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Destruction of a paradise for the many just for the greed of a few

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Offline David

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« Reply #100 on: January 06, 2010, 10:41 AM »
A happy New Year to one and all

I received this small article in La Opinion this morning via a google alert. I have included a rough Google translation. The social economic report  which they speak about  was commissioned by the Platforma Contra La Cantera Casarabonela last year and has been used to inform all the departments and people who will eventually have to make a decision on the opening.
 
A. g. CASARABONELA. The opening of three new quarries in the municipality of Casarabonela is raising controversy. Before the popular rejection of these projects, the Andalusian MEP of Izquierda Unida, Jose Antonio Castro, raised a question to the Minister of Innovation, Martin Soler, referring to the situation of these three plants.
The  head of the Board in this area has responded that today, in Casarabonela, "there are three administrative authorizations Which only one meets all requirements today to be active exploitation projects".
The officer also said that the report of the University of Malaga has been included in the dossier of the delegation for innovation for consideration in subsequent administrative formalities, that UI, Miguel Esteban Martin, regional coordinator considers important, "because it is a report of great scientific rigour and to alert the negative effects from environmental, social and economic point of view of the opening of a quarry.

http://www.laopiniondemalaga.es/municipios/2010/01/06/iu-denuncia-anomalias-canteras-casarabonela/313041.html

Offline David

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« Reply #101 on: August 02, 2010, 14:50 PM »
We have today received notification that our case against Cox Salmons the owners of the quarry site Los Jarales,and  the Consejería de Innovación, Ciencia Y Empresa has been accepted to be heard in tribunal  by the Malaga courts and we should have a day in september if everything goes to plan.
 
This will be the second part of probably a long journey   :roxysnail:  but the fact that the judge after reading the paperwork submitted by the Platform has agreed to hear the case is in itself  good news,although this has taken over a year to reach this stage.
 
The Platform has been going down this route as well as others to obtain a definitive answer to the situation as we feel that we cannot have the quarry hanging over our lives in this way , with Mayors and the Town hall of whatever political party in power constantly changing their minds regarding the status of the Cantera for political or financial reasons now and in the future

Offline Dave

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« Reply #102 on: August 02, 2010, 15:58 PM »
Hi David
The start of a long journey maybe, but good news. Congratulations to everyone involved
Regards
Dave

Offline David

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« Reply #103 on: November 05, 2010, 09:58 AM »
Since last  Sunday the Platform have been trying to inform all the people of the village and the surrounding areas of the current up to date situation regarding our case against the  Ministry of Innovation, Science and Enterprise of Andalusia ( previously Mines and Quarries)and the owners of the quarry site. This started with leafleting all the houses in the village on last sunday morning and during this week placing the information ( spanish only ) on the Town Forum,in the attachment you will see three copies for information
We will now extend the information to all the  usual agencies of the Junta , Sierra de las Nieves , Defensor Pueblo, European Union . We are also composing articles for any newspapers willing to publish .
In defence of their case we were amazed to find that the company has submitted to the court labour plans showing continous work for many years at the site which has been disused since 1991, even though they have no opening or working  licence.These plans have not been approved or disputed by the Junta instead they have done nothing and so the law of administrative  silence rears its ugly head.
Another problem is the length of time it is taking to come to the courts and what we thought would be a few months we have now been informed could take up to a year from our submission date in september this year  :roxysnail:
The information in any other court of law would be shown to be false imeadiatly ,but in this legal system who knows :noidea:

Offline David

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« Reply #104 on: May 02, 2011, 17:04 PM »
We are still awaiting  a date for the tribunal against the Quarry owners and the  Consejería de Innovación, Ciencia Y Empresa :roxysnail:

However, things are still moving even if slowly and  we were recently asked for two sample witnesses to give statements regarding their knowledge of activity at the quarry site which everyone in the village knows has not been active for nearly two decades, this has now been done.

The Mayor was also called to make a statement  ,however,as the statements of all the witnesses were taken in closed session we have no idea what he was asked or answers he gave,until hopefully they are released to our lawyers soon.

