Almargem and the Institute for the Conservation of Nature and Forests think so, the Portuguese Environment Agency (APA) thinks no. The Algarve Coordination and Development Commission (CCDR) listened to the arguments and issued an opinion that defends the carrying out of an Environmental Impact Assessment before the Alagoas Brancas subdivision can move forward. However, the one who has the power to decide whether this assessment is necessary is the Câmara de Lagoa and the municipality will wait "quietly" for the Court.
In a statement sent on Monday, Associação Almargem revealed that CCDR Algarve, after having consulted the ICNF and the APA/ARH of the Algarve, considered it necessary that the subdivision of Alagoas Brancas, in the municipality of Lagoa, where an area is located. which is home to many birds, was subject to an Environmental Impact Assessment.
This opinion, which is non-binding - but we'll be there - was sent to the Administrative Court of Loulé, where an injunction was filed by Almargem and the Associação Cívica Cidade da Participação, against the Municipality of Lagoa - and with Edifícios Atlântico as counter-interested -, "to avoid the beginning of any urbanization works which, irreversibly, would destroy Alagoas Brancas".
The environmental association revealed - and a clarification sent to the Sul Informação by the CCDR confirmed – that the opinion considers that the project in Alagoas Brancas «is likely to cause significant negative impacts on the Environment» and that, therefore, «in our opinion, the subjection of the project to an EIA procedure will be justified».
But in this case, what the CCDR has to say carries little weight. This is because the area in question is not covered by any territorial planning instrument, without being a UP3 (Planning Unit), which has municipal scope, and which provides that the project can advance without the need for EIA.
Also the ICNF, which admits consequences for the avifauna that exists in the place, can do little, apart from issuing its opinion. However, the institute's opinion, considers Luís Encarnação, president of the Chamber of Lagoa, has changed over time.
In statements to the Sul Informação, the mayor explains that, in order to issue the opinion, «the CCDR consulted the APA, which said that the AIA was not necessary, in line with what had already been said. The ICNF, on the other hand, despite saying that it is not an area with a dimension to be classified at the national level, says that it should have this assessment. I find this strange, because the ICNF ends up issuing a certificate of incompetence to itself, since, in the past, the two times they were at the site, they said it had no environmental interest».
Castelão Rodrigues, the institute's regional delegate, tells our newspaper that this is not the case.
«The ICNF has always had the same vision, which was transmitted in the time of my predecessor to the Câmara de Lagoa. There was a study paid for by POSEUR and the Fundo Ambiental in three lagoons in the Algarve: Trafal/Almargem, Lagoa dos Salgados and Alagoas Brancas. This study concluded that there are natural values to be preserved, due to the existing fauna and flora», he guarantees.
In the case of Alagoas Brancas, the study identified 114 species of birds, despite the small size, highlighting the presence in that location of at least 1% of the national shrimp breeding population (porphyry porphyry) and 1% of the regional population (Mediterranean, Black Sea and West Africa) of Ibis Preta (Plegadis falcinellus).
Castelão Rodrigues assures that ICNF has always said that there are natural values in this place “and now we also told the CCDR. However, of the three lakes, the one that has a territorial dimension to be part of the national network is Lagoa dos Salgados and only there does the ICNF have to promote its defense».
In the case of Trafal/Almargem and Alagoas Brancas, as they do not have a “territorial dimension, ICNF cannot do this procedure. It has to be at the municipal level. This was broadcast. Loulé underwent a procedure and, at this time, is under consideration to classify Trafal as a reserve area. The same was said to the Chamber of Lagoa». But Lagoa did not advance.
Now, the ICNF was questioned by the CCDR about the need for the EIA, having transmitted that, "if the authority of the area [Câmara de Lagoa] understands that [the assessment] should be carried out, taking into account the existing environmental values, it can be made'.
However, according to Luís Encarnação, it is the court that will decide whether or not there will be an Environmental Impact Assessment in Alagoas Brancas.
“We have already appreciated the opinion of the CCDR. The court commented, said it wanted to hear an opinion and we forwarded all court information to the CCDR which, as we defended, it was the one who had to speak out and not the Chamber. Now, the CCDR has pronounced itself, we have analyzed and we have already sent this opinion to the Central Administrative and Fiscal Court (TAF)», the mayor told the Sul Informação.
The process, he explained, came from the Loulé TAF “because the prosecutor, as a counter-interested entity, appealed and transferred to the Central”.
Now, according to the statement from Almargem, after the opinion of the CCDR, «the Municipality of Lagoa has 25 days to decide on the need for EIA, since the competent entities have already been consulted and its position known».
But, according to Luís Encarnação, “we are calmly awaiting the decision of the court. Whatever it is, let's respect it. That's always what we said and we're very calm», guarantees the mayor.
The president explains that «it is not the municipality of Lagoa that wants to do anything in Alagoas Brancas. In fact, we are waiting for the PDM to be published in Diário da República, and for it to enter into force, and that area will become a rustic area. However, now there is a UP3 there, which is an instrument for spatial planning that cannot be contradicted».
Encarnação emphasizes that “the promoter has rights and, for our part, we will always have to respect them. Any decision that the Municipality takes that does not respect the territorial planning instrument has consequences. In addition to the obligation to indemnify the prosecutor, the executive can also incur civil and criminal proceedings, which can lead to the loss of office».
For all this, “if the court says that the opinion of the CCDR must be complied with and the Environmental Impact Assessment is required, we will communicate to the prosecutor, who is a counter-interested party in the process, that, by decision of the court, it is necessary. Then the prosecutor will do as he pleases. Our posture is to safeguard the Municipality of Lagoa», concludes Luís Encarnação.
Also the CCDR, in the clarification sent to our newspaper, says it awaits the court's decision, but does not forget that the Lagoa Chamber can make a decision.
"This Regional Coordination and Development Commission is awaiting the decision of the Administrative and Fiscal Court of Loulé or the Municipality's initiative to submit the allotment project under consideration to an Environmental Impact Assessment procedure", the entity considers.
Updated at 11:50 am with clarifications from CCDR Algarve on the process.
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