Our client is a company which deals with the production of electric energy through the construction of hydroelectric power plants. In 2009, a permit for water abstraction and use of a water body for the construction of a small hydroelectric power plant was issued. The initial validity of the permit was until 2015. In 2012, the permit was amended, and in 2015 its validity was extended until 2018. In 2018, within the statutory 3-month period before the expiration of the permit, our client submitted an application for extension of the permit before the Director of "West Aegean Region" River basin Department due to an objective delay in the implementation of construction. On 13.08.2018 a refusal the validity of the permit to be extended was received, on the grounds that the investment intention falls within a protected area and thus violates the measures provided for in the RBMP 2016 - 2021.
We assisted the client in preparing a complaint against the refusal, which was filed in the Ministry of Environment and Water /MoEW/. We received a tacit refusal from the MoEW.
Within the term of 1 month, as stipulated by law, we appealed the decision of the Director of "West Aegean Region" River basin Department before Blagoevgrad Administrative Court. Blagoevgrad Administrative Court rejected the complaint of our client.
We appealed the decision of Blagoevgrad Administrative Court before the Supreme Administrative Court. The case before the Supreme Administrative Court was won. The Supreme Administrative Court revoked the decision of Blagoevgrad Administrative Court and returned the file to the Director of "West Aegean Region" River basin Department in order the latter to enact a ruling. The arguments of the Supreme Administrative Court were that the protected areas in question, in which our client's investment intention falls, have not actually been approved by an order of the MoEW, as the law stipulates.
Despite the fact that the case before the Supreme Administrative Court was won and the refusal of the Director of “West Aegean Region” River basin Department to extend the validity of the permit was revoked, at the end of 2019 our client received a letter from the Director of “West Aegean Region” River basin Department, with instructions additional documents and information to be provided by our client in order the latter to prove the fulfillment of the other conditions, concerning the permit, as this being a prerequisite for the extension of the validity of the permit. We assisted the client in the preparation of arguments and reasons, which were presented to the Director of “West Aegean Region” River basin Department, in which we described in detail all fulfilled conditions, pointing that only the construction of the power plant was not completed in time - by 2018, due to unjustified initial refusal of the Director of “West Aegean Region” River basin Department to extend the term of the permit in 2018.
The arguments and justification prepared by us were taken into consideration by the Director of “West Aegean Region” River basin Department and the validity of our client’s permit for water abstraction was extended, thus giving him the opportunity to successfully accomplish his investment intention to build a hydroelectric power plant.
