AN ACT PROVIDING FOR THE FACILITATION OF STRATEGIC DEVELOPMENT PROJECTS
Article
1. Short title.
CLASSIFICATION OF ARTICLES
PART I
INTRODUCTORY PROVISIONS
2. Interpretation.
3. Principles governing strategic development project licensing procedures.
4. Competent institutions for handling and processing applications.
PART II
POWERS AND POWERS OF THE MINISTER
5. Competencies and powers of the Minister.
PART III
PROCEDURE FOR CHARACTERIZING DEVELOPMENT AS A STRATEGIC DEVELOPMENT PROJECT
CHAPTER I
SUBMIT A DEVELOPMENT FEATURE REQUEST
AS A STRATEGIC DEVELOPMENT PROJECT
6. Application for development designation as a strategic development project and management fee.
7. Eligible persons.
CHAPTER II
EXAMINATION OF REQUEST FOR DEVELOPMENT CHARACTERIZATION
AS A STRATEGIC DEVELOPMENT PROJECT
8. Evaluation criteria for a development designation application as a strategic development project.
9. Establishment of a Strategic Development Sector.
10. Development characterization process as a strategic development project.
11. Licensing list of strategic development project.
PART IV
STRATEGIC DEVELOPMENT PROJECT LICENSING PROCEDURE
CHAPTER I
LICENSE APPLICATION AND EXAMINATION DEADLINES
FROM ADMINISTRATIVE AUTHORITIES
12. General Licensing Provisions.
13. Deadlines for examining the license application.
14. Obligations of applicant.
15. Declassification of strategic development project.
CHAPTER II
GRANTING OF BUILDING PERMITS
16. Authority to grant building permits for a strategic development project.
17. Planning permit granting procedure and deadlines.
18. Building permit granting procedure and deadlines.
19. Hierarchical appeal.
334
335
CHAPTER III
ENVIRONMENTAL IMPACT ASSESSMENT
20. Studies regarding the environment.
21. Study review process.
CHAPTER IV
ISSUING RESIDENCE PERMITS TO FOREIGNERS FOR THE PERFORMANCE
STRATEGIC DEVELOPMENT PROJECT
22. Issuance of residence permits for personnel from third countries.
PART V
DUTIES AND RESPONSIBILITIES OF THE PROJECT MANAGER
23. Duties and responsibilities of the Project Manager.
24. Management settings.
25. Issuance of Regulations.
PART VI
FINAL PROVISIONS
26. Duty of confidentiality to protect business secrets and confidential information.
27. Implementation of the provisions of this Law.
28. Communication by electronic means.
29. Commencement of this Law.
N. 84(I)/2023
The Law on the Facilitation of Strategic Development Projects 2023 issued by publication in
Official Gazette of the Republic of Cyprus in accordance with Article 52 of the Constitution.
Number 84(I) of 2023
AN ACT PROVIDING FOR THE FACILITATION OF STRATEGIC DEVELOPMENT PROJECTS
The House of Representatives votes as follows:
Summary
title.
1. This Law will be referred to as the Law on the Facilitation of Strategy Projects
Development Law of 2023.
PART I
INTRODUCTORY PROVISIONS
Interpretation. 2. In this Law, unless the text indicates otherwise-
Ch. 96.
14 of 1959
67 of 1963
6 of 1964
65 of 1964
12 of 1969
38 of 1969
13 of 1974
28 of 1974
24 of 1978
25 of 1979
80 of 1982
15 of 1983
9 of 1986
115 of 1986
199 of 1986
53 of 1987
87 of 1987
316 of 1987
108 of 1988
243 of 1988
122 of 1990
97(I) of 1992
45(I) of 1994
14(I) of 1996
52(I) of 1996
37(I) of 1997
72(I) of 1997
71(I) of 1998
35(I) of 1999
61(I) of 1999
81(I) of 1999
57(I) of 2000
66(I) of 2000
73(I) of 2000
126(I) of 2000
157(I) of 2000
26(I) of 2002
33(I) of 2002
202(I) of 2002
101(I) of 2006
21(I) of 2008
32(I) of 2008
47(I) of 2011
77(I) of 2011
131(I) of 2011
152(I) of 2011
34(I) of 2012
"building permit" has the meaning assigned to this term in the Regulation of Roads
and Construction Law;
336
149(I) of 2012
66(I) of 2013
40(I) of 2015
19(I) of 2016
111(I) of 2017
143(I) of 2017
143(I) of 2018
17(I) of 2019
53(I) of 2021
132(I) of 2022.
"licensing authority" means the competent authority which grants a license as prescribed
to the relevant legislation in force;
"licence application" means the application which an applicant is entitled to submit to
Department of Strategic Developments for the licensing of strategic development projects, according to
with the licensing procedure provided for in this Law;
"application for designation of development as a strategic development project" means the written
application submitted to the Department of Strategic Developments by any body o
who declares that he is an eligible person, pursuant to the provisions of the article 7, and the
who wants the development referred to in the application to be classified as a project
strategic development, in accordance with the provisions of Article 8;
"applicant" means the body applying for development to be designated as a project
development strategy and licensing applicationˑ
"development" means any investment activity which it intends to
undertaken by an institution and is the subject of both the application for the designation of development as a project
development strategy as well as the licensing application submitted by the applicant
after the first application is approved;
"competent bodies" means the Council of Ministers, the other administrative authorities which
is responsible for the licensing of strategic development projects and every competent officer
who exercises the powers specified in this Act;
1 of 1990
71 of 1991
211 of 1991
27(I) of 1994
83(I) of 1995
60(I) of 1996
109(I) of 1996
69(I) of 2000
156(I) of 2000
4(I) of 2001
94(I) of 2003
128(I) of 2003
183(I) of 2003
31(I) of 2004
218(I) of 2004
68(I) of 2005
79(I) of 2005
105(I) of 2005
96(I) of 2006
107(I) of 2008
137(I) of 2009
194(I) of 2011
78(I) of 2013
7(I) of 2014
21(I) of 2014
100(I) of 2015
148(I) of 2017
151(I) of 2017
152(I) of 2017
98(I) of 2020
136(I) of 2020
1(I) of 2022
"public servant" has the meaning assigned to that term in the Public
Service Law;
337
338
113(I) of 2022
120(I) of 2022
59(I) of 2023
64(I) of 2023
78(I) of 2023.
