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Sunday, February 6, the National Agency of Mineral Resources published a statement indicating that the agency had inspected the activities of two manganese mining licensees in the Shkmeri village of Racha and concluded that one of them had violated license terms (LTD Technology 2021). [1] According to the statement, the license-authorized activity is currently suspended. According to the public's misinterpretation of the agency's announcement, manganese would no longer be mined in Shkmeri. In actuality, the agency's statement does not preclude the resumption of manganese mining, and any other interpretation at this point would be premature. To prevent the renewal of manganese mining operations in Shkmeri, the issued permits must be revoked, which has not yet transpired.
Note that the agency made the statement late at night on day-off. They indicated in the report that they have examined the situation in Shkmeri "under the direction of the Georgian prime minister." In actuality, however, the agency, at the request of the local community and with the aid of the "Green Alternative," checked the works just once, not currently but on November 5, 2021, and violations were instantly detected. The agency's statement includes no mention of this, creating the misleading impression that the works is now been reviewed at the request of the Prime minister.
Regarding the commencement of manganese mining in Shkmeri, we emphasize that the agency's authority has so far just recorded the violations, and that further steps, including the necessary court order and repeated financial penalty, are required to suspend the license. [2]
To exclude the renewal of mining, it is essential to revoke the issued permits. However, the Ministry of Economy and Sustainable Development, by decree dated January 25, 2022, did not meet the complaint of "Green Alternative" and "Social Justice Center," which demanded the annulment of valid Shkmeri licenses.
The complaint indicated that in issuing the licenses, the agency violated the guarantees and obligations established by national legislation and international legal acts regarding the informing and participation of the population in the decision-making process, as well as the Aarhus Convention, which sets the obligation of maximum public involvement in environmental matters. "Green Alternative" and "Social Justice Center" are appealing the Ministry of Economy's denial in court.
Lastly, the portion of the agency's announcement stating that "the license for mineral extraction in the village of Shkmer in the municipality of Oni is no longer being issued" is ambiguous. It is unclear what legal authority supports this position; therefore, this portion of the statement requires clarification.
Footnotes and Bibliography:
[1] Let us recall that in addition to "LTD Technology 2021", "LTD Norti" also possesses the license to explore and harvest manganese in Shkmeri and that Giorgi Ninikashvili, the owner of both firms, has previously been convicted of illegal mineral mining. The published statement solely applies to LTD Technology’s 2021 license, which does not restrict the company's operations within the scope of the second license.
[2] After the court has ruled on the violation, the agency shall identify a reasonable timeframe for satisfying the licensing terms and define the criteria that must be completed for mining operations to continue. Failure to comply with the terms will result in a tripling of the punishment, and the license holder will be issued a new deadline and related words for complying with the license agreement. It is permissible to debate the revocation of a license only when the financial penalties and proper processes have been satisfied. In the event of a second tripling and failing to fulfill the increased requirements, the agency may consider revoking the license. Therefore, the suspension of activity is only a part of the procedure, and it is unnecessary to discuss any unique agency strategy.
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