Law of Ukraine
"On the Power Engineering Lands and the Legal Status of Special Zones of the Power Engineering Objects"
Date of entry into force:
August 17, 2010
The Law determines the legal and organizational principles of granting and using land plots to locate power engineering objects, of determining and maintaining the legal status of the special zones of power engineering to ensure uninterrupted functioning of such objects, reasonable use of land, as well as the safety and protection of the population and economic objects against the impact of possible emergencies.
Article 6 of the Law establishes that power engineering lands include lands that were, according to the procedure established by the law, transferred into ownership or usage for the purposes of locating, constructing and operating objects used to produce and transport power and heat energy; alternative power engineering objects; technological infrastructure objects related to power engineering objects, including administrative and production buildings of enterprises conducting appropriate activities.
Article 12 of the Law envisages that the following restricted zones are established to protect power engineering objects of particular importance:
- prohibition zone of a nuclear facility and a site designated for nuclear waste handling;
- protected zone of a nuclear facility and a site designated for nuclear waste handling;
- prohibition zone of hydroelectric technical facilities;
- controlled zone of hydroelectric technical facilities.
According to Article 14 of the Law, state-owned and communal-owned land plots are transferred into ownership and usage (including rent) for the needs of the energy sector by decision of the bodies of executive power or bodies of local self-government.
Power transmission objects can be located on land plots of all land categories without changing their target purpose.
Article 16 of the Law establishes that enterprises that construct or operate power engineering objects or power transmission objects have the right to use land plots under land servitude agreements with the land plot owner or user.
The land servitude right is created after its state registration.
According to Article 18 of the Law, special power engineering object zones are established to ensure reliable operation and security of power generating objects:
- nuclear power plant sanitary and protective zones;
- nuclear power plant surveillance zones;
- power engineering object exclusion zones;
- power engineering object sanitary and protective zones;
- main heating system exclusion zones.
Article 24 of the Law establishes the dimensions of exclusion zones, and sanitary and protective zones for power engineering objects.
Scheduled repair and reconstruction works on power transmission lines passing through agricultural zones are carried out after harvesting, by coordination with the land plot owner or user (Article 31 of the Law).