DESTRUCTIVE
MINING PLANS THREATEN UNIQUE LANDSCAPES
IN
POLISH
KARKONOSZE AND IZERY REGION
Despite
massive local protests and legal democratic procedures against devastating
mining plans in Stara Kamienica, on
31-3-2005
the Province (Wojewoda) of
Lower Silesia
gave the Polish mining
company Pol Skal concession to start the preparations of the mining activities
on 53 ha. of ground. The Province also refused to accept any local organizations
as a legitimate party in the proceedings. Now only the Polish Minister of
Environment, mr. Tomasz Podgajniak can prevent the devastation of valuable
nature and landscape in the Stara Kamienica district by annulling the decision
of the Province.
The Mayor and Council
of Stara Kamienica, local Protest Committees, regional NGO’s, cultural
organizations and national park authorities are asking the Minister to prevent
the Pol Skal mining plans. They also ask urgently support from foreign NGO’s
and EU-authorities.
The people who appeal
to the Minister against the mine fear the catastrophic devastation of the
natural landscape, so far not touched by industrial activity. In their opinion
opening up a mine here would be a disaster for the surrounding area. They are
afraid that the preparations alone which the company wants to conduct first, can
turn the picturesque hills of
Izery
Mountains
into a lunar landscape.
In Stara Kamienica the
locals are very much afraid that the mining industry will lay open the dangerous
uranium, which was exploited here many years ago.
The Polish company
Pol-Skal wants to strip mine stone for some precious minerals (leucite); granite
will be a by-product to be used for new roads and some industries. They will
blow up granite rocks causing enormous clouds of dust. Day and night, the noise
of pulverising the stones will be heard for many miles. Big trucks with stones
will drive through the villages all the time. One mine will affect an entire
region and destroy all local initiatives for agrotourism, ecological farming,
the Nemo Centre and different projects for sustainable development. Recent
research proves that this mining industry does not improve employment or the
local economy. On the contrary, the region will become much more impoverished.
The mining area is
located in the North of the Giants’ Mountains (Karkonosze) and
Iron
Mountains
(Góry Izerskie) in the
Jelenia Góra district in the south-west of
Poland
in the immediate vicinity of
several nature reserves. In this relatively unspoiled agrarian landscape there
is a huge quantity of cultural and natural monuments, including historical
landscape elements; castles; palaces; mills; archaeological sites and monumental
villages. This natural landscape connects several famous nature reserves. This
area is an important and monumental centre of European history with high tourist
potential, nicknamed Middle Europe's
Tuscany
. Its outstanding
international value has been recognised at several international conferences
organised by the Polish institute for the preservation of cultural landscapes
where they advised the Polish Government to put this area on the Unesco World
Heritage List.
In the region and
abroad, there is strong support from many organisations and individuals to
protect this landscape by a combination of improving the local economy and the
promotion of rural tourism (cultural-, health- and agro-tourism). The Polish
government is asked by them to acknowledge the value of these precious
landscapes in
Poland
and put policy in place to
ban devastating mining activities in nature reserves and monumental cultural
landscapes.
More information: www.pz.nl/nemo/mines.html
Fundacja Nemo - Kopaniec-Miedzylesie 5 - 58-512
Stara-Kamienica – Poland - info@nemoland.org
ARGUMENTS
AGAINST THE POL SKAL MINING PLANS IN STARA KAMIENICA
1.
The way in which Pol Skal wants to realize the mine is
misleading
a.
Pol Skal asked permission to do research instead of asking permission for mining activities because
the permission for research is easier to obtain, without EIA (environmental
impact assessment). In fact the research is the start of mining industry because
Pol Skal will ruin the landscape by digging 70 m. deep holes and 1,3 km. long
ditches on 53 ha. of ground. That is why asking permission for research is a
juridical trick to mislead the villagers.
b.
The planned mining area is in the middle of a populated
area of several villages. Pol Skal did not give any information about the mining
plans and their effects to the local committees nor to the villagers themselves
and the designated neighbours of the planned mine.
c.
At the time of buying Euromarket , mother-company of
Pol Skal, hid its real intention by saying that the land was meant for horses.
The villagers feel they are cheated. The mining company is also losing support
by threatening the local protest committees, Nemo and local journalists by legal
procedures.
d.
The Pol Skal plans for a combination of mining industry
and agrotourism development are misleading and not realistic.
2.
It is clear that mining is important to the economic
development of
Poland
. That is
why Pol Skal should develop mining – based on proper economic and
environmental assessment - in areas that do not have primary touristy cultural
and nature protection functions.
3.
The mining plans doesn’t fit in the landscape
a.
The region of Izery villages south of Stara Kamienica,
north of Izery mountains has always been a tourist area well known because its
natural beauty, historical buildings, healthy atmosphere and beautiful scenery.
