The waste generated by the treatment of sulphide ores is considered dangerous regardless of the concentration of substances it contains, and the waste from the Brskovo mine would contain mercury, arsenic and cadmium. Montenegro does not have landfills where this waste could be disposed of, and the planning documentation does not provide for the opening of a landfill of this type in Mojkovac, said Gordana Đukanović on behalf of the Environmental Protection Agency (EPA).
She said this by citing the letter that the EPA sent to the Ministry of Energy and Mining today, at the session of the working group, which was formed at the end of January by the head of that department, Saša Mujović. The task of this group is until the end of February, to make recommendations to the Government regarding the concession for geological research and ore exploitation, which was awarded in 2010 to the company "Brskovo mine", behind which is the off-shore company "Tara resources".
So far, six annexes to the basic contract have been concluded between the state and the concessionaire, which extended the deadlines. Should the Government, on the recommendation of the working group, terminate the contract, representatives of the concessionaires have announced an arbitration procedure for damages.
Đukanović emphasized that the legal barrier for Brskovo is also the installation of landfills for non-hazardous waste, if there is a risk of groundwater pollution.
"If there is no possibility of depositing hazardous waste at this location, the only legal option is the export of all waste. We insist on legal restrictions, which prohibit the export of cinnabarite, i.e. mercury sulphide mineral found in this area. This prohibition is absolute," she explained.
The concessionaire's lawyer Luka Popović emphasized that the Minamata Convention is part of the legislation and that the thresholds stated in that document have not been reached. He pointed out that allegations about hazardous waste will be dealt with only after the mining documentation is drawn up, and that these facts are not important until then.
He added that the working group deals with the contract and whether it is valid, as well as waste management, is not relevant. He pointed out that the state gave a concession for Brskovo and that now it does not allow the performance of that work. He also warned of possible consequences, such as international arbitration.
Popović claims that Brskovo is in the middle of the European list when it comes to the concentration of mercury in the country, and that other countries carry out exploitation in similar locations. He also stated that claims about the export of mercury do not apply to this case.
Đukanović emphasized that those countries probably have landfills for hazardous waste, while Montenegro does not. She also pointed out that the state does not have to comply with all the items listed in the Minamata Convention, but the situation is being adjusted for the purpose of implementing the directive, in order to achieve the protection of the natural environment and residents. She added that the authorities confirmed that landfills cannot be opened if they are not provided for in the spatial plan.
She emphasized that it is not important whether it is a gram or a kilogram, but that the ban is absolute and that cinnabarite cannot be exported.
Member of the Municipal Assembly, Miloš Rajković, said that the conditions for terminating the contract with the concessionaire have been met, as well as that the negative opinions of the EPA, the Institute for Public Health and the protector of property and legal relations are not respected. He emphasized that they have 1,1 thousand signatures of the citizens of Mojkovac, that they are ready for radicalization, but that he hopes that it will not come to that.
Željka Čurović from the Ministry of Spatial Planning, Urbanism and State Property commented on the allegations that someone removed mercury from the Draft Detailed Spatial Plan, and said that it was the responsibility of the manager of the planning document. She explained that everyone has the right to submit an initiative about what vision they have for a certain space, and that the planner checks it.
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