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Institute for Nature Conservation of Vojvodina Province, Novi Sad, Radnička 20а (hereinafter the Institute), pursuant to Articles 9 and 57 of the Law on Nature Conservation (Official Gazette of the Republic of Serbia, Nos. 36/2009, 88/2010, 91/2010 – correction, 14/2016, 95/2018 – other law, 71/2021, hereinafter the Law), in connection with Article 136 of the Law on General Administrative Procedure (Official Gazette of the Republic of Serbia, Nos. 18/2016 and 95/2018 – authentic interpretation), acting on Request No. V-35-134/10 of 20 July 2021 of the City Administration for Urban Planning and Construction, City of Novi Sad, Školska 3, 21000 Novi Sad, for the issuance of conditions for nature conservation for the development of the General Urban Plan of the City of Novi Sad until 2030, hereby issues on 18 August 2021, under number 03 No. 019-2280/2, the following
DECISION
on conditions for nature conservation for the development of the General Urban Plan of the City of Novi Sad until 2030
1. The General Urban Plan of the City of Novi Sad includes the following spatial wholenesses of importance for the preservation of biodiversity:
1) PROTECTED NATURAL RESOURCES
1.1. Protected areas
1.1.1. Fruška Gora National Park, protected under Law on National Parks (Official Gazette of the Republic of Serbia, No. 84/2015);
1.1.2. Monument of Nature “Park of the Sremska Kamenica Institute” (Official Gazette of the City of Novi Sad, No. 71/2016);
1.1.3. Monument of Nature “The Danube Park” (Official Gazette of the Republic of Serbia, No. 17/1998);
1.1.4. Monument of Nature “Futoški Park” (Official Gazette of the City of Novi Sad, No. 2018/06);
1.1.5. Monument of Nature “Kamenički Park” (Official Gazette of the City of Novi Sad, No. 54/2008); Revision of protection prepared and submitted to the competent authority. The Study was handed over for further procedure to the City Administration for Environmental Protection of the City of Novi Sad on 24 December 2014;
1.1.6. Monument of Nature “European Nettle Tree (Celtis australis L.) in the Centre of Novi Sad” (Official Gazette of the City of Novi Sad, No. 2/1995);
1.1.7. Monument of Nature “London Plane Tree (Platanus acerifolia) in Novi Sad” (Official Gazette of the City of Novi Sad, No. 2/1995);
1.1.8. Monument of Nature “American Sycamore (Platanus occidentalis L.) in Sajlovo” (Official Gazette of the City of Novi Sad, No. 2/1995);
1.1.9. Monument of Nature “Plane Tree in the schoolyard of the School “Miloš Crnjanski” (Official Gazette of the City of Novi Sad, No. 20/2002);
1.1.10. Monument of Nature “Gingko biloba L. tree near Hotel “Park” in Novi Sad” (Official Gazette of the City of Novi Sad, No. 50/2019);
1.1.11. Monument of Nature “English Oak (Quercus robur L.) on the Petrovaradin Citadel” (Official Gazette of the City of Novi Sad, No. 59/2019);
1.1.12. Monument of Nature “European Nettle Tree (Celtis australis L.) in the Miroslava Antića Street in Novi Sad” (Official Gazette of the City of Novi Sad, No. 59/2019);
1.1.13. Monument of Nature “English Yew (Taxus baccata) in the Miroslava Antića Street in Novi Sad (Official Gazette of the City of Novi Sad, No. 59/2019).
1.2. Natural resources in the process of protection:
1.2.1. Monument of Nature “European Nettle Tree (Celtis australis L.) treeline in Radnička Street”;
1.2.2. Monument of Nature “Atlas Cedar (Cedrus atlantica) tree in Novi Sad” (on the former surface area of the Public Enterprise ”Gradsko zelenilo (Greenery) nursery”);
1.2.3. Monument of Nature “European Nettle Tree (Celtis australis L.) in Vojvode Bojovića Street in Novi Sad”.
1.3. Natural resources planned for protection:
1.3.1. English Oak (Quercus robur L.) at 17, Filipa Višnjića Street in Novi Sad – Recorded natural resource;
1.3.2. Lindens group of trees (Tilia) on Petrovaradin Citadel (near the Academy);
1.3.3. Gingko biloba L. tree on Petrovaradin Citadel (near the Academy);
1.3.4. Lindens tree (Tilia cordata Mill) in the Petrovaradin Cemetery – Recorded natural resource;
1.3.5. Plane tree on Podbara (corner of Marka Miljanova and Djordja Rajkovića Streets);
1.3.6. Ash tree (Fraxinus) near the Liman Green Market;
1.3.7. Plane Tree group of trees behind the Liman Green Market;
1.3.8. Douglas Fir Tree on the City Cemetery;
1.3.9. Two English Yew trees at 1, Petra Kočića Street.
2) ECOLOGICALLY IMPORTANT AREAS OF THE SERBIAN ECOLOGICAL NETWORK
2.1. Ecologically significant area No. 14. Fruška Gora and Koviljski Rit determined in the Regulation on the Ecological Network (Official Gazette of the Republic of Serbia, No. 102/2010), including natural resources listed under point 1), Areas of international importance mentioned under point 3).
3) AREAS OF INTERNATIONAL IMPORTANCE
3.1. Area proposed for Emerald Network due to presence of species and habitats mentioned on the lists of the Law on Confirmation of the Convention on the Conservation of European Wildlife and Natural Habitats (Official Gazette of the Republic of Serbia - International Treaties, No. 102/2007), Fruška Gora with classification code RS0000007 and Koviljsko-Petrovaradinski Rit RS0000021;
3.2. Part of the Ramsar site set-aside pursuant to Regulation on Ratification of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Official Gazette of the SFRY, No. 9/1977), under the name Koviljsko-Petrovaradinski Rit;
3.3. IBA / Important Bird Area Fruška Gora with classification code RS019IBA and Koviljski Rit with classification code RS007IBA, which are set-aside under strict criteria of IBA project whose project promoter is the International organisation “Bird Life International” (potential areas in Natura 2000 network in the EU territory);
3.4. IPA / Important Plant Area under the name “Fruška Gora and Koviljsko-Petrovaradinski Rit”, set-aside by International “Plantlife” Project.