158(I) of 1999
99(I) of 2014
28(I) of 2020.
127(I) of 2018
23(I) of 2021.
90 of 1972
56 of 1982
7 of 1990
28 of 1991
91(I) of 1992
55(I) of 1993
72(I) of 1998
59(I) of 1999
142(I) of 1999
241(I) of 2002
29(I) of 2005
135(I) of 2006
11(I) of 2007
46(I) of 2011
76(I) of 2011
130(I) of 2011
164(I) of 2011
33(I) of 2012
110(I) of 2012
150(I) of 2012
20(I) of 2013
65(I) of 2013
120(I) of 2014
39(I) of 2015
134(I) of 2015
24(I) of 2016
142(I) of 2018
16(I) of 2019
75(I) of 2021.
"strategic development project authorization process" means the process that begins
with the approval of the development designation application as a strategic development project,
following a decision of the Council of Ministers, and is completed by the administration, edition or
granting the required permits for the implementation of the strategic development project
and by all relevant administrative authorities, as provided for in the applicable regulations
legislation
"administrative authority" has the meaning assigned to this term in the General Principles
of the Administrative Law Act;
"project" has the meaning assigned to that term in the Impact Assessment
in the Environment by Certain Acts;
"strategic development project" means development for which the Cabinet
is satisfied that it meets the criteria provided for in article 8ˑ
"strategic development project licensing list" means the list of
necessary permits and opinions and/or opinions of administrative authorities required
during the licensing process of a strategic development projectˑ
"Member State" means a Member State of the European Union;
"criteria" means the criteria provided for in art 8, which it is required to meet
the development to be characterized as a strategic development projectˑ
"Environmental Impact Assessment Study" has the meaning ascribed to the term
this in the Environmental Impact Assessment of Certain Projects Law;
"building permits" means the planning permission and building permit issued
in accordance with the provisions of the articles 16 up to 18ˑ
"town planning permit" has the meaning assigned to this term in the Town Planning Act and
Zoning Law;
339
"Head of Strategic Developments" means the Director of the Department
of Town Planning and Housing;
"person" means any natural or legal person;, with or without legal
personality, or group of such persons or the duly authorized
their representatives
Official
Newspaper,
Annex
Third (I)ː
10.12.1999
11.3.2005.
Principles that
govern the proceedings
licensing
strategy project
development.
Competent bodies
handling and
processing
of applications.
37(I) of 2022
28(I) of 2023
74(I) of 2023.
Responsibilities
and powers
Minister.
"Variance Study Board" has the meaning assigned to this term in para
of Town Planning and Spatial Planning (Deviations) Regulations;
"Strategic Developments Sector" means the sector of the Department of Town Planning and
Housing which has the powers and responsibilities that derive from the present
Law
"Project Manager" means a person who has the duties and responsibilities that
relate to the management of an application for development designation as a strategic development project
and/or in the licensing process of a strategic development project and which derive from
the provisions of this Law
"Minister" means the Minister of the Interior;
"entity" means a person who intends to apply for development designation
as a strategic development project in the Strategic Developments Sector;
3. The competent bodies and administrative authorities involved in the proceedings
characterization and licensing of strategic development projects, according to its provisions
of this Law, face all persons who intend to make an investment
activity equally and without discrimination during the development designation process as
strategic development project and act within the framework of the principle of legality and
effectively during the strategic development project permitting process, with a view
the public interest.
4.-(1) Without affecting the provisions of this Law, the competent bodies have,
in the context of their powers and authorities or duties, the power and duty to
handle and process any submitted application for designation
development as a strategic development project and any submitted application
licensing, in accordance with the procedure established by virtue of its provisions
of this Law.
(2) Regardless of the provisions of the Roads and Buildings Regulation Law, of
on Provincial Self-Governing Organizations Law and any other legislation
regarding the granting of planning permits and building permits, the responsibilities and
powers of the administrative authorities which are responsible for issuing other licenses which
concern the implementation of the strategic development project are determined according to
relevant legislation in force at any given time.
PART II
POWERS AND POWERS OF THE MINISTER
5.-(1) The Minister exercises the powers and responsibilities assigned to him by virtue
of the provisions of this Law.
(2) Without limiting the generality of the paragraph (1), the Minister has the following
responsibilities and powers regarding the licensing process for strategic projects
development:
(a) It submits to the Council of Ministers recommendations for the purpose of specialization
criteria mentioned in the article 8, which are regulated by Regulations the
which are issued pursuant to the provisions of article 25;
(b) issues decrees and circulars and submits proposals to the Council of Ministers
for the issuance of Regulations in order to better implement this Law;
(c) recommends to the Council of Ministers, with a fully reasoned proposal, the approval
or rejection of an application for development designation as a strategic development project,
considering a report of the Head of the Strategic Developments Department;
(d) approves, for each development separately, the Project Manager and the directory for
licensing of the strategic development project and is informed about the work that
performed by the administrative authorities involved in its licensing process
strategic development project, in order to ensure compliance with
provisions of this Law;
(e) recommends to the Council of Ministers the granting of any license which
required as part of the strategic development project permitting process or
the reasoned rejection of an application for granting such a license;
(f) submits a report to the Council of Ministers on problems that have arisen
during the strategic development project permitting process and
proposes reforms that touch on the issues of the respective relevant department
legislation.
PART III
PROCEDURE FOR CHARACTERIZING DEVELOPMENT AS A STRATEGIC DEVELOPMENT PROJECT
CHAPTER I
SUBMISSION OF DEVELOPMENT CHARACTERIZATION AS A STRATEGY PROJECT
DEVELOPMENT
Submission
application
characterization
development
as a project
strategy
development
and end
management.
6.-(1) The entity that wishes to include development in the project licensing process
of strategic development submits an application for the designation of development as a strategic project
development, together with the payment of an administration fee, to the Head of the Strategy Department
Developments, in accordance with the provisions of this Law.
(2) The application referred to in paragraph (1) may be submitted by an applicant or by
its authorized representative, according to the specified formula.
(3) The type of application and the information contained in it are specified and
are published by the Ministry of the Interior.
