Spanish
A case concerning sand and mud extracting activities to consolidate a parcel of the lake of the Miramar natural park where two buildings are intended to be built.
The public prosecutor stated that those extracting activities and the intended real estate project could have a negative impact on the environment. Indeed, the extraction of sand and mud from the lake could erode the land on the shore and weaken nearby houses. Furthermore the buildings planned excess the height limitation allowed in this region. Thus the public prosecutor required the court to take a preventive measure forbidding the property developer to pursue his work.
The court considered that the level of environmental risk was acceptable as it was already assessed by an environmental impact assessment done by the Ministry of Environment. Furthermore, the court recalled the fact that the holder of an environmental licence is presumed to respect the environmental measures and that the burden of the proof lies on the accusers. Therefore, there is no need to take any preventive measures.