Center for Environment and the citizens’ association “Dolina Plive” from Jezero have successfully challenged the decision of the Ministry of Energy and Mining of the Republic of Srpska, which had granted the investor “SNK Metali” d.o.o. Bijeljina an extension of the exploration period for conducting detailed geological research of lead, zinc, copper, barite, and associated metals in the exploration area “Jezero”, municipality of Jezero.
In its ruling, the District Court in Banja Luka noted that the Ministry had extended the exploration period based on vague claims about the level of completion of geological research, as the legal requirement of at least 75% completed research had not been substantiated in any way.
The court found that the annulled decision also lacked other essential information, such as the project name, coordinates, the maximum quantity of mineral raw material that could be extracted for testing purposes, conditions and limitations to be followed, the amount of compensation, the deadline for submitting the research report, and the obligation to restore the land to its original condition.
In addition, regarding the same project, the court also issued a favorable ruling in favor of Tihomir Dakić, president of the Center for Environment, who had filed a lawsuit in his personal capacity concerning access to information. The positive court decision came after a prolonged dispute over the disclosure of project documentation, and the requested information is now expected to be published, potentially shedding more light on the project.
“The court has once again ruled in favor of the citizens — in favor of public interest and the right of every individual to access information of public importance. This is yet another confirmation that all institutions must comply with the Law on Free Access to Information. The Ministry’s shameful behavior in this and many other cases, hiding behind alleged damage to the institution, is cowardly and raises the question: do institutions funded by the citizens actually work in their interest? Who does the Ministry serve then — the interests of individuals? I expect the Ministry to respect yet another court ruling that is in favor of the public,” said Tihomir Dakić.
Mirela Hajder, a member of the citizens’ association “Dolina Plive” from Jezero, emphasized that they had filed lawsuits both individually and as an organization related to this case.
“We hope that the wishes of the residents of Jezero will finally be respected soon and that all exploration, as well as potential exploitation of any risky resources in this water-rich area, will be abandoned! The Pliva River is of great importance for the survival and development of tourism, not only in our municipality but in the region as a whole. We call on and demand from the municipal representatives — elected by the people of Jezero — to respect the will of all citizens and protect the environment. That is our only goal: to protect nature, as well as the survival and advancement of our municipality. We are happy with the court ruling because it gives us hope that the entire Pliva River basin, including the municipality of Jezero itself, will be protected. We now have a court ruling that gives us the right to preserve the environment and continue living on our land. The fight to save Pliva and Jezero is worth even greater effort and struggle. This is a fight for us, for our children, and for a healthy life. We are encouraged and will continue the battle!” said Mirela Hajder.
She also noted that protection is expected from the local government, which, as she stated, has already taken the right stance several times, although higher-level authorities have not respected it and have even amended laws because of it.
Namely, among the controversial aspects of the amendments to the Law on Geological Research of the Republic of Srpska is the lack of provisions specifying the maximum allowed quantities of ore that can be extracted during exploration. These limits had been included in the previous law. Due to this and other contentious provisions, the Center for Environment submitted an initiative to the Constitutional Court of the Republic of Srpska to assess its constitutionality — an initiative that was not accepted.
“As the new legislation — whose constitutionality was not assessed by the Constitutional Court of Republika Srpska — now allows for quantities bordering on exploitation, maintaining proportionality between these quantities and the protection of the right to a healthy environment is of fundamental importance in this case, as well as in the general application of the new law,” warned Redžib Skomorac, legal advisor at the Center for Environment.