(4) Without affecting the provisions of the paragraph (3), the application includes at least the
following items:
(a) Business plan (business plan), which includes, among others,
description of the type and nature of the development, with special reference to the aspects which
relate to its particularities, as is, among other things, its promotion
innovation, the development of new technologies, its social welfare and protection
environment;
(b) preliminary report regarding the ownership and town planning characteristics
of immovable property, to which the proposed development relates,
including a General Spatial Study (Masterplan), as well as regarding
with the proposed uses of the development and the activities provided and
services, the number and description of permanent and seasonal jobs
that are created, but also cost and schedule analysis
implementation of the development;
(c) analysis of the structure and sources of development financing from which to
it follows that at least fifty percent (50%) is secured
the financing, either from equity or bank commitments;
(d) any additional evidence from which it appears that the criteria which
provided for in Article 8;
340
(e) preliminary analysis of the cost and economic viability of the development
and/or techno-economic viability study, depending on its size and cost
development;
(f) responsible declaration, the type of which is determined by the Ministry of the Interior and
in which it is stated that-
(i) all information included in the application is complete and true;
(ii) the applicant is an eligible person, in accordance with the provisions of the paragraph (1) of
Article 7;
(iii) consent is granted to verify and check the data, as well as
to conduct due diligence by the Strategic Developments Department:
Of course that, both the Project Manager and the Strategic Developments Department
may verify the content of the responsible declaration and to
require the interested person to submit supplementary documents
elements, if this is deemed necessary during the study of the application;
(iv) consent is granted to publish details of the development and of
development in its implementation, as well as the relevant decisions that
are issued pursuant to this Law:
164(I) of 2020.
Of course that, in the application they may be indicated by the project operator
strategic development information which is considered confidential and
their disclosure is permitted, only to the extent necessary
for strategic development licensing, exclusively to a competent body,
in accordance with the provisions of this Law, as well as elements which
fall within the definition of "trade secret", such as this term
defined in the article 2 of the Protection of Know-how and
Undisclosed Business Information (Commercial
Privacy) from Illegal Acquisition, Usage and Disclosure Laws.
(5) The administration fee amounts to a minimum of ten thousand euros (€10.000) and
increases incrementally, depending on the amount of the total budget and its type
development, while it is paid in two (2) installments as follows:
(a) The first installment amounts to ten thousand euros (€10.000) and is paid with the
applying for development designation as a strategic development project;
(b) the second installment concerns the remaining amount and is paid upon submission
first application submitted as part of the project licensing process
strategic development.
(6) The management fee is paid to the Head of the Strategy Sector
Developments and is determined in Regulations which are issued in accordance with its provisions
article 25.
Eligible
faces.
7.-(1) Eligible person to submit an application pursuant to the article 6 it is
any legal or natural person, with exception-
20(I) of 2014
123(I) of 2016
133(I) of 2016
159(I) of 2017.
(a) economic operators and entities of the General Government in the sense that
is attributed to these terms on Fiscal Responsibility and the
Financial Framework Law;
(b) any body which-
(i) is in bankruptcy proceedings or has been declared bankrupt or is in the process
liquidation or its affairs are administered by the court or entered into
settlement with creditors or has suspended business operations or
is in any similar situation resulting from similar
procedure, which is provided for in accordance with the legislation of another state
member or the third country where the development body is established or
in accordance with the applicable relevant legislation of the Republic;
341
(ii) is the subject of proceedings for a declaration of bankruptcy or for a decree
of compulsory liquidation or administration by the court or settlement with
creditors or any other similar process, which is foreseen
according to the legislation of another member state or the third country it is
established by the development agency or according to the law in force at any given time
relevant legislation of the Republic;
(iii) was convicted of an offense relating to his professional conduct with
decision which has the force of res judicata;
(iv) does not fulfill its obligations, including obligations of
its affiliated companies, regarding the payment of contributions
social security in accordance with the legislation of another member state or
of a third country where the development body is established or according to
the applicable relevant legislation of the Republic;
(v) does not fulfill its obligations, including obligations of
its affiliated companies, regarding the payment of taxes according to
with the legislation of another member state or the third country it is
established by the development agency or according to the law in force at any given time
relevant legislation of the Republic.
(2) For due diligence review purposes, following the proposal of the Minister, can
Regulations to be issued by the Council of Ministers, in accordance with the provisions of the article
25.
CHAPTER II
EXAMINATION OF APPLICATION FOR CHARACTERIZATION OF DEVELOPMENT AS A STRATEGY PROJECT
DEVELOPMENT
Evaluation criteria
application
characterization
development
as a strategy project
development.
8.-(1) To qualify the development as a strategic development project, the applicant owes
to prove that this concerns productive economic activity, as well as that the implementation
it essentially contributes to the sustainable development of the economy, through the satisfaction of
following objective criteria:
(a) Capital investment, with a minimum investment amount which is specified in
Regulations issued pursuant to the provisions of article 25; or
(b) creation of new permanent jobs, as specified in Regulations which
are issued pursuant to the provisions of article 25; or
(c) capital investment and creation of new permanent jobs, such as
determined in Regulations issued pursuant to the provisions of article 25; or
(d) landmark company investment (anchor company).
(2) The satisfaction of the objective criteria mentioned in the paragraph (1)
documented through a business plan.
(3) Notwithstanding the provisions of sub (1), are excluded from their characterization
as strategic development projects the developments which are specified in Regulations which
are issued in accordance with the provisions of the article 25 and concern, among others, in the following:
(a) Pure real estate development;
(b) pure financial activities;
(c) ethically controversial developments or prohibited by the applicable law
legislation·
(d) developments which increase the environmental impact to the greatest
extent this impact is not mitigated or compensated.
342
Recommendation
Domain
Strategies
Developments.
9. The Minister ensures the establishment of a Strategic Development Sector in the Department
Urban Planning and Housing and this sector is headed by the director of the department in question,
which-
(a) acts as a central body which facilitates the licensing of developments that
fall within the scope of this Law;
(b) is responsible for preparing standards and methodologies for the management of
developments and provide guidelines for the procedures involved
to be followed by Project Managers;
(c) informs the Minister about the progress of any licensing process
strategic development project, in accordance with the provisions of this Law;
(d) supervises the Project Managers and evaluates and controls them in respect of each
development assigned to them:
Of course that, the Head of the Strategic Developments Department may
nominate different individuals as Project Managers for the application review phases
development characterization as a strategic development project and project licensing
strategic development;
(e) suggests, evaluates and maintains a list of persons who have expressed interest and
deems appropriate to be designated as Project Managers, according to selection criteria
which include, among others, qualifications and provisions to prevent collision
interest and which are specified in Regulations issued in accordance with
the provisions of the article 25:
73(I) of 2016
205(I) of 2020
74(I) of 2022.
