The Ministry of Sustainable Development and Tourism allowed Russian citizen Petar Orlik to work on the restaurant, which is located on a plot of land in the Tivatska Solila special nature reserve, where it is not possible to build under the Nature Protection Act.
With that, the Ministry overturned the previous decision of the Environmental Protection Agency that Orlik could not operate, because that area enjoys the highest possible level of protection, according to documents that "Vijesti" had access to.
The agency was previously an independent body, but since last year it has come under the jurisdiction of the Government.
The plot on which Orlik will work is part of the once unique land registered in the Tivat cadastre, which was divided into three new ones on March 25, 2010. Although it is, in the decision to declare a special reserve within Solil, it is not stated in the cadastre.
According to the decision on registration in the Central Register on November 4, 2008, the plot is located within a protected area.
Before that, in August 2008, the then Republic Institute for Nature Protection submitted to the Municipality of Tivat a decision on the declaration of Solil as a special nature reserve, and it states the same for that plot. The Tivat Salt Flats, whose area is 150 hectares, have been protected by the international Ramsar Convention since 2013, as a wetland of world importance.
In August of last year, the Municipal Secretariat for Spatial Planning and Building Construction issued a decision to suspend the process of issuing a building permit and ordered Orlik to request a permit from the Agency. In September, he informed the Agency that in July, he received the Urban-Technical Conditions (UTU) from the Ministry for the works on the plot, which "approved or planned the reconstruction of the buildings on that location... all according to the real estate list valid at the time of issuing the UTU".
"The reconstruction of the building will be carried out within the existing dimensions", it is stated in the request to the Agency, which asked the cadastre for a statement.
They were informed by the cadastre that in the real estate list it was determined that "the charge of "nature reserve" for the disputed plot was not recorded.
"The decision of the Real Estate Administration - Regional Unit Tivat dated March 25, 2010 allowed the subdivision of plot 1575/1. The subdivision procedure was not carried out in accordance with the Law on Nature Protection. It stipulates that if, based on scientific findings, it is determined that a change has occurred on certain types of protected areas, the audit procedure is initiated. The procedure is initiated based on the request of the Ministries, local government bodies or managers... The audit of the protected area is initiated by the preparation of the audit study. It was determined that there are no data on burdens and restrictions on plot 1575/3 , but that it is located within the boundaries of the protected area by decision of the Institute", the Agency's decision reads.
In the statement of the Directorate for Spatial Planning to the Agency, it is written that the two newly created plots are in the Spatial Plan of the area of special purpose for the marine resource.
By overlapping the new cadastre and the General Concept of Solil, it was added, it was established that the disputed plot is not located in the "reserve" zone.
In November, the agency issued a decision that Orlik "is not allowed to carry out activities in the protected area of the Tivatska Solila Special Nature Reserve", as well as that "since the Special Reserve was placed under the protection of the Special Reserve in 2008, the audit procedure of that area has not been carried out." Thus, its protection status, borders and spatial affiliation of cadastral parcels remained unchanged", and the Directorate for Spatial Planning did not make a decisive statement on the belonging of that parcel to a protected area, but instead declared on the purpose of the areas within the spatial plan.
The Ministry canceled that decision on December 27 and allowed construction.
The "News" was answered that they do not dispute that the decision of the Institute is that the Tivat salt flats, as a special nature reserve, also include the disputed cadastral plot. They state that the burden of "nature reserve" was not recorded for it, so it could not be transferred to another plot.
MORT: It's a restaurant reconstruction, not construction
The Ministry stated that the Ramsar rules were not violated. "The applicant was approved for the reconstruction of the fish restaurant building in the existing horizontal and vertical dimensions, which, in addition to the above, with the application of appropriate protection measures, cannot lead to endangering the environment.
As a key fact for granting permission to Orlik, the Ministry of Pavle Radulović cited the Directorate's statement that it is not in the "reserve" zone. In the coming period, the legal possibility of starting the procedure for revising the borders of this protected area will be looked into, solely due to the established non-compliance of the borders", reads the MORT response.
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