On 16 May the court hearing on Gladzor polymetallic mine was held in Administrative Court of Armenia. “Vayq Metal” LLC is demanding to annul the rejection issued by RA Ministry for Energy Infrastructures and Natural Resources on the right to soil management for the purpose of Gladzor polymetallic mine. The plaintiff dropped the claim against RA Nature Protection Ministry to annul the negative opinion issued to the EIA of Gladzor polymetallic mine. The environmental opinion is not considered to be an administrative act, but it is considered to be as evidence. The court hearing was presided by Judge Karen Avetisyan, the participants were plaintiff’s barrister Arsen Martirosyan, respondent’s representative Ruzanna Piloyan from RA Ministry from Energy Infrastructures and Natural Resources and Levon Gevorgyan, a representative from RA Nature Protection Ministry. RA Ministry from Energy Infrastructures and Natural Resources based on the negative opinion on the EIA of Gladzor Mine issued by 'Environmental Expertise' SNCO of RA Nature Protection Ministry, rejected to issue soil management right of Gladzor polymetallic mine to 'Vayq Metal' LLC.
Judge Karen Avetisyan asked Ruzanna Piloyan, the representative of RA Ministry from Energy Infrastructures and Natural Resources, 'It doesn't come from the logic of law, if the opinion is negative, the Minister doesn't have any discrestion and shall immediately reach a decision on rejecting granting the right. Any soil management presumes to have impact on environment. Whether this impact can ever be positive?' Ruzanna Piloyan, 'It depends on the project and technologies presented by the soil manager. The project submitted for envornmental expertise was issued a negative opinion. The environmentalists examined whether or not the project impact is within ranges. If the opinion is negative, it's impossible to issue a permit to the soil manager. We have never had a precedent to issue a permit with a negative opinion.' 'Vayq Metal' Barrister Arsen Martirosyan said that they consider the negative opinion issued by RA Nature Protection Ministry as groundless, as no expert assessment has been carried out as such. During the proceedings it turned out that RA Ministry from Energy Infrastructures and Natural Resources has sent a letter on the rejection to the company, which is not an administrative act, meanwhile a decree on rejection should have been sent, which would be considered to be an administrative act. During the court proceedings it turned out that RA Ministry from Energy Infrastructures and Natural
Resources didn't hold hearings on the rejection of soil management in the frames of administrative proceedings. The court trial was accomplished, while the decision will be read at 9:00 on 30 May.
19:01 May 16, 2017