Schmidt approved Nikšić to exclude the BiH Attorney's Office: For clearing state forest, Adriatic Metals does not need state consent!

Written by: Istraga.ba

The Government of the Federation of BiH excluded state institutions when making decisions on the disposal of state property, i.e., state forests being cleared in Vareš by the British company Adriatic Metals, Istraga.ba learns.

“In the Decision on the change of purpose of forest land and temporary use of forest land for other purposes, in point VII, paragraph 4, the words 'and the consent of the Attorney's Office of Bosnia and Herzegovina' are deleted,” reads the decision adopted last Friday, again without informing the public, by the FBiH Government led by Nermin Nikšić.

Latest decision of the FBiH Government – the Attorney's Office is excluded
Thus, the state Attorney's Office has been excluded from the decision-making process regarding the disposal of state land, i.e., the change of purpose of state land. In the explanation of the decision, Federal Prime Minister Nermin Nikšić stated that he had the consent of High Representative Christian Schmidt for excluding the BiH Attorney's Office.

Explanation of the latest Decision of the FBiH Government

“Given that in point VII paragraph (4) of the Decision on the change of purpose of forest land and temporary use of forest land for other purposes, it is prescribed that the permit for the use of forest land for the purposes from paragraph (1) of that point is issued in the form of a decision rendered by the federal minister with the prior opinion of the Federal Forestry Administration and the consent of the Attorney's Office of Bosnia and Herzegovina, in accordance with the stated position of the Office of the High Representative in Bosnia and Herzegovina that the granting of temporary use rights does not constitute an act of direct or indirect transfer of ownership, it has been determined that in procedures for establishing the validity of requests for temporary use of forest land for other purposes, it is not necessary to obtain the consent of the Attorney's Office of Bosnia and Herzegovina,” Nikšić stated in the explanation of the decision.

And here is what it is about.

In mid-November, the Government of the Federation of BiH adopted a decision which, contrary to the Law on the Prohibition of Disposal of State Property, enabled the British company Adriatic Metals to change the purpose of forest land in the Vareš area.

According to information from Istraga, the company Adriatic Metals has already, without any permits, cut down a certain part of the state forest, for which a criminal complaint was filed against those responsible with the Prosecutor's Office of the Zenica-Doboj Canton. To protect this British company, the leaders of the FBiH Government adopted the Decision on the change of purpose of forest land and temporary use of forest land for other purposes. The decision is a general act, but it was adopted based on Information stating that the initiative was launched by the company Adriatic Metals.

Forest land, it is written in the decision, can be temporarily used for other planned purposes besides forest management, namely: for the purpose of exploiting mineral resources and other natural resources, during the period of the concession contract.

“The grantor, concessionaire, or investor may submit a request to the cantonal ministry for the use of forest land for other purposes if this is provided for by the spatial planning plan,” the Decision states.

It further states that “the permit for the use of forest land for the purposes from paragraph (1) of this point is issued in the form of a decision, which is rendered by the federal minister with the prior opinion of the Federal Forestry Administration and the consent of the Attorney's Office of Bosnia and Herzegovina.”


Original Decision of the FBiH Government
Given that the change of purpose of the land, in this case forest, required the consent of the BiH Attorney's Office, the FBiH Government decided to amend the decision, i.e., to exclude this state institution from the decision-making process on the change of purpose of state property.

The OHR, we recall, earlier warned the FBiH Government to be careful about the change of purpose of land.

“Regarding your request for clarification, please bear in mind that the change of purpose of forest land obviously entails significant legal consequences for the property in question and would therefore be an act of disposal requiring the active participation and consent of the owner,” stated the initial act of the OHR.

However, Schmidt, under pressure from this British company, on whose behalf the British Embassy in BiH also lobbies, changed his mind. Therefore, the FBiH Government decided to exclude the BiH Attorney's Office from the decision-making process.