4) ECOLOGICAL CORRIDORS
4.1. International ecological corridor: The Danube, determined in the Regulation on the Ecological Network;
4.2. Regional ecological corridors: Danube-Tisa-Danube Canal, determined in the Regional Spatial Plan of AP Vojvodina (Official Gazette of AP Vojvodina, No. 22 of 14 December 2011);
4.3. Local ecological corridors marked on the graphic attachment: Streams: Mali Kamenarski Potok, Novoselski Potok, Rokov Potok, Bukovački Potok and Selište Potok, determined in the Spatial Plan of the City of Novi Sad (Official Gazette of the City of Novi Sad, No. 11/2012), Dunavac between Koviljski Rit and NSA14d (the rest of the habitat NSA14c determined in the Spatial Plan of the City of Novi Sad (Official Gazette of the City of Novi Sad, No. 11/2012)).
5) HABITATS OF PROTECTED AND STRICTLY PROTECTED WILD SPECIES OF NATIONAL IMPORTANCE:
5.1. mark: NSA05, name: “Bara kod Avijatičarskog naselja”, habitat category: riparian vegetation of water systems;
5.2. mark: NSA14d,е, name: “Novosadski Veliki Rit i Rаtno Ostrvo“, habitat category: swamps and bogs, plantations;
5.3. mark: NSA17, name: “Novosadsko Novo Groblje“, habitat category: urban parks and big gardens;
5.4. mark: NSA18, name: “Tršćaci i utrine kod Nemanovaca i Pejićevih salaša”, habitat category: swamps and bogs, riparian vegetation of water systems, trenches and small canals;
5.5. mark: NSA22а, name: “Kamenjarska Ada”, habitat category: hygrophile forests and shrubs, swamps and bogs;
5.6. mark: NSA22b, name: “Ribarsko Ostrvo”, habitat category: hygrophile forests and shrubs.
5.7. mark: NSA23, “Hornverk Gallery”, habitat category: underground corridors — anthropogenic habitat. Habitats are registered in the Institute’s database in accordance with the criteria defined in the Rulebook on declaration and protection of protected and strictly protected species of plants, animals and fungi, No. 110-00-18/2009-03 of 20 January 2010 (Official Gazette of the Republic of Serbia, Nos. 5/2010, 47/2011, 32/2016 and 98/2016);
Note: The borders of the mentioned area are enclosed to this Decision on CD, as geo-referenced data in SHP format.
Areas of importance for nature conservation in the coverage of the respective area are defined in a planning act of higher order, i.e. Spatial Plan of the City of Novi Sad (Official Gazette of the City of Novi Sad, No. 11/2012).
2. In the General Urban Plan of the City of Novi Sad until 2030 the following protection measures should be integrated:
1) All activities in the protected areas mentioned in point 1 (1) (1.1.) of this Decision, as well as in their immediate vicinity shall be performed in accordance with the Law and by-laws, and in accordance with the acts on declaration of protected areas, where conditions and measures for the prohibition and restriction of works and activities are defined;
2) All activities in the areas in the process of protection, mentioned in point 1 (1) (1.2.) of this Decision, shall be aligned with protection measures in the study for protection of the mentioned areas;
3) Reserving for protection the areas planned for protection, mentioned in point 1 (1)(1.3.) of this Decision;
4) Measures for the protection of habitats of strictly protected and protected wild species of national importance:
4.1. Natural habitats of strictly protected species NSA14d, е, NSA18, NSA22а, b:
4.1.1. The following is prohibited: Changing habitat morphological and hydrological characteristics; disposing waste and hazardous materials, bringing in invasive plant and animal species (List of species in the Explanation);
4.1.2. The following is restricted: Changing the vegetation composition structure in the habitat fringing areas, where it is possible to raise green belts and form pedestrian/recreational paths, if in accordance with the species protection requirements in the respective habitat; purpose of spatial wholenesses, to protecting greenery (or park-forest in forest habitats); planning activities for ecological education, habitat conservation, as well as spatially and time-limited recreation in accordance with the space characteristics and capacity;
4.1.3. In the northeast part of the habitat NSA05 applying protection measures mentioned in points 4.1.1. and 4.1.2, while the southern part should be arranged so as to conserve ever more green surfaces percentage, in accordance with the need for conservation/improvement of the hydrological regime of the wetland habitat and connection of the habitat with the neighbouring elements of the ecological network;
4.1.4. Obtaining special requirements and conditions for nature conservation for all activities in these areas, including activities for spatial wholeness maintaining and/or arranging.
4.2. Anthropogenic habitats of strictly protected and protected species NSA17 and NSA23:
4.2.1. Prohibiting activities which could lead to destruction of protected and strictly protected species (in all stages of development, e.g. eggs);
4.2.2. Obtaining special requirements and conditions for nature conservation for all activities in these areas which change the habitat characteristics.
5) Applying measures for the conservation and improvement of natural and nearly natural elements of ecological corridors:
5.1. General measures:
5.1.1. It is prohibited to change the purpose of surfaces under vegetation in natural and nearly natural status (meadows, pastures, reed beds, etc.) as well as clear cutting of forest belts or other types of greenery with the role of ecological corridors;
5.1.2. Providing connection of habitats of protected species:
o forest habitats (including all types of park surfaces) by raising/restoring belts of high greenery connected into a green network;
o forest and steppe habitats by raising windbreaks containing a continuous belt of grass vegetation;
o swamp habitats by conservation of open melioration channels and their bank belts;
o connecting the rest of natural habitats by intensifying urban edge effects in a single green infrastructure of multifunctional character (parks, streets and protecting greenery, habitat protection, recreation, etc.);
o improving the status of the present greenery and forming multi-floor greenery along less busy roads, connecting set-aside habitats and green urban surfaces (parks, cemeteries, recreational surfaces, etc.) with green corridors (Addendum).