Recent history there lacked industrial activities like mining.
b.
The planned mining area is part of a valuable
historical landscape with archaeological values. This was proved by excavations
last year. Historians and international cultural organizations consider this
landscape to be a part of the
Jelenia
Góra
Valley
, one of the
most valuable landscapes in
Europe
. Three
international conferences organised by the Polish centre for the preservation of
historic landscapes under the patronage of the International committee for
historic gardens and cultural landscapes (ICOMOS-IFLA) have advised the Polish
government to introduce the region into the UNESCO world heritage list. Mining
activity will destroy part of this landscape.
c.
On the Pol Skal land in Mala Kamienica there are many
public roads and an essential part of the tourist foot path infrastructure of
Stara Kamienica. Is it illegal to destroy public roads.
4.
Examples of mining industry in the neighbouring
district of Mirsk, shows that mining industry doesn’t give the local
population any benefits from the mine, either in terms of job opportunities or
any other social or economic investments. On the contrary, the region has become
visibly poorer and nowadays, a broad asphalt road where heavy trucks bearing
stones drive along continuously is the only dominant feature within the
villages.
5.
It
is not clear where and how the minerals will be processed.
a.
Pol
Skal doesn’t give any detailed information about their mining plans: the exact
scale of industry, the products and materials., the processes of explosions,
digging and grinding, transport, roads and future plans, safety systems and
measures against dust, noise, light and compensation of damage.
b.
Their reports and motivations are full of mistakes and
prove that they have no information and knowledge about environmental, natural
and cultural values of the region.
6.
The effects on the environment would be a catastrophe
a.
During summer last year the villages Chromiec and Mala
Kamienica had no drinking water at all. Villagers are afraid that the
mining-activities will deregulate drinking water systems even more.
b.
Because of the old uranium mines our area is known as
the most radioactive in
Poland
. Villagers
are afraid that the mining activities will cause radioactivity.
c.
There hasn’t been any research about all effects of
the research and the mining activities on the environment by a independent
environmental organization.
d.
The houses down in the valley of Miedzylesie, for
example the Nemo Centre, are right opposite the mining area and will get all
noise and dust of the mining activities. Pol Skal cannot assure that all damage
will be paid to the owners, also the loss of value and the loss of income.
7.
There is no local support for the mining plans
a.
In the new spaceplan of the municipality Stara
Kamienica the
land
of
Pol Skal
has an
agrarian destination.
b.
The Council and Board of Stara Kamienica choosed in a
democratic process against the mining plans and adopted a strategy-plan for
sustainable development. Pol Skal is not able to accept these democratic
decisions.
c.
The majority of the local population is against the
mining plans.
8.
Pol Skal is a small and new company founded by
Euromarket with very little experience in mining industry. It is not clear why
Pol Skal is starting mining activities in such a complex way and with so much
risk in causing environmental damage. Euromarket, the mother company of Pol
Skal, is a well known big company in
Poland
with
international strategic partner General Motors. It is also not clear why
Euromarket is participating (via Pol Skal) in controversial projects like Stara
Kamienica.
9.
Issuing the concession to Pol Skal the Province
(Wojewoda) made many mistakes and faults.
The
Province
of
Lower
Silesia
(Wojewoda
of Dolny Slask) so far has not
1.
given its motives for not accepting the negative opinion of the mayor of Stara Kamienica on
8-12-2003
. Pol Skal appealed to this decision but the court rejected the appeal on
2-2-2004
;
2. indicated why she changed
her own negative decision on
17-3-2004
by which she refused the
concession for Pol Skal;
3. demanded a environmental
impact assessment (EIA). This is obligatory because Pol Skal will use dynamite
for the research, and because this research may well cause damage to drinking
water and radio-activity because of old uranium mines;
4. involved the District
Jelenia Góra (Powiat) while deciding about the concession;
5. informed organizations
which appealed to the concession (Towarzystwo na Rzecz Ziemi) about the public
hearing on
1-2-2005
;
6. accepted local
organizations (protest committees, Fundacja Nemo) as juridical parties;
7. accepted direct neighbours
as juridical party. They appealed to the concession because they fearing damage
to their water resources (13 meter from the mining area);
8. done research to the
natural values and biodiversity of the area. The area is on the list of Nature
2000;
9. done research into the
cultural values of the area. The conservator for protection of monuments mr.
Wojciech Kapałczyński and the director of the museum mr. Stanislaw
Firszt have written a report about this;
10. taken into account the
local development plan for the Stara Kamienica District by which the Muncipality
chooses for sustainable development which entails protection of nature and
scenery, rural tourism and agrarian development;11.
taken into account Stara Kamienica's environmental planning laid down by
the Municipality;
12 acted in accordance with
Art 9 point u 2 of the Aarhus Convention, signed by the Government of Poland.