The court have also asked the Guardia Civil questions regarding the licences for any explosives use at the site ,to which the answer can only be none,as the quarry is 1 km from the village and any explosion would be heard no matter how small, in fact explosions at the Coin quarry 30 km  away can be heard across the valley.

So now we wait for a date for the Tribunal, the elections are with us in a few weeks time and the parties are now setting out their stalls
ACIC the  independent party have been against reopening the Quarry since 2004 their leader being also the head of the Platform contra la cantera Casarabonela . The Party Popular have also made a public announcement at their meeting  that they will not assist with the opening if they were to be elected. We await the ruling  PSOE  statement if any,however ,the past two elections the Mayor has said he will look for alternatives for the site but nothing has been forthcoming. So the Platform fights on irrespective of what the politicians say or do.       

Offline David

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« Reply #105 on: May 07, 2011, 11:07 AM »
I posted on 6 th Jan 2011 that the Izquierda Unida deputy Málaga, José Antonio Castro had asked for The Minister of Economy, Innovation and Science Commission to appear to answer questions. This has now happened we believe on the 26 April although we have yet no knowledge of the outcome .I have posted various links regarding the meeting below ,and a translation in English

http://micandidato.diariosur.es/noticias/401-comparecencia-del-consejero-para-explicar-la-autorizacion-a-una-cantera-en-casarabonela.html

http://www.parlamentodeandalucia.es/webdinamica/portal-web-parlamento/actualidad/comunicadosdeprensa.do?id=58413

Appearance of counsel to explain the authorization for a quarry in Casarabonela
Written by IULV-CA
Wednesday, April 6, 2011 11:30

The Minister of Economy, Innovation and Science Commission to appear in response to questions from the Izquierda Unida deputy Málaga, José Antonio Castro, on a quarry in Casarabonela and alleged irregularities in the concession

It is a mining concession called "Jarales" on which also is a lawsuit against the Andalusian High Court of Justice of Andalusia (TSJA) submitted by the public platform Casarabonela against Quarry.

As explained Castro, the mine will have a major impact on the environment and the town's population and proximity as well as on the economy of a living area of ??its protected areas, because "we speak of the Sierra de las Nieves" .

Izquierda Unida deputy remember that there are other quarries in Ojen, Monda and Yunquera and Andalusian itself recognizes that more is needed to meet the demand of the province and even the community, especially now that the construction is stopped .

The representative of the leftist coalition in Malaga refers to a report by the Department of Ecology and UMA Sciences recommended a moratorium on opening new quarries would lead to a prohibition of consumptive use in the Biosphere Reserve by high ecological value.

That report also stresses that that part of the area quarry called the LIC, as autonomous administration and the local council have an obligation to ensure the protection of the environment.

For his part, Deputy Provincial Environment and coordinator of the region of Guadalhorce, Miguel Esteban Martin, recalled that the neighbours
rejected in 2004 the creation of the quarry by the negative impact on the health of the population and its resources.
 

Offline David

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« Reply #106 on: May 08, 2011, 17:32 PM »
There was  a meeting of the Platforma Contra La Cantera Casarabonela  last night items of interest were

Firstly in the last few weeks  our current mayor has now testified to the secretary of the Tribunal  who are hearing our case against Cox House Salmonds the owners and the Junta Andalusia  . As well  other questions he was asked  he has stated he has not personally signed the licence for the quarry to open. We have it on good authority that the only person in the town hall who could legally sign this licence is the ruling mayor. So from this we know that the owners have no authority to work there in contradiction to their statement that they have worked there over many years in recent times.   

Secondly the Guardia civil have sent three documents requested by the court .These documents show that according to the archives of the Police department responsible for explosive licences and control of explosives  the owners have not had any licence to draw or use any explosives at the Jarales quarry in the years covering the times they have claimed they were working there. The submissions of work at the cantera to the Junta is their mainstay in maintaining the licence through continuity of work over the years. 

Finally the  sample statements from two  people here have also been taken at the same time as the mayors these two people have in response to questioning stated that they have seen no mining activity at the site during the years in question . We were only asked for two people to make statements  although the whole village knows the Cantera has been inactive since its forced closure.