5.1.3. Paving and construction of waterway/canal banks with the function of ecological corridors:
o bringing down to a minimum by applying ecologically friendly technical solutions;
o paved or concreted sections of the bank, except the docks, must contain a belt with a slope up to 45 degrees, and the structure of this belt should enable movement of animals of small and medium size, predominantly during small and medium water levels;
5.1.3 Providing canal/waterway openness with their ecological corridor role in full length (revitalisation of corridors in pipe sections); providing free flow in the pumping stations and other hydrotechnical structure zones by arranging greenery and applying planning and technical solutions in accordance with the Law;
5.1.4. Providing conservation and regular maintenance of grass vegetation of the embankments, as part of the ecological corridor enabling migration to small species of dry grass habitats;
5.1.5. Obtaining special requirements and conditions for nature conservation for applying technical solutions, which provide safe movement of animals along the ecological corridor, for the development of technical documentation during:
o waterway regulation (meander cutting, construction of embankments and coastguards, deepening riverbeds), bank paving and construction;
o construction and/or rebuilding of roads intersecting with ecological corridors;
o construction of new bridges and rebuilding old bridges.
5.1.6. Avoiding direct lighting of the banks and applying adequate technical solutions for the protection of natural and nearly natural parts of the corridors from the influence of light by applying adequate planning and technical solutions (reduced height of light bodies, orienting light beams toward roads and structures, applying a special light spectrum in sensitive areas, limiting lighting duration to the first half of the night, etc.). Choosing lighting models for direct lighting with protection from scattering of light towards the sky, i.e. towards the sensitive areas of the ecological network.
5.1.7. Most of the riverbank area of the ecological corridor section shall be intended for the special-purpose greenery with the biodiversity conservation and protection role:
o conservation of the riverbank area vegetation belt (willow and swamp vegetation) as long as possible along the waterway/canal banks;
o improving free flow of waterways/canals for wild species by conservation of the existing and planning new green surfaces (protecting greenery, public green surfaces) along the river basin land;
o at least 50 % of high greenery in the sport and recreation areas in the ecological corridor of the Danube, and 30-40 % on other surfaces;
o it is necessary to provide continuous green corridor 20-50 m wide in the flooding Danube area. Continuity of the grass and forest vegetation corridors shall be provided by forming treelines and arranged green surfaces with shrub species along the open and/or constructed part of the space (event space, bathing area, sport grounds), through introducing the obligation of arranging and maintaining green surfaces in the rules for arrangement of land lots for all users, as well as improving embankment vegetation status;
o providing in planning documents for the Danube sections, where construction land extends to a length of more than 500 m, beside the envisaged capacity of continuous green belt 20-50 m wide, also blocks od protecting greenery at every 200-500 m of the bank length. Minimum surface of these blocks of protecting greenery shall be 0.1 ha, while the minimum block width shall be 20 m;
5.1.8 Land on the banks of canals/waterways shall have grass vegetation in the width of minimum 4 m, and optimally 8 m at local corridors, while at regional corridors the width shall be at least 10 m, and optimally 20 m (in case of the belt of coastal land narrower than the mentioned values, grass belt till the border of river basin land shall be provided). It is prohibited to usurp coastal land of the corridor by ploughing, construction of facilities, etc.
5.1.9. Providing free flow of ecological corridors in work zones by introducing mandatory protecting greenery, and as applicable by applying special technical solutions, in accordance with the purpose of individual spatial wholenesses;
5.2. Special measures for preserving functionality and free flow of corridors:
5.2.1. Preventing, during construction and functioning of structures, whose purpose is directly connected to water and/or banks, spreading of consequences of possible accidents of fuel and oil spills into the ecological corridor, by placing curtain booms on adequate sites. Fuel and oil spilled on the water surface as well as other pollutants must be collected as soon as possible (e.g. using Cansorb). For the protection of the neighbouring ecosystems against the consequences of possible dispersion of fuel on water surfaces, providing adequate chemical and physical measures (e.g. use of agent BioVersal for accelerating degradation of oil derivatives) and biological remedial treatment (according to special requirements and conditions of the Institute);
5.2.2. Prohibiting storage of hazardous materials (fuel tanks, etc.) in the parts of flooding areas of waterways/canals under the influence of ground or flooding waters. Waste management in the ecological corridor area shall be performed in accordance with the Law on Waste Management (Official Gazette of the Republic of Serbia, Nos. 36/2009, 88/2010, 14/2016 and 95/2018 – other law) and other applicable regulations;
5.2.3. Applying in the water management structure zones technical solutions for ensuring continuous grass vegetation belt along the bank and free flow of the terrain for small animals with low mobility;
5.2.4. Isolating and marking overhead power lines and electrical energy infrastructure so as to ensure minimum risk of electrocution (injury due to electric shock) and collision (mechanical impact on the wires) of flying organisms; insulator carriers should be isolated with plastic coverings and placed on the carriers in a downward position, and the wires marked in a conspicuous manner;
5.2.5. Planned raising of green belts along the current and planned I Category State Roads included in the Plan, shall be carried out in accordance with the landscape characteristics of the area:
o it is not permitted to create a forest belt along the road sections which is attractive for animal species and would lead to an increase of mortality of their populations;
o it is not permitted to raise high greenery in grass habitats of protected and strictly protected species;
5.2.6. Due to ecological importance of the space, green plans shall be integral part of the planning and project documentation. Green plans shall be implemented parallelly with the building construction:
o it is prohibited to plant invasive species (List of species is found in the Explanation) in the ecological corridor area, while during arrangement of green surfaces the present self-seeding plants of invasive species shall be removed;
o providing as high a percentage as possible (minimum 50 %) of autochthonous species of flooding areas (poplar, willow, Pannonian ash, elm, English oak, etc.) and enrich the greenery with shrub species of flooding areas;
5.2.7. Providing during subdivision of land continuity of banks with vegetation, in natural or nearly natural status, in the width of 20-50 m from the line of the medium water level, i.e. in the width of 10 m when it comes to high banks. This bank belt, beside its role of key habitat and ecological corridor, may include a pedestrian path;
5.2.8. Preserving low level of construction also by prescribing greening rules, keeping connection of the Fruška Gora National Park with the Danube corridor in the vacation home zone near Ledinci, as well as between the vacation home zone and the corridor of Mali Kamenački Potok (green corridor in the graphic attachment), with a special focus on the types of forest habitats;
5.2.9. Planning measures for adaptation to climate change (conserving green surfaces on the slopes of Mt. Fruška Gora for the protection against erosion, reserving space for the flow of torrential waters; solving the issue of increased frequency and flooding level in the flooding areas), in accordance with the needs for the improvement of the habitat, green and ecological corridor status;
5.2.10. Arrangement of croft and space around non-housing structures by defining greening rules and the distance of the structure from the bank, as well as defining types of fences along the bank (prohibiting construction of fences impassable for small animals, by applying ecologically friendly elements with openings bigger than 10 cm); ensuring free flow of the canal and waterway banks for small animals. During legalisation, adjustment of the current fences to the ecological corridor functions shall be required (moving fences or changing parts of fences at boundary points of neighbouring plots of land towards the river bank).
