection and preservation of virtue through media, lectures and publishing activity and to inform the public for nature values on their purpose of visit, for educational and recreational purposes.

 

Article 155

1. With the aim to promote the nature protection for each year shall celebrated the Day of nature protection.

2. Educational, training, recreational, professional and other activities intended to stimulate and promote nature protection in an appropriate manner shall be organized on the Nature Protection Day.

3. Nature Protection Day shall be celebrated on 22 May on the International Day for Biological diversity each year.

 

CHAPTER XI

RECOGNITIONS AND PRIZES FOR ACHIEVEMENTS IN NATURE PROTECTION

 

Article 156

1. Recognitions and prizes for achievements in the field of nature protection shall be awarded for:

1.1. results achieved in stimulating and promoting nature protection;
1.2. work results achieved in nature protection projects and programmes;

1.3. development of the system of education in nature protection in the schooling system;

1.4. achievements of an individual in development and improving nature protection at national and international level;

1.5. contributions by professional institutions as well as professional and other associations in promoting nature protection.

2. Recognitions and prizes shall be awarded by the Ministry.

3. Types, design, procedure and method of awarding recognitions and awards shall be established by the minister with the sub legal act.

 

CHAPTER XII

FINANCING NATURE PROTECTION

 

Article 157

1. From the Kosovo Budget shall be provided funds for the protection of important natural values of international and national and for those values of nature which defines the Ministry for financial support and other support provided by this Law, for compensation of damage caused by strict protected animals, the realization of the right of first buyers of the Republic of Kosovo, for compensation of owners or holders of rights in real estate, for which restrictions have been subjected to the protection of nature values of international and state importance and for other purposes specified in this law.

2. From the municipality budget are provided the means for protecting the nature values which it announces of financial support and other support provided by this Law and the realization of the right of first buyers and compensation of owners and holders of rights in real estate limitations for which they are subjected to the value of protected nature.

3. Financing funds of nature protection are insured from exploitation of natural goods and values protected by this Law, if the nature or a specific law is not defined differently, by giving compensation to the concession and from other sources specified by law or provisions issued pursuant to law.

 

CHAPTER XIII

SUPERVISION

 

Article 158

Administrative supervision

Administrative supervision over the application of the provisions of this Act and regulations passed on the basis thereof shall be carried out by the Ministry.

 

Article 159

Direct supervision in protected areas

1. Direct supervision of protected areas performs the supervisors of the directorate, which manages the protected area.

2. The supervisor may be appointed the person who has at least the secondary professional preparation, one (1) year working experience in the profession and have passed the professional examination.

3. Supervisor shall produce evidence of their official status by presenting the official card.

4. Supervisor shall in the course of performing their routine work wear a uniform, the nature protection label and designation of protected area they inspect.

5. Content, form and method of issuing the official card and design of the uniform shall be prescribed by ordinance by the minister.

 

Article 160

1. Should the chief supervisor or supervisor in exercising control come across a person who in a protected area performs the activities providing for misdemeanour liability by virtue of the provisions of Article 165.166, 167 and 168 of this Law, have the right and are obliged to:

1.1. to request an identity card or another document in order to identify such a person;

1.2. inspect the luggage, vehicle or craft;

1.3. temporarily restrict the movement in a designated area;

1.4. issue a order against the defendant in order to collect fine, penalty, indemnity or compensation for costs incurred from the perpetrator of the misdemeanour and issue a receipt of the fine collected;

1.5. temporarily seize the illegally acquired part of living or non-living nature belonging to the protected area as well as the means by which illegal acquiring has been effected;

1.6. request restoring of the former state or order measures for preventing and eliminating of the damaging consequences;

1.7. pronounce an administrative measure,

1.8. bring misdemeanour or criminal charges.