APPEAL TO THE POLISH MINISTER OF ENVIRONMENT
Ministry of the Environment
/
Ministerstwo
środowiska
Minister Mr. Tomasz Podgajniak
Warszawa, ul. Wawelska 52/54
00-922 Warszawa
Dear Sir,
We kindly request that you annul the Decision of
Wojewoda Dolnośląski nr 3/P/05 granting the concession for
research of the feldspar field "Kamienica Mała" by Pol Skal,
because this decision has many legal faults.
1. The decision does not meet the criteria of article 107§3
Administrative Law Code, because it does not mention the reasons why some of the
arguments were refused credibility and force of evidence.
- in particular it does not explain why the Decision of Wójt (mayor of
Stara Kamienica)
8 December 2003
(nr 7514/11/2003) is
refused credibility and force of evidence.
- it also does not say why arguments brought by the Protest Committee
after the meeting on the 1st February 2005 in an additional letter are refused
credibility and force of evidence.
The information provided by the Protest Committee concerned the fact of
the presence of habitats of dozens of animal and plant species on the territory
where the research is planned. This letter formulated a demand for the
concession giving bodies to carry out an inventory of plant species on the given
territory, in view of the fact that it might give light of substantial
circumstances regarding the case.
- in the same way arguments regarding the archaeological value of the
territory were not taken into consideration.
Moreover, another plea of the parties to the proceedings was not taken
into consideration. It stated that the project of the geological works attached
to the application for the concession does not meet the criteria set out by the
Geological and Mining Law (law of
4 February 2004
, Dz.U. Nr 27, poz.
96), regarding water research in the bedrock.
The regulation of the Minister of Environment of 19 December 2001
regarding the geological works projects in paragraph 2, indent 2, point 4,
letters: k, l, m foresees a duty to design several aspects of research regarding
the geological works in particular connected with water management on the
site.
The project of geological works does not contain such research. Moreover
the reasoning proving that the plea of possible damage to safeguards of water
quality is groundless shows that there is no appropriate explanation regarding
the plea. The phrases: "should not" or "we should presume"
show that the concession-giving body has no knowledge and certainty regarding
the case, while, in a result of ignoring the plea, water in local farm wells
might disappear. Therefore it is not correct to say that the proceedings were carried out
with "utmost scrutiny", as it was noted in the explanation to the
decision by the concession-giving body.
2. The decision granting the concession violates local law. Provisions of
the Study and Proposal for the Spatial Development of the Gmina Stara Kamienica,
on which basis planning is currently being prepared, do not foresee that
activities in the scope provided for by the concession are carried out there. In
the decision a fact was also omitted, that this ground is of agricultural
destination, to be forested and there are large complexes of protected soils on
it. Those soils are threatened with erosion.
3. The decision granting the concession does not contain any provisions
regarding the land reclamation after finishing the research, nor does it give
the deadline for carrying out such works. There were also no concrete parameters
given regarding the research ditches of the total length 1300 m.
4. The decision was taken without the participation of local community.
The Protest Committee of the Inhabitants of the Villages Antoniów, Chromiec and
Międzylesie was not allowed to act although it provided all necessary
documents viz. the list of the representatives, the protocol and local village
documents authorizing the natural persons to represent the local community which
is against the planned investment. It violates Art 74 of the Constitution of the
Republic
of
Poland
and Art 9 point 2 of the Conventions of Aarhus, ratified by the
Republic
of
Poland
.
5. The Environmental Impact Assessment attached to the application for
granting the concession takes into account incorrect data and omits necessary
information, which otherwise would be necessary for making the decision. The
protesters have many times pointed this out during the concession proceedings.
For example it was not mentioned that the largest part of the area is forest
land and that this area lies within the boundaries of an underground water
protection zone.
The evidence gathered by the FER Foundation, which has been forwarded to
Towarzystwo na Rzecz Ziemi, shows that the research activities will be in breach
of the Polish Conservation Law, as well as the EU Habitat and Birds Directives.
As a result of those activities, especially "geophysical research" and
digging ditches of 1 meter wide and 2 meters deep with a total length of 1,3 km,
the habitats of numerous legally protected plant, reptile, amphibian and bird
species can be destroyed. The appeal mentions all the species by name and adds
that a separate professional inventory is needed to protect the species from
irreversible damage, which would occur if heavy machines were to dig 2600 cubic
meters of ground. Due to drilling and geophysical works using explosives in the
exploratory wells, as well as directing electric current through the ground,
many species will flee their habitats. It will be impossible to assess illegal
environmental losses afterwards. Failure to draw up an inventory of plant and
animal species will mean destruction of evidence, given that it was made clear
that the decision granting the concession can violate the law in this way.
Making such an inventory is especially important in view of the fact that the
environmental impact assessment attached to the application for the concession
states incorrect facts in many places.
