The Contentious-Administrative Chamber of the National audience has estimated the resources that Greenpeace and the Pontevedra City Council filed against the resolutions of the central administration by which it was agreed, for a period of 60 years, extends it to ENCE occupation of an area 373,524 square meters of public land maritime domain in the strip of public domain land merit between de Pontevedra and Marín.
In a judgment, the Chamber considers that Resolution of January 20, 2016 of the General Director of Sustainability of the Coast and the Sea, by delegation of the Minister, does not justify, as required by the Coasts Law, that the paper mill, due to its nature, it cannot have another location.
Before ruling on the merits, the Hearing validates the raid of the State Bar formalized in 2019.
Regarding the merits of the matter, the Court explains that by virtue of article 32.1 of the Law on Costs, it must be justified that the facilities whose extension is agreed cannot have another location. In the specific case, the Hearing indicates that according to the expert evidence carried out, it appears that fresh water, in a certain volume, is a necessary and essential resource for the production process of pasta plants. papel Kraft with bleaching, like that of ENCE Pontevedra, as well as the proximity to water resources (salt or fresh water) for the evacuation of the spill, “but not that said plants, due to their nature or configuration, have to be located in the public land maritime domain, which is what the article requires 32.1 of the Coastal Law”.
The Chamber cites other cases such as the BHK cellulose factories, such as the Torraspapel SA in Zaragoza and Papelera Guipuzcoana de Zicuñaga SA, which are located next to rivers where they evacuate the effluent, and also with the ENCE factory in Navia, which according to the experts is comparable with that of Pontevedra, which is located near, but outside the coastal area.
In a first reaction, the mayor of Pontevedra, Miguel Angel Fernandez Lores, said that this sentence means a resounding failure of the Popular Party, because according to Lores they put jobs in danger by not opting for the only solution that would be to seek a transfer.
For its part, from CC.OO that this afternoon called a manifestation in favor of the permanence of Ence in Lourizán, your county manager, Jose Luis Garcia Pedrosa, affirms that they will continue fighting for the maintenance of employment in Lourizán, and that they are not surprised by the content of the sentence because, it clarifies, that the State Government had a position coinciding with the sentence.
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