6) Urban contents shall be arranged according to the principles of zoning defining minimum distance of the buildings from ecological corridors and purpose of space inside the zones with direct influence on the corridor:
6.1. Providing through zoning of contents along waterways and canals representing ecological corridors the biggest possible distance of the planned buildings from the river basin land;
6.2. Prohibiting outside housing zones, at a distance smaller than 50 m from the line of medium water level of the waterway, construction of buildings whose purpose is not directly connected with the waterway bank with the function of an ecological corridor;
6.3. In housing zones, minimum distance of the planned structures which need paving and/or lighting shall be 20 m and optimum 50 m from the banks of ecological corridors;
6.4. Along the bank section planned for sport and recreational activities, structures connected with water activities can be found (e.g. boat mooring or prefabricated and removable piers) in such a manner so as not to interrupt the continuity of the corridor; and in the area of multi-floor greenery, planning of structures which do not need artificial surface and lighting (e.g. trim tracks, children playgrounds, arranged green surfaces).
7) Measures for the protection of zones of ecological corridors and habitats of strictly protected and protected species of national importance (except habitat NSA2З):
7.1. In the 500 m belt from ecological corridor/habitat:
7.1.1. Prohibiting planning solutions which impair the characteristics of hydrological regime on which corridor functionality and survival of species and habitat types depend.
7.2. In the 200 m belt from ecological corridor/habitat:
7.2.1. The requirement and condition for the construction of underground storage structures is that their bottom is found above the level of the maximum level of ground water, along with the application of construction and technical solutions providing prevention of pollutant emission in the environment;
7.2.2. Planning solutions shall provide the following:
o applying protection measures for the corridors/habitats against the impact of lighting, noise and pollution;
o defining special greening rules with a prohibition of use if invasive species (the List of most frequent invasive species of the Pannonian biogeographic region is found in the Explanation);
o by defining subdivision and construction rules as well as setting aside /improving green surfaces, mitigate negative impact of increasing population density of blocks found inside the zone of immediate impact (50-200 m from the river basin land) on waterways/canals which function as ecological corridors.
7.3. In the 50 m belt from the ecological corridor or habitat:
7.3.1. The following shall be prohibited:
o applying technical solutions forming reflecting surface (e.g. glass, metal) oriented toward the corridor or important habitat;
7.3.2. The following measures shall be applied:
o preserving free flow of ecological corridor of surface water: through prohibition of fencing the belt along the bank or by applying types of fences which enable passage of small animals;
o providing continuity of green buffer belt between the area of human activities and corridor/habitat 10 m wide with current structures and 20 m wide with planned structures, in accordance with the corridor/habitat vegetation type. This belt shall be graphically presented in planning and project documentation;
o structures which need paving and/or lighting shall be located at 20 m distance from the corridor/habitat border.
7.4. Condition for construction of:
o artificial surfaces (parking lot, sport grounds, etc.) is that on the land lot there is an arranged green surface with a function to maintain the continuity of the corridor green belt or habitat buffer zone;
o roads with hard surface for motor vehicles, is the application of technical measures providing safe passage for small animals and reducing impact of lighting, noise and pollution on the corridor/habitat.
8) Greening concept within the Plan borders:
8.1. Establishing connected system of public greenery, which contributes to the improvement of the ecological corridor and habitat status (connection directions are marked in the Addendum); increasing the percentage of green surfaces, number and variety of the existing categories of public greenery; and maintaining it in a nearly natural status;
8.2. The share of autochthonous wooden species should be minimum 20 % and optimum 50 %, while the application of coniferous species (maximum 20 %) should be limited only on intensively maintained green surfaces with emphasised aesthetic purpose;
8.3. Preserving green surfaces in apartment blocks, in the zone of family (individual) and multi-family housing and apartment blocks as predominant purpose, and connecting them into a wholeness;
8.4. When greening building complexes, blocks and sites are intended for production, business purposes and services, forming multi-floor greenery with ever bigger percent of autochthonous species, and using exotic plants for which it has been confirmed that they adapt well to the given conditions of the environment, but are not in the category of invasive species, in order to protect the environment against spreading the effects of pollution;
8.5. In case of greening the belt along roads with heavy traffic, forming and maintaining a dense green belt with air pollution resistant species, with expressed sanitation function, medium and high noise reduction effect, in combination with shrubs, and evenly covering parking lots with high deciduous trees;
8.6. Avoiding the application of invasive species during the arrangement of green surfaces and raising protecting greenery (List of species in the Explanation).
9) Aligning arrangement of space with operational objectives of the conservation of natural values of the Spatial Plan of the Special Purpose Area of the International Waterway E80 — Danube (Pan-European Corridor VII) (Official Gazette of the Republic of Serbia, No. 14/2015);
9.1. Vegetation in the riverbank area as well as in foreland along the embankments needs to be maintained in natural or nearly natural status, for the protection against flood waves;
9.2. Development of open sport and recreational surfaces, marines, piers and installation of temporary floating structures on the river basin land for tourist purposes (without structures obstructing development of the water protection systems and implementation of defence measures) shall be aligned with the protection of biodiversity and environmental protection;
9.3. Exploitation of river drift stock can be performed on sites and in the volume which will not impair the water regime, stability of banks and natural balance of aquatic and coastal ecosystems. Exploitation of river drift stock shall be prohibited:
· on the section of the Danube waterway where water regime disturbance could be caused;
· where stability of the riverbed or river basin land has been disturbed;
· where good ecological status has been impaired.
