The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Facilitated Procedures for the Construction of the Energy Supply
Buildings Required for the Promotion of Energy Security and
Autonomy
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The terms used in this Law correspond to the terms used in the
law On Environmental Impact Assessment, the Spatial Development
Planning Law, the law On Specially Protected Nature Territories,
and the Construction Law unless it has been laid down otherwise
in this Law.
Section 2. Purpose of this Law
The purpose of the Law is to promote generation of renewable
energy, to facilitate the energy security and autonomy of the
Republic of Latvia, and to mitigate adverse climate and
environmental change processes.
Section 3. Scope of Application of
the Law
The Law prescribes facilitated procedures for the following
activities:
1) construction of wind power plants with the total capacity
of at least 50 megawatts and the infrastructure required for
these plants (hereinafter - the wind power plant);
2) installation of external engineering networks required for
the operation of solar panels (equipment) and for the
construction of other related buildings if the total capacity of
solar panels (equipment) per object is at least 10 megawatts;
3) construction work required for the installation or
replacement of thermal energy generation equipment if generation
of thermal energy using renewable energy resources is planned,
the capacity of the respective equipment is at least five
megawatts, and thermal energy will be transferred to the
centralised heating system;
4) construction of structures to be used in energy supply in
the internal sea waters and territorial sea of the Republic of
Latvia, and the distribution, transmission, or storage
infrastructure required for these structures.
Section 4. Territory in Which the
Construction of Wind Power Plants is Permitted
The construction of wind power plants shall be permitted
outside cities, towns, and villages, in the industrial building
territory, in the technical building territory, in the
agricultural territory, on forest land specified in the local
government spatial plan, taking into account that the distance
from residential and public buildings to the border of the
nearest planned wind power plant and wind park is at least 800
metres.
Chapter
II
Assessment and Acceptance of the Intended Activity
Section 5. Application of the
Initial Assessment Process
(1) The initial assessment shall be applicable to all wind
power plants if they are planned outside:
1) specially protected nature territories, except for North
Vidzeme Biosphere Reserve where the construction of wind power
plants and the infrastructure required for such plants is allowed
according to the procedures specified in the individual
protection and use regulations of North Vidzeme Biosphere
Reserve, and also outside protected nature territories of
European importance (hereinafter - the Natura 2000 territory),
micro-reserves, buffer strips of two kilometres in width
surrounding the Natura 2000 territories as well as micro-reserves
defined for the protection of bird species;
2) as at the moment when the construction of wind power plants
is applied for to the State Environmental Service - the specially
protected biotopes and the habitats of specially protected
species registered in the nature data management system
"Ozols";
3) coastal protection zones of the Baltic Sea and the Gulf of
Rīga;
4) protection zones of surface water bodies;
5) protection zones (protection areas) around cultural
monuments.
(2) In accordance with the procedures laid down in this Law,
the initial assessment shall be applicable to the construction of
wind power plants if the voltage of the overhead high voltage
power line intended for the construction of the required
infrastructure is equal to or exceeds 220 kilovolts and its
length is up to 15 kilometres.
Section 6. Initial Assessment of the
Construction
(1) The initial assessment shall be applicable to the
construction of wind power plants in accordance with the law On
Environmental Impact Assessment if it meets the requirements of
Sections 4 and 5 of this Law. Opinions provided by an expert of
biotopes, bird species, and bat species, certified in at least
the areas of species and biotope protection as well as noise
assessment, shall be used for the assessment of the construction
of wind power plants. An agreement of valsts akciju sabiedrība
"Latvijas gaisa satiksme" [State joint-stock company Latvian
Air Traffic] for the construction of wind power plants and the
required infrastructure shall be appended to the submission.
(2) In carrying out the initial assessment of the construction
of wind power plants, the State Environmental Service shall
consult with the Nature Conservation Agency and, if necessary,
other authorities. The authorities shall provide their opinion
within seven working days after receipt of a request.
(3) If the initial assessment has been carried out for the
construction of wind power plants and the decision not to apply
the environmental impact assessment has been taken, the State
Environmental Service may include in the technical regulations
conditions regarding the required additional activities until the
moment of submitting the building design for agreement if these
activities do not have a significant impact on the result of the
initial assessment.
(4) If, after issue of the technical regulations until the
moment of submitting the building design for agreement,
reconstruction of previously unforeseen elements of amelioration
systems is required for the implementation of the intention to
construct wind parks, the initiator of the construction of wind
power plants shall submit a submission regarding amendments to
the technical regulations.
(5) Contesting and appeal of the technical regulations of the
State Environmental Service shall not suspend their
operation.
Section 7. Environmental Impact
Assessment of the Construction of Wind Power Plants and Deadlines
of the Process
(1) Environmental impact assessment of the construction of
wind power plants is carried out in accordance with the law On
Environmental Impact Assessment unless it has been laid down
otherwise in this Law.
(2) The initiator of the construction of wind power plants has
the right to carry out the environmental impact assessment
according to the general procedures in accordance with the law On
Environmental Impact Assessment, applying the activity to the
Environment State Bureau, or to carry out the initial assessment,
applying the activity to the State Environmental Service if it
meets the requirements of Sections 4 and 5 of this Law.
