Council of State recalls expert report: Mining project at Lake Salda rejected
The 4th Chamber of the Council of State has upheld the cancellation of the "EIA not required" decision granted to a Limestone Quarry Project, which was projected to cause damage to Lake Salda.
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It has been concluded that the Limestone Quarry Project, which the Zontaş Zonguldak Taş Kömürü company intended to build on the Eşeler Plateau in Burdur, would negatively impact the water sources feeding Lake Salda, endemic plant species in the area, and agricultural/livestock production.
EXPERT SITE INSPECTION RECALLED
Following the Isparta 2nd Administrative Court, the 4th Chamber of the Council of State also rejected the Environmental Impact Assessment (EIA) not required decision granted to the Limestone Quarry. The decision was reached by a majority vote of three to two. Recalling the expert site inspection conducted in the region by the court of first instance, the Council of State judges ruled that the Burdur Governor's Office's appeal was rejected due to the negative impact on underground and surface water resources and forest functions in the Eşeler region. The decision also stated that Lake Salda could be 'negatively' affected.
GOVERNOR'S OFFICE HAD APPEALED
According to the report by Osman Çaklı from Duvar, local residents had taken the "EIA not required" decision, granted to the company by the Burdur Governor's Office in December 2022, to the judiciary. An expert inspection was conducted in the area where the project is located regarding the EIA decision, for which cancellation was requested at the Isparta 2nd Administrative Court. The expert report also documented that the Limestone Quarry Project would create negative impacts on nature, ranging from the forest to water sources and Lake Salda. The Isparta 2nd Administrative Court ruled in line with the expert report and ordered the cancellation of the "EIA not required" decision granted to the company by the Governor's Office. The Governor's Office appealed the decision of the court of first instance and moved the process to the 4th Chamber of the Council of State.
COUNCIL OF STATE UPHELD THE DECISION
The 4th Chamber of the Council of State rejected the appeal request of the Burdur Governor's Office regarding the case in which the Burdur Bar Association and the Turkish Forestry Association were intervening parties. In the decision it announced, the 4th Chamber of the Council of State upheld the decision of the court of first instance exactly as it was.
The decision of the court of first instance included the following statements: “In the decision rendered by the Administrative Court; it has been determined through the evaluation of the information and documents in the file, along with the expert report prepared as a result of the commissioned inspection and expert examination, that the activities planned to be carried out within the scope of the project subject to the lawsuit will negatively affect the water quality and quantity of underground and surface water resources. It was determined that the vegetation of the site was not correctly identified within the scope of the project introduction file, and that if the forests located in the project area were destroyed, underground and surface water reserves would be damaged. It was concluded that the hydrological function of the forest would be negatively affected, causing the disappearance of the water sources feeding Lake Salda, leading to the destruction of endemic plant species found in the area, and negatively impacting agricultural and livestock production.”