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The government's decision to modify the management plan of the Pirin National Park on the sole basis of a second elevator in the Bansko ski area but the opening of the site in the protected area was canceled by a three-member tribunal. BAG). The decision of the magistrate
can be appealed within 14 days
This effectively cancels the cabinet decision taken at the end of December 2017, which gave the green light for new construction in Pirin Park, although a number Eco-organizations were against and wanted an environmental badessment of the impact of the change of the plan on the environment. This decision was appealed by the World Wildlife Fund WWF and the Association of Parks in Bulgaria and is now revoked
The grounds of the court are that the Council of Ministers violated the legal requirements not only by not making no ecological badessment of the change of the plan, but the wording of the decision is not clear and creates the possibility of circumventing the existing prohibitions in other normative acts for constructions in protected areas
According to the decision of the SAC with the change of the management plan Pirin the laws for environmental protection the environment and biodiversity and the statutory duty of the government to protect protected areas as a national and universal human wealth n & n Is not respected
The court ruled in favor of environmentalists in the dispute if the formulation of building permits for the basin increases the authorized area for construction in the park
The magistrate's decision recalls that the law on protected areas (PPA) prohibits the construction, in addition to shelters and tourist cottages, drinking water abstractions, facilities purification of buildings and facilities for park management and visitor maintenance, underground communications, repair of existing buildings, roads, sports facilities and others
In the case of the administrative act making the purpose of the call, construction of watersheds, construction and extension of ski slopes, construction of cable cars and technical infrastructure that accompanies them
The Court notes in its decision that "the act him -not even mentioned, and no evidence has been presented in the case where the proposed water abstraction is "The opposite is established by the report of the Minister of the Environment and Environment." of Water , which explicitly states that the possibility of building watersheds is related to the modification of the regimes of the two zones – III and IV, which provide for the construction of tracks and the technical infrastructure that accompanies it, c 39 that is, the watershed provided for the purpose of future construction, "says the SAC and shows how the firm speaks, and another is contemplated
The construction of water intakes planned by the 39 administrative act the extension and extension of the ski slopes and the technical infrastructure that accompany it contradict the prohibition of construction in the national park, according to the magistrates. "19659002" Although the construction of cable cars is a construction at the service of all visitors to the park, related to the construction and extension of the ski slopes, which undoubtedly represent sports facilities in the sense of the 39, Article 21 (1) of the PAA, "the judges added.They do not share the view of the Council of Ministers that the word" to repair "in the decision refers only to existing buildings
court does not agree with the government and it is not necessary to carry out an eco-badessment of the change of the park Pirin "The law on the protection of the environment , provided for in Article 81 (1), point 1, provides that "the environmental badessment and the environmental impact study shall be carried out on plans, programs and investment proposals for the construction, technologies or their modifications or extensions, e n chi It is possible that significant environmental impacts are possible. That the Minister of the Environment and Water does, although the current Neno Dimov says that this should not be the case, his formally formal solution is lacking
. the Pirin Plan does not have specific parameters related to the construction and use of natural resources, the government decision modifies the norms, regimes, conditions and recommendations for the implementation of the activities, as in the field of the protection Forest Ecosystems This requires the Minister of the Environment to badess whether it is necessary to conduct an environmental badessment of the change to the park management plan Pirin, judges consider
to see if the Cabinet will appeal the decision of the three members
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