Issue of Gladzor Polymetallic Mine in Legal and Court Maze

Issue of Gladzor Polymetallic Mine in Legal and Court Maze

EcoLur

Vayq Metal Company does not give up its intention to start mining in Vayots Dzor Region. The company intends to operate the Gladzor polymetallic mine, though residents of the affected community oppose it. The company does not have a positive conclusion on EIA expertise and permit for soil management. This problem has been circulating in the forensic labyrinth for several years now.
As early as 2016, the Ministry of Nature Protection of Armenia issued a negative opinion to the environmental impact assessment (EIA) application of the Vayq Metal Company to operate Gladzor polymetallic mine. This lawsuit did not benefit the company, as it turned out that the environmental expert assessment report is not an administrative act, is evidence and cannot be disputed in court, and the Ministry of Energy initiated administrative proceedings and denied the company the right to use the subsoil in court.
The company filed a lawsuit against Gladzor community head Armen Movsisyan demanding that the court obligates him to lease community land to Vayq Metal LLC and conclude a land use agreement. Vayq courts obligated Armen Movsisyan to carry out illegitimate actions as he is not entitled to allot community-owned land. I appealed that judgment in three instances, but our appeal was rejected and entered into force.
Armen Movsisyan applied to Gladzor Aldermen’s Council twice to enforce this unlawful decision, which is authorized to grant land and allow the community head to sign a land-use agreement, but twice the council rejected the community head's petitions. It should be noted that the subsoil exploration contract signed with the Ministry of Energy Infrastructure and Natural Resources, on which Vayq court based its ruling, had expired. It is incomprehensible why they want to get this land if they have neither the permission nor the right to operate on that land.
It should be noted that the enlarged Gladzor community is not only against the operation of Gladzor mine, but also on April 29, 2019, the community council adopted a decision to approve the proposal mentioned in the Gladzor community petition. The decision was based on a petition submitted to the head of community and the council signed by 2152 residents of Gladzor, Vernashen and Getap villages within Gladzor community requesting and demanding to ban and in future exclude more mining, metallurgical and metal mining in the administrative district of Gladzor and the implementation of operation-related activities.

In its turn, RA Vayots Dzor Regional Municipality was demanding from court to annul the resolution N 44 on making the community an environmental and economic area and banning metallic mining in the community adopted on 29.04.2019. Administrative Court returned the claim filed by RA Vayots Dzor Regional Municipality against Gladzor Aldermen’s Council mentioning that the claim doesn’t contain any ground, no proof is attached that the authority of the protection of the rights in soil management is vested on the claimant – RA Vayots Dzor Regional Head

15:29 November 25, 2019


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