2. The misdemeanour order referred to in paragraph 1, subparagraph 4 of this Article may provide for a misdemeanour fine in the minimum amount stipulated for such a misdemeanour or order protective measure, while the fine referred to in paragraph 1, subparagraph 5 of this Article in the amount of thirty (30) € for physic persons, and five hundred (500) €. for legal persons;

3. Paid means of sub-paragraph 1.5 of this Article shall constitute income of the Kosovo budget.

4. Supervisor also carries out the tasks of a ranger.

 

Article 161

1. Direct protection and tasks of keeping and promoting the protected area shall also be exercised by rangers, in particular:

1.1. planning, organizing and performing instructive walks throughout protected area;

1.2. ecological teaching for visitors of a protected area and for local population;

1.3. care for safety of visitors and on carrying out rescue operations;

1.4. observing and monitoring the state of plant, fungi and animal species as well as of other assets in protected area;

1.5. cooperation with leaders of research and other authorized projects in a protected area;

1.6. cooperation with owners and holders of the right to real estates in a protected area with the view of nature protection;

1.7. control over performing authorized activities and operations in a protected area;

1.8. caring for maintenance of infrastructure objects in a protected area;

1.9. performing tasks of a supervisor by virtue of special authority.

2. Rangers are employees of a directorate, which manages with the protected area.

3. Method and conditions of performing the ranger tasks for nature protection shall be regulates by minister with special act.

 

Article 162

Inspectional supervision

1. Inspectional supervision over the application of this Act and regulations passed on the basis thereof shall be carried out by the nature protection inspection within the environmental inspectorate.

2. Content, form and method of issuing the official card and badge shall be prescribed by Minister with sub legal act.

 

Article 163

1. In carrying out supervision over protected natural values and other parts of nature which this Act provides for the inspector shall supervise:

1.1. state of the quality of natural environment;

1.2. exploitation and usage of protected natural assets and other parts of nature;

1.3. application of requirements and measures of nature protection as well as other acts issued on grounds of this Law;

1.4. implementation of compensation terms;

1.5. implementation of natural resource management plans in the part relating to nature protection measures and requirements;

1.6. implementation of the governance plan and programme of protection, conservation, use and promotion of the protected natural value;

1.7. actions that might give rise to alterations and degradation of protected natural asset or other part of nature;

1.8. applying direct protection, conservation and use of protected natural values;

1.9. implementing protective measures with regard to protected plant, fungi and animal specie and other protected natural values;

1.10. export, import and transport of plant, mushrooms and animals, where restricted or prohibited by this Law or regulations passed on the basis thereof;

1.11. introduction and re-introduction of wild specie into natural environment;

1.12. informing public on the state of nature;

1.13. implementing other prescribed requirements and protective measures for biological and landscape diversity set out in this Law and regulations passed on the basis thereof.

 

CHAPTER XIV

PUNITIVE PROVISIONS

 

Article 164

1. With fine, worth at least ten thousand (10.000) to forty thousand (40.000) € shall be punished the legal person of an offence if:

1.1. undertakes intervention and action which may result in destruction or some other major or permanent damage on the ecologically important area ( Article 63 paragraph 4. and Article 64 paragraph 4. of this law);

1.2. exterminates the wild autochthonous specie ( Article 86 paragraph 3.of this law).

2. With fine, worth at least one thousand (1.000) to four thousand (4.000) € will be punished for violation of paragraph 1. of this Article the individual person and responsible person of legal entity.

 

Article 165

1. With fine, worth at least four thousand (4.000) to thirty thousand (30.000) € would be punished a legal person convicted of an offence if:

1.1. carries out intervention for which it’s not received acceptability review for nature or is in contradiction with the received examination ( Article 34 paragraph 1. and 3. of this law);

1.2. proceeds contrary to the measures for protection, conservation, improvement and use of protected areas and other nature protected values, laid down in the by Regulation on internal order ( Article 76 of this law);

1.3. introduces alohton wild specie in the nature on the territory of the Republic of Kosovo ( Article 91 of this law);

1.4. re-introduces disappeared alohton wild species into the nature on the territory of the Republic of Kosovo without Ministry permission ( Article 93 of this law).

