ANNEX 7 Legal framework - legal regulation regarding the establishment of sanitary protection zones in Bosnia and Herzegovina (FBiH) and the Republic of Croatia LEGAL REGULATIONS Republic of Croatia • Law on Water of the Republic of Croatia (Official Gazette 66/19 in force from 18 July 2019) • Law on Water Services of the Republic of Croatia (Official Gazette 66/19 in force from 18 July 2019) Bosnia and Herzegovina • Law on Waters of FBiH (Official Gazette of the Federation of Bosnia and Herzegovina, No. 70/06) • Law on the Waters of the Una-Sana Canton (“Official Gazette of the USK” No: 4/2011) BY-LAWS Bosnia and Herzegovina • Rulebook on the Method of Determining Conditions for the Designation of Sanitary Protection Zones and Protective Measures for Water Sources for Public Water Supply of the FBiH Population (FBiH Official Gazette No. 88/12) (hereinafter referred to as the FBiH Rulebook), • Decision on the Protection of the Drinking Water Source Klokot and Privilica (“Official Gazette of the Municipality of Bihać” No: 15/2009) • Decision on Amendments to the Decision on the Protection of the Drinking Water Source for the Klokot and Privilica (“Official Gazette of the Municipality of Bihać”: 10 / 12) • Decision on the Protection of the Drinking Water Source Klokot and Pr ivilica (“Official Gazette of the City of Bihać” No: 12/19) • Republic of Croatia • Rulebook on the Conditions for Determining Sanitary Protection Zones of the Water Source of the Republic of Croatia („ Official Gazette“, number 66/11 i 47/13) (hereinafter referred to as the RH Rulebook) • Guidelines for the Implementation of the Rulebook on Safeguards and Conditions for the Determination of Sanitary Protection Zones of Drinking Water Sources. SPECIFIC REGULATIONS • International Treaty between the Government of Bosnia and Herzegovina and Government of Republic of Croatia on the Regulation of Water Management Relations o Decree on ratification of the International Treaty between the Government of Bosnia and Herzegovina and Government of Republic of Croatia on the Regulation of Water Management Relations (Official Gazette of the Republic of Bosnia and Herzegovina No. 6/1996), o International Treaty between the Government of Bosnia and Herzegovina and Government of Republic of Croatia on the Regulation of Water Management Relations Class: 325-01 / 96-01 / 02, Ur. No.: 5030114-96-6, (Zagreb, 3 October 1996). 1/7 LEGAL REGULATION - Comparison of the FBiH and RH Rulebooks on Identification of Sanitary Protection Zones of Water Sources: - The FBiH Rulebook was adopted in 2012 and is in accordance with the applicable FBiH Water Law. - The Rulebook of the Republic of Croatia was adopted in 2013 and is not harmonized with the current Law on Water of 2019. 1. Review of the Content of the Rulebook for Determining the Sanitary Protection Zone of the Water Source (FBiH Rulebook/RH Rulebook) Content FBiH Rulebook RH Rulebook I. GENERAL PROVISIONS Subject matter of the Regulation, Scope, Definitions. The subject of the rulebook. II. DETERMINATION OF Types of springs, Conditions for the establishment of sanitary SANITARY PROTECTION Sanitary protection zones of springs, protection zones, ZONES (FBIH) Determination of the boundary of sanitary protection Water survey works, zones for water sources: Study of sanitary protection zones, II. CONDITIONS FOR ✓ in aquifers of intergranular porosity, Contents of the study of sanitary protection ESTABLISHING THE ✓ in karst aquifers, zones, SANITARY PROTECTION ✓ with abstraction of water from open watercourses, Reservation of space ZONES (HR) ✓ with abstraction of water from reservoir / lake. III. ESTABLISHMENT OF SANITARY ZONES AND Protection measures in protection zones, PROTECTION MEASURES Obligations of the competent municipal authority on Draft decision on the protection of springs (FBIH) the protection of springs, Program of remediation measures within the Content of the study on the protection of springs, sanitary protection zones for existing buildings III. PROCEDURE FOR Decision on protection of springs, and existing activities. DECISION ON THE Temporary protection of springs. PROTECTION OF SPRINGS (HR) IV. TRANSITIONAL AND FINAL PROVISIONS (FBIH) Deadlines for compliance, Source classification, Termination of policy, IV. WATER SOURCE Identification of zones Entry into force CLASSIFICATION AND ZONING (HR) There is no special chapter with the subject content, Sanitary protection zones of springs with V. SANITARY PROTECTION however, the mentioned regulations are contained in abstraction of aquifers with intergranular ZONES FOR THE Art. 6 and 7 and in Annex no. 1. porosity, Purpose and scope of III zone, 2/7 GROUNDWATER