Several laws are amended with the transitional and final provisions of the Tax-Insurance Procedure Code, including:
- Agricultural Land Preservation Act (ALPA);
- Renewable Energy Act (REA).
The amendments are in force since their promulgation in the State Gazette on 22.12.2023.
Construction and/or extension of sites for generating electrical energy from renewable sources using photovoltaic (solar) systems
It is about the amendments in the ALPA.
- The allowed agricultural lands
Construction and/or extension of these sites is on non-arable agricultural lands in the fifth and sixth categories is already prohibited. Non-arable agricultural land of the seventh to tenth category or uncategorized remain allowed. This is not applicable when the electrical energy production is for personal use.
- The change of the purpose of the agricultural lands
The agricultural land is considered to have changed its purpose of use since the enactment of a detailed development plan (DDP) if the DDP specifies the construction of a national or municipal facility of significant importance that becomes public state or municipal property, or the construction of a renewable energy production facility.
Interested individuals or legal entities are now required to submit to the Minister of Agriculture and Food (MAF) a copy of the detailed development plan (DDP) that has come into force, along with a certificate of its enactment, a list of affected properties, and the necessary documents for changing the land’s purpose of use. Furthermore, rules have been established for issuing a certificate to facilitate the ex officio recording of the change of purpose of use of agricultural land in relevant registers. The amendments also include provisions for determining and paying fees, appealing refusals, considering suggestions for revoking decisions, and other related matters.
What happens with the initiated but not completed procedures for change of the purpose of use of agricultural lands?
Procedures will be considered incomplete if proposals for approving construction sites and/or routes, or for changing the purpose of use of agricultural land, were submitted to the MAF or the relevant Regional Directorate “Agriculture” (RDA) by October 13, 2023.
Procedures initiated but not completed by October 13, 2023, will continue to be processed in accordance with the procedures existing before the amendments.
Procedures for changing the purpose of use of agricultural land of the fifth or sixth category under the ALPA, which were initiated but not completed after October 13, 2023, shall be terminated.
The change of purpose of use of agricultural land for which a DDP for the construction of renewable energy production facilities was approved before the amendment to the REA in Official Gazette No. 86/2023, and for which a suggestion for change of purpose of use has not yet been submitted to the MAF or the relevant RDA, shall be conducted in accordance with the procedure outlined in the amendments to the REA dated December 22, 2023.
Connection requests to the relevant network
The amendments here concern the application of the REA.
- The electronic registers
The electronic public registers maintained by the transmission system operator and electricity distribution system operators for submitted connection requests to the relevant network shall not contain commercially sensitive information. Access to these registers will be granted solely to the applicant for connection under that procedure.
- The signing of a connection agreement
If no request for signing a connection agreement has been submitted, any security (deposit or bank guarantee) provided by the producer of electricity from renewable energy sources to the operator of the relevant grid shall be returned to the producer. In cases where costs have been incurred by the relevant operator for connecting the site with the written agreement of the producer, the security shall be released up to the amount of the costs incurred but not paid.