2. With fine, worth at least four hundred (400) to three thousand (3.000) € will be punished for violation in paragraph 1. of this Article, the physical person and responsible person of legal entity.

 

Article 166

1. With fine, worth at least one thousand (1.000) to ten thousand (10.000) € will be punished for an offence the legal entity if:

1.1. performs unauthorized actions in the strict nature reserve ( Article 10 of this law);

1.2. exploits the nature goods that are unauthorised for economic purposes or performs any activity which is not allowed in national park ( Article 11 of this law);

1.3. undertakes unauthorized interventions and actions, which can break the features due to which is announced the special area ( Article 12 paragraph 3. of this law);

1.4. pursues activities endangering the features and the important role in the nature park, or carries out economic activity and uses of nature goods without having obtained conditions for the nature protection ( Article 13 of this law);

1.5. In the nature monument or in its immediate vicinity undertakes actions that endanger its characteristics and values (Article 14 paragraph 3. of this law);

1.6. perform the actions and activities degrading the features due to which are announced the protected landscapes (Article 15 paragraph 2. of this law);

1.7. carries out the actions and activities which degraded or change the values due to which is protected the monument of the park architecture (Article 16 paragraph 2. of this law);

1.8. with no valid reason destroys protected minerals exfoliations fossils, and their discovery-places (Article 18 paragraph 4. of this law);

1.9. does not protect the local modified species in determined manner ( Article 26 of this law);

1.10. organises rides on motor vehicles outside settlements, on all kind of roads,

field roads, improved paths and driving polygons, without obtaining permission of the Ministry ( Article 30 of this law.);

1.11. places on the market and applies with ammunitions for protection of the plants or mineral fertilizers in a manner which is not allowed ( Article 32 of this law);

1.12. does not implement the compensation conditions in the determined manner ( Article 38 paragraph 3. and 5.);

1.13. after the intervention does not bring the same state or approximately the same in which has been before the intervention ( Article 42 paragraph 2. of this law);

1.14. as a person responsible for undertaking or as a user of natural goods without delay does not eliminate harmful consequences (Article 45 of this law);

1.15. uses and manages forests contrary to principles of sustainable development and principles of forest certification ( Article 47 paragraph 2. and 3. of this law);

1.16. performs forestation wherever that is not justified and in a manner endangering the endangered non-forest and rare habitat type (Article 48 of this law);

1.17. uses ammunitions for protection of plants in forests with no authorization (Article 49 of this law);

1.18. does not safeguard constant percentage of mature, old and dry trees pursuant to nature protection requirements (Article 50 paragraph 1. of this law);

1.19. does not let a part of the truncated free surface determined by economic- forest basis, respectively with nature protection conditions (Article 50 paragraph 3. of this law);

1.20. does not manage in such a manner so as to conserve to the maximum extent the forest clearances and forest edges (Article 50 paragraph 4. of this law);

1.21. damages, destroys or takes away exfoliations and underground live nature from the speleological object ( Article 53 paragraph 1 of this law);

1.22. modifies habitat conditions in a speleological object by disposal of garbage or biological waste, by burning fire or otherwise (Article 53 paragraph 1 of this law);

1.23. performs activities or actions in a speleological object without prior approval of the Ministry (Article 53 paragraph 2 of this law);

1.24. constructs barriers on watercourses, reclaims, buries springs, ponds, etc, and thereby endangers natural assets and biological diversity (Article 56 paragraph 1. of this law);

1.25. uses grasslands in an unauthorized manner (Article 59 of this law);

1.26. does not conserve peripheral parts of agricultural land as habitats (Article 60 paragraph 1. of this law);

1.27. does not implement determined measures for conservation of habitat types in a favourable status (Article 61 paragraph 1. of this law);

1.28. pursues exploration without permission of the competent body and/or does not forward the results of exploration to a competent body (Article 71 paragraph 1. and 3. of this law);

1.29. disturbs, captures, injures wild animals, reduces population of a wild specie, destroys or degrades its habitat without just cause (Article 86 paragraph 2. of this law);

