GREECE Law and Practice Contributed by: Evangelos (Evans) Courakis, Evangelos Mylonas Tsoumas, Sofia Andreanoudi, Vassiliki Xynou and Ioanna Marouso Argyriou, Koutalidis Law Firm
4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities The ETA for the installation of transmission lines usually requires that the works are executed with the minimal environmental impact possible. This includes measures to protect natural habitats, such as avoiding protected areas and using alternatives to minimise disturbances. Addi- tionally, the works must adhere to regulations on pollution control, noise and waste manage- ment. The terms also emphasise the importance of maintaining biodiversity, with specific actions like mapping and safeguarding bird habitats, restoring vegetation and ensuring that construc- tion activities do not harm local ecosystems. Continuous monitoring and compliance with environmental standards are mandated through- out the project’s lifecycle. The process for amendments to the issued environmental permit depends on whether the changes substantially impact the environment. For non-substantial changes, which typically include improvements like cleaner fuels or better waste management, the authority will review and decide within ten working days. If the changes are deemed substantial, the procedure is length- ier and more rigorous, requiring the submission of a new Environmental Impact Assessment Study. For minor adjustments that do not signifi- cantly alter the project, a notification would most likely be sufficient, albeit the authority has 15 working days to assess the matter and request a full modification process if deemed necessary.
4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities Transmission and distribution operators in Greece usually secure the rights to install trans- mission lines, through an easement, which is either contractually agreed or imposed against landowners via expropriation. In particular, the applicable law provides that infrastructure like transmission networks, substations and roads are considered projects of public utility. Thus, if securing an easement on private property is necessary for these projects to be implement- ed, then such property may be expropriated in accordance with the usual expropriation process (Law 2882/2001). The entity benefiting from the expropriation bears the costs and must com- pensate the landowner for any damages or loss of use resulting from the construction activities. For public forestry areas, the applicable law grants transmission and distribution operators the right to relocate or modify existing electric- ity networks without needing approval, requir- ing only notification to the forestry authority. Forestry authority approval is required for new installations, except for underground networks in forests, which only require a notification to the authorities. Operators must, nevertheless, sub- mit and implement vegetation restoration plans for disturbed areas. Private forest land may be accessed by opera- tors without the forest owner’s consent, though they must compensate the latter for any damag- es. Additionally, the law provides for compulsory expropriation in the case of installation of elec- tricity transmission and distribution networks in such areas without the need to obtain a forest intervention permit.
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