Legal aspects of brownfield redevelopment in Latvia

Brownfields in Baltic States - Lifelong Educational Project CZ/08/LLP-LdV/TOI/134005

Legal aspects of brownfield redevelopment in Latvia

Edmunds Teirumnieks Rēzeknes Augstskola

Latvia

„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“


Awareness • What are the fundamental parts of regulation

related to brownfield redevelopment in Latvia?• What are the basic groups of environmental

legislation in Latvia?• What are the main regulations that control the

field of contaminated sites in Latvia?• Which are main legislative acts in brownfields

sphere?• How is possible to evaluate polluted territory in

frame of Latvia regulations?


Goals of the teaching unit• To give review of brownfield legislation in

Latvia• To analyze the main legislation acts of

brownfield in Latvia• To give an example of evaluation of

polluted territories in Latvia


Content• Introduction

• Regulation system on brownfields in Latvia

• Environmental Protection Law

• Law On Pollution

• Construction Law• Liability and legal aspects


Regulation system on brownfield in Latvia

• There is no special regulations on brownfield in Latvia.

• Regulations on brownfield are mainly included in Environmental legislations.

• Legislation on brownfields is divided by type of environmental conditions:

– derelict buildings;– contamination of territories.


Legislation in contaminated territories Contaminated or potentially contaminated territories includes all

environments – soil, water and natural resources.Contaminated or potentially contaminated territories and it's aspects

controlled by regulations of:– Environmental Protection Law– Law On Environmental impact assessment– Water Management Law – Law On Subterranean Depths – Natural Resources Tax Law– Law On Pollution – The National Development plan (NDP) 2007 – 2013 – The National Strategic Reference Framework (NSRF) 2007 –

2013. – Other legislation documents and Regulations of the Cabinet of

Ministers


Environmental Protection Law (I)Law determines basics of state control system

which include main aspects of brownfields:• utilization of natural resources;• performance of polluting activities;• research and remediation of polluted and

potentially polluted sites;• evaluation and reduction of industrial accident

risk;• waste management;• environmental impact assessment.


Environmental Protection Law (II)Main aspects of contaminated or potentially contaminated territories in Environmental Protection Law involving:

• damage to soil or subterranean depths;• damage to specially protected species or

biotopes; • damage to waters; • damage to the environment; • immediate measures for pollution prevention.


Law On Pollution (I)The purpose of this Law is to prevent or reduce harm

caused to human health, property or the environment due to pollution, to eliminate the consequences of harm caused, as well as:

• to prevent pollution resulting from polluting activities or, if it is impossible, reduce emission into soil, water and air;

• to prevent or, if it is impossible, reduce the utilization of non-renewable natural resources and energy when performing polluting activities;

• to ensure ascertaining of polluted and potentially polluted sites in the territory of the State and registration thereof;


Law On Pollution (II)• to specify measures for investigation of polluted and

potentially polluted sites and remediation of polluted sites;

• to specify the persons who shall cover expenses relating to investigation of polluted and potentially polluted sites and remediation of polluted sites;

• to specify the right of each natural person and legal person, as well as the associations, organisations and groups thereof to participate in the decision-taking process in relation to the issuing of permits for the performance of polluting activities or the review of such permits.


Categories of potentially contaminated sites

The Regulation of the Cabinet of Ministers No. 483 “On Ascertaining and Registration of Polluted and Potentially Polluted Sites” divided territories as follows:

• 1st category – site is polluted. For its useful economical utilization and recovery of previous ecological conditions remediation measures have to be undertaken.

• 2nd category – site is potentially polluted. • 3rd category – site is not potentially polluted.


Legislation in derelict buildings

In all stages of Latvia development were and are a lot of problems with derelict buildings and demolition waste. In this branch legislation composed:– Construction Law– Waste Management Law– Spatial Planning Law– Other legislation documents and

Regulations of the Cabinet of Ministers


Construction Law (I)Law determines the mutual relations of persons participating in construction, as well as the rights and obligations thereof during the construction process and liability for the conformity of the structure which has emerged as a result of construction with the task thereof, economic viability, the intended lifetime and the relevant regulatory enactments, as well as the competence of State administrative and local government institutions in the relevant field of construction.


Construction Law (II)The competence of territorial local governments is - to

develop and approve the spatial plan, detailed plans of the administrative territory thereof and building regulations contained therein that are mandatory for all persons participating in construction and refer to all types of structures within the administrative territory of the territorial local government, as well as control and ensure performance thereof.

If a structure is fully or partially dilapidated or is in a condition that the use thereof is dangerous or it spoils the landscape, the owner in accordance with a decision of the relevant local government shall put it in order or demolish it in accordance with the provisions of the Civil Law.


Spatial Planning LawThis law determines following spatial planning principles:• the principle of sustainability, which ensures a qualitative

environment, balanced economic development, rational utilization of natural, human and material resources, development and preservation of the natural and cultural heritage for the present and next generations;

• the principle of interest co-ordination, which ensures that a spatial plan is developed in accordance with other spatial plans and the plan co-ordinates State, planning region, local government and private interests;

• the principle of diversity, which ensures that in the development of a spatial plan the diversity of nature, the cultural environment, human and material resources, and economic activity is taken into account;

• the principle of delineation, which ensures that spatial planning at the national, planning region, district and territorial local government level is provided for with a differing level of detail.


Example. Evaluation of railway station Rezekne II



Legal aspectsIn the Latvia violations of the provisions on the use of land resources, except aspects stipulated by environmental legislation, are subjects to:

• The Administrative Violations Code• The Criminal Law• The Civil Law


Conclusion• Information of brownfields and brownfields

regeneration are included in many legislation documents.

• Not always one legislation document is palsied with other.

• In Latvia legislation is a different attitude to brownfields as in other EU countries. There main brownfields aspects connected with contamination of territories.


Thank you for your attention!

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„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“

Documents

Legal aspects of brownfield redevelopment in Latvia