The mine of lead, zinc and other heavy metals Brskovo, near Mojkovac, as previously announced, was supposed to be opened. However, the citizens of Mojkovac, i.e., the Association “Friends of Mojkovac” received that decision with displeasure, because, as they point out, they do not want a tailings dump in their town again, writes “Vikend” newspaper.
In the Brskovo mine, as announced, an open pit was to be opened, as well as a new tailings dump. However, there is nothing from that yet, and that is for formal reasons, because the concessionaire did not obtain the necessary permits, consents and urban planning and technical conditions that he should have according to the Concession Agreement.
The sooner, as the Association points out, the Agreement should be terminated automatically. “Friends of Mojkovac” also announce a protest column against the opening of the mine or any works for the coming Sunday.
“We expect the competent authorities to continue dealing with the problem of the mine and all the bad things that the mine brings. So far, we are not completely satisfied with their approach. But it is important for us that we managed to draw attention to and recognize certain shortcomings, such as the expansion of the exploration and exploitation zone in the national park zone. We showed the public what kind of investor he is and what his intentions are. We believe that the fear of the people of Mojkovic has come to an end”, said the association.
According to the Concession Agreement, for detailed geological research and exploitation of sulphide polymetallic ore (Pb, Zn, Cu, FeS2 and other accompanying metal sulphides) in the exploration and exploitation area of the former mine “Brskovo” near Mojkovac, number 01-3660/1 dated 10.12. in 2010 year, it is clearly seen that the investor, past and present, has failed to follow the dynamics set by the Agreement for 11 years and that four Annexes to the Agreement have been completed so far.
Thus, Article 3 of Annex II of the Agreement for the Amendments to Article 34 defines as a termination clause the case “if the concessionaire does not obtain urban planning technical conditions from the competent authority”, which is one of the conditions for obtaining approval for the exploitation of mineral raw materials in the exploitation field and approval for construction works according to the main mining exploitation project determined by Article 9 and 10 of the Agreement.
Annex 4 of the contract dated November 21, 2016, in the part of time dynamics and obligations, the concessionaire undertakes to prepare the mining technical documentation and obtain approvals, permits and consents for meeting the conditions for the exploitation of mineral resources no later than four years from the date of conclusion of Annex 4 of the Contract raw materials and for obtaining approval for the execution of works under the main mining project of exploitation on the explored deposits.
“Also, according to the Agreement, the concessionaire undertakes that at the end of the second, fourth and sixth years, he will deliver to the Grantor a notification about the entry into a new phase of the realization of the concession, which cannot be conditioned by new requirements regarding deadlines for the execution of contractual obligations or changing the existing terms of the agreement. If the concessionaire does not fulfill the obligations from these periods, the Grantor may terminate the Agreement to the detriment of the concessionaire”, the Association notes.
They are reminded that Article 40 of the Agreement (in which Paragraph 2 of this Article was added) defines that the acquisition of approval and consent for exploitation, the adoption of spatial planning documentation and the issuance of urban technical conditions is the exclusive risk of the concessionaire.
“Since the concessionaire did not obtain the necessary permits, consents and, of course, urban planning and technical conditions, we believe that this Agreement should be terminated automatically. We draw the attention of the competent authorities not to engage in legal gymnastics and in this way provide new deadlines, annexes for research or anything else in this field, because there are determined citizens and professionals in the institutions who will protect the state from amateurs, quasi-investors, and traders on the stock market “, they said from the “Friends of Mojkovac” Association.