Lietuvos Respublikos Vyriausybė NUTARIMAS RESOLUTION No. 651 ON THE USE OF HYDRO-TECHNICAL COMPLEXES FOR AGRICULTURAL PURPOSES IN HYDRO-ENERGY 9 May 2002 Vilnius Following Article 14 of the Republic of Lithuania Law on Management, Use and Disposal of State and Municipal Property (Official Gazette Valstybės žinios No. 54-1492, 1998), Article 5 of the Republic of Lithuania Law on Land Reclamation (Official Gazette Valstybės žinios No. 71-1326, 1993; No. 59-1362, 1997; No. 110-3985, 2001), Articles 20 and 27 of the Republic of Lithuania Law on Water (Official Gazette Valstybės žinios No. 104-2615, 1997) and Article 3 of the Republic of Lithuania Law on Environmental Impact Assessment (Official Gazette Valstybės žinios No. 82-1965, 1996; No. 39-1092, 2000), the Government of the Republic of Lithuania r e s o l v e s:
- To establish that: 1.
- state-owned hydro-technical complexes of agricultural purposes registered in the Cadastre of Land Reclamation Equipment (hereinafter referred to as hydro-technical complexes), which by the right of trust are managed, used and disposed of by the local governments, may be used in the sphere of hydro-energy after small hydroelectric power station have been installed in them. The hydro-technical complex shall consist of a dam and hydro-technical constructions located therein; 1.
- in the event the state-owned hydro-technical complexes are planned to be used to install a small hydroelectric power station, the municipal Council shall adopt a decision on announcing a tender for the lease of that complex to hydro-energy; 1.
- the state-owned hydro-technical complex may be leased to hydro-energy for not longer than a 99-year period; 1.
- the lease of the state-owned hydro-technical complex shall be started to be started to be calculated and paid to the state budget of the Republic of Lithuania in the fourth year of the lease of the hydro-technical complex; 1.
- unless the present resolution specifies otherwise, the provisions of Resolution No. 1524 of 14 December 2001 of the Government of the Republic of Lithuania “On the Lease of State and Municipal Long-term Material Property” shall be applied to leasing the state-owned hydro-technical complexes.
- To approve the procedure and terms and conditions for leasing state-owned hydro-technical complexes for agricultural purposes to hydro-energy (attached).
- To recognise as null and void Resolution No. 1006 of 5 August 1998 of the Government of the Republic of Lithuania "On the Use of Hydro-technical Complexes for Agricultural Purposes in Hydro-energy” (Official Gazette Valstybės žinios No. 71-2074, 1998). Prime Minister Algirdas Brazauskas Minister of Agriculture Jeronimas Kraujelis aPPROVED by Resolution No. 651 of 9 May 2002 of the Government of the Republic of Lithuania PROCEDURE AND TERMS AND CONDITIONS FOR THE LEASE OF STATE-OWNED HYDRO-TECHNICAL COMPLEXES FOR AGRICULTURAL PURPOSES TO HYDRO-ENERGY I. GENERAL PROVISIONS
- This Procedure and Terms and Conditions shall regulate the lease of state-owned hydro-technical complexes for agricultural purposes to hydro-energy.
- A tender for the lease of each separate hydro-technical complex shall be announced.
- The basic criteria of the tender for the lease of a hydro-technical complex to hydro-energy shall be the amount of the annual lease. In announcing a tender the initial annual lease shall be established – 2 per cent of the potential average value of many years of generation of electricity energy calculated according to the following equation: E = 8 QHPT, where: 8 is the power coefficient; Q is the river’s average debit of many years (in cubic metres per second); H is the height of head of water (in meters); P is the average kWh price of electricity bought by the state (in Litas); T is the number of hours per year.
- Water bodies shall be used for hydro-energy in the procedure established in the Republic of Lithuania Law on Water (Official Gazette Valstybės žinios No. 104-2615, 1997). II. HANDLING OF DOCUMENTS NECESSARY TO INSTALL THE SMALL HYDRO-ELECTRIC POWER STATION
- After the decision to lease a hydro-technical complex to hydro-energy has been adopted, the manager of this property shall: 5.
- apply to the Ministry of Environment to obtain a permit to use water bodies for the needs of hydroelectric power station; 5.
- in case of need, use the procedures in the manner prescribed in the Republic of Lithuania Law on Environmental Impact Assessment (Official Gazette Valstybės žinios No. 82-1965, 1996; No. 39-1092, 2000); 5.
- draw up a detailed plan of the state-owned plot of land planned to be leased; 5.
- obtain from the owner of electricity networks the initial terms and conditions of connecting to the existing electricity networks.
- The leaseholder shall finance the technical and working designs of the use of the hydro-technical complex for hydro-energy and their carrying out.
- The technical design of the use of the hydro-technical complex for hydro-energy must be drawn up and co-ordinated in the procedure established by construction technical standard documents and the Republic of Lithuania Law on Environmental Impact Assessment.
- A natural and legal person that has a certificate of qualification and has received a collection of designing terms and conditions necessary to the technical design of the use of the hydro technical complex in hydro-energy (a complex construction document) from the local government shall draw up the design. The design shall contain the terms and conditions of designing electricity supply established by the electricity network enterprise, which shall specify: 8.
- terms and conditions of connecting a hydroelectric power station in the total electricity system; 8.
- installation of electricity accounting equipment; 8.
- requirements of safety technology.
- The leaseholder of the hydro-technical complex shall take over the hydro-technical complex from the institution that operated it, all the functions of supervising that complex, the duties established by the laws of the Republic of Lithuania and shall be responsible for their non-fulfilment or their improper fulfilment on the day of entering into effect of the contract.
- The contract on the lease of the hydro-technical complex must contain the term that if the leaseholder of the hydro-technical complex fails to start construction of the hydroelectric power station one year following entering into effect of the contract, the contract shall be cancelled.
- Expert examination of technical and estimate documentation of the use of hydro-technical complex in hydro-energy, which is co-ordinated with the interested authorities and state supervision of construction shall be carried out in the manner prescribed by laws of the Republic of Lithuania and other legal acts. ––––––––––––––––