(3) If the construction of wind power plants is applied to the
Environment State Bureau, the Bureau shall issue the decision on
application of the environmental impact assessment procedure
within 15 days after receipt of the submission of the
initiator.
(4) The Environment State Bureau shall issue a programme of
the environmental impact assessment within 15 days from receipt
of the decision referred to in Paragraph three of this Section or
the decision of the State Environmental Service on application of
the environmental impact assessment procedure on the construction
of wind power plants.
(5) Prior to issuing of the programme of the environmental
impact assessment, the Environment State Bureau shall send the
submission of the initiator to the local government and the
authorities the competence of which includes assessment or
monitoring of the respective impacts. The authorities shall,
within seven days after receipt of the information, provide a
written opinion to the Environment State Bureau on the extent and
level of detail of the information to be included in the
report.
(6) The Environment State Bureau shall issue an opinion on the
report on the environmental impact assessment of the construction
of wind power plants within 45 days after receipt of the report.
If the Environment State Bureau requests information from the
initiator in accordance with Section 20, Paragraph two of the law
On Environmental Impact Assessment, the deadline for the
provision of the opinion is extended for the period of time
within which the initiator has provided such information. If
necessary, the Environment State Bureau may extend the time
period for the provision of the opinion in accordance with the
procedures laid down in the Administrative Procedure Law, but not
more than for one month.
Section 8. Acceptance of the
Activity
If environmental impact assessment has been carried out for
the activity provided for in Section 3, Clause 1 or 4 of this Law
(hereinafter - the intended activity) in accordance with the law
On Environmental Impact Assessment and an opinion of the
Environment State Bureau has been received, the Cabinet shall,
within 30 days, take a decision on acceptance of or refusal to
accept the intended activity.
Section 9. Conditions for the
Construction of Wind Power Plants on Forest Land
(1) If wind power plants are constructed on forest land, the
adverse consequences caused by deforestation shall be compensated
by afforestation.
(2) A public person may grant building the rights to an energy
supply merchant for the construction of the wind power plant on
forest land owned by the respective public person for a period
not exceeding 35 years.
Chapter
III
Procedure for the Determination of the Status of an Object of
National Interest
Section 10. Defining Objects of
National Interest
(1) The initiator of the intended activity shall address the
Ministry of Environmental Protection and Regional Development
(hereinafter - the Ministry) with a submission for the
determination of the status of an object of national interest for
the intended activity.
(2) The submission for the intended activity shall
include:
1) an explanation of the intended activity, also specifying
the parameters of the planned structures and land parcels
(territories) on which construction of these structures is
planned;
2) the technical regulations of the State Environmental
Service or the results of the environmental impact
assessment;
3) the technical regulations for the installation of
connection, issued by the electricity transmission system
operator;
4) the timetable of the implementation of the construction
intention;
5) the information on the initiator of the intended activity
and copies of the documents which confirm the rights of ownership
or possession over the plot of land to be constructed, or a copy
of the contract according to which the right of construction on
the land owned by another person is granted;
6) a document of financial security for the wind power
plant;
7) such permission for the introduction of new production
equipment at the wind power plant the period of validity of which
is not less than three years;
8) a certification that the initiator or the group of
companies to which the initiator belongs has implemented one or
several construction or reconstruction projects of energy supply
structures with the total installed capacity of at least five
megawatts.
(3) The following may not be the applicant referred to in
Paragraph one of this Section:
1) the Russian Federation or the Republic of Belarus, its
citizens or legal persons registered in the Russian Federation or
the Republic of Belarus (hereinafter - the persons belonging to
Russia or Belarus);
2) capital companies in which the persons belonging to Russia
or Belarus have a direct or indirect decisive influence or a
qualifying holding;
3) partnerships members of which are the persons belonging to
Russia or Belarus, or such persons have a decisive influence or
qualifying holding over the members;
4) associations members of which are the persons belonging to
Russia or Belarus.
(4) The concept "qualifying holding" in this Law corresponds
to the concept of qualifying holding within the meaning of the
Financial Instrument Market Law.
(5) Prior to granting the status of an object of national
interest to the intended activity, the Constitution Protection
Bureau shall provide an opinion on whether the initiator of the
intended activity does not pose risks to national security.
(6) If the intended activities provided for in Section 3,
Clauses 1 and 4 of this Law are granted the status of an object
of national interest, the applicant and the person representing
the applicant or planning to obtain decisive influence or
qualifying holding in the applicant shall, during implementation
of the intended activities, receive a permit of the Cabinet in
the cases referred to in Section 38, Paragraph one, Clauses 1 and
2 of the National Security Law and in accordance with the
procedures laid down in Sections 40, 41, and 42 of the National
Security Law. The application for the receipt of the permit shall
be submitted to the Ministry.
Section 11. Financial Security
(1) After receipt of an opinion on conformity with the
requirements laid down in the laws and regulations regarding
national security, the initiator of the construction of wind
power plants shall submit a financial security to the Ministry to
guarantee the fulfilment of the conditions provided for in the
decision of the Cabinet referred to in Section 12, Paragraph two
of this Law. The financial security shall be the first demand
guarantee letter issued by a credit institution or an insurance
policy issued by an insurer which includes irrevocable commitment
of the insurer to disburse the insurance indemnity upon the first
request of the institution, and also incontestability of such
request.
