Due to an inadequate procedure in connection with the obtained permits for the construction of the section of the promenade on the banks of the Vrbas River in Banja Luka, Center for Environment yesterday filed a lawsuit in an administrative dispute against the PI “Vode Srpske”, in which it points out a number of irregularities in the process of issuing water guidelines, which is also the only act that is currently available to the public regarding the works being carried out on Vrbas.
One of the main irregularities relates to the fact that the public was not informed in a timely manner, nor adequately, that the City of Banja Luka submitted a request for the issuance of water guidelines.
“The Law on Waters of Republic of Srpska and the Rulebook on Water Acts, as a subordinate regulation, clearly and unambiguously prescribe the procedure for issuing water guidelines, as well as other water acts, and specify the content that such acts must contain. Evident procedural deficiencies that appeared throughout the procedure in this specific case, which are also reflected in the statement of reasons of these water guidelines, indicate that the procedure was not carried out in accordance with the aforementioned regulations. As a result of the improperly conducted procedure, the water act issued in this case is unlawful”, Sonja Kosanović, lawyer at Center for Environment, pointed out.
In addition, the relevant institutions were not consulted in the process of issuing water guidelines, due to the fact that the works should be carried out (that is, they are already being carried out) in the first protection zone of the area that has been declared a national monument.
All this points to the urgency of the procedure and the need to carry it out only formally, without an actual examination and determination of the factual situation.
Chronology of illegalities
We remind that we previously filed a criminal complaint with the District Public Prosecutor’s Office in Banja Luka against the authorities from the City Administration of the City of Banja Luka, due to a series of legal violations related to the works on the promenade on Vrbas, i.e. due to the following acts: illegal occupation of natural property, environmental pollution, destruction or damage of protected natural values or goods, destruction of the habitat of protected species, and removal or violation of the official seal, negligent work in the service and abuse of official position or authority.
Four months after the illegally started works, and the stopping of them by the republican inspection, the works continued, and today the mayor of Banja Luka with his associates toured the new section of the promenade, held a media conference and announced that all permits have been obtained.
On this occasion, Center for Enivronment reminds citizens of the history of this case and its implications for Vrbas, but also for our society.
The controversial works began in June this year, while the water guidelines were only issued on September 19, 2025, almost three months after the destruction of the riverbank and riverbed began.
Water guidelines are by no means the end of the process, because they only serve to complete the project on the basis of which a request for a water permit is submitted, and after receiving that document, a request for a building permit is submitted. The City Administration received the water permit for this undertaking only on October 14, i.e. almost four months after the excavator entered the riverbed.
“We can really agree with some of the mayor’s statements today – it is definitely about humiliating institutions and procedures. The fact is that work was done on this unmarked construction site before permits were obtained. The City Administration claims that all permits have been obtained, for now we have to take their word for it, since they have been ignoring our requests for information for four months. We repeat: Center for Environment is not against the promenade! But we are very much against violating legal procedures, humiliating the profession and the rule of law”, Igor Kalaba from Center for Environment pointed out.
Questions for the City Administration
- How does the City Administration of the City of Banjaluka explain the initiation of works without obtained permits, what kind of signal is that for the citizens? If the digging of the river and its banks is started without water guidelines, it means that there is not even a finished project, not just a permit. What kind of message is that for citizens who themselves would in some cases like to build on the coast, and subsequently legalize the works, in who knows what way?
- How does the City Administration comment on the fact that part of the works entered the zone of the first level of protection, that is, the area of Srpske Toplice (thermal springs in Gornji Šeher), including the famous Vrućica, which was declared a national monument of Bosnia and Herzegovina by the decision of the Commission to Preserve National Monuments? Is there an authorization for interventions in the protected zone?
- If everything was always fine, why does the City Administration of the City of Banjaluka continue to violate the law by remaining silent on our requests for access to information, to which they are legally obliged to respond?
- How does the City Administration comment on the condition of the previously completed promenade, where in many places you can see the protruding reinforcement and the foundation that the river washed away, and the promenade itself in parts “hangs” above the water because of this?
We have not received any answers to any question since June, and we believe that the non-transparency of the process, which involves interventions in the public space, is absolutely reprehensible.
“We also note that we will not allow anyone to use us through this case for cheap political fights and gaining political populist points, and that Center for Environment is a non-political organization, that is, an association of citizens that will always react to the violation of the right to a healthy environment, regardless of the party or any other affiliation of those who violate that right. In our 26 years of existence, Banjaluka has changed at least 4 mayors, and who knows how many workers in the City Administration and with all of them we were willing to cooperate, but not at the cost of self-censorship or ‘looking through the fingers”, concluded Igor Kalaba.