1.30. does not apply measures, methods and technical means that least disturb wild specie or habitats of populations thereof (Article 87 paragraph 1. of this law);

1.31. does not apply determined protective measures and does not maintain ecological corridors for wild animals (Article 88 paragraph 3. of this law);

1.32. constructs towers and technical components of medium-voltage transmission lines in an unauthorised manner (Article 89 of this law);

1.33. collects plants, mushrooms and parts thereof and captures and kills animals with the scope of processing, trade and other business without obtaining authorisation from the Ministry and without other determined conditions (Article 90 of this law);

1.34. uses protected wild species contrary of determined conditions (Article 94 of this law);

1.35. uses the devices for capturing and killing protected animals, as well devices which can cause the local disappearance or serious disturbance of populations of the species ( Article 95 of this law);

1.36. trades in wild growing strictly protected plants and mushrooms ( Article 97 paragraph 2. of this law);

1.37. intentionally captures, holds and kills strictly protected animal species, damages or destroys their evolution forms, nests or broods, as well as the breeding and resting sites, disturbs these during the time of breeding, rearing young and hibernation, and intentionally destroys or takes eggs from nature or keeps empty eggs (Article 97 paragraph 3. subparagraph 3.1., 3.2., 3.3., 3.4., 3.5. and 3.6 of this law.);

1.38. hides, keeps, breeds, trades in, alienates or in any other manner way acquires protected plants, fungi and animals, and stuffs strictly protected animals (Article 97 paragraph 3. subparagraph 3.7 of this law);

1.39. proceeds contrary to the provisions with regard to wild growing plants, mushrooms and animals found in a strict nature reserve, national park and special area, as well as to underground animals (Article 97 paragraph 4. of this law);

1.40. keeps in captivity, breeds, markets and purchases wild species contrary to determined provisions (Article 99 of this law);

1.41. exports or imports strictly protected plants, mushrooms and animals with no permission from the Ministry (Article 99 paragraph 2. of this law);

1.42. takes out, brings in, exports, imports, transit passing of plants, mushrooms and animals that are protected under this Law or international treaties, parts and derivatives thereof with no permission and contrary to the conditions laid down in the Law and implementing provisions (Article 101 of this law);

1.43. takes out, brings in, exports, imports, transit passing of plants, mushrooms and animals that are protected under this Law or international treaties, parts and derivatives thereof with no permission or appropriate certification issued by Ministry and the administrative authority, to act country's export or re export with illegal documents, permits or certification without validity, or permit or proof which is changed without consent of the Ministry or the export or re export (Article 101 paragraph 1. of this law);

1.44. uses permit, certification or other act issued based on this Law, the purpose of performing tran-border traffic and trade of wild species, for any exemplar of wild specie for which is not issued the permit, certification or other act ( Article 101 paragraph 7. and / or Article 107 paragraph 5 of this law.);

1.45. the request for issuance of permit for the introduction, extraction, export, import, re-export certification, permits or certificates for trade used false statements or intentionally provides false information to obtain a permit or certificate ( Article 101 paragraph 1. and 4. Article 107 paragraph 1. of this law);

1.46. performs transit passage wild species protected under this law, their parts or derivatives without a valid export permit or certificate on re export, issued by the administrative authority of the country to export or re export (Article 101, paragraph 8. of this law);

1.47. performs trade with wild protected species autochthonous or alohton based on Law or under international agreements contrary to the determined conditions by law and acts defined according it (Article 107 of this law);

1.48. falsification or change permit certification and do not follow the orders and conditions cited in the certification for trade with autochthonous and alohton protected wild species based on Law (Article 107 paragraph 1. and 4. of this law);

1.49. if without delay does not inform the Ministry on all changes and new conditions which affect or may affect the validity of the permit or certificate in order to trans – border trade or trade of protected wild species, issued in accordance with this Law and acts of law and acts to be issued on the basis of it (Article 109 paragraph 2. of this law);