WATER Prohibitions in III zone, Purpose and scope of II SOURCES (HR) zone, Prohibitions in II zones, Purpose and scope of I. zone, Prohibitions in zone I, Sanitary protection zones of springs with abstraction of water from aquifers with crack and crack-cavern porosity, Scope of IV zone, Prohibitions in IV zone, Scope of III zone, Prohibitions in III zone, Scope of II zone, Prohibitions in II zone, Purpose and scope of I. zone, Prohibitions in I. zone. Sanitary protection zones of springs with abstraction of water from reservoirs and lakes, Sanitary protection zones of reservoirs and lakes, Purpose of and scope III zone, VI. SANITARY PROTECTION There is no special chapter with the subject content, Prohibitions in III zone, Purpose of and scope II ZONES FOR THE SURFACE however, the mentioned regulations are contained in zone, Prohibitions in II zone, Purpose and WATER SOURCES (HR) Art. 8 and 9 and in Annex no. 1. scope of I zone, Prohibitions in I zone, Sanitary protection zones of springs with abstraction of water from open watercourses, Purpose and scope of I zone, Prohibitions in I zone. Measures of passive and active protection, There is no special chapter with the subject content, Microzoning, Intervention in the microzone, VII. ZONE PROTECTION however the regulations related to protection Activity in the microzone, Guidelines for the MEASURES (HR) measures are contained in Art. 10. and in Annex no. determination of sanitary protection zones, 1. Other subject content is not regulated. Existing buildings and existing activities in the sanitary protection zone Deadlines for decisions on the protection of the VIII. TRANSITIONAL AND Relevant content under number IV. springs, Failure to act within the deadlines, FINAL PROVISIONS (HR) Authorized person, Entry into force a) urbanization and construction, ANNEX 1 - List of activities b) communal activities, and the level of limitation of c) industrial activities, Relevant content defined in the Rulebook itself. their application by individual d) transport and traffic, protection zones (FBIH) e) livestock, agriculture and forestry, f) tourism and recreation. 3/7 2. Analysis and comparison of the Rulebooks on the establishment of sanitary protection zones - identification of key differences and deficiencies FBiH Rulebook RH Rulebook The provisions that are not related to Subject matter of the Rulebook - (Article 1.) Rulebook are also enumerated. (Art. 1 (2)) In addition to the stipulated provisions listed in the subject matter of the Rulebook, Scope of application additional provisions to which the Rulebook No related article applies, as well as certain derogations, are also enumerated. (Art. 2) Stipulates certain definitions of terms used Definitions of terms No related article in the Rulebook. (Art. 3) No related article. The subject regulations Conditions for the establishment of Defined conditions for the establishment of are partially contained in Art. 5, 6, 7, 8, and sanitary protection zones sanitary protection zones (Article 2). 9. Pursuant to the defined conditions for determining sanitary protection, the Water Survey Works No related article process of conducting water survey works is defined (Article 3). The obligations of the competent municipal The contracting authority for water survey Study of sanitary protection zones (HR) administration authority on the protection of works (which precede the elaboration of Obligations of the competent municipal springs in the procedure of elaboration of the study) may be a unit of regional self- authority on the protection of springs the study do not imply that they precede government in addition to the LGUs (Art. (BiH) water survey activities (Art. 11). 3). Contents of the study of sanitary - (Art. 12.) - (Art. 5.) protection zones The Rulebook establishes the possibility of Reservation of space No related article carrying out a reservation of space for sanitary protection zones (Article 6). Decision on the Protection of Springs - (Art. 13.) - (Art. 7.) Classified water sources for the purpose of determining the scope of water survey Water Source Classification No related article works and the establishment of sanitary protection zones (Art. 8). Identification of zones - (Art. 5.) - (Art. 9.) 4/7 No related article. (The RH Rulebook do Rulebook defines sanitary protection zones not have a separate article that defines Sanitary protection zones according to the types of springs (Article 5). sanitary protection zones, but they are defined for each type of source individually) Sanitary protection zones of springs For each sanitary protection zone a special with abstraction of waters from aquifers The scope of the zones as well as the article stipulates a part of the scope of that with crack and crack-cavernous criterion for determining the size of the zone, and especially prohibitions in that porosity (HR) sanitary protection zones are specified (Art. zone (IV zone-scope, IV zone-prohibition, Determining the boundaries of sanitary 7). III zone - scope, III zone-prohibition) (Art. protection zones for water sources in The prohibitions set out in Annex 1. 