9.5. It is necessary to ensure ecological protection of water and riverbank areas.
9.6. Borders and purpose of the river basin land shall not be changed without special approval of the competent Ministry, water management enterprise and responsible institute for nature conservation;
10) Found geological and paleontological documents (fossils, minerals, crystals, etc.), which could present a protected natural value, the finder shall report to the competent Ministry within eight days from the day of discovery, and undertake protection measures against their destruction, damaging or robbery.
3. The applicant shall perform works and activities in full compliance with the issued conditions referred to in points 1 and 2 of this Decision. For all works and activities which are not included in the submitted planning documents, special conditions need to be requested from this Institute.
4. If the applicant does not commence within two years from the date of submission of the act, works and activities, for which the act on the conditions for nature conservation has been issued, it shall obtain a new act. Furthermore, if there are changes in the activities mentioned in the request, or changes as regards the site/area, as well as further stages/years of research, the action promoter shall submit to the Institute for Nature Conservation of Vojvodina Province a new request for the issuance of the act on the conditions for nature conservation.
5. This Decision does not relieve the applicant of obligation to obtain other conditions, permits and approvals envisaged in positive regulations as well.
6. The Applicant is free of payment of the fee for the issuance of this Decision in accordance with Article 4 (1)(1) of the Rulebook on the amount and method of calculating and collecting fees for the issuance of acts on conditions for nature conservation (Official Gazette of the Republic of Serbia, No. 110/2013).
Explanation
Institute for Nature Conservation of Vojvodina Province received on 23 July 2021 the Request recorded under No. 019-2280/2 of the City Administration for Urban Planning and Construction, City of Novi Sad, Školska 3. 21000 Novi Sad, which turned to the Institute for Nature Conservation of Vojvodina Province with Request No. V-35-134/10 for the issuance of conditions for nature conservation for the development of the General Urban Plan of the City of Novi Sad until 2030. Having insight into the Provincial Register of protected natural resources kept by this Institute, it has been established that in the Plan area there are 13 Protected areas, 3 Areas in the process of protection and 9 Areas planned for protection. The General Urban Plan also includes 7 habitats of protected and strictly protected wild species of national importance, the international Danube ecological corridor, regional ecological corridor DTD and several local ecological corridors, as well as areas of international importance (IBA, IPA, Ramsar sites and EMERALD Network). The areas are listed in the enacting terms of this Decision.
Pursuant to provisions of Article 35 of the Law on Nature Conservation, in protected areas, regimes of protection of first, second and third degree shall be established, and within these regimes adequate prohibitions and limitations. According to the same Article, in a national park, works and activities, otherwise limited, can be prohibited. The Plan Developer shall incorporate protection measures for protected areas pursuant to acts on conservation. In the areas in the process of protection, it is necessary to incorporate protection measures from studies for protection.
Article 15 of the Law on Nature Conservation (Official Gazette of the Republic of Serbia, Nos. 36/09, 88/10, 91/10 — correction, 14/2016, 95/2018 and 71/2021), the protection of species shall be “achieved through implementation of measures and activities for the conservation of species, their populations and habitats, ecosystems and corridors which connect them“; and in accordance with Article 16, the protection of habitats shall be performed “through the implementation of measures and activities for the protection and conservation of nature, sustainable use of natural resources and protected natural resources, spatial planning and arrangement.” Pursuant to Articles 4, 36, 71 and 72, wild species which are endangered or may become endangered, and which are of special importance from a genetic, ecological, ecosystem, scientific, healthcare, economic and other view, shall be protected as strictly protected wild species or protected wild species. Favourable status of wild species shall be ensured through the protection of their habitats and protection measures for certain species, and the conservation of wild species and their habitats is an integral part of measures and conditions for nature conservation under Article 9 of the Law. Pursuant to Article 7 of the Rulebook on declaration and protection of protected and strictly protected species of plants, animals and fungi (Official Gazette of the Republic of Serbia, Nos. 5/2010, 47/2011, 32/2016 and 98/2016), protection and conservation of strictly protected and protected wild species shall be implemented through undertaking measures and activities for population management, among which habitat protection comes first. After envisaged review of the protected natural resources and their alignment with the law, a certain number of habitats of protected and strictly protected species of national importance will be included in certain nature conservation areas or will become a part of the Ecological Network of the Republic of Serbia (with the roles of corridors or buffer zones or areas protected as priority habitats in Serbia or Europe, depending on the evaluation results).
Pursuant to Article 4 of the Law “an ecological corridor is an ecological pathway and/or connection enabling movement of populations and flow of genes between protected areas and ecologically important areas from one site to another, and forming a part of the ecological network”. The Regulation on the Ecological Network (Official Gazette of the Republic of Serbia, No. 102/2010) determines ecologically important areas and ecological corridors of international importance; also, in the respective area, protection measures mentioned in Appendix 3 of the Regulation are applied. Ecological network protection measures relate to legal and natural persons using natural values and performing activities and work. In the protection zones of ecologically important areas and corridors it is necessary to eliminate or mitigate adverse impacts on wildlife, which is achieved through zonal arrangement of urban and rural contents and application of adequate technical and technological and other solutions. Article 9 of the Regulation prescribes that the spatial and urban plans, programmes and basis for the use of natural resources shall be aligned with the plans for the management of parts of ecological networks and this Regulation.
Planning and applying measures of adaptation to climate change (conservation of greenery on erodible slopes of Mt. Fruška Gora; reserving space for the movement of torrential waters; reserving space for flood waters along the Danube, thus increasing the level of protection in case of increased frequency of floods) shall be aligned with the needs for the improvement of the ecological corridor status, in accordance with the integral management and resource protection principles.
