According to the decisions, recently rendered by the Supreme Administrative Court, the Basin Directorate for Water Management cannot refuse the extension of water usage permit only on the ground that the hydroelectric power station is situated in a protected area, which is stated only in the list of protected areas in Bulgaria. For such refusal there must be an order defining the borders of the protected area in accordance with Art. 12 of the Bulgarian Biological Diversity Act. The absence of such an order means that the purposes of the zone, the habitat and the species that are subject of protection, and the borders of the zone are not determined.
The Supreme Administrative Court also confirms that in case of evaluation whether the investment intention contradict the restrictions of the Water basin management plans (WBMP), the Basin Directorate for Water Management should consider the decisions for change and extension of the water usage permit and the decisions concerning the necessity for evaluation of the impact on the environment since these decisions are administrative acts with legal stability, which have been enacted, observing an assessment for compliance with the Water basin management plans.
