The company "Bemax" will have to remove the asphalt and concrete base it owns at the Haj-Nehaj quarry in Bar, after the Mining Inspection made such a decision and determined that these bases are not mining facilities, but construction facilities. The Inspection made the decision in early July, stating that the construction application for these bases was submitted to the local Municipal Police, not the inspection.
"Bemax" told "Vijesti" that they will appeal this decision, that the inspection has visited the quarry there dozens of times so far - but that there have never been any objections. They also emphasized that they have had an exploitation contract at this quarry since 2020.
"The company "Bemax" is ordered to remove, within 15 days of receiving this decision, the temporary construction facility - the asphalt base that was built on cadastral plot 1731/11 in the cadastral municipality of Mišići, Municipality of Bar, and is located within the approved exploitation field "Haj-Nehaj", as well as to remove, within the same period, the temporary construction facility - the concrete base that was built on 1723/2, which is also located within the approved exploitation field...", it is emphasized in the mining inspector's decision, which "Vijesti" had access to, with the note that the appeal does not postpone the implementation of this decision.
"Vijesti" requested answers about this case from the Ministry of Energy and Mining, which is responsible for the work of the Mining Inspection, two weeks ago, but they had not been delivered by the time this issue was published. Questions were also sent to the Municipality of Bar the day before yesterday, including whether the bases at this location were built legally, whether they were issued a permit and how. The Municipality has announced that the answers will be available at the beginning of next week.
Only objects for exploitation
The Mining Inspection was initially notified, which "Vijesti" had access to, and which states that the "Bemax" company has an unauthorized asphalt and concrete base at the Haj-Nehaj quarry, i.e. that the facilities are not in accordance with the Mining Law. The document, submitted by residents of Bar who live near the quarry, claims that these bases are not mining facilities because they are not primarily used for the exploitation of construction and technical stone - and therefore should be removed immediately.
"If the concessionaire's representatives believed that the asphalt and concrete bases were buildings, which are understood to be residential buildings, then it is evident that with the help of the local administration of the Municipality of Bar, they grossly misused the space, and thus burdened the small tourist resort with dangerous exhaust gases generated by the operation of industrial plants, which have no place there," the complaint states.
Based on this report, "Vijesti" sent questions to the Ministry of Energy and Mining, after which, based on these inquiries, an initiative was formed for the Mining Inspection to visit this quarry.
The inspector went to the field in early July and determined that there were concrete and asphalt bases at this quarry, and based on the documentation, he asked "Bemax" to submit a construction application for both bases. The construction applications state that these are temporary structures, and that under the old Law on Spatial Planning and Construction of Structures - the construction application was submitted to the competent local inspection, namely the Municipal Inspection of the Municipality of Bar.
"What is indicative is that the prescribed form on which construction applications were made for both facilities is addressed to the "Communal Police", and according to the law "the communal police is not a local inspection body". Facilities for catering and accommodation of employees and business facilities outside the exploitation field are not considered mining facilities and plants, and that the concrete and asphalt bases in this specific case are not mining facilities but temporary construction facilities", the inspector's report states...
The inspector also referred to Article 30 of the Mining Law, namely that only facilities that serve the purpose of exploitation may be built on exploitation fields and tailings dumps.
“Bemax has all the papers”
The "Bemax" company emphasized that the "Vijesti" journalist initiated the inspection together with the mining inspector, and that they possess complete documentation for the operation of concrete and asphalt plants at the Haj-Nehaj quarry, as well as all bases in Montenegro that received a usage permit in the regular procedure.
"Vijesti" requested paperwork from the company regarding this case, but "Bemax" stated that it was unnecessary to send the documentation because the inspector had already sent it to the reporter - although this has not yet happened.
"We would like to point out that the Haj-Nehaj quarry has existed for more than 60 years and that during its operation it was, among other things, owned by a state-owned company from the SFRY. The company "Bemax" signed the concession agreement in 2020. The inspection is not the inspector's first inspection. During the operation of the quarry, the aforementioned inspector came to inspect the site every three months and in the past five years we have had dozens of inspection inspections. During the inspections so far, the inspector had no objections. After the last inspection, we received a decision yesterday and will file an appeal with the competent authority within the legal deadline. We would like to thank you for personally engaging in inspecting only our documentation. Finally, we have one question for you: Considering that you and the inspector are engaged in investigative journalism, are you aware of how many existing asphalt bases, which are owned by various business entities, have complete documentation for operation?", emphasized "Bemax".
The journalist responded to "Bemax" via email that he did not know the mining inspector, nor did he personally initiate an inspection of the quarry where they work, but rather that the Mining Inspection made such a decision based on the questions sent.
In a follow-up email, "Bemax" pointed out that when the report was being prepared and in the presence of three engineers from the company, the inspector said that they could build a hotel in the concession area, but that they could not lay an asphalt and concrete base, and that they would probably confirm these allegations in court.
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