Of course that, the list may include staff of the Department
of Town Planning and Housing, public and general public personnel
sector which is assigned to the Department of Urban Planning and Housing and persons the
which come from the private sector and are selected after conducting
public tender, in accordance with the provisions of the Regulation of
Public Procurement Procedures and Related Matters Law.
Procedure
characterization
development as
strategy project
development.
10.-(1) The Minister studies the report submitted to him by
Head of the Strategic Developments Department, in accordance with the provisions of the paragraph
(a) of the territory (2) of the article 23, and which includes notification of the appointment
of the Project Manager, then it is not recommended to the Council of Ministers, fully and
sufficiently justified, the approval or rejection of the development designation application as
strategic development project.
(2) The Minister recommends approval of the application, provided that it is certified that the
applicant is an eligible person according to the provisions of the article 7 and his application
consistent with the provisions of the article 8.
(3) The Minister's proposal to the Council of Ministers for approval or rejection
application for development designation as a strategic development project is submitted within
deadline of fifteen (15) business days from the date on which
delivered to the Minister by the Head of the Strategic Developments Sector h
provided for in the paragraph (a) of the territory (2) of the article 23 report.
(4) The development is designated as a strategic development project or application for designation
development as a strategic development project is rejected, following his decision
Council of Ministers.
List
licensing
project
strategy
development.
11.-(1) The Department of Strategic Developments informs the applicant of the received
decision and, in case the development is characterized as a strategic development project,
prepares the list for licensing of the strategic development project.
(2) The list provided for in paragraph (1)-
(a) determines the administrative authorities which have competence in the procedure
strategic development project licensing and consulting;
343
(b) sets specific timetables for granting the required
permits from the administrative authorities, for the purpose of its implementation and operation
development;
(c) sets out specific timelines for submitting supplements
data from the applicant;
(d) includes a complete list of studies required for the application
strategic development project licensing;
(e) includes an opinion as to the necessity of applying for
grant of a planning permit in derogation of the provisions in force
development plan, in accordance with the provisions of the section (2) of the article 26
of the Town Planning and Spatial Planning Law.
(3) The deadline referred to in paragraph (b) of the territory (2) cannot
exceeds a total of twelve (12) months:
Of course that, the period in question does not include the time intervals during
which the applicant is expected to submit additional information or documents or amendments
raft, which are deemed necessary by an administrative authority for the application to be considered complete,
within the specified deadlines mentioned in the licensing list:
Provided further that, the above deadline does not include the times
intervals required for the granting of permits by administrative authorities concerned
in the development function and for which the completion of projects is a condition
infrastructure:
Of course further that, the prescribed period includes the period
period within which the procedure is completed which may be required for
purposes of leasing state land.
PART IV
STRATEGIC DEVELOPMENT PROJECT LICENSING PROCEDURE
CHAPTER I
SUBMISSION OF LICENSE APPLICATION AND EXAMINATION DEADLINES BY THE
ADMINISTRATIVE PRINCIPLES
General
provisions
licensing.
12.-(1) The applicant, upon receipt of the notified decision regarding the
approval of the development designation application as a strategic development project and in
consultation with the Project Manager, as deemed necessary, may proceed to
submitting a license application, provided that he pays the competent administrative authorities the
required fees and/or rights provided for in the relevant legislation in force at any given time
for the licensing and additionally pays the remaining part of the fee
management, in accordance with the provisions of the section (5) of the article 6.
(2)(a) The permit application file is forwarded to the Project Manager, which
checks its completeness and informs the applicant accordingly in case it is required
submission of additional information and/or documents.
(b) The Project Manager forwards the application with everything required, case by case,
supporting documents of the application to the head of each competent administrative authority which
is included in the list for licensing of the strategic development project, which
is obliged to designate a person from the service he heads as responsible for the
issuance of the required permits and/or opinions and/or for the consultation that
provided for in the relevant legislation in force at any given time and ensures, so that the staff of
due to service to proceed without further delay to the imposed for him
actions for this purpose, in accordance with his prescribed powers:
Of course that, the applicant, before submitting the license application, may
choose to consult with the administrative authorities involved in the process for purposes
granting the required licenses and are included in the list for its licensing
strategic development project:
Provided further that, in case of receiving opinions from the administrative authorities which
are listed for licensing of the strategic development project before
344
submitting a license application, the licensing authority, provided that the items which
taken into account the authorities in question do not differ from the elements contained in
license application, does not consult with them again during the process of granting the
permits, with the exception of the procedure provided for in Chapter III of Part IV.
(c) The administrative authorities must provide the Project Manager with all necessary
information, written or oral, for the stage at which the relevant procedures are,
any deficiencies in the file and how to fill them in, as well as for the reasons
the delay or failure to provide the requested licenses or approvals.
Deadlines
for the exam
of the application
licensing.
13.-(1) Immediately after receiving a license application, which is submitted to the administration
authority from the Project Manager, it proceeds with its preliminary examination, within
fifteen (15) working days from its receipt, as to its inclusion
all the necessary supporting documents, in accordance with the relevant legislation in force at any given time.
(2) If the license application referred to in subsection (1) is complete, the administrative
authority proceeds with its examination without further delay and is obliged to
issue its decision or formulate and communicate its final views, within
of the deadline specified in the list for licensing the strategy project
development.
(3) In case the application is not complete, the administrative authority may
ask the applicant, through the Project Manager, as he completes it,
submitting any additional information or providing it
necessary additional clarifications, through the Project Manager.
(4)(a) Reviewing all applications that are complete, including her
consultation process with other authorities, which is determined based on a Memorandum of Cooperation
which is concluded by the Minister, required as completed within the deadline
specified in the list for licensing of the strategic development project.
(b) The deadline, in case of incomplete application, calculated from the date
submitting the requested additional information and additional clarifications
by the applicant and, in the event of a need to revise the proposal prior to receipt
final decision, from the date of submission of the revised designs.
(5) In a case where the process of examining a license application for the
issuance of a decision or the formulation of final opinions cannot be completed within it
specified deadline, the administrative authority is required to submit an application to the Minister
before the deadline, through the Project Manager, for extension purposes for
reasonable period of time, specifically justifying the inability to comply with art
due deadline.
