Romania: Amendments of the Regulation on Protected Natural Areas

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Protected natural areas can be modified for the purpose of exploitation of mineral resources, without the decision of the Government and the opinion of the Romanian Academy. This provision is included in the proposal of the new Law, with the argument that there are old licenses for mineral concessions on the land that was subsequently declared a protected area.

The legal initiative was launched by a few MPs from the ruling coalition, with the consent of some former ministers of energy and economy. They claim that by June 2007, changing the boundaries of protected areas was possible only with the decision of the central public administration for environment, based on the opinion of the Romanian Academy.

After 2007, the regulation was amended by the Regulation which stipulates that the establishment and modification of the protected natural area of ​​national interest is possible by the Government decision, on the basis of scientific study, approved by the Romanian Academy and with the approval of the central public administration for environment and forests.

The authors of the law proposal argue that these provisions have made it impossible to change the boundaries of protected areas, with regard to determining the perimeters for mineral resources exploitation, for which there is a Government’s decision on granting the exploitation license from the date of establishing the regime of protected area.

According to the proposed amendments, changing the boundaries of natural area will be carried out “at the request of the license holder through an administrative act by the Head of the central public authority for environmental protection”, with a copy of the Government Decision approving the concession for exploitation activities and evidence of ownership of the land.

 

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