2.7 ENVIRONMENT AND SPATIAL PLANNING The Government and the Ministry of the Environment and Spatial Planning did not state their positions on our findings about the lack or absence of cooperation of the public in activities concerning the environment and physical space. The disregard of the public and the ratified Aarhus Convention leads to many violations, as is evident from the cases presented below. We commend the monitoring of noise emissions implemented by the competent Environment and Nature Inspection Service; however, mere inspection procedures will not lead to the desired effects. A comprehensive systemic arrangement of the field of noise is lacking, since not every noise is currently determined as a source of noise which would be subject to regulation. In its response report, the Ministry of the Environment and Spatial Planning presented measures to eliminate backlogs in the field of land with water use. The situation is expected to improve. The legal basis for reorganising water management was established with the Act Amending the Waters Act (ZV-1E; Official Gazette of the Republic of Slovenia [Uradni list RS], No. 56/2015). The Directorate for Water of the Republic of Slovenia was established, which also functions as a body affiliated to the Ministry of the Environment and Spatial Planning. The Directorate combines all management tasks, including improved implementation of administrative procedures in water management (property management, permits for spatial development and the awarding of water rights). The Ministry also presented measures for the rehabilitation of the Meža Valley in its response report, for which the financial resources needed were reduced due to cost-cutting, to which the Ombudsman explicitly objects. The Ministry explained in detail the activities for the rehabilitation of the Celje Basin; we met representatives of the Ministry to discuss this matter at the Ombudsman’s head office. Regarding the pollution in Zasavje, the Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning issued a decision prohibiting the activity of the company, Lafarge Cement, d. o. o., Trbovlje, which was also the Ombudsman’s proposal. The case is currently at the administrative court. The Government did not state its position on our explicit recommendation that the Ministry of the Environment and Spatial Planning prepare a systemic solution to acquire authorisations for measuring emissions into the air and ensure the independent supervision and financing of measurements; however, the Government provided tasks, measures and incentives adopted on the basis of the ordinances on air quality at municipal level and the state with the aim of improving air quality and which were being implemented. The Ombudsman is not satisfied with the reporting of the Ministry of Education, Science and Sport (MIZŠ) about the limitation of funds for implementing the Programme for the systematic monitoring of the working and residential environment in 2014. The rehabilitation of locations where excessive radon values were established has also not been taking place at a suitable pace. Due to the potential connection of increased radon concentrations and the energy renovation of buildings, the preparation of systemic solutions is urgent, particularly given that the legally permissible threshold of radon concentration is to be lowered from 400 Bq/m3 to 200 Bq/m3. Thus the Ombudsman supports the proposal of the Ministry of Education, Science and Sport to establish a national group to prepare guidelines for planning and building kindergartens and schools in Slovenia. At the proposal and recommendation of the Ombudsman that the priorities of inspection services’ work be determined in a regulation and not merely by an internal act of an individual inspection service, the Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning responded that it had proposed to the Ministry of the Environment and Spatial Planning that these priorities be included in the Construction Act. The amendments to this regulation have not been adopted yet. The Ministry of Public Administration (MJU) responded positively regarding the priorities of inspection services’ work, as did the Government, which instructed the ministries, inspectorates as their affiliated bodies and inspection services operating within ministries to publish the criteria for determining priorities and risk assessments on their websites. 106 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 Meetings with ministers, NGOs and other public sector bodies At the beginning of 2015, we met the Minister of the Environment and Spatial Planning to discuss the environment and spatial planning. We spoke about the work of state authorities relating to the company Lafarge Cement, the pollution and rehabilitation of the Celje Basin (we met representatives of the Ministry of the Environment and Spatial Planning regarding this issue on another occasion), the Meža Valley, Zasavje, PM10 particles, acceleration of procedures relating to land with water use, water permits, noise, inspection procedures etc. We hosted a meeting with the current Minister of Infrastructure to discuss the siting of infrastructural facilities in physical space, and we also discussed this matter with the President of the Association of Municipalities and Towns of Slovenia. We held eight meetings with NGOs involved in the environment and spatial planning; three meetings were held outside our office in Ankaran, Mežica and Vrhnika. We also sought and discussed solutions regarding environmental problems and challenges with the Information Commissioner, the Minister of the Environment and Spatial Planning, Dr. Jože Šrekl and Dr. Dušan Plut at the Ombudsman’s head office. 2.7.3 Odours The Ombudsman has been pointing out the need to adopt a systemic regulation on odours for several years (since 1999). A draft decree on odour emissions was published on the website of the Ministry of the Environment and Spatial Planning for a short period in 2009. However, the regulation has not been adopted yet. In its reply to a National Assembly member’s question, the Ministry of the Environment and Spatial Planning responded in March 2011 that a regulation on odours is not needed because these problems could be managed without additional regulations by consistently implementing the existing regulations and observing regulations on spatial planning. In 2015, the Ombudsman discussed noxious odours with representatives of civil society involved in the environment and spatial planning, the Environment Directorate and the Environment and Nature Inspection Service in Vrhnika. The representatives of state authorities stated that activities for drafting suitable legislation were underway. We conclude that responsible authorities at the Ministry of the Environment and Spatial Planning seriously approached the issue of noxious odours. Nevertheless, more concrete measures will have to be taken to realise the anticipated solutions. We will further monitor the activities of the Ministry of the Environment and Spatial Planning when the regulation regarding the odour emissions is being drafted. 2.7.4 Openness, transparency and public access The Ombudsman received several complaints and questions from complainants concerning whether they could access environmental data and what to do if the authorities refuse to divulge data. We explained the provisions of the Environmental Protection Act (ZVO-1), which determine that environmental data are public. We emphasise the importance of realising the right to environmental data, which is also demonstrated in the decisions of the Information Commissioner in such cases. The realisation of this right is particularly important in relation to realising the constitutional right to a healthy living environment. Example: The Ministry of the Environment and Spatial Planning violates the right of the Civil Initiatives of Celje to access environmental information A complainant informed the Ombudsman that he had asked the Ministry of the Environment and Spatial Planning on 19 November 2014 for the Report on the detailed environmental review of the company Cinkarna Celje – Phase II. On 19 December 2014, the Ministry of the Environment and Spatial Planning replied that the Report on the detailed environmental review of the company Cinkarna Celje – Phase II had been prepared for the sale of the company and in compliance with the guidelines on the preparation of the baseline report arising from Directive 2010/75/EU or the Industrial Emissions Directive. The Ministry explained that the document was ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 107 2.7 ENVIRONMENT AND SPATIAL PLANNING 2.7.2 Realisation of the Ombudsman’s recommendations