(6) Unless the consent of the Minister is obtained to extend the specified
deadline for completing the examination of the application, failure to comply
of any administrative authority with its obligation provided for in the subsection (4)
is notified by the Project Manager both to the Minister and to the person in charge
minister for further action.
Liabilities
applicant.
14.-(1) After the decision of the Council of Ministers to approve the application for designation
development as a strategic development project, the applicant submits to the Strategy Section
Developments full details, as required by the current legislation,
for the approval and issuance of the necessary permits to carry out the development
to which the license application relates, as provided in the article 12.
(2) The applicant ensures that the data he submits to the services that are against
law responsible for licensing is complete, accurate and true and bound to
cooperates with the Strategic Developments Department, the Ministry of Interior and the
administrative authorities, if called for this purpose, in order to fill in any gaps
data.
(3) Any permit granted by the administrative authorities to the applicant shall not
is transferred, unless the prior consent of the Cabinet is obtained.
Declassification
strategy project
development.
15. With a reasoned decision of the Council of Ministers, after relevant
proposal of the Minister, developments may be declassified as strategic projects
development, in which case-
345
346
(a) with the expiration of the development permits, no applications were submitted
renewal of these and the start of project implementation did not take place
strategic development;
(b) it is established that the applicant has not fulfilled his obligations, according to
provisions of article 14;
(c)
during the process of examining applications for the purposes of granting permits,
it became clear that the strategic development project cannot be implemented; and/or
(d) it is established that the applicant does not provide the information required under
provisions of this Law or makes false statements during the provision
such information.
CHAPTER II
GRANTING OF BUILDING PERMITS
Competence
administration
construction
permits for a project
strategy
development.
Administration process
planning permission
and deadlines.
16.-(1) Regardless of the provisions of the Town Planning and Spatial Planning Law and
on Provincial Self-Governing Organizations Law, for the purposes of this Law,
the Head of the Strategic Developments Department is designated as the competent authority for the
granting of the urban planning permit.
(2) Regardless of the provisions of the Regulation of Roads and Buildings Law and
on Provincial Self-Governing Organizations Law, for the planned developments
in this Law competent authority for purposes of implementation of the Road Regulation and
Building Law, the Head of the Strategic Developments Sector is appointed.
17.-(1) The application for the purpose of granting a planning permit is received by
Head of the Strategic Developments Department and forwarded to the Manager for handling
Project.
(2)
The application is forwarded without further delay to all competent administrative authorities
authorities, according to the list provided in the paragraph (a) of the territory (2) of
article 11.
(3)
Every administrative authority, immediately after receiving the application in the context
consultation on the granting of a planning permit, which is submitted to her by
Head of the Strategic Developments Department, proceeds with a preliminary examination of it
application, within five (5) working days from its receipt, as to that she
includes all the necessary supporting documents in accordance with the relevant
legislation.
(4)
If the application for a planning permit is complete, the administrative authority
proceeds with its examination without further delay and is obliged to
formulate and communicate its final opinions to the Department Head
of Strategic Developments within fifteen (15) working days.
(5)
In case the aforementioned application is not complete, or
administrative authority, through the Head of the Strategic Developments Department, may
ask the applicant to complete it, submitting any additional
information or providing it with the necessary additional clarifications.
(6)(a) The applicant must submit the necessary additional information and
additional clarifications provided for in the paragraph (5) to the competent administrative authority,
through the Project Manager.
(b) The administrative authority, after confirming that the application is considered complete, informs him
Head of the Strategic Developments Department, within fifteen (15) working days,
for her final views.
(7) The schedule provided for in paragraphs (4) and (6) does not apply as long as
concerns the process of issuing an opinion of the Environmental Authority, for which
the provisions of the articles apply 20 and 21.
347
(8) Based on the list for licensing of the strategic development project, the
Head of the Strategic Developments Department and the Director of the Department
Environment determine the administrative authorities which-
(a)
(b)
(c)
Part IV,
Chapter III.
are invited to a consultation by the Head of the Strategic Developments Department
and the Director of the Environment Department at the same time;
they are called to consultation only by the Head of the Strategy Sector
Developments;
they are invited to a consultation only by the Director of the Environment Department,
in accordance with the procedure provided for in Chapter III of Part IV.
(9) The Head of the Strategic Developments Department seeks opinions from the management
authorities provided for in the paragraph (8), clarifying that the administrative authorities which
referred to in paragraph (c) of the territory (8) must submit exclusively to
Director of the Department of the Environment their opinions regarding the environment
matters for the purposes of the procedure provided for in Chapter III of Part IV,
while any other opinions are submitted exclusively to the Head of the Department
of Strategic Developments, for the purpose of granting the urban planning permit.
(10) The administrative authorities which according to the subsection (8) owe as they submit
views towards the Strategic Development Sector are obliged to follow the
procedure provided for in paragraphs (3) up to (6).
(11)(a) As long as the views of all administrative authorities are submitted to the urban planning authority
authorities within the framework of the procedure provided for in paragraphs (1) up to (6), appropriately
authorized representatives of the administrative authorities, including the local one
principle, as well as the Project Manager, participate in a meeting that he may call
the licensing authority to discuss with the applicant the conditions for the grant
planning permission.
(b) The meeting is called within ten (10) working days, at the latest, later
from the completion of the procedures provided for in the paragraphs (1) up to (6).
(12) As long as the applicant adopts in the design of the study the conditions that
were raised in the context of the discussion during the session referred to in the paragraph (11) and them
which the Head of the Strategic Development Department intends to include in
terms of the urban planning permit or to require that they be implemented before the grant
of this one, the applicant submits a revised proposal.
(13) Upon completion of the session referred to in paragraph (11) and her
validation of its practices, which are approved within ten (10) working days, not
it is possible to submit additional views and impose additional requirements on
context of the evaluation of the planning permission by the administrative authorities, unless
these arise from the revised design or from additional elements they have
submitted by the applicant regarding the urban planning application.
(14) In any case, as long as any required supplements are submitted
information from the applicant in accordance with the provisions of the subsection (6), as well as the territories (12)
and (13), where this applies, the administrative authorities inform the urban planning authority,
within fifteen (15) working days, for their final opinions, according to
procedure which is provided for in paragraphs (1) up to (6), as well as in verses (11) up to (13),
where this applies, while the views are communicated to the local authority concerned.
(15) On the expiry of the period of fifteen (15) of business days that
provided for in the paragraph (4) for submitting final opinions, unless his Supervisor
Department of Strategic Developments consented to its extension, it is presumed that the said
administrative authority agrees to the granting of planning permission without setting other conditions.
