Română
The revised environmental agreement obtained by Deva Gold for the Certej mining operation does not entitle them to actually start operations. A series of other permits and administrative documents to be issued by local and central authorities should precede the final permit for building the mining facility.
The recent draft law for amending the Mining Law 85/2003, draft law Pl-x 573/2013, rejected by the Parliament on 10.12.2013, would have facilitated in a totally unconstitutional and abusive manner the awarding of necessary permits and agreements for mining companies, including Deva Gold. The mining law thus amended would have enabled mining companies to obtain concession of any asset in the public domain within their mining perimeter, to expropriate any private asset located in that same perimeter, to destroy any historical monuments and archaeological sites which get in their way in order to develop mining operations, as well as to obtain again in no more than 60 days any agreement or approval cancelled by a court.
The Certej mining project would involve deforestation of no less than 187 ha of woods, and such approval, as per the current legislation, can be issued only by a Governmental Decision. A preliminary specific environmental agreement is required, strictly in relation with the environmental impact generated by the loss of such a large forest area.
Deva Gold does not currently hold an ownership right upon all the private land plots where it proposes to develop its mining activities, and this reason would be sufficient to prevent them from obtaining the construction permit as per the current legislation.
The company has not undertaken so far, through certified institutions, any preventive archaeological survey of those areas in the mining perimeter susceptible of belonging to the national cultural heritage. The National Archaeological Register includes 19 sites in the Certejul de Sus locality, archaeological sites, settlements and galleries dating back to the Neolithic, the Bronze Age, the Roman Age up to contemporary times. In the absence of such archaeological survey, those areas cannot be subject to the archaeological discharge and as such the company cannot obtain a construction permit.