These statements and other paperwork will now go to the tribunal to support our case 

Offline David

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« Reply #107 on: May 24, 2011, 07:09 AM »
Well with the election now over is the Platform Contra La Cantera any better off politically in the village ? Yes we are, the Independent party (AGIC)who came from nothing in the 2007 elections to take two seats on the council have increased their vote at the expense of the PSOE A and taken a further seat . The PSOE now have lost control of  the council and we are awaiting announcements regarding how the Town hall will be run in future.
One of our frustrations over the past years has been whilst the PSOE Mayor  has  been saying he  wont issue a licence for the cantera he has  done nothing to stop it allowing the owners to continue building a case to open,and not taking advantage of issues such as the PGOU when he could have declared the area not for industrial use . It has been left to the Platform to request documents and information to use in the case that by law should have been given to us as they are received or issued by the Town hall.
The leader of AGIC is also the leader of the Platform so i am sure that anything to help the case will now be freely available to us without resorting to solicitors to obtain it.
We await the announcement on the future running of the Town hall in the next few days  :clapping: 

Offline David

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« Reply #108 on: June 12, 2011, 15:31 PM »
Well the horse trading is over and the election result for the village has been announced ,the final result is a coalition between the AGIC independent party and the PP .The PSOE have lost control of the town hall even though they retain 5 seats in opposition.

So we now have the leader of the Platform Contra La Cantera Casarabonela who is also the leader of the AGIC independent party as our Alcalde for the next two years when he will revert to deputy and allow the PP leader to take his place for the second two years .

We could never have dreamed of being in this position which now allows us transparent access to the Town hall on matters regarding the Cantera  and its owners .

The Platform has offered the Town hall access to our Lawyer who is very experienced regarding licences for quarries and hopefully between the two parties and the lawyer they can reach some sensible ideas regarding stopping this disaster once and for all.

We still await the tribunal against the Junta de Andalusia and the quarry owners no date yet forthcoming. :noidea:



 
   

Offline Waste-Dweller

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« Reply #109 on: August 03, 2013, 12:21 PM »
I'm sorry I haven't been able to read every deatil (ill,tired, sore eyes) but why does the thread just STOP? What happened in the end?

Offline David

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« Reply #110 on: August 04, 2013, 18:38 PM »
Well I am pleased to say the Cantera is still not open due to many reasons. The Platform Contra La Cantera is still active, but due to the crisis there is a lack of interest within the village I am sure some have more pressing problems to contend with at the moment.
Firstly due to the crisis in construction of houses and roads there is no requirement for the material and I do not fool myself, I  am sure that if we were still at pre crisis levels  of construction they would have pushed harder to get it open, in fact  probably just reopened it again  illegally .
Secondly we “The Platform Contra La Cantera Casarabonela” have asked for a review of the legality of the owners obtaining and maintaining of the licence over the past two decades, since the illegally opened Cantera was rendered inactive having been closed by the respective Malaga authorities. This is currently in the queue within the Malaga justice system; we know things are moving along as we are asked periodically for evidence or other documents.  
 We say the Cantera has been inactive over many years they say not and they have presented documented proof to the court of extraction of material over the years, we have contested this and the courts will make the final decision, i am sure a child could work out that these work records are false, however, they have in effect been signed off by the respective authority in Malaga by “silence “when they should have been challenged over the years when presented.
On the political front the last elections here in the village removed the PSOE mayor who was the person supposedly against reopening the Cantera when it suited him at election time, but in reality did nothing to stop it and was in talks with the owner’s right up to his last days in office.  I “personally “believe had he been returned to office the licence would have been given. He has been charged along with the town architect for granting illegal licences for buildings, he has been found guilty on several counts and has escaped a prison term with a fine. He has appealed and he is currently awaiting the outcome.
The head of the Platform against the Cantera stood at the last election as an independent candidate and gained enough seats to go into a coalition with the Party popular against the PSOE. They have shared the role of Mayor and he has just finished his 2 years in office transforming the Town hall from a chaotic unhelpful place into a more efficient and transparent organisation. In this time he has met the owners of the Cantera site on a number of occasions and had meaningful discussions about the sites future. The owners have been offered the opportunity to present ideas for alternative non destructive use for the area which the Town hall will if appropriate look to support.  
The PP took over the Mayoral position in May for the final two years they are also against opening the Cantera and hopefully the conversations will continue.
Two years ago the owners dismantled cleaned and painted all the quarrying machinery and shipped it to UK? We have no idea why but without this they cannot continue their pretence of working at the site.
A consortium of people have applied to build a Golf course and other sporting venues down the valley below the village ,this is in early stages but has been given the  provisional go ahead for further studies . Whilst i am sure that many will say oh no not another Golf course i say it is a better option than removing a principle mountain in the Sierra Del Nieves. The water for this area will come down the valley from the mountain area on which they proposed to reopen the Cantera .I am sure that no investor will take the chance of their water supply being cut or polluted by the mining operation so it is another strong argument in our favour.
So the mountain wildlife and scenery are all still there in fact with the removal of the equipment it looks even better than a few years ago.
I promise to keep you posted as anything happens.
 

