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Although the RA Administrative Court allowed the claim of “Vayq Metal” company, Gladzor mine cannot operate without a positive EIA conclusion

10.06.2017

SONY DSC On May 30, the RA Administrative Court allowed the claim of “Vayk Metal” LLC against the Ministry Energy of Infrastructures and Natural Resources of RA and annulled the Ministry’s rejection of obtaining subsoil use permit for mineral extraction of Gladzor polymetallic mine. The Court reasoned that through the challenged decision has been violated the rights of the plaintiff.

According to the verdict issued by Karen Avetisyan, judge of the Administrative Court has not been only annulled the rejection, but it was decided to confiscate 400 thousand AMD from the Ministry Energy of Infrastructures and Natural Resources of RA in favor of “Vayq Metal” LLC, as a state fee compensation. The decision comes into force after one month from the date of publication.
As explained the lawyer N. Vardanyan, the court had not concerned the issue of the mine existence, but explored only the administration process in which the Ministry has failed. Although the allowance of the claim, the company has not the right to exploit Gladzor mine, the lawyer said the company should launch a new process for obtaining permission.

However, without a positive conclusion of the MNP the company cannot implement the activity planned, which states the Article 20 of the law on the EIA: “Without positive assessment conclusion, the implementation of intended activity liable to environmental impact assessment is prohibited.” (RA LAW ON ENVIRONMENT IMPACT ASSESSMENT).

Another court case is in the process: “Vayq Metal” LLC appealed to the Court of General Jurisdiction of Ararat and Vayots Dzor regions against Gladzor municipality for hindering the access of heavy equipment to the mining area.

Ecosphere referred to the details about the above mentioned court case held on May 30, as well as the company’s claim against Gladzor municipality:
https://soundcloud.com/armradio/0x9cz5g1vz7u?utm_source=soundcloud&utm_campaign=share&utm_medium=facebook.

In the course of these judicial muddles the issues on possible developments and providing legal advice to the affected communities to protect their environmental rights were discussed at Yerevan Aarhus Center.

Yerevan_08_06

Mari Chakryan
“Public Awareness and Monitoring Center” NGO
Translated by Anush Beybutyan