17- Art. 25). karst aquifers (BiH) Measures of passive and active Prohibitions and restrictions in the Prescribes which are active and which are protection (HR) protection zones, stipulated in details in passive protection measures, and in which Protection measures in protection Annex 1 as an integral part of the document/act they must be contained zones (BiH) Rulebooks. (Art. 10 + Annex 1) (Article 35). The Rulebook establishes the possibility Micro-zoning No related article and manner of conducting micro-zoning (Art. 36). The Rulebook regulates implementation of Intervention in the microzone No related article microzoning (Article 37). The Rulebook regulates the admissibility of Activity in the microzone No related article performing activities in the microzone (Article 38). The Rulebook regulates adoption of guidelines for the designation of sanitary Guidelines for the establishment of No related article protection zones as professional sanitary protection zones assistance to LGUs in the application of the Rulebook (Article 39). The Rulebook defines how to treat existing Existing buildings and existing activities No related article buildings and activities in the sanitary in the sanitary protection zone protection zone (Art. 40). The Rulebook regulates temporary protection of springs for the future supply of Temporary protection of springs drinking water and the use of mineral, No related article thermal, thermal-mineral and other groundwater sources. (Art. 14) 3. Improvement recommendations 5/7 FBiH Rulebook RH Rulebook Complement existing definitions with: Aquifer - geological environment To add definitions of terms, since this is a saturated with free groundwater (aquifer) Rulebook that mostly regulates technical Aquifer of intergranular porosity - issues and for the sake of clarity and better Definitions of terms aquifer in intergranular geological understanding it is necessary to define environment certain terms and actions that are being Karst aquifer - aquifer in crack and crack- implemented. cavernous geological environment. Regulate how sanitary protection zones are defined, and what actions precede the Conditions for the establishment of establishment of sanitary protection sanitary protection zones zones. (as an example, the definition of this issue in the RH Rulebook may be used). Define the concept and process of conducting water survey works, after Water Survey Works prescribing the actions that precede the establishment of sanitary protection zones. In the FBiH Rulebook, change the name of the article that reads “Obligations of the competent municipal authority on water Study of sanitary protection zones (HR) source protection" to "Sanitary Protection Obligations of the competent municipal Zone Study”, since it was previously authority on the protection of springs defined that preparation of a study is (BiH) under the responsibility of the competent municipal authority, the recommendation is to change the name of the article for easy understanding. To define by a special article the classification of springs and the scope of Water Source Classification water survey works and the establishment of sanitary protection zones. To regulate sanitary protection zones in Sanitary protection zones of springs such a way that for each zone there is a with abstraction of waters from aquifers special article regulating the scope of that 6/7 with crack and crack-cavernous zone, and especially prohibitions in that porosity (HR) zone (IV zone - scope, IV zone - Determining the boundaries of sanitary prohibitions, III zone - scope, III zone - protection zones for water sources in prohibitions ...). This type of regulation is karst aquifers (BiH) transparent, it defines precisely what a particular area covers and what protection measures are prescribed for that zone and that type of spring. Include microzoning in the Rulebook with: - detailed descriptions of investigative works and interventions, Micro-zoning - defining the activity and - defining measures and restrictions in the micro zone. Develop guidelines for the establishment Guidelines for the establishment of of sanitary protection zones as expert sanitary protection zones assistance to LGUs in the implementation of the Rulebook. 7/7