Carrying out the ground works foreseen by the concession is a serious
hazard to the planned area of research for drinking water intake for the Mała
Kamienica village. This also contravenes the local development strategy and
plan.
The evidence gathered by the FER Foundation proves that granting the
concession will clearly be in breach of the Old Monuments Law. As a result of
works permitted by the concession, in particular digging with heavy machinery of
2600 cubic meters of ground, without archaeological supervision, unique
archaeological sites of material medieval culture will be irreversibly damaged.
The unique medieval processing of colored glass was developed on this
territory also because of the fact that many minerals containing radioactive
elements were present in the ground such as cobalt and uranium. During the
meeting of all the parties to the case on
1 February 2005
representatives of the protesters pointed out the presence of the uranium in the
ground. Before issuing the concession it was the duty of Wojewoda to investigate
the status-quo. Information given by the employee of the National Atomic Agency
concerns the post-uranium territories around Kopaniec, about 500 meter from the
area of the planned research as well as in Kromnów. In no way does it clarify
the doubts, which have been voiced before. There are many reasons to think,
however, that uranium will also be present on the territory of the planned
research. For that reason it is necessary not to allow to start carrying out the
works without conducting independent professional research first. Asking for
information from an employee of the Atomic Agency is not enough to solve the
problem. There is a lot of circumstantial evidence that points out to the
existence of the genuine hazard on the territory of the planned research. The
danger is that the deposits of many abundant radioactive elements will be moved
during the ground works, which will cause the contamination of air, soil and
drinking water. It is necessary to remember that:
- The so called “Studium”
for conditions and directions for the municipal planning for the Gmina Stara
Kamienica” from 1999, says, on page 6: “in 1951-53 the extraction of uranium
ores was carried out (20 thousand cubic meters was extracted) in the fault of
Kamienica-Rębiszów. On page 10 we read: “the increased degree of radon
emanation from the ground was stated on the territory. (…) The concentrations
of radon on the given territory belong to the highest in
Poland
.
(…) The increased concentration of radon emanation on the territories
neighbouring old mines and uranium spoil-heaps demands using special solutions
in house building and limits the settlement activity in this area.
6. The concession was issued following a procedural flaw. Fundacja FER,
which is acting in the proceedings on party's rights, was not informed in the
way provided for in the article 91§2 Administrative Law Code about the meeting
on 1 February. The Pol-Skal company's plans in Mala Kamienica will devastate this
region's culturally and historically valuable landscape. The area under threat
is within or borders on several national parks and protected areas in the
Karkonosze and Góry Izerskie mountains in the Sudete area of south-west
Poland
and is extremely valuable both in terms of its outstanding natural beauty and
rich cultural heritage. This centuries old historical landscape is relatively
unspoiled and has a unique concentration of monuments: castles, palaces, old
farm houses, mills, churches and archaeological sites. This is why this area is
an unsurpassed part of
Europe
's cultural heritage that deserves to be maintained and protected.
Historians
and international cultural organizations consider this area as part of the
Jelenia
Góra
Valley
, one of the
most valuable landscapes in
Europe
. Three
international conferences organised by the Polish centre for the preservation of
historic landscapes under the patronage of the International committee for
historic gardens and cultural landscapes (ICOMOS-IFLA) have advised the Polish
government to introduce the region into the UNESCO world heritage list. The
mining activity will destroy part of this landscape. The
undersigned organisation hereby ask you:
1.
The
annulment of the Decision of Wojewoda Dolnośląski nr 3/P/05
granting the concession for research of the feldspar field "Kamienica Mała"
(District Stara Kamienica, Karkonosze and Izery region) by Pol Skal.
2.
An assessment
of the present mining activities and plans in Stara Kamienica based on
international and independent environmental and social standards.
3.
Guarantees for
a democratic process that leads to a transparent decision.
4.
Support and
co-operation with the local population in developing alternative economic plans.
We are
relying upon your insight and willingness to act in order to prevent the
pollution and destruction of one of
Poland
's and
Europe
's most valuable
landscapes.
Yours sincerely
APPEAL
TO THE POLISH MINISTER OF ENVIRONMENT
Ministry of the Environment /
Ministerstwo Środowiska
Minister Mr. Tomasz Podgajniak
Warszawa, ul. Wawelska
52/54
00-922 Warszawa
Dear Sir
We kindly request
that you annul the Decision of Wojewoda Dolnośląski nr 3/P/05 granting
the concession for research of the feldspar field "Kamienica Mała"
by Pol Skal in the region of the Karkonosze and Góry Izerskie mountains.
