Filenews 23 March 2024 - by Angelos Nicolaou
Large-scale arbitrary earthworks, which include clearing / deforestation of vegetation, excavations and embankments, as well as illegal construction works, on a piece of land owned by ecclesiastical property, with the aim of building a monastery, without the required environmental approvals and town planning / building permits, have been taking place in recent weeks in the area of Cape Greco.
Following complaints submitted to the Minister of Agriculture, Rural Development and Environment, instructions were given for an immediate on-site visit to determine whether the complaints were well-founded. A team of the Department of Environment immediately visited the area and confirmed the relevant allegations of illegal construction of a monastery, while proceeding with actions to stop the arbitrary works.
Specifically, on 19/3/2024, the Department of Environment investigated an incident of arbitrary interventions and illegal constructions within two areas of the Natura 2000 network, the Special Area of Conservation (SAC) and the Special Protection Area (SPA) of Cape Greco. The investigation revealed arbitrary earthworks and illegal construction works for the construction of a monastery, on a piece of land of ecclesiastical property, which belongs to the Holy Metropolis of Constantia – Famagusta. According to the Department of Environment, the above actions are carried out without the required environmental approvals and planning / building permits.
The Department of Environment immediately took specific actions. One of them concerned a meeting with a representative of the Ayia Napa Church and informing him: a) about illegal actions, b) the obligation to immediately terminate construction works and c) the obligation to take immediate measures to restore legality. Furthermore, the Department of Environment informed the District Officer of Famagusta and the Mayor of Ayia Napa to take immediate measures to implement and enforce the current legislation, as well as to ensure the termination of works and restoration of legality. At the same time, the Department of Forests and the Game and Fauna Service were informed about their own actions.
On 21/3/2024, a team of the Game and Fauna Service carried out an on-site visit and proceeded to serve an extrajudicial fine of €2,000, due to the degradation of habitat and disturbance of wildlife, based on the provisions of the Protection and Management of Wild Birds and Game Law. In case of non-compliance with the provisions of the legislation, the head of the Game and Fauna Service may apply unilaterally (ex-parte) to the court and request the issuance of a decree for the immediate termination of any work carried out in violation of the law, as well as the immediate removal from the area of the works of all means used for their execution.
At the same time, on 21/3/2024, the Department of Environment sent a relevant letter to the District Officer of Famagusta, the Mayor of Ayia Napa and the Director of the Department of Town Planning and Housing, with notification to the Director of the Department of Forests and the Head of the Game and Fauna Service.
According to the Department of Environment, the project under construction falls under the Second Annex of the Environmental Impact Assessment of Certain Projects Law (Churches and other places of religious gathering). Based on the provisions of the aforementioned law, an Information Report should be submitted to the Department of Environment, in the context of issuing a planning permit / building permit, so that the Environmental Authority can proceed with the examination of the project.
It is also noted that the project under construction falls entirely within the protected areas of the Natura 2000 network SAC and Cape Greco SPA. Therefore, its licensing is subject to the provisions of the Protection and Management of Nature and Wildlife Law, as due to its size and use, the submission of a Special Ecological Assessment Study (MEOA) was required.
The letter emphasizes that the Department of Environment does not carry out procedures for the evaluation of projects that are at an advanced stage of construction and/or have been completed, without applying in principle the provisions of the Town and Country Planning Law and/or the Regulation of Roads and Buildings Law for constructions and without taking the appropriate measures, based on the provisions of these legislations.
In conclusion, the Department of Environment requests the District Officer of Famagusta, the Mayor of Ayia Napa and the Director of the Department of Town Planning and Housing to be informed of further actions regarding the termination of works and the taking of measures for these illegal interventions.
On 21/3/2024, the Department of Environment also sent a letter to the Metropolitan of the Holy Metropolis of Constantia – Famagusta, with notification to the District Officer of Famagusta, the Mayor of Ayia Napa, the Director of the Department of Town Planning and Housing, the Director of the Department of Forests and the Head of the Game and Fauna Service.
As noted, the project under construction falls entirely within the protected areas of the Natura 2000 SAC and Cape Greco SPA. According to the provisions of the Protection and Management of Nature and Wildlife Law, as well as the Environmental Impact Assessment of Certain Projects Law, for this project should be submitted to the Department of Environment for examination, in the context of the granting of a planning permit and/or building permit, a MEOA and an Information Report, respectively. Therefore, the Department of Environment asks the Metropolitan of the Holy Metropolis of Constantia – Famagusta to proceed with the immediate termination of the works.
Arbitrary interventions in an area of special ecological value
Arbitrary interventions and illegal construction works take place at Korakistra / Maseri of Koukos. Based on the Development Idea of the current Ayia Napa Policy Statement, published in 2015 and approved in 2017, this is an area classified as forest land. The defined land use concerns the Coast and the Nature Protection Area (PF), while the area falls within an Urban Protection Zone (DA1).
The area where large-scale arbitrary interventions and illegal construction works have already been carried out is located in the central part of two Natura 2000 sites, the SAC and the Cape Greco SPA. At the same time, the piece of land of ecclesiastical ownership is enclosed within the Ayia Napa State Forest and the Cape Greco National Forest Park.
In the area there are important and protected natural habitat types characterized by the Cape Greco SAC, such as tree scrub with invisible, brushwood consisting of mazia and savory, as well as olive and carob forests.
In addition, the piece of land of ecclesiastical ownership falls within a defined known corridor – passage of migratory wild birds, as well as a recognized important area for birds. In the area there are important and protected species of wild birds characterized by the Cape Greco SPA, such as the endemic species of Cyprus, the wheatear and the wooded mass that nest in Cape Greco, as well as several migratory species, which use the area as a resting and feeding station during migration (spring and autumn), such as the bee-eater, the black falcon, The kestrel, the white-tailed, the swamp-shiachino, the kamposiachino, the ornithosiachino, the buzzard, the bee-bearer, the buzzard, the double-falcon, the peregrine falcon, the buzzard, the elk and the falcon.
It is noted that, based on the Protection and Management of Nature and Wildlife Decree of 2019 (ΚΔΠ 205/2019), which was issued pursuant to article 13(2) of the Protection and Management of Nature and Wildlife Law, the priority measures for the Cape Greco SAC, among others, include the following:
• "Maintenance of the habitats of the bird species observed in the SAC at a favourable conservation status to ensure its presence and livelihood, in particular with regard to the species listed in Annex I of the Protection and Management of Wild Birds and Game Laws of 2003 to 2015".
• "Restriction and/or prohibition of actions and/or nuisances and/or activities, as they arise from the Forest Law of 2012 to 2018, within the SAC that may have significant negative effects on the SAC, in order to avoid the degradation of natural terrestrial, marine habitats and habitats of species".