(16) In the event that within the period provided for in paragraphs (4) and (6)
local authority, within the administrative boundaries of which the development is located, set conditions for the
granting of the urban planning permit, which are consistent with a general decision or policy of art
due to local authority received or adopted at least six (6) months before taking
of the development designation application as a strategic development project, the terms in question
must be included in the final terms of the planning permit.
348
(17) The taking of a decision or the adoption of a policy by the local authority referred to in
verse (16) confirmed by official meeting minutes of the relevant competent body.
(18) As long as the procedure provided for in Chapter III of the Part is completed
IV, when required, as well as a positive opinion from the Environmental Authority,
the Head of the Strategic Developments Department-
(a) decides, within fifteen at the latest (15) working days from
completion of the procedure provided for in the subsection (14) or at the latest within
fifteen (15) working days from the completion of its procedure
Chapter III of Part IV, for the granting of a planning permit, with or without conditions,
or for the rejection of the application for a planning permit;
(b) if it is necessary to submit an application for the granting of a planning permit by way of derogation
of the provisions of the current development plan, according to the verse (2) of the article
26 of the Town Planning and Spatial Planning Law, sends without further ado
delay thorough report to the Deviation Review Board, such as
provided for in the paragraph (8) of the Regulation 13 of Urban Planning and
Spatial planning (Deviations) Regulations.
(19) In case of submitting an application for the granting of a planning permit against
deviation from the provisions of the current development plan, according to the Regulation 13
of Town Planning and Spatial Planning (Deviations) Regulations, the study of the application by
the Council for the Study of Deviations and the submission of a report to the Council of Ministers
is completed within a period of three (3) months from the date of its dispatch
detailed report provided for in the paragraph (b) of the territory (18) at
Council for the Study of Anomalies, as provided in para (8) of the Regulation
13 of Town Planning and Spatial Planning (Deviations) Regulations:
Of course that, in case a public hearing is required to be held pursuant to
the Regulation 16 of Town Planning and Spatial Planning (Deviations) Regulations, or
submission of a report to the Council of Ministers is completed within a period of four
(4) months:
Provided further that, the time of study of the planning application by derogation
it is extended depending on the time of decision-making by the Council of Ministers.
Administration process
building permit and
deadlines.
18.-(1)(a) As long as an application is submitted by the applicant to the Head of the Department
of Strategic Developments, for building permit purposes, this is forwarded to
competent officer for handling.
(b) The Head of the Strategic Developments Department, if deemed necessary, he asks
within five (5) working days, at the latest, submitting a revised proposal,
due to non-adoption of conditions set in the urban planning permit.
(2) Based on the list for licensing of the strategic development project, the
Head of the Strategic Development Department requests information from the administrative authorities,
within five (5) working days, whether additional information is required
and/or additional clarifications from the applicant and/or revision of the application, so that she
is considered complete in that it includes all necessary supporting documents
with the relevant legislation in force at any given time.
(3) As long as the applicant submits the necessary additional information and
additional clarifications, as provided in sub (2), and the application is considered complete,
duly authorized representatives of the administrative authorities and the Project Manager
participate in a session which may be called by the Head of the Department
of Strategic Developments for discussion regarding the granting of a building permit.
(4) As long as the applicant adopts in the planning of his study the conditions that
were raised in the context of the discussion during the session referred to in the paragraph (3) and them
which the Head of the Strategic Development Department intends to include in
conditions of the building permit or to require that they be implemented prior to the granting thereof,
the applicant submits a revised proposal and Strategy Sector Head
Development may convene a second session, by participating appropriately
authorized representatives of the administrative authorities to discuss the finals
conditions, if and as long as they exist, for the granting of a building permit.
(5) Upon completion of the session referred to in paragraph (4) and validation
of practices, which are approved within ten (10) working days, it is not possible to
submit additional opinions and impose additional requirements in its context
assessment of the building permit by the administrative authorities, unless these
arise from the revised design or from additional data submitted
by the applicant regarding the building application.
(6) In any case, the administrative authorities inform the Head of the Sector
of Strategic Developments, within fifteen (15) working days, for their finals
opinions:
Of course that, in the event of a meeting convened by the Head of the Department
of Strategic Developments according to the subsection (3), the period of fifteen (15)
working days starts from the completion of the procedures provided for in
verses (4) and (5).
(7) On the expiry of the period of fifteen (15) of business days that
provided for in the paragraph (6) for submitting final opinions, unless his Supervisor
Department of Strategic Developments consented to its extension, it is presumed that the said
administrative authority agrees with the granting of a building permit, without setting conditions.
(8) In case in which, within the period provided for in the paragraph (6),
local authority, within the administrative boundaries of which the development is located, set conditions for the
granting of the building permit, which are consistent with a general decision or policy of art
due to local authority received or adopted at least six (6) months before taking
of the development designation application as a strategic development project, the terms in question
must be included in the final conditions of the building permit.
(9) The local authority making a decision or adopting a policy, as provided
in the verse (8), confirmed by official meeting minutes of the relevant authority
organ.
(10) Upon completion of the procedure provided for in this article, the
Head of the Strategic Developments Department issues a building permit or rejects it
application, within the deadline included in the list for project licensing
strategic development, upon completion of the procedures provided for in the paragraphs
(4) and (6).
Hierarchical
recourse.
19.-(1) Regardless of the provisions of the Town Planning and Spatial Planning Law and
on Regulation of Roads and Buildings Law, in the event that a project licensing application
strategic development is rejected or granted conditional permission, the applicant, if he considers that the
his legitimate interests are harmed by the rejection or granting of the license with conditions,
in accordance with the provisions of the articles 16 up to 18, may exercise a hierarchical appeal
against the decision of the Head of the Strategic Developments Department at the Ministry
Council, within twenty one (21) working days:
Of course that, in case the applicant considers that his legitimate interests are harmed
from the decision to reject the granting of a license due to its negative opinion
Environmental Authority or from the granting of a license with conditions derived from the
inclusion of essential terms of the opinion of the Environmental Authority, according to
the provisions of paragraphs (10) and (12) of the article 21, the article applies 48 about her
Assessment of the Impact on the Environment of Certain Law Projects.