1.50. does not submit the offer for sale of real estate on the first buyer right basis in the manner determined by this Law ( Article 113 paragraph 1. and 2. of this law);

1.51. sells the real estate located in a protected natural area to another person at a price that is lower than the price quoted in the offer to the persons entitled to first buyer ( Article 113 paragraph 4. of this law);

1.52. uses nature goods in not allowed manner and with harmful consequences (Article 123 of this law);

1.53. issue plan for economizing with the nature without the consent of the Ministry ( Article 124 of this law);

1.54. exercises the intervention and actions in protected nature value with no concession approval from Ministry (Article 128 of this law);

1.55. places on the market minerals, exfoliations and fossils without permission (Article 137 paragraph 3. of this law);

1.56. exports minerals exfoliations and fossils, which are protected as the nature value ( Article 139 paragraph 2. of this law).

2. With fine, worth at least three hundred (300) to two thousand (2000) € will be punished for violation of paragraph 1 of this Article the physical person and responsible person of legal entity.

 

Article 167

1. With fine, worth at least five hundred (500) to one thousand (1.000) € will be convicted of an offence a legal person if:

1.1. does not apply protective measures determined by this Law while the nature value is under preliminary protection (Article 24 of this law);

1.2. does not allow the visit and viewing nature (Article 29 of this law);

1.3. does not notify the discovery of speleological object or part thereof within a determinate period (Article 52 paragraph 3. of this law);

1.4. pursues exploration without the Ministry permission (Article 67 of this law);

1.5. does not proceed in compliance with the management plan for a protected area (Article 81 paragraph 4. and Article 82 of this law);

1.6. without justified reason captures, injures or kills wild animals (Article 86 paragraph 2 of this law.);

1.7. without justified reason eliminates wild specie - plants and animals- from their habitats, reduces their populations or destroys them (Article 86 paragraph 3. of this law);

1.8. picks ups, collects, destroys, cuts or uproots wild growing strictly protected plants or mushrooms ( Article 97 paragraph 1. of this law);

1.9. holds strictly protected plants and mushrooms (Article 97 paragraph 2. of this law);

1.10. carries out exploration on strictly protected specie without permission from the Ministry (Article 100 paragraph 1. of this law);

1.11. keeps in captivity in inappropriateconditions and without adequate care, or contrary to determinate conditions, the animals wild species (Article 104 paragraph 1. of this law);

1.12. displays in zoos, aquaria, terrariums or similar spaces the animals of autochthonous or alohton wild specie without permission from the Ministry (Article 105 paragraph 1. of this law);

1.13. breeds autochthonous and alohton wild species without the permission of the Ministry (Article 106 paragraph 1. and 2. of this law);

1.14. does not mark bred animals of wild species in the determinate manner (Article 106 paragraph 3. of this law);

1.15. does not provide for a bred animal not to escape into nature and inflict damage (Article 106 paragraph 4. of this law);

1.16. explores the findings site of minerals exfoliations and fossils that may destroy or inflict damage (Article 112 paragraph 3 of this law);

1.17. explores the findings site of minerals, exfoliations and fossils without the permission of the Ministry (Article 112 paragraph 5 of this law.);

1.18. organizes visiting and touring of a protected nature value contrary to prohibition or limitations (Article 129 of this law);

1.19. does not allow access to the nature protected value under the determinate conditions (Article 130 paragraph 1. of this law);

1.20. cares for or protects of the nature value in the protected area without contract or contrary to conditions of contract (Article 132 and 133 of this law);

1.21. at taking minerals, exfoliations and fossils makes use of machinery or other unauthorised devices (Article 138 paragraph 1 of this law.);

1.22. does not provide for participation of the public in the course of drafting legislation or acts on designating the protected nature goods, spatial plans, management plans and plans of usage of protected areas and nature goods (Article 151 of this law).

2. With fine, worth at least one hundred (100) to five hundred (500) € will be punished for violation of paragraph 1.of this Article, the physical person or responsible person of legal entity.

