“Public discussion” on offenses registered in activities of Akhtala Ore Processing Combine CJSC
On the initiative of “Center of Economical and Legal Analysis” NGO and “Center for Community Mobilization and Support” NGO, on August 18 was held a joint discussion in Akhtala on the legal aspects of environmental issues of Akhtala community and offenses recorded in the activities of “Akhtala Mining Plant” CJSC.
On the agenda were included issues related to the legal meaning of expert conclusion BP -31 of ENVSEC dated March 20, 2007, appeal methods, legal importance of natural resource mining project requirements enshrined by the RA Mining Code, the legal consequences of violating them, (including in the context of the draft Code of Administrative Offences of
the RA), procedures of publication of the results of inspections and notification and other.
The discussion was attended by civil society activists of the community, representatives of NGOs, Akhtala Mayor and municipality employees. During the meeting, a detailed subject of discussion became especially the issue of the legal importance of the environmental impact assessment conclusion.
The expert G. Danielyan gave clarification about the grounds for annulment of the expert opinion set out in the Article 21, paragraph 2 of the law.
This legislative norm states that the expertise conclusion will be declared invalid if are violated the form and procedure established by the legislation, as well as if there are new environmental problems, which are not reflected in the expertise conclusions. Thus, the expertise conclusion can be revoked if the competent authority will notify about the newly emerged circumstances, set reasonable time to eliminate them, but appropriate measures have not been taken during that period.
The discussion emphasized that the most efficient way for revocation of the expertise conclusion is to appeal to the authorized body through administrative procedure, moreover, in the case of failure in making a decision by authorized body via grounds established by law or taking unreasonable decisions can be challenged unjust administrative acts or omissions by an authorized body .
Hayk Khachikyan, Akhtala Mayor raised the issue of failure to make allotments from nature management and environmental fees of Akhtala community, with regard to which was presented the fact that no competent authority has taken a corresponding decision, just the Nature Protection Ministry of the RA held discussions, by the results of which, in fact, has been a strict controversial practice, particularly some part of the documents concerning to the issue envisages allotments the other part is not.
Clarification on this issue has been given stating that the Ministry is not entitled to adopt any final decision, especially to perform protocol approach towards the allotments from environmental payments to municipal budgets.
This refers to the state budget, in such circumstances there can be only the RA Law on “State budget” adopted by the National Assembly.
If allocations of are defined by law, the agency cannot ignore any legal requirement to set interest rates.
As a result of the consideration to the experts of “Center of Economical and Legal Analysis” NGO were transferred duplicates of documents relating to controversial issues for discussion, and agreed that after the thoroughly research of it will be prepared the relevant documents for submitting to the administration, including the appeals and complaints, which will be forwarded to the addressee via e-mails.
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“Center of Economical and Legal Analysis” NGO
“To support the government and civil society to resolve problems relating to the environment” program