The remaining parts of meadow and wetland habitats in depressions of neglected Danube riverbeds, frequently containing extraction sites filled with ground waters (NSA05, NSA14, NSA17, NSA18), represent an important mosaic of natural, modified and anthropogenic habitat types. These areas are refuge habitats for species whose habitats disappeared with the Danube regulation and destruction of a wide flooding area along the left river bank. This habitat group along the west, north and southeast borders of Novi Sad forms a very important, discontinuous ecological corridor around the urban complex (Novi Sad construction area), like an ecological bypass around the city. This discontinuous corridor enables movement (providing food and rest during migrations) to mobile wild species along the international ecological corridor of the Danube, avoiding urbanized surfaces on the river banks. Their connection into a multifunctional green infrastructure is a prerequisite for the conservation of biodiversity of the space, and can expand citizens’ opportunities for ecological education and recreation.
Functionality of waterways and canals as ecological corridors requires conservation of the existing and revitalisation of the destroyed belts of wooden, grass and swamp vegetation of riverbeds and coastal belt. Due to development of settlements at the edge of the National Park, as well as arrangement of the Danube bank belt, certain sections of the indicated corridors are more or less degraded, which requires their revitalisation in the future, in accordance with the requirements of good ecological status of surface waters, defined in the Water Directive, and the need for the conservation of water resources in accordance with the Water Law (Official Gazette of the Republic of Serbia, Nos. 30/2010, 93/2012, 101/2016, 95/2018 and 95/2018 – other law). A prerequisite for stream revitalisation as ecological corridors and habitats, is preventing the construction of structures in their immediate vicinity and conserving already existing meadows and forest surfaces along the river basin land. The constructed parts of the waterway and canal banks with the role of ecological corridors reduce the free flow of corridors an are an obstacle for certain species. Unfavourable impact of constructed bank sections heavily depends on the applied technical solutions (type of embankment, lighting, traffic infrastructure, greenery percentage), as well as the length of the modified section.
Light radiation sources endanger the population of night animals, since they work as light traps and have a stressful effect on the fauna in the road vicinity. In accordance with Article 80 of the Law, roads, hydrodevelopment and other facilities, whose construction cuts the usual corridors of migration of wild fauna, “...shall be constructed in such a manner so as to reduce the adverse effects...”., while Article 81 of the Law prohibits the use of strong light sources (advertising rotating spotlights, lasers, etc.) pointed to the sky, unless they are used for air traffic safety and control purposes”.
Article 5 (7) of the Law expresses the principle of direct application of international laws with which “state authorities and authorities of the autonomous province and authorities of local self-government units, organisations and institutions, as well as other legal persons, entrepreneurs and natural persons, when performing their tasks and duties, directly apply generally accepted rules of international law and confirmed international treaties as integral part of the legal system.”
Pursuant to the Law on Confirmation of the Convention on the Conservation of European Wildlife and Natural Habitats (Official Gazette of the Republic of Serbia - International Treaties, No. 102/2007 of 7 November 2007) there is an obligation of paying special attention in the planning and development policies to the protection of areas of importance for migratory species mentioned in Appendix II and Appendix III (Article 4). On the Lists of this Convention there are a number of species living in the Danube flooding area or whose life cycle includes seasonal migrations of the river flooding area. Beside a significant number of bird species, on the Lists of the Convention there are mammals, such as: woodland hedgehogs (Erinaceus roumanicus), shrews (Soricidae), especially water shrew (Neomys fodiens) and Mediterranean water shrew (Neomys anornalus), European mole (Таlpa europaea), wildcat (Felis silvestris) and Euroasian otter (Lutra lutra) as well as all bat species. Of amphibians found on the Lists of this Convention, we would like to point to the following species smooth newt (Lissotriton vulgaris), Northern crested newt (Triturus cristatus), Danube crested newt (Triturus dobrogicus), European fire-bellied toad (Bombina bombina), common toad (Bufo bufo), European green toad (Pseudepidalea viridis), European tree frog (Hyla arborea), common spadefoot toad (Pelobates fuscus), agile frog (Rana dalmatina). Reptiles: European pond turtle (Emys orbicularis), sand lizard (Lacerta agilis), European green lizard (Lacerta viridis), common wall lizard (Podarcis muralis), smooth snake (Coronella austriaca), Aesculapian snake (Zamenis longissimus), grass sanke (Natrix natrix), dice snake (Natrix tessellata).
Law on the Confirmation of the Convention on Biological Diversity (Official Gazette of the SRY – International Treaties, No. 11/2001) in Article 8 points to the need of regulation and management of biological resources of importance for the conservation of biological diversity inside or outside the protected areas, with the aim of their conservation and sustainable use. In accordance with the Convention, there is an obligation to prevent spreading of invasive species ”endangering natural ecosystems, habitats or (autochthonous) species”, or, if applicable, undertake measures to destroy their populations. Their spontaneous spreading not only endangers natural vegetation, but considerably increases the costs of green surface maintenance. In the are of Pannonian region, invasive behaviour of the following plant species has been proved: common milkweed (Asclepias syriaca), boxelder maple (Acer negundo), tree of heaven (Ailanthus altissima), false indigo bush (Arnorpha fruticosa), hackberry (Celtis occidentalis), Russian olive (Elaeagnus angustifolia), green ash (Fraxinus pennsylvanica), honey locust (Gledichia triacanthos), matrimony vine (Lycium barbarurn), Virginia creeper (Parthenocissus quinquefolia), black cherry (Prunus serotina), Japanese knotweed (Reynoutria syn. Fallopia japonica), black locust (Robinia pseudoacacia), Siberian elm (Ulmus pumila).
It is necessary to raise high protecting greenery around settlements towards the farming surfaces in order to prevent the pollution of settlements from Eolian erosion and pesticide particles from the spray sites. Green islands enable survivor of endangered species, among which are protected species of birds of pray, mammals, certain amphibians and reptiles, while green belts have the role of sanctuaries for hunting game and provide nesting to singing birds feeding on agricultural surfaces.
Protection of biodiversity of settlements is based on creation and maintenance of public green surfaces. Forming green surface systems in settlements greatly contributes to the connection of natural environment with the urban space; also, green surfaces spatially delimit functions that may adversely affect each other. Huge paved and/or concreted surfaces in the construction area, as well as the very structures strengthen the effect of unfavourable climate characteristics of the environment (low values of air humidity, increased albedo of ploughed surfaces, presence of dust in the air, etc.). Increase in the building parcel occupation index in the Plan area reduces the percent of the existing public greenery, resulting in deterioration of air quality; while additional greening improves the air quality, reduces summer temperatures due to plant ability to absorb and reflect sunlight, prevent soil erosion caused by rain and wind and quick atmospheric precipitation run-off, reduces traffic noise. In local climate conditions, deciduous trees significantly contribute to the improvement of air quality and climate characteristics of urban surfaces.