The Pol-Skal
company's plans to open a mine in Stara Kamienica municipality will devastate
this region's culturally and historically valuable landscape. The area under
threat is within or borders several national (landscape) parks and protected
areas in the Karkonosze and Góry Izerskie mountains in the Sudety area of
south-west
Poland
and is extremely valuable
both in terms of its outstanding natural beauty and rich cultural heritage. This
centuries old historical landscape is relatively
unspoiled and has, even for
Europe
, a unique concentration of
monuments: castles, palaces, old farm houses, mills, churches and archaeological
sites. This is why this area is an unsurpassed part of
Europe
's cultural heritage that
deserves to be maintained and protected.
Now Pol-Skal mining
company is applying again for minerals research permission after a failed
attempt earlier last year. However, their first application together with
assessment of current state of environment in the interested area was erroneous.
The mistaken assumptions actually were contrary to the strategy of sustainable
development for Stara Kamienica region emphasizing agro tourist orientation,
conservation of natural values and not industrial exploitation.
The example of
Klopotnica in the
county
of
Mirsk
illustrates the detrimental
effects of stone mining, where with the support of the Swedish company NCC a
mine has been established in 1999. Not only have environment, cultural monuments
and landscape been damaged beyond repair, but every form of sustainable
development such as rural tourism, local economy and quality of life has been
permanently curtailed. Research shows that the local population did not receive
any benefits from the mine, either in terms of job opportunities or any other
social or economic investments. On the contrary, the region has become visibly
poorer and nowadays, a broad asphalt road where heavy trucks bearing stones
drive along continuously is the only dominant feature of the village. Regular
explosions cause large clouds of dust and the inhabitants live in fear of the
dangerous uranium that was formerly mined here being released into the air.
Noise levels up to 5 km from the mine exceed any national and international
standards. Many local farmers who have been investing in the development of agro
tourism have lost their customers without any compensation.
We understand that
mining is important to your province's economic development, therefore we
request you to develop mining – based on proper economic and environmental
assessment - in areas that do not have primary tourist or cultural functions. We
also request you to create tourist facilities and other economic activities in
the Karkonosze and Góry Izerskie mountains that do not conflict with this
area's cultural monuments and landscape. We believe that this area has great
potential for hosting economic activities that will benefit the local population
as well as protecting the landscape and cultural heritage, such as the
development of rural tourism which is seen by many national and international
experts one of the main economic potentials for this region. Examples in other
countries have shown that mining has a strong and long term negative impact on
tourism development.
Therefore
we kindly request you:
1.
The annulment of the Decision of Wojewoda Dolnośląski nr 3/P/05
granting the concession for research of the feldspar field "Kamienica Mała"
(District Stara Kamienica, Karkonosze and Izery region) by Pol Skal.
2.
An assessment of the present mining activities and plans in Stara
Kamienica based
on international and independent environmental and social standards.
3.
Identification of alternative mining locations with less environmental
impacts far from natural and cultural valuable areas.
4.
Ensure a decision making process that is transparent and democratic.
5.
Support to and co-operate with the local population in developing
alternative economic plans.
We are relying upon
your insight and willingness to act in order to prevent the pollution and
destruction of one of
Poland
's and
Europe
's most valuable
landscapes.
Yours sincerely
Summary of the juridical situation, by Kamila Jelenska -
24-5-2005
SAVE THIS
BEAUTIFUL LANDSCAPE!
In
the autumn 2003 POL-SKAL applied to Wojewoda Dolnoslaski to get a concession to
conduct research activities on 53 hectares of ground. The application of
14 November 2003
contained an Environmental
Impact Assessment. Its content is a matter of debate and Komitet Protestacyjny
is pointing out many areas, which are neglected or incorrect.
According
to a lawyer, it is difficult to use this argument in the case, however, as here
the environmental impact assessment is not necessary because the research
activities are not regarded as very dangerous to the environment. Komitet
Protestacyjny represents the view that it was necessary to conduct the Assesment,
as Pol-Skal is going to use explosives.
In
the period of 21 days after publicizing the application together with the
assessment, Wojewoda received many letters of protests and requests from the
local inhabitants. Before giving its decision Wojewoda needed to obtain an
opinion from the local authorities (gmina), according to Article 16 point 4 of
the Geological and Mining Law (law
of
4 February 2004
, Dz.U. Nr 27, poz. 96).
Gmina gave negative opinion in the Decision of
8 December 2003
(nr 7514/11/2003), which was
later appealed to by POL-SKAL to the LOCAL GOVERMNMENT APPEAL BODY (Samorzadowe
Kolegium Odwolawcze). It considered the opinion of the gmina valid in a Decision
of
2 February 2004
(nr. SKO/41/PG-34/2004). In
the decision of
17 March 2004
Wojewoda
refused the concession.
POL-SKAL
appealed from this decision to the Minister, who upheld its arguments that not
all the circumstances of the case were clarified (art. 7 Administrative Law
Code) and it was done without proper participation of the party
- Pol-Skal (art. 10 Administrative Law Code).
