Environmental Studies, The Certification Of The Environmental Specialists And Attestation Commission

• Published date: 10 December 2020
• Subject Matter: Environment, Energy and Natural Resources, Environmental Law, Water
• Law Firm: Maravela, Popescu & Asociatii
• Author: Ms Ada Pascu and Alina Savastre

An overview of water law recent updates in Romania

1. General context

The slow and lengthy process of completing the cadastral works and real estate publicity seems to affect not only the private property, but also the public one. In this context where the lands are not delimited and registered with the national Land Book Registry ("Land Book"), both the private investments and the projects of public interest and utility are hampered. Therefore, there was necessary to establish a complete and optimal legal framework, capable to ensure the complete evidence of assets falling under the public property of waters. The regime of waters and land areas of riverbeds are under the provisions of Water Law no. 107/1996 ("Water Law"). This background given, Law no. 122/2020 amending and supplementing the Water Law ("Law 122/2020") was enacted by the Romanian Parliament and published in the Official Gazette of Romania on July 13, 2020.

As anticipated, the amendments brought to Water Law aim mainly to accelerate the registration with the Land Book of the public property of waters and land areas of riverbeds. Law 122/2020 also brings several amendments and completions with respect to the protection and preservation of water resources and the conditions for carrying out certain activities on water or related to it. Thus, these legislative novelties will provide the infrastructure development, will encourage the private investments and will ensure the monitoring and scientific research of the quality of waters.

In a nutshell, the legal novelties brought to Water Law concern the following aspects:

• registration with the Land Book of the public property right over the assets included in the public regime of waters;
• the use of lands included in the public regime of waters;
• the regime of the water management permits and authorizations;
• water protection and preservation.

2. Land Book registration

First of all, it is important to note that, as provided by Water Law, the lands and constructions included in the public regime of waters are under the management of the "Romanian Waters" National Administration ("Water Administration").

As presented herein above, the simplifications brought to the economic environment mainly refer to the tabulation process. Therefore, Law 122/2020 provides three new ways for registering with the Land Book of the public property right over the assets falling under the public regime of waters, as follows:

• the public property right of the State over...