Article 18 of the Law lays down that “...Conservation of biological and landscape diversity of habitats within an agroecosystem and other non-autonomous and semi-autonomous ecosystems shall be implemented primarily through conservation and protection of riparian habitats, hedges, boundaries, individual trees, groups of trees, ponds and meadow belts as well as other ecosystems with conserved or partially changed wooden, shrub, meadow or swamp vegetation.”
In the Regulation on determining the Spatial Plan of the Special Purpose Area of the International Waterway E80 — Danube (Pan-European Corridor VII) (Official Gazette of the Republic of Serbia, No. 14/2015), as immediate goal of the development of the Spatial Plan, contribution to the regulation, development and protection of the Danube, as primarily navigation corridor, but also water, ecological, cultural and tourism corridor ,is mentioned. The Spatial Plan considers and evaluates potentials, limitations and manner of resolving conflicts in the spatial development of Corridor VII, especially from aspects of influence of the Danube waterway, water management, transport, tourism, mining, energy, industry, etc., on sustainable use of natural and created resources. The Plan observes the principles prescribed by the Law on the Confirmation of the Convention on Cooperation for the Protection and Sustainable use of the Danube River (Official Gazette of the SRY — International Treaties, No. 2/03). In particular, the importance of planning activities and measures undertaken for reducing transboundary impact is emphasised, namely: discharge of waste water, nutrients and hazardous substances, regulation works for the control regimes of surface (water courses) and ground waters and flood protection, planned use of hydroenergy, control and reduction of adverse effects of the existing hydrotechnical facilities (accumulations, hydropower plants, etc.) on the environment, hydrologic conditions and ecosystems, etc. In this context the following tasks of importance for planning spatial development and regulation of the Danube basin and Corridor VII are emphasised: determining sources of ground waters, their protection zones and measures for the prevention and reduction of pollution with nutrients, agrochemicals and other hazardous substances; assessment of the impact of planned activities on the water quality; evaluation of the significance of different elements of a biotope for the river ecosystem and determining measures for the improvement of ecological conditions in water ecosystems, etc. The Spatial Plan includes Kamenički Park in the coverage of the respective General Urban Plan. The Plan also observes the habitats of strictly protected and protected species along with the conservation of their habitats, as well as geoheritage objects. General goals of the protection of natural values are as follows: conservation and improvement of natural values in the area included by the Spatial Plan, i.e. biological diversity, integrity, beauty and diversity of landscapes, objects and phenomena of geoheritage at the national, regional and local levels; defining measures for the protection of natural values as a contribution to the protection of the European and World natural heritage, based on the obligations accepted by the Republic of Serbia with the ratification of international treaties relating to nature conservation, use and protection of the Danube River, by joining relevant international programmes and strategic preference for EU integration; providing sustainable use of natural resources and space minimizing adverse impacts and damage and application of compensation measures.
Parts of geological and paleontological heritage as well as biological documents are of exceptional scientific, educational and cultural significance, and can be protected as movable protected natural documents. Movable protected natural documents can be the following: all copies of holotypes, syntypes and genotypes of fossils as well as type species of fossils, all individual minerals and/or crystals and mineral druse on the site, all holotypes and syntypes of fossils, type species of fossils of individual minerals and crystals, mycological, botanical and zoological collections, as well as individual conserved preparations of organic types, their holotypes and syntypes. It is prohibited to collect and/or destroy movable natural documents as well as destroy or damage their sites (for the construction of facilities). Article 23 of the Law stipulates as follows: “Protection of geological diversity when using and arranging space shall be achieved by implementing measures for the conservation of nature, geological and paleontological documents as well as objects of geoheritage...”; while pursuant to Article 37 of the Law, it is prohibited to “..collect and/or destroy movable natural documents and destroy or damage their sites.”
Conditions prescribed under points 1-6 are determined in accordance with Article 21 of the Law on Environmental Protection (Official Gazette of the Republic of Serbia, Nos. 135/04, 36/09 – other law, 72/09 – other law, 43/11 – Decision of the Constitutional Court, 14/16, 76/18 and 95/18- other law); defining the principle of integrated nature conservation and environmental protection: “Protection of natural values shall be realised through the implementation of measures for preservation of the quality, quantities and reserves thereof, as well as of the natural processes, i.e. their interdependence and natural balance in general.” Conservation of natural processes and protection of natural values in anthropogenic landscapes requires the same measures which are a prerequisite for creating a healthy environment, while the right to healthy environment is determined in the Constitution of the Republic of Serbia.
Conditions in this Decision are defined in accordance with Article 7 (3)(4)(5) and (7) of the Law according to which nature conservation is realised “...through the implementation of measures for nature and landscape conservation; determining conditions and measures for the conservation of nature and protected natural resources and landscapes in spatial and urban plans, project documentation, basis and programmes... influencing the nature...as well as mitigating adverse effects from activities in nature”.
Article 8 of the Law defines planning, arrangement and use of space. Spatial planning and arrangement shall be implemented pursuant to spatial and urban plans, planning and project documentation, in accordance with the measures and conditions for nature conservation. The project promoter shall act in accordance with the nature conservation measures in the manner so as to avoid or minimise nature endangerment or damage. According to Article 9, in the development procedure of plans, projects and activities referred to in Article 8 of the Law, conditions for the nature conservation shall be obtained. Act on the conditions for nature conservation, inter alia, contains an assessment if the planned works and activities can be realised from the nature conservation point of view.
