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GREEN POLITICS /
Statement
Despite violating the terms of the construction permit, Enka was not fined
Based on the materials of the Technical and Construction Supervision Agency, EMC considers that during the construction of Namakhvani Hydroelectric Power Plant in October 2020, Enka Renewables Ltd was not fined for violating the terms of the construction permit and carrying out preparatory work illegally. Enka Renewables Ltd was obliged to obtain the right to build on the diversion tunnel before the start of the preparatory works, in particular, to submit to the Technical and Construction Supervision Agency the complete design documentation of the facility with the relevant expert opinions. However, the company started the construction before submitting the indicated documentation and agreement, which is a violation of the permit condition. The agency did not record this violation and did not respond accordingly.
Given that, we consider that the LEPL Technical and Construction Supervision Agency of the Ministry of Economy and Sustainable Development of Georgia, while inspecting the ongoing works at Namakhvani Hydropower Plant, disregarded its statutory provisions and did not apply the liability measures prescribed under the legislation against Enka Renewables Ltd.
It is known to the public that Enka Renewables Ltd is not allowed to carry out preparatory and land-related work within the framework of the construction of the Namakhvani hydroelectric power plant from September 21, 2020. EMC made a statement to the agency to respond to the fact.
The response received from the agency shows that during the inspection of the conditions of the construction permit issued to Enka Renewables Ltd in October 2020, the agency determined the process of preparatory type and land-related works. However, instead of identification of violations of the construction permit conditions and imposition of administrative liability, the agency considered that under the amendments to the construction permit on September 21, 2020, the company had the right to start construction of individual project facilities, which in turn included preparatory work.
It should be noted that the change in the construction permit envisages a similar reservation, however, to exercise the right, Enka Renewables Ltd was obliged to submit the complete design documentation before the construction of a specific facility and started the work only with additional consent. The company first received such additional consent on December 3, 2020, by letter N04 / 1681 of the Agency, according to which the Agency agreed to start the construction of the diversion tunnel and related structures on the site. Consequently, only from December 3, 2020, the company had the right to carry out preparatory work on-site for specific facilities.
The inspection by the Technical and Construction Supervision Agency on the conditions of the construction permit was carried out in October 2020, during the period when the company was not allowed to carry out the preparatory type and land-related work on any of the projects sites under the existing construction permit. Accordingly, the agency was obliged to establish a violation of the permit conditions as a result of the inspection and to impose appropriate responsibilities on the company.
It is noteworthy that such practices of state bodies and non-fulfillment of their obligations highlight the state’s loyalty to Enka, which is reflected in the inappropriate response to illegal construction processes.
The EMC considers it inadmissible when state supervisory bodies do not exercise their powers, especially when, on the one hand, there is widespread public concern that the project is being implemented with violation of legislation and, on the other hand, political officials are failing to justify the project.