(2) If a hierarchical appeal is brought in accordance with the provisions of sub (1), the
The Council of Ministers may-
(a) confirm the contested decision;
(b) annul the contested decision;
(c) set aside or modify any part of the contested decision; or
(d) received the application as if it had been submitted to the Ministry in the first place
Council.
(3) The Council of Ministers examines every hierarchical appeal brought under it
of territory (1) and provides a right to be heard to the affected person or gives it to him
349
opportunity to further support in writing the grounds on which the
hierarchical appeal.
(4) The Council of Ministers decides on each appeal and documents it
his decision, which is issued within ninety (90) working days from the date
exercise of the hierarchical appeal and is communicated to the applicant and his Supervisor
Strategic Developments Sector.
(5) The decision of the Head of the Strategic Developments Department, for its rejection
application for the licensing of a strategic development project or for the granting of a license with conditions, not
becomes enforceable before the expiry of the period provided for in the subsection (1) deadline for
exercise of hierarchical appeal and, in the event of a hierarchical appeal, before
the issuance of the decision of the Council of Ministers, which is issued according to
deadline provided for in the paragraph (4).
CHAPTER III
ENVIRONMENTAL IMPACT ASSESSMENT
Studies
regarding
the environment.
153(I) of 2003
131(I) of 2006
113(I) of 2012
67(I) of 2015.
20.-(1) The Head of the Strategic Developments Department, in the context of its examination
application for a planning permit, requests the applicant to conduct and deposit
Environmental Impact Assessment Study, in accordance with its provisions
Assessment of the Impact on the Environment of Certain Law Projects, as well as Study
Special Ecological Assessment, if the proposed development relates to a project that may
to affect the Nature Network area 2000, in accordance with the provisions on Protection
and Nature and Wildlife Management Act:
Official
Newspaper,
Annex
Third (I)ː
8.4.2022.
Of course that, the applicant pays the Environmental Authority the prescribed fees
on the Environmental Impact Assessment of Certain Projects (Fees and
Charges) Decree.
(2) The content of the provisions in the paragraph (1) of studies is determined in writing with
instructions of the Environmental Authority as to their scope and content and for
for this purpose the Strategic Developments Sector, as part of its preparation
list for licensing of the strategic development project, according to the verse (1) of
article 11, submits to the Environmental Authority an application accompanied by the
following:
(a) Floor plan showing the real property on which
the development is to be performed;
(b) brief description of nature, of the type, the extent and volume of the project
strategic development;
(c) the potential impact on the environment;
(d) any other relevant information which the applicant considers appropriate or
necessary.
(3) The Environmental Authority examines the application and provides the relevant instructions for it
scope and detail of information required to be included in the studies, within
fifteen (15) working days from the receipt of the application:
Of course that, the Environmental Authority, after receiving the application which
provided for in the provisions of the paragraph (2), may consult with the Sector
of Strategic Developments and to request any additional information regarding
with the development or in relation to any effects which the execution and operation
possible impact on the environment.
(4) The content of the studies provided for in the paragraph (1), which submits
the applicant, required to be consistent with the provisions of the Impact Assessment on
Environment from Certain Acts and in particular with the provisions for public
consultation and public presentation on behalf of the applicant, as well as with its provisions
on the Protection and Management of Nature and Wildlife Law.
350
351
Procedure
examination
studies.
21.-(1) Irrespective of the procedures provided for in the Assessment of
Environmental Impact of Certain Projects Law, the Department of the Environment is examining,
without delay, whether the information contained in the Appraisal Study
Environmental Impact Assessment and the Special Ecological Assessment Study are sufficient
and, if it deems them to be insufficient, can, within ten (10) working days, through it
Director of the Environment Department, to ask the applicant, with notification to
Project Manager, as filed, within a reasonable time, any
additional information regarding the strategic development project or impacts
which this may cause to the environment.
(2) The applicant must as, simultaneously with the submission of the studies provided for
in the verse (1) of the article 20, publish a notification of the application in two (2)
at least daily newspapers circulating in the Republic.
(3) All information submitted by the applicant as part of the Study
Environmental Impact Assessments are posted on the Department's website
Environment and are available in the file of the Department of Environment and at the latest
within twenty (20) working days from the above publication any person
may submit to the Director of the Environment Department opinions or representations about
its content or regarding the effects that the execution or operation of the project
may cause to the environment and such opinions or representations are taken
taken into account in the evaluation of the Environmental Impact Assessment Study, as well as in
issuance of the relevant opinion.
(4) When the Director of the Environment Department finds that the information that
placed before him are sufficient, is progressing, without further delay, in assessment
the Environmental Impact Assessment Study and the Special Ecological Study
Evaluation:
Of course that, in case the Special Ecological Assessment Study, which
is prepared and evaluated in accordance with the provisions on its Protection and Management
Nature and Wildlife Law, demonstrate irreversible effects in its area
Network Nature 2000, the project is rejected.
(5) Depending on the type of project, the characteristics of the environment in which
the project is sited and the expected impacts on it, the Director of the Department
Environment asks, as the case may be, the following:
(a) The specialized knowledge of the competent services and in particular of the Department
Labor Inspection, of the Forestry Department, of the Department of Water Development,
of the Geological Survey Department, of the Fisheries and Marine Department
of Research and the Game and Wildlife Service;
(b) the views of local authorities, organized sets, non-governmental
organizations and/or specialized individuals.
(6) The Director of the Environment Department may request the competent authorities
authorities provided for in the paragraph (5) information, within five (5) working days from
sending opinions, for any additional information required.
(7) Expert knowledge and opinions can be requested online, via
letter, or in the context of a meeting and are submitted to the Environment Department, within
fifteen (15) working days from the date on which the aforementioned are requested
specialized knowledge or opinions.
(8) For the submission of opinions in accordance with the provisions of paragraphs (a) and (b) of
of territory (5) it is required to observe the deadline provided for in subsection (7), unless o
Director of the Environment Department expressly agreed to a fully justified request
extension by the respective competent authority.
(9)(a) The Director of the Environment Department, after taking into account the suggestions of
specialized services and any opinions and/or representations, in compliance with
provisions of the paragraph (8), proceeds with an evaluation and prepares a relevant opinion,
fully justified, which he forwards to the Head of the Strategy Department
Developments within one (1) month from the date of completion of the process which
provided for in paragraphs (5) up to (7).