        
  


Offline Dave

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« Reply #111 on: August 04, 2013, 18:46 PM »
Hi David
As you say thanks to the downturn, nothing has come of this, as they say every cloud................. Thanks for the update
Dave

Offline Waste-Dweller

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« Reply #112 on: August 10, 2013, 22:13 PM »
What marvelous news! You must all be so relieved! Even if it is because of the economic stoppage, congratulations on all you've done and n having a better mayor. Thanks for the report.

Offline David

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« Reply #113 on: April 22, 2014, 21:44 PM »
Hi All Apologies  for the lack of information on the long  winded saga of the  proposed Casarabonela Cantera. There have been many ups and downs in our fight since my last post however a brief update.
We lost our case against the Ministry of Science and Innovation  in the Malaga courts ,after three years of waiting ,after interviewing many of the Platform,accepting written evidence from agencies and individuals the judges ruling was that the Platform was acting in their own interests and had no legitimacy. He made a ruling  and i quote his ruling “…considering lack of legitimacy on the part of the plaintiff disallowing the appeal, without looking into the essence of the matter...” you can judge for yourself . We are not appealing as the costs are to high . There is a second court case waiting to be judge upon brought against the owners by our Town hall we await the result . To say we are disappointed is an understatement but we continue the fight . The only saying grace is that the current occupiers of the town hall are against the Cantera and will not sign the licence to reopen they have had meetings with the owners to discuss other uses for the site without success. The other reason they are not pushing to reopen is the lack of need for the material . This is the down side of our campaign  i will send in my next post the up side we received recently.   

Offline David

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« Reply #114 on: April 22, 2014, 22:05 PM »
Below as an attachment is a PDF file from the Medio Ambiente in Malaga referring to new additions they are attempting to include into the Natural Park here . In it is reference to the Sierra Alcaparain y Aguas which is the mountain they left detached from the Sierra de las Nieves originally which is of great interest to us as this is the mountain which has the disused Cantera .This for us is great news our Town hall has been asked to respond and has done so highlighting the importance of this mountain for the Aquifers,wildlife , fauna etc etc .
So from a disaster last year new hope ,we have to keep this moving in the right direction now , in one years time we have local elections and a change of ownership in the town hall could be a disaster for us. Regards David . Sorry the PDF will not down load

Offline Clive

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« Reply #115 on: April 23, 2014, 01:38 AM »
Hi David... Bitter sweet news indeed.....

Send me the pdf and I will upload it to the forum.... clive ---- at ---- grazalemaguide - - com
Explore the nature of Iberia at www.wildsideholidays.com

The beautiful town of Ronda, the City of Dreams?

The spectacular Caminito del Rey, El Chorro and Guadalhorce reservoirs El Camino del Rey

Offline David

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« Reply #116 on: April 24, 2014, 00:32 AM »
Clive you should have it on email hope you can post it .

Offline David

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« Reply #117 on: May 24, 2014, 01:00 AM »
A little aside to the still ongoing battle . The Guardia have been active on our mountain in question  see attached link ,lets hope the chicks are accepted back?

 http://www.theolivepress.es/spain-news/2014/05/21/gang-of-five-arrested-after-golden-eagle-chick-heist/