(2) The Ministry is entitled to request indemnity of the
financial security. The Ministry shall use the received indemnity
to cover expenditures in the cases when that specified in the
decision of the Cabinet referred to in Section 12, Paragraph two
of this Law has not been fulfilled.
Section 12. Competence of the
Cabinet
(1) The Cabinet shall determine the status of an object of
national interest for the intended activity and the conditions
for using the status.
(2) When deciding on the status of an object of national
interest, the Cabinet shall determine:
1) the territory required for the functioning of the intended
activity;
2) the conditions for the commencement of energy generation
and use of territory;
3) the deadline for the completion of the construction work
and the minimum term of operation;
4) the deadline for the commencement of energy generation;
5) the conditions for the cancellation of the status of an
object of national interest;
6) the measures to be implemented for elimination or
mitigation of impact and, if necessary, the compensatory measures
in accordance with the technical regulations of the State
Environmental Service or the opinion on the report by the
Environment State Bureau.
(3) Monitoring of the fulfilment of the conditions referred to
in Paragraph two of this Section shall be implemented by and
violations shall be notified:
1) in the field of construction and energy - to the State
Construction Control Bureau (hereinafter - the Bureau);
2) in the field of environmental protection - the State
Environmental Service.
(4) The Cabinet shall determine the amount and period of
operation of the financial security, and also the procedures for
claiming, extending, and restoring the indemnity of financial
security.
Chapter
IV
Organisation of the Construction Process
Section 13. Initiation of the
Construction
(1) A person shall initiate the intended activity and submit
the information and documents required for the implementation of
the construction intention to the Bureau which shall carry out
the functions of the building authority specified in the laws and
regulations regarding construction.
(2) Construction of the structures referred to in Section 3,
Clauses 2 and 3 of this Law shall be initiated and the
information and documents required for the implementation of the
construction intention shall be submitted to the building
authority of the local government.
(3) A note on the fulfilment of designing conditions shall be
made in the construction information system within eight working
days, whereas a note on the fulfilment of the conditions for the
commencement of the construction work - within three working days
from the day when data confirming the fulfilment of all
respective conditions have been submitted in the construction
information system.
(4) The maximum term for the fulfilment of the designing
conditions included in the construction permit shall be 18
months. If the initiator of construction fails to fulfil the
abovementioned conditions within the specified term, the
construction permit shall be revoked after expiry of the
abovementioned term.
(5) The maximum term for the fulfilment of the conditions for
the commencement of the construction work indicated in the
construction permit shall be six months. If the initiator of
construction fails to fulfil the abovementioned conditions within
the specified term, the construction permit shall be revoked
after expiry of this term.
Section 14. Issue of the
Construction Permit and the Contesting or Appeal Thereof
(1) A construction permit shall be issued if:
1) the intended activity has been agreed upon with the owner
or legal possessor of the land parcel or, when determined by the
laws and regulations governing the field of energy, the owner of
the land parcel has been informed of the installation of devices,
networks, lines and their accessories;
2) documentation of the construction intention has been
developed in accordance with the requirements of the laws and
regulations of the field of construction;
3) the Cabinet has determined the status of an object of
national interest for the intended activity, whereas the
construction intention provided for in Section 3, Clauses 2 and 3
corresponds to the spatial plan of the local government, the
local plan, if any, and the detailed plan if necessary in
accordance with the laws and regulations.
(2) The contesting or appeal of the decision issued for the
construction of the structures specified in Section 3 of this Law
shall take place in accordance with the procedures laid down in
the laws and regulations governing construction. The contesting
or appeal of an administrative act favourable to the initiator of
construction concerning the construction intentions specified in
this Law shall not suspend the operation of the administrative
act.
Section 15. Compensatory Measures
for the Environment
Implementation of the compensatory measures specified in
Section 12, Paragraph two, Clause 6 of this Law shall be
commenced not later than the construction process of the object
of national interest. The costs of the compensatory measures
shall be covered by the initiator of the intended activity.
Transitional
Provisions
1. The provisions of this Law shall be applicable also in
cases when changes are made in wind power plants by increasing
the installed capacity to at least 50 megawatts and also in wind
power plants with the capacity to be installed of at least 50
megawatts for which the environmental impact assessment procedure
has been commenced if the initiator of the intended activity
requests, by submitting a report on the environmental impact
assessment, the application of the provisions of this Law for the
acceptance of the intended activity.
2. The Cabinet shall issue the regulations referred to in
Section 12, Paragraph four of this Law by 31 December 2022.
3. The Cabinet shall, once in two years, submit to the
Saeima an assessment of efficiency of the requirements
provided for in this Law and the necessity of further application
thereof, counting the term for the submission of the assessment
from the day of coming into force of this Law.
The Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 29 September
2022.
Acting for the President,
Chairperson of the Saeima I. Mūrniece
Adopted 04 October 2022
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