(b) If the project affects an area of the Nature Network 2000, the opinion is being prepared
within two (2) months from the date of completion of the procedure provided for in
verses (5) up to (7):
(c) The Head of the Strategic Developments Department may consent to
extension of the deadlines provided for in this paragraph, are set out in this paragraph,
upon submission of a reasoned request by the Director of the Environment Department and
notifies the said extension to the Minister.
(10) With the above mentioned opinion, the Director of the Department
Environment can be recommended as the strategic development project-
(a) not executed, due to the significant effects on the environment which they are
impossible to reduce or eliminate by taking management measures through it
imposing conditions; or
(b) be executed, with specific terms and measures, the observance of which it ensures
the elimination or reduction of the effects that the execution or operation of the project
possible to bring about in the environment:
Of course that, the Director of the Environment Department may determine
in the opinion the essential conditions that must be set by the Town Planning Authority
to be applied by the applicant.
(11) The opinion of the Department of Environment is posted on its website and
is available on file with that department.
(12) Upon receipt of the opinion of the Department of Environment, the Chief
of the Strategic Developments Sector-
(a) if the opinion of the Environmental Authority is positive, may proceed to
grant of a planning permit, as provided in the article 17, with her
incorporation in the license of the conditions and measures, necessarily including
of the essential terms of the opinion and, for purposes of ensuring correctness
application of these terms, the provisions of the article apply 43 of about
of the Environmental Impact Assessment of Certain Law Projects, for
audit by an external environmental auditor;
(b) subject to the provisions of the paragraph (14), if her opinion
Environmental Authority is negative, its provisions shall apply
Assessment of the Impact on the Environment of Certain Law Projects.
(13) Upon completion of the procedure provided for in this article, the
Head of the Strategic Developments Department proceeds to make a decision accordingly
with the verse (18) of the article 17.
(14) If the opinion of the Environmental Authority concerns a project that has been demonstrated
negative impact on the Nature Network area 2000 and is negative, not applicable
the procedure provided for in paragraphs (12) and (13) and the Head of the Department
of Strategic Developments, through the Project Manager, notifies the applicant that it cannot
that he too be issued a permit, if desired, can differentiate the project, so that
eliminate the negative and irreversible effects in the area of the Nature Network
2000.
CHAPTER IV
ISSUING RESIDENCE PERMITS TO FOREIGNERS FOR PROJECT IMPLEMENTATION
STRATEGIC DEVELOPMENT
Issue
permits
staff accommodation
from thirds
countries.
22.-(1) For the cases of developments which were characterized as strategic projects
development, following a decision of the Council of Ministers in accordance with its provisions
article 10, residence permits of third country nationals may be granted, according to
strategy determined by the Council of Ministers, following his relevant proposal
Minister.
(2) The sentence referred to in sub (1) includes, among others, details
on the number of personnel from third countries for which permits are allowed
accommodation per applicant, as well as the seat categories.
352
PART V
DUTIES AND RESPONSIBILITIES OF THE PROJECT MANAGER
Duties and
responsibilities
In charge
Project.
23.-(1) The Project Manager is proposed by the Head of the Strategy Department
Developments from a register maintained by the sector in question and approved by
Minister, to perform the duties and exercise the powers specified in
verse (2).
(2) The duties and responsibilities of the Project Manager are as follows:
(a) Study of the application for designation of development as a strategy project
development and report preparation, which is submitted to the Minister, within
period not exceeding ten (10) working days, after the
receipt of the completed application file, through the Head
of the Strategic Developments Sector:
Of course that, the Project Manager, within a period of five (5) working people
days from the date of submission of the application, informs its applicant
strategic development project whether additional submissions are required
elements, information and clarifications, which he considers necessary for the
due examination and proper evaluation of the submitted application:
Provided further that, the purpose of the assessment is to ascertain against
whether the applicant is an eligible person under its provisions
article 7 and the proposed development meets the criteria for assessment and
approval of an application for development designation as a strategic development project,
in accordance with the provisions of Article 8;
(b) contact the applicant for any information, guidance and
support in relation to advancing its licensing process
strategic development project;
(c) preparation of the list for licensing of the strategic development project;
(d) provision to the applicant, to the extent necessary, any necessary
assistance and guidance for the purpose of due preparation and
correct submission of the license application;
(e) examination of whether the licensing application can possibly be examined
parallel beyond the one administrative authority and, if found not to
there are legal or other practical administrative obstacles which constitute
its parallel examination impossible, coordination in order to complete them
the parallel proceedings;
(f) implementation of an effective progress monitoring system
examination of the licensing application and coordination of the parties involved
administrative authorities;
(g) preparation of an evaluation report of the licensing process and provision
feedback to the Head of the Strategic Developments Department afterwards
the end of the process.
Settings
management.
24.-(1) The Department of Strategic Developments enters into memorandums of cooperation with
administrative authorities involved in the licensing process, which the Minister,
if he approves them, submits them for approval to the Council of Ministers;
these, consultation and licensing procedures are described and included
list of officers whom the head of each administrative authority considers
suitable to be involved during the licensing process, that-
(a) to be selected, in consultation with the head of each administrative authority, one of
the appropriate officers available to consider applications;
(b) to determine the mode of cooperation, for this purpose it can be conducted
seamlessly outside of working hours, without affecting his work
operator during business hours;
353
(c) to implement a system of monitoring and adherence to timetables, with
the commitment of the necessary resources for this purpose.
(2) For each application submitted in accordance with the article 12, with his payment
prescribed amount, the Head of the Strategic Developments Department is responsible
management of an equal amount of funds for the following purposes:
(a) Payment of the cost of the services of the Project Manager, in case
in which he comes from the private sector and has been selected
following a relevant public tender, as well as of
consulting services that may be deemed necessary for the
assessment of the application for designation of development as a strategic project
development and during the development permitting process;
(b) allocation of the required resources arising under the
verse (1), including any overtime pay;
(c) payment of any hospitality and travel expenses related to
permitting and development completion process;
(d) payment of other expenses that may be deemed necessary in connection with
development:
Of course that, the Minister may at any time request an analysis
condition of the fund and to determine further measures or limit the
use of it:
Provided further that, the Minister may approve, upon request
of the Head of the Strategic Developments Department, additional credits
in the specific fund.
(3) Fund management procedures, as well as the control mechanism that
is applied, are determined by the Head of the Strategic Developments Department, in
cooperation with the General Accounting Office and the Audit Service, respectively.
(4) A separate fund is kept for each development, the place