 

Article 168

1. With fine, worth at least five hundred (500) to one thousand (1.000) € will be convicted a legal person of an offence if:

1.1. explores and visits a strict nature reserve without permission from the Ministry ( Article 10 paragraph 2. of this law);

1.2. collects plants, mushrooms and parts thereof and captures or kills animals with the scope of processing, marketing and other trade with no approval of the owners and holders of the right ( Article 90 paragraph 2. of this law);

1.3. take out from the Republic of Kosovo for scientific purposes the wild species and their parts which are not protected nature values in terms of this Law, without the permission of the Ministry ( Article 71 paragraph 4. of this law);

1.4. does not notify the Ministry and veterinary service of dead, ill or injured strictly protected wild species ( Article 99 paragraph 3. of this law);

1.5. does not forward to the Ministry and Institute the data within determinate period on the results of exploration ( Article 100 paragraph 2. of this law);

1.6. does not declare import or export of the animal, mushrooms or plant to the competent customs service ( Article 102 of this law);

1.7. does not notify the Ministry within a determinate period of acquiring ownership on protected animals ( Article 104 paragraph 2. of this law);

1.8. does not issue to a new owner the certificate of origin of the animal and the invoice ( Article 107 paragraph 3. of this law);

1.9. does not protect or preserve minerals exfoliations and fossils in the determinate manner ( Article 110 paragraph 2. and 3. of this law);

1.10. does not notify the Ministry within the prescribed period about the discovery of minerals, exfoliations and fossils or does not undertake due protective measures against destruction, damage or theft ( Article 112 paragraph 1 of this law.);

1.11. does not provide for exploring the finding site of minerals, exfoliations and fossils pursuant to the decision of the Ministry ( Article 112 paragraph 4. of this law);

1.12. takes from nature the minerals, e foliation and fossils for purposes thatare no laid down in this law ( Article 137 paragraph 2. of this law);

1.13. takes minerals, exfoliation and fossils from nature with the scope of marketing thereof without permission from the Ministry ( Article 137 paragraph 3 of this law.);

1.14. does not possess evidence proving the origin of minerals, exfoliation and fossils or the permission for taking those out from nature ( Article 137 paragraph 4. of this law);

1.15. does not keep records on placing on the market of minerals, exfoliation and fossils in a determinate manner ( Article 137 paragraph 5. of this law);

1.16. exports minerals, exfoliations and fossils without permission from the Ministry ( Article 139 paragraph 1. of this law);

1.17. uses the nature protection sign contrary to the determinate manner ( Article 153 paragraph 2. of this law);

2. With fine, worth at least two hundred (200) to five hundred (500) € will be punished for violation of paragraph 1. of this Article, the natural person and responsible person of legal entity.

 

Article 169

1. In fine, the value of one hundred (100) € will be punished natural person for the offence in the national park, nature park and the park architecture monument, if:

1.1. performs underwater activity without the permission of the Ministry respectively administrative authority or competent municipal authority (Article 75 paragraph 1. subparagraph 1.1. of this law);

1.2. the anchor and / or linking the boat outside abroad determined by the spatial plan (Article 75 paragraph 1. subparagraph 1.2. of this law);

1.3. performs recreational fishing without permission or contrary with the terms of the permission issued (Article 75 paragraph 1. subparagraph 1.3 of this law);

1.4. damages and / or destroys the label and / or information table (Article 75 paragraph 1. subparagraph 1.4 of this law);

1.5. make the fire outside the dwelling and/or places which are especially marked and designated for this purpose (Article 75 paragraph 1. subparagraph 1.5 of this law);

1.6. filming or photographing for commercial purposes, without Ministry permission, respectively administrative authority or competent municipal authority (Article 75 paragraph 1. subparagraph 1.6 of this law);

1.7. flying with slightly ultra flight without permission of the Ministry, respectively administrative authority or competent municipal authority (Article 75 paragraph 1. subparagraph 1.7 of this law);

1.8. emplace of information plates, billboards and others without permission of the Ministry, respectively administrative authority or competent municipal authority ( Article 75 paragraph 1. subparagraph 1.8. of this law).

