Court in Banja Luka rules and annuls permit for Dabar hydropower plant construction

(Patria) - The District Court in Banja Luka has ruled in favor of the Association "Resource Aarhus Centre in BiH" from Sarajevo, annulling the decision issued by the Ministry for Spatial Planning, Construction and Ecology of Republika Srpska. The disputed decision approved the construction of infrastructure facilities for the "Dabar" d.o.o. Trebinje hydropower plant, on the Zalomka river basin, as part of the Upper Horizons project. The Centre for Environmental Protection from Banja Luka filed a lawsuit against this decision.

However, by its ruling of 05.08.2024, the court accepted the lawsuit of the Aarhus Centre in BiH and rejected the claim of the Centre for Environmental Protection, stating, among other things, that the Centre for Environmental Protection did not demonstrate its legal interest to participate in this procedure, even though it is an environmental organization whose goal is to promote environmental protection at the BiH level.

Why is the ruling significant?

This is an important step in protecting the environment and preserving the rivers of Herzegovina. The "Dabar" hydropower plant is planned as part of the Upper Horizons project, which would divert large quantities of water from the Zalomka, Buna, Bunica, Bregava, and Neretva rivers, causing irreparable ecological damage and endangering the biological minimum of these rivers.

Violation of laws and international conventions

During the proceedings, the Aarhus Centre in BiH pointed out a number of legal and procedural irregularities, including:

Incorrect application of the law: The decision to approve construction was not in accordance with the relevant provisions of the Law on Spatial Planning and Construction of Republika Srpska, the Law on Environmental Protection, and the Law on Waters.

Non-compliance with the Aarhus Convention: The Convention, to which Bosnia and Herzegovina is a signatory, mandates public participation in decision-making concerning the environment, which was not respected in this case.

Lack of adequate environmental impact assessment: The environmental impact assessment, which is the basis for issuing an environmental permit, was not adequately conducted, and the environmental permit was issued before the necessary research work was completed.

Ignoring international environmental standards: The Upper Horizons project violates the provisions of the Espoo Convention, the Bern Convention, and the Ramsar Convention, which are aimed at environmental protection and the preservation of natural habitats.

The Aarhus Centre in BiH, in cooperation with the Centre for Environmental Protection and other environmental protection organizations, will continue to fight against projects that threaten the natural resources and biodiversity of Bosnia and Herzegovina. This ruling represents a significant step in the legal framework for environmental protection, and sends a clear message that it will oppose any attempt to degrade the environment without adequate assessments and public participation. It is important to note that both of these associations have separately sued for four other construction permits for the "Dabar" HE, and a legal outcome is expected regarding these lawsuits as well.

We call on institutions to adhere to laws and international conventions and to respect citizens' right to a healthy environment. We will continue to support local communities and work to preserve our natural resources for future generations. We welcome this important decision of the District Court in Banja Luka and thank them for the speed with which they took the case into consideration.