The
Minister, on the 14.06.2004, in a decision DG/p/TK/487/4131/2004 annulled the
decision of Wojewoda and asked him to reconsider it. On
1 February 2005
Wojewoda Dolnoslaski held a
meeting of all involved parties, and following it, on 31.03.2005 he granted
POL-SKAL the concession to conduct research in a decision nr. 3/P/2005. The
meeting was attended by the Protest Committee of the inhabitants of the villages
Chromiec, Antoniów, Miedzylesie and Mala Kamienica who presented many arguments
and points for consideration in the case, although formally they were not
recognised as a party to the case. At this stage there were, and are until now,
only two persons acting on party’s rights: Fundacja EkoFER from Chojnów,
and Towarzystwo na Rzecz Ziemi from
Oswiecim
.
Strangely
enough, by 31.03. 2005 the Wojewoda refused the status of a party to Fundacja
NEMO and Komitet Protestacyjny, which was later upheld by the minister. At any
moment of the procedure new legal persons can apply to act as party’s (neighbours
etc) or on the party’s rights in the case (i.e. environmental organizations).
Stowarzyszenie Izery is preparing their application at the moment.
Regarding
foundations: the lawyer Magdalena Bar during a telephone conversation said that
on the basis of Polish case law Foundations are not usually recognised as
parties to those kinds of cases. However this statement is debated nowadays by
various foundations in
Poland
and NGOs in general. At
present Fundacja NEMO is preparing a complaint to the
Province Administrative Court
with the help of Public
Affairs Institute from
Warsaw
. It is hoped that this case can make a precedent: we hope that the judge
will say that foundations can rightly act on party’s rights in those kinds of
cases.
Which
does not change the fact that at this moment there are two legal persons acting
on party’s rights: Fundacja EkoFER from Chojnów, and Towarzystwo na Rzecz
Ziemi from
Oswiecim
could appeal to the minister
regarding the decision of Wojewoda and they did it respectively on the 5 and 9
of April. The appeals to the case were written on the basis of information
provided by the Protest Committee. The Minister will now either uphold the
decision of the Wojewoda, or not. Given that he has already turned down the
negative decision of Wojewoda, he will probably now uphold the positive decision.
In this case POL-SKAL can already start mining research activities, however the
parties to the case can write to the
Dolny Slask Voievodship
Administrative Court
with a complaint and attach
a request to stop the research until the court considers the case.
The
Minister seems to have his own logic in making the decisions, however, which
might be called as "undemocratic" by protesting sides, but is not
considered as such by the Minister himself and Pol-Skal. Perhaps only a
judgement of the court can clarify this. Therefore it is necessary to prepare
already a lot of arguments and especially evidence supporting this for the court
case: expert opinions, Environmental Impact Assessment etc.
Nowiny Jeleniogórskie, October 2004
Text and the
photograph: Daniel Antosik
Translated:
Kamila Jeleńska
THEY DO NOT WANT THE
MINE AND THAT’S IT!
The
conflict around the proposed mining activities in Mała Kamienica is
growing. The investor is a company Pol-Skal. The inhabitants of the nearby
villages are protesting with great determination against making of a quarry and
a proposed survey of the bedrock for the purposes of feldspar prospecting. The
company Pol-Skal from
Cracow
is not less determined: in spite of strong resistance it does not intend
to give up its plans.
Pol-Skal is
applying for a concession to carry out exploration works in search for feldspar.
The firm did not become discouraged neither by the negative atmosphere
surrounding their activities nor by the first decisions of the clerks delaying
issuing necessary documents. The permission procedure is underway.
The people who
are protesting against the mine fear the catastrophic devastation of the natural
landscape, so far not touched by industrial activity. In their opinion opening
up a mine here would be a disaster for the surrounding area. They are afraid
that the exploration works alone which the company wants to conduct first, can
turn the picturesque hills of
Izery
Mountains
into a lunar landscape.
The people of
the villages lying closest to the most important territory: Mała Kamienica,
Chromiec, Antoniów, Międzylesie, Kopaniec, are all against the mine. A
Protest Committee has been established, which supervises the case. A
Polish-Dutch foundation NEMO managing a territory neighboring the territory of
the planned mine, is also fighting the mine.
The protesters
talk only about the losses, which can be incurred by allowing the firm to carry
out its activities in the area. They mention the devastation of the landscape,
they are afraid of air pollution and noise, which will be a nuisance for the
inhabitants, they see dangers connected with intensive traffic on the small
village roads and problems with water circulation in the area. Many village
wells are already dry. This can bring about a serious problem for the
agro-tourist farms in the area. Nobody will want to spend holidays near a
mine.
- I understand
that Pol-Skal wants to earn some money here. But why do we have to suffer from
it? For us the mine means only economic losses and death of what is the most
important here - say Katarzyna Andrzejewska and Lucjan Markindorf unanimously.