 

Article 170

1. With fine, in amount of thirty (30) € will be punished the physical person for the offence if:

1.1. visits and/or touring without ticket, when that is obliged ( Article 75 paragraph 1. paragraph 1.9 of this law);

1.2. throwing garbage’s outside of certain places, foreseen for it ( Article 75 paragraph 1.10 of this law);

1.3. cleaning outside the determinate places, defined by directorate of area administration ( Article 75 paragraph 1.11 of this law).

 

CHAPTER XV

TRANSITIONAL AND FINAL PROVISIONS

 

Article 171

1. Natural values protected prior to the entry into force of this Law shall remain protected, while the owners and holders of the right on such protected natural values shall have the rights and obligations determined by this Law.

2. Registry of protected natural values into the Register shall be harmonized with the provisions of this Law within two (2) years from the date of entry into force of this Law.

 

Article 172

1. Legal persons managing forests must align forest management plans with the provisions of this Law on the occasion of their renewal or first review.

2. Holders of the right on hunting must align the hunting management plans with the provisions of this Law on the occasion of their renewal or first review.

3. Legal persons administering water resources must align management plans with the provisions of this Law within two years from entering of this Law into force.

4. Other legal and physical persons managing natural goods must align the plans of using natural goods with the provisions of this Law within a year from the entry into force of this Law.

5. Legal and physical persons operating in trade referred to in Article 111 of this Law must align their business operations with the provisions of this Law within thirty (30) days from the entry into force of this Law.

6. Public entities or administrative authorities or competent municipal authorities who conferred the care for protected natural values to legal and physical persons by virtue of a contract, prior to entry into force of this Law must align such contracts with the provisions of this Law within three (3) months from entry into force of this Law.

 

Article 173

1. The Institute and directorate administering protected areas shall proceed with operations pursuant to this Law.

2. The Institute and directorate must align their organization, activities and sub-legal acts with the provisions of this Law within ninety (90) days from the entry into force of this Law.

3. The Municipalities which ones in the enforcement day of this Law didn’t established the administrative departments of the protected areas according to the Law of Nature Protection No. 02./L-18/ Regulation 2006/22 are obliged to establish them in a period of one year from the entry into force of this Law.

 

Article 174

1. The international ecologically important areas referred to in Article 64, of this Law shall be constituent parts of the European ecological network “NATURA 2000”.

 

Article 175

1. The Government and the Minister shall within a year from the entry into force of this Law pass legislation they are entitled to under this Law.

2. Pending the entry into force of the implementation acts set out in this Law, implementation acts in the field of nature protection in force shall remain legally valid pending the entry into force of this Law and/or those passed on the basis of the Nature Protection Law No. 02./L-18/ Regulation 2006/22 in the part where their provisions are not contrary to the provisions of this Law.

3. Protective measures passed by competent body of municipalities for protected parts of nature on their respective territory shall by virtue of provisions of the Nature Protection Law No 02./L-18/ Regulation 2006/22 remain in force pending the adoption of implementing regulations on the measures of protection concerning such protected natural values pursuant to this Law in the part in which those are not contrary to provisions of this Law.

 

Article 176

1. On the day of the entry into force of this Law, the Nature Protection Law No 02./L-18/ Regulation 2006/22, shall cease to be valid.

2. The procedures initiated pursuant to the provisions of the Nature Protection Law No 02./L-18/ Regulation 2006/22 shall be completed pursuant to provisions of this Law.

3. Punishing proceedings initiated pursuant to provisions of the Nature Protection Law No 02./L-18/ Regulation 2006/22 prior to the date of entry into force of this Law shall continue before the competent court.

 

Article 177

Entry into force

This Law enters into force fifteen (15) days after publication in the Official Gazette of the Republic of Kosovo.

 

Law No. 03/L-233

30 September 2010

 

Member of the Presidency of the Assembly

Xhavit Haliti