9

Paragraph 28(4) to (9) of the Law on nature conservation is worded as follows: ‘4. The district authority of a region’s headquarters shall deliver an expert opinion on whether the draft plan or project referred to in subparagraph 3 is likely to have a significant effect on the area which is part of the network of protected areas. If the plan or project is to be implemented in the territory of several regions, that opinion shall be issued by the district authorities at the headquarters of the region in whose territory most of the plan or project is to be implemented. An expert opinion may also be issued by the Ministry or district office at the headquarters of the Region, on its own initiative, if the initiative to issue such an opinion has been identified in the course of the procedure for granting an exemption, consent or a declaration under this law. If, according to the expert’s opinion, a plan or project is likely, either individually or in combination with another plan or project, to have a significant effect on that territory, it shall be the subject of an impact assessment in accordance with the specific legislation. 5. A plan or project may be approved or authorised only if it is demonstrated, on the basis of the results of an impact assessment carried out in accordance with specific legislation, that it will not adversely affect the integrity of an area which is part of the network of protected areas in the light of its conservation objectives (“adverse effect on the integrity of the area”). 6. A plan or project likely adversely to affect the integrity of the territory may be approved or authorised only if it is shown that there are no alternative solutions and it must be implemented for imperative reasons of overriding public interest, including those of a social or economic nature. In that case, compensatory measures shall be taken to ensure that the overall coherence of the European network of protected areas is protected. 7. Where priority habitats or priority species are hosted in the network of protected areas, a plan or project likely adversely to affect the integrity of the site may be approved or authorised only for imperative reasons of overriding public interest relating to public health and public safety or to beneficial consequences of primary importance for the environment and for other imperative reasons of overriding public interest based on the opinion of the European Commission. 8. The question whether the approval of a plan or the authorisation for a project adversely affecting the integrity of the territory constitutes an overriding public interest shall be decided by the government on the basis of a proposal submitted by the Ministry at the request of the central governmental authority responsible for the approved plan or project. The request shall contain information on the scope, location of the proposed compensatory measures and the amount of the funding necessary for their implementation, as well as the Ministry’s opinion on the scope and location of the proposed measures referred to in the information provided. The information shall be drawn up by the developer and the notice shall be issued by the Ministry at the request of the developer. 9. The proposal for compensatory measures shall be drawn up, at the expense of the developer, by a nature conservation body or a competent professional (Paragraph 55) in cooperation with a nature conservation body. For a proposal for compensatory measures, the developer shall be required to seek the consent of the Ministry before approving or authorising the plan or project.’