They represent the Protest Committee of the villages Chromiec, Antoniów and Międzylesie.
To prove why
they are so afraid of any activities of the company, before staring up the
exploration works and exploitation itself, Katarzyna Andrzejewska invites us for
a short visit to the nearby village Kwieciszowice. There, on the outskirts of
the village, another company explored the ground in the search for minerals.
- When it
turned out that there was nothing to look for here, they did not care to perform
post mining restoration of the destroyed land, says Katarzyna Andrzejewska.
There are only gigantic ditches left, several meters deep and wide. Only after
months of fight have they been finally filled with ground. But you can see
yourself how it looks like. There are surface dumps left made of ground which
could not have been made even, and trees have started to die in the
neighborhood. All this given that the scope of the exploration activities was
very narrow in comparison to what is planned by Pol-Skal.
The chairman
of Pol-Skal, Marek Kotowski, assures that all those catastrophic visions are far
from reality. Already many months ago, during an open meeting between the
company he manages and the local inhabitants, he was convincing them that
Pol-Skal was interested in environmental protection and co-operation with the
local authorities in solving all sorts of local problems. He meant not only
problems which would be connected with the possible nuisance caused by the
exploitation of feldspar. If it ever went that far.
According to
M. Kotowski, Pol-Skal is a genuine lucrative business for the poor
administrative district of Stara Kamienica, with high unemployment. The chairman
of the company mentions the money from the taxes which would be received by
local authorities and new work places. He does not see any logic in the
way the local authorities act. He wonders why they distrust Pol-Skal so much in
spite of the serious offer the company made to the local government.
- There is a
growing problem with water, and the local authorities have no money to find the
solution. We have proposed to help looking for water, offering funding as well.
If we found water on our territory, we promised that would negotiate selling the
plot with the source of water. We were talking about building a factory on the
territory
of
Stara Kamienica
, with concrete possibilities
for employment. And in spite of this, we have been chased out of the district -
says M. Kotowski. However we do not intend to give up our plans. As each land
owner, we have right to know what we have in our ground. And we are going to
check it. More so, because it may come out, that after exploration of the ground
we will see that its character will make it not economically viable to extract
it. Then the whole case will be finished with the exploration only. And the
whole fuss around it will be useless.
The chairman
of Pol-Skal tries to convince the journalists that there are too much social
protests around the mine for such a small case. In his opinion the bad publicity
surrounding the case is a result of protests made by only a handful of people,
and not by a large group of local inhabitants.
First
protests began many months ago, after Pol-Skal turned out to be the owner of
many hectares of land and for the first time applied to the
Lower Silesia
province authorities to get
the concession for making a survey of the bedrock for the purposes of feldspar
prospecting. There were almost 400 signatures under the protest letter. The
effect of the first wave of strong resistance, which has swept the neighborhood,
was the negative opinion of the mayor of Stara Kamienica regarding the plans of
the company from
Cracow
. In this case the province
officials promised not to grant Pol-Skal the concession. After this first phase
of administrative procedure, with the decisions taken in favor of the
protesters, the emotions cooled down. In the meantime Pol-Skal withdrew its
first application (due to the mistake of the officials, as Mr Kotowski claims)
and in the autumn last year it made another application, in which it limited the
exploration area from the previously proposed 70 hectares to around 50
hectares.
The Provincial
Governor from
Wrocław
refused granting of the
concession after considering the case. Po-Skal appealed from this decision to
the Minister of Environment. The latter, in June last year, annulled the
decision of the Provincial Governor and directed the case back to the Provincial
Governor for second consideration. As
a result of this, the protests have soared again recently.
- As a Protest
Committee we participated in the administrative procedure and we appealed from
the decision of the Minister of the Environment to the
Highest Administrative Court
in
Warsaw
- explains Katarzyna
Andrzejewska. Although we are waiting now for the judgment of the court, some
inhabitants of the neighboring villages started telling stories about meetings
with some strange people who were seen in the area. One person introduced
himself as a representative of Pol-Skal, the other one as a provincial official.
They repeated that the protests against the mine had no sense, that the case had
been decided long time ago.
The chairman
of Pol-Skal denies sending any representatives of the company to talk with the
local inhabitants. He wonders why the whole case is gaining interest now if
Pol-Skal does not do anything in months awaiting the administrative decisions.
He is convinced that Pol-Skal will get the concession for exploration works. The
opinion of the local authorities is not binding for the provincial government in
this case, moreover, according to the company, there are no grounds to refuse
the granting of the concession again. The earlier decision of the provincial
government was, in his opinion, only a way to gain more time in this case.
