(InfoWebPress — www.journalcr.com) – The Constitutional Court ordered on Jan. 14, through resolution No. 2008-18529, to suspend environmental viability permits to properties located within the Las Baulas Marine National Park in Guanacaste.
Through a writ of protection, the court annulled in this way all construction permits given to properties in the sea turtle sanctuary, ordering the Ministry of the Environment to immediately proceed with the expropriation of such properties.
The resolution also ask Sonia Espinoza Valverde, secretary general of the National Environmental Technical Secretariat (SETENA), to issue orders within her office not to approve any new environmental viability studies in that protected area.
Additionally, the Constitutional Court has asked the Ministry of the Environment, the Costa Rican Water and Sewer Institute (AyA), and the municipalities of Santa Cruz, Carrillo, Nandayure, Hojancha and Nicoya to jointly conduct a study on the impact constructions and tourism and real estate developments would have on the environment (particulatly on endangered leatherback turtles) in Las Baulas buffer zone — including issues such as noise, light pollution, use of water for human consumption, wastewater and human presence. The order also calls for these organizations to evaluate whether or not it would convenient to also expropriate properties located in this buffer zone.
The court has given a deadline of six months to carry out these actions, beginning on the date the resolution was issued.
Also ordered was the suspension of environment viability studies given to properties located within the park’s buffer zone (500 meters band) until the study requested by the court is completed.
Finally, the Constitutional Court annulled all construction permits issued to properties within the park’s buffer zone that hadn’t completed an environmental viability study, even if the Municipality of Santa Cruz had done it in this way.
It is now up to the Comptroller General’s Office to carry out the respective investigations into this case, with all institutions involved in the matter encouraged to take the necessary measures to protect the Las Baulas park — one of the most important nesting sites for leatherbacks in the world.
The court’s resolution also ordered “the sate and the Municipality of Santa Cruz to pay for the costs and damages caused, which will be determined and paid as dictated by administrative courts.” |
