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The Supreme confirms cancellation of a mining concession in

Cabezon de la Sal

The Supreme Court confirms the cancellation of a mining concession in Novales The High Court dismissed appeals by the Government of Cantabria and the company Hispanibal

23.11. 10 - 00:13 - LUCIA ALCOLEA Cabezon de la Sal. .
The Litigation Division Supreme Administrative Court has rejected appeals by the Government of Cantabria and the company Hispanibal SL against the annulment of the authorization of mining 'San Jose' in Novales (Alfoz of Lloredo). The Supreme Court decides case in favor of the Municipality of Cabezón de la Sal and the Board of Neighborhood Periedo Casar and void as it did in October 2007 the High Court of Cantabria, the authorization granted to the company Hispanibal build a mining Novales. The Supreme Court now says that accesses pass through two mountains provided included in the Catalogue of Public Utility property Cabezón de la Sal and Casar de Periedo.
The Government of Cantabria claimed at the time that "the authorization of the granting of the operation affects land that is not owned by the Municipality of Cabezón de la Sal or the Neighborhood Board of Periedo Casar and pool area where those are are owned by the municipalities of Alfoz of Lloredo, Comillas, and Udías Ruiloba. " Meanwhile the Supreme Court finds that "access to exploitation involving two mountains covered by the Public Utility Catalog property of the appellants and therefore necessarily has to be afforded a legitimate interest worthy of protection and rights conferred on them to attend the contested fight. "

considerations argues that the High Court is "an occupation of the mountains in the public interest as regards the exploitation of mineral resources, matching the course perfectly in Article 178 of the Forestry Regulation which states that records occupation or easement may also be instructed on grounds of public works or services and that in such cases, when the entity owner objected, the Council of Ministers to resolve. " But to declare that 'this has not happened, and to their lack or absence in this case should be declared the annulment of the contested decision. "
Hispanibal The company alleged in the appeal of the land on which the mine is to be located outside the municipalities. In response, the Supreme says that "simply the occupation of woodlands owned by the Municipality of Cabezón de la Sal and the Neighborhood Board Casar de Periedo to affect their interests sufficiently to give them standing to challenge the act giving rise to the occupation because it corresponds to a defense of their interests, as indeed are defending the integrity and appropriate conservation and maintenance of its territory. "
The Tribunal Superior de Justicia de Cantabria (TSJC) annulled in October 2007 authorizing mining 'San Jose', adopted in 2003 by the Directorate General Industry. The estimated TSJC dealing case of public utility owned by the Municipality of Cabezón and Casar Neighborhood Board, entities that no hearing was held in the processing of the application.

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