Legal basis for the Decision adoption:
Law on Nature Conservation (Official Gazette of the Republic of Serbia, Nos. 36/2009, 88/2010, 91/2010 – correction 14/2016, 95/2018 – other law, 71/2021); Law on Environmental Protection (Official Gazette of the Republic of Serbia, Nos. 135/04, 36/09, 36/09 – other law, 72/09 – other law, 43/11 – Decision of the Constitutional Court, 14/16, 76/18 and 95/18); Law on the Confirmation of the Convention on Biological Diversity (Official Gazette of the SRY – International Treaties, No. 11/2001); Law on Confirmation of the Convention on the Conservation of European Wildlife and Natural Habitats (Official Gazette of the Republic of Serbia - International Treaties”, No. 102/2007); Law on Planning and Construction (Official Gazette of the Republic of Serbia, Nos. 72/2009, 81/2009 - correction 64/2010 Decision of Constitutional Court (CC), 24/2011, 121/2012, 42/2013 – Decision of CC, 50/2013 - Decision of CC, 98/2013 Decision of CC, 132/2014, 145/2014, 83/2018, 31/2019, 37/2019 – other law and 9/2020); Water Law (Official Gazette of the Republic of Serbia, Nos. 30/2010, 93/2012, 101/2016, 95/2018 and 95/2018 – other law); Law on Agricultural Land (Official Gazette of the Republic of Serbia, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law); Law on Waste Management (Official Gazette of the Republic of Serbia, Nos. 36/2009, 88/2010, 14/2016 and 95/2018 – other law); Law on Air Protection (Official Gazette of the Republic of Serbia, Nos. 36/2009 and 10/2013); Regulation on Ratification of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Official Gazette of the SFRY, No. 9/1977); Regulation on the Ecological Network (Official Gazette of the Republic of Serbia, No. 102/2010), Regulation on Noise Indicators (Official Gazette of the Republic of Serbia, No. 75/2010); Regulation on determining the Spatial Plan of the Special Purpose Area of the International Waterway E80 — Danube (Pan-European Corridor VII) (Official Gazette of the Republic of Serbia, No. 14/2015); Regulation on the protection of the Monument of Nature “The Danube Park” (Official Gazette of the Republic of Serbia, No. 17/98); Rulebook on declaration and protection of protected and strictly protected species of plants, animals and fungi (Official Gazette of the Republic of Serbia, Nos. 5/2010, 47/2011, 32/2016 and 98/2016); Rulebook on the list of activities which may be the cause of soil pollution and degradation, procedure, data content, time limits and other requirements for soil monitoring (Official Gazette of the Republic of Serbia, No. 102/2020); Decision of the Novi Sad City Assembly on the protection of Monument of Nature “Park of the Sremska Kamenica Institute” (Official Gazette of the City of Novi Sad, No. 71/2016); Decision of the Novi Sad City Assembly on the protection of Monument of Nature “Futoški Park” (Official Gazette of the City of Novi Sad, No. 1 8/06); Decision of the Novi Sad City Assembly on the protection of Monument of Nature “Kamenički Park” (Official Gazette of the City of Novi Sad, No. 54/08); Decision of the Novi Sad City Assembly on protection of Monument of Nature “European Nettle Tree (Celtis australis L.) in the Centre of Novi Sad” (Official Gazette of the City of Novi Sad, No. 2/95); Decision of the Novi Sad City Assembly in protection of Monument of Nature “London Plane Tree (Platanus acerifolia) in Novi Sad” (Official Gazette of the City of Novi Sad, No. 2/95), Decision of the Novi Sad City Assembly on protection Monument of Nature “American Sycamore (Platanus occidentalis L.) in Sajlovo” (Official Gazette of the City of Novi Sad, No. 2/95); Decision of the Novi Sad City Assembly in protection of Monument of Nature “Plane Tree in the schoolyard of the School “Miloš Crnjanski” (Official Gazette of the City of Novi Sad, No. 20/02); Decision of the Novi Sad City Assembly on protection of Monument of Nature “Gingko biloba L. tree near Hotel “Park” in Novi Sad” (Official Gazette of the City of Novi Sad, No. 50/2019), Decision of the Novi Sad City Assembly in protection of Monument of Nature “English oak (Quercus robur L.) on the Petrovaradin Citadel” (Official Gazette of the City of Novi Sad, No. 59/2019), Decision of the Novi Sad City Assembly on protection of “European Nettle Tree (Celtis australis L.) in Miroslava Antića Street in Novi Sad” (Official Gazette of the City of Novi Sad, No. 59/2019), Spatial Plan of the Fruška Gora Special-purpose Area (Official Gazette of AP Vojvodina, No. 8/2019), Spatial Plan of the Special-purpose Area Special Nature Reserve, ”Koviljsko-Petrovaradinski Rit“ (Official Gazette of AP Vojvodina, No. 3/2012), Spatial Plan of the City of Novi Sad (Official Gazette of the City of Novi Sad, No. 11/2012).
The respective activities can be performed under the conditions defined in this Decision since it has been assessed that they will not significantly impact the natural values of the area.
On the basis of the abovementioned, it has been decided as in the enacting terms of this Decision.
The applicant is released from paying the fee in accordance with Article 18 of the Law on Republic Administrative Fees (Official Gazette of the Republic of Serbia, Nos. 43/2003, 51/2003-correction, 61/2005, 101/2005-other law, 5/2009, 54/2009, 50/2011, 93/2012, 65/2013-other law, 83/2015, 112/2015, 113/2017, 3/2018-correction, 95/2018, 86/2019, 90/2019-correction, 98/2020- adjusted RSD amounts 144/2020 and 62/2021)
Instruction of legal remedy: Against this Decision, an appeal may be filed to the Provincial Secretariat for Urban Planning and Environmental Protection within 15 days from the date of receipt of the Decision, with the evidence on payment of the Republic administrative fee in the amount of RSD 490.00 to the current account No. 840-742221843-57, ref. No. 11223 model 97. The appeal shall be submitted in writing or orally for the record to the Provincial Institute for Nature Conservation.
ATTACHMENT: Graphic attachment in analogue form and CD with borders in SHP format.
Acting DIRECTOR
/s/ Nataša Sarić
Delivered to:
- Title,
- Provincial Secretariat for Urban Planning and
Environmental Protection – Inspection Service
Bulevar Mihajla Pupina 16, 21000 Novi Sad
- Ministry of Environmental Protection, Sector for
Environmental Protection and Climate Change
Bulevar Mihajla Pupina 2, 11070 Belgrade
- Archives,
- Documentation