In the
meantime the protesters stopped peacefully waiting for new developments. They
are cautiously watching new steps of the company. Their anxiety increased when a
procedure was initiated to sell the ground managed by Pol-Skal. Until now this
ground belonged to a company Euromarket. Euromarket created Pol-Skal and rented
the previously acquired area to the company. Now it is selling it to them. In a
situation like this, the Agency of Agricultural Property has the right to buy
the land first - explains L. Markindorf - And Euromarket made an offer to the
Agency. The Agency asked officially if there were any people from the
neighborhood, who were interested in buying the land. There came 17 people, who
were interested in buying this land. In spite of this, the Agency resigned from
the right to buy the land first. The price proposed by Euromarket was much too
high and therefore not acceptable. But why did not then a court decide about its
real market price?
Already before
this happened, the protesters had blamed the new owners of deceitful acquisition
of the investment ground. Now they suspect other unclear business hidden behind
the procedure of selling the ground.
- These people
see some unclear business everywhere, but this is not the case here replies M.
Kotowski - Euromarket is active
mostly on the car market. Its strategic partner is General Motors, which does
not wish that companies co-operating with him were active in other fields than
cars. That is why Euromarket created Pol-Skal. This company should be active on
the market of mineral resources. That is why Euromarket is now selling the
ground which is meant to be used for that sort of activity. The protesters blame
us with dishonesty, but they break the law themselves. We have taken the trouble
and checked them. We have, for example, asked handwriting experts to examine the
protest letter, under which almost 400 people were supposed to be undersigned.
And it came out, that part of the signatures have been falsified...We are not
intending to leave it like that.
Apparently the
parties to the conflict are waiting to hit harder. Pol-Skal warns of bringing
the case with the falsification of the signatures into court. On the other hand
the Representatives of the protest Committee regard the whole case as a joke and
a distasteful attack on the initiators of protest letter. At the same time they
are informing that they decided to inform the Agency of Internal Security about
the case.
The conflict
around the deposits of feldspar in Mała Kamienica lasts. In the meantime
the exploitation of feldspar will soon begin in a mine in Karpniki, which had
previously been acquired by Pol-Skal. The inhabitants of Karpniki also protested
against recommencing of the exploitation in the old mine and the plans of its
development. As M. Kotowski assures, the company possesses all necessary
documentation to start exploitation. It also possesses land near Kamienna Góra
in a special economic zone, where it wants to build a processing factory. When
the presently held talks with the recipients of feldspar are finished, the mine
will start exploitation of the mineral in spring next year.
Since the elections in 2005 there is a new Minister of Environment in
Poland
.
Minister Środowiska
- Mr. Mr. Jan Szyszko -
phone: (+48 22) 5792404 -
fax: (+48 22) 5792280
Ministerstwo Środowiska
ul. Wawelska 52/54
- 00-922 Warszawa
- The Ministry telephone central number: (+48 22) 5792900
Mr. Andrzej Skowroński Under-Secretary of State, Chief National
Geologist
phone: (+48 22) 5792337 fax: (+48 22) 5792450
Department of Geology and Geological Concessions
Director: Mr. Henryk Jacek Jezierski
phone: (+48 22) 5792429, 5792449, ext. 429, 449
Deputy Directors: Ms. Kinga
Wojtczak phone: (+48 22) 5792258,
ext. 258
Ms. Ewa Zalewska phone: (+48
22) 5792335, ext. 335 fax (+48 22) 5792460, Komertel 3912 - 1803
e-mail: Department.of.Geology.and.Geological.Concessions@mos.gov.pl
- www.mos.gov.pl/dg/
POLISH GEOLOGICAL INSTITUTE
Director Prof. Dr. Hab. Leszek
MARKS -
Address: ul. Rakowiecka 4, 00-975 Warszawa, Poland
Tel.: (+48-22) 849 53 51 w. 400; (+48-22) 849 50 96 /direct/ -
www.pgi.gov.pl
- e-mail: lmar@pgi.waw.pl
The
2 parties which are accepted by Wojewoda are:
Towarzystwo na
rzecz Ziemi
Fundacja Eko-rozwoju FER
ul. Kilinskiego 4
Wojska Polskiego 5/7
32-600 Oswiecim
59-225 Chojnów
tel./fax (0*33) 844 19 34, 842 21 20
tel. 0-76/8191292, 0-691/528281, 0-601/377935
e-mail: biuro@tnz.most.org.pl
e-mail: marion8@poczta.onet.pl
http://www.tnz.most.org.pl
http://zolwieozdobne.ires.pl/marsel/fer/misja.html
NEWS: 14-7-2005 Polish Minister of Environment rejects
decision of Province (Wojewoda). Still no concession for Pol Skal to
start mining activities. The Province has to decide again (for the third time!).
3-2-1006 After appeal to the Court, Fundacja Nemo is accepted as juridical party.
NEMO Association for ramblers,
Westerpark 2
NL 1013 RR Amsterdam
Holland
nemo@pz.nl
tel: +31 20 681 70 13
fax: +31 20 681 70 13
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