Filenews 10 October 2023 - by Angelos Nicolaou
The competent authorities in the community of Trimiklini detect an of illegalities by diverting water from the Kouris River and transferring it to illegal fish farm facilities, where fish are bred in special tanks. An artificial lake was constructed, entertainment and event facilities were erected, such as a restaurant, wooden houses for accommodation and sauna rooms.
The Cypriot owner of the business, asked by F" to give his views on what is reported by the competent authorities, rejected the complaints. However, he did not want to comment further.
As can be seen through the correspondence of government departments, not only was there tolerance, but also coverage of illegalities, while there are cases where a department director acted in excess of authority by legitimizing part of the illegalities. Last year measures were taken to comply, but a year later the illegal operation of the facilities continues.
Recently, it was decided to take further measures, the main one being the preparation of a misdemeanor report, which was forwarded to the Attorney General of the Republic for legal action.
This development has many illegalities which fall within the competences of the Ministry of Agriculture, Rural Development and Environment and the Ministry of the Interior. In particular, the illegalities, always according to the notes of state services, concern violations of the provisions of the legislation of the Department of Fisheries and Marine Research, the Department of Environment, the Department of Water Development, the Department of Town Planning and Housing and the Department of Lands and Surveys and the District Officer of Limassol.
The violations, among others, concern: (a) Riverside, intervention for the creation of three large-scale earthen reservoirs, construction of bridges, serious concrete intervention along the river, (b) violation of the conditions accompanying the license for the establishment and operation of a fish farm, carrying out fish farming activities outside the area defined by the permit, (c) no environmental permitting, (d) wrong use of leased land, (e) development on agricultural land and a river protection zone. In all cases, planning and building permits were not obtained.
The illegalities in development, the actions taken or planned to be taken by the competent departments of the Ministries of Agriculture and Interior were discussed at a meeting of all stakeholders chaired by the Director-General of the Environment. At the meeting it was mentioned that in 2012 a Preliminary Environmental Impact Report (PEEP) was submitted to the Department of Environment. However, no environmental opinion was issued, as the applicant did not provide the information requested.
The same applies to the waste disposal permit. In 2016, the Department of Town Planning sent to the Department of Environment for views an application for change of use of an existing water reservoir for irrigation and aquaculture purposes in Silikou, while in 2018, for opinions, a relevant application for a planning permit for the purpose of changing use and legalizing the operation of the existing irrigation water reservoir.
Subsequently, in 2019, the Department of Lands sent to the Department of Environment, a relevant application for the granting of a license for the use of part of the public river for the construction of a lake – reservoir for fish farming purposes, the lease of state plots for agricultural purposes and fish farming and the granting of the right of passage from state plots and the public river for the same purposes, in the community of Trimiklini.
The Department of Environment, taking into account the above, did not advocate the implementation of the applicant's requests because these are projects that were implemented without taking into account the provisions of the Environmental Impact Assessment of Certain Projects Law. The Department of Environment considers it necessary to implement relevant legislation to remove illegalities before any environmental assessment.
For the needs of the farm and for irrigation of other various plots, a total of five permits have been issued for drilling boreholes and two permits for diversion works by the Water Development Department (WDD). For a total of seven projects, the corresponding water abstraction permits have been issued, i.e. permits for water abstraction in which the permitted annual quantities are determined. All water abstraction projects (boreholes) are licensed with all licenses and do not operate illegally. As far as containment works are concerned, they are also licensed by the WDD. It is stressed, however, that violations of the terms of the permits concern the rational use of water diversions during the summer months where water should remain for the flow of the river.
As for river interventions, these are mainly large-scale earthen reservoir constructions, bridges and other projects. Also, there is serious concrete intervention along the river to protect the pipeline to transport water to the fish farm. The WDD argues that issues related to flood management from illegal construction should be studied.
In violation of the aquaculture laws, an operating permit was granted in February 2013 by the Department of Fisheries and Marine Research (DFMR), if the necessary permits had not been obtained and if the environmental impact study had not been approved, as claimed by the Department of Environment. According to the Department of Environment, the responsibility for issuing the permit without satisfying the provisions of the legislation lies with the then director of DFMR.
DFMR issued a license for the establishment and operation of a fish farm for extensive cultivation of tuna, trout and sturgeon in a water reservoir in the area of Trimiklini on the basis of an application submitted on September 26, 2011.
On September 19, 2012, DFMR sent to the Department of Environment the Preliminary Environmental Impact Report (PEEP) requesting the increase of its production from five tons (extensive) to 20 tons / year (intensive).
On 6 February 2013, the Department of Environment sent a letter to the Director of DFMR stating that prima facie the final opinion on the PEEP would be positive. The next day, on February 7, 2013, the then director of DFMR issued a license for the establishment and operation of a fish farm for the duration from 13/10/2011 to 12/10/2021 for a production of 20 tons / year, although the environmental report had not been issued by the Department of Environment.
On January 25, 2016, DFMR sent a letter to the owner company to obtain planning permission, informing at the same time of the possibility of taking action against it in case it does not comply. The planning permission for the use of the earthen reservoir for aquaculture purposes was obtained in 2020.
In the meantime, the company had proceeded with the construction of other concrete tanks at another site for which it had not previously obtained any necessary permits. Trout and sturgeon were placed in these tanks for cultivation. The cultivation of fish in these tanks continues to this day despite repeated warnings to secure the necessary permits for their legal operation (planning permission).
The DFMR in a letter dated 2/9/2022 to the company requested the immediate cessation of any aquaculture operation in these tanks.
DFMR proceeded to an on-site inspection on 19/9/2023 at the site where the facilities are located. The Director of DFMR, based on the Aquaculture Legislation, examines the possible revocation of the license for the establishment and operation of the fish farm.
LIMASSOL DISTRICT OFFICER DETECTS ILLEGALITIES
The Limassol District Administration, following the detection of illegalities for the development activities in Trimiklini, has sent warning letters to the owner of the land and the holders, for the removal of illegalities, without response.
Therefore, a Misdemeanor Report has been prepared which has been forwarded to the Attorney General of the Republic for legal action. According to the District Administration, the development is located on private and state plots, which are not served by a public/registered road.
It is also noted that for the needs of the development there is also illegal water extraction from another, unlicensed, part of the river. The C.S. of Trimiklinis has supplied it illegally, without the approval of the District Officer. At the same time, it was found that during the summer months water is stolen from the Irrigation Department "Fraktis", a case that has been reported to the Police, since the plots do not even fall under the Irrigation Department.
