The State Should Suspend the Works and Request
Compensation of Damages
CENN
According to official information from the Ministry of Economy and Sustainable Development of Georgia, RMG carried out blasting at the Sakdrisi deposit without a permit.
In a letter received by CENN on December 19, 2014, from the Technical and Construction Supervision Agency, it was stated that “the agency has not given a permit to carry out blasting activities at district #1 of the Sakdrisi deposit”.
According to Article 5 of the Law of Georgia on Explosive Materials for Industrial Purposes, it is prohibited to use blasting materials without obtaining a permit from the Georgian Technical Supervision State Inspectorate.
Accordingly, the blasting carried out on December 13, 2014, at district #1 of the Sakdrisi deposit was illegal and is subject to a relevant legal response from the State.
The State Response
According to the Law of Georgia on the Control of Technical Hazards, the mentioned violation is subject to an administrative punishment that does not indemnify the offender from an obligation to correct the violation and compensate the damages caused by it.
In the case of serious consequences resulting from the use of blasting materials, the violation is classified as a criminal one. According to Article 244 of the Georgian Criminal Code, the punishment for violation of the rules on the use of explosive materials that cause severe results is a penalty or detention of offenders.
Drilling-blasting works associated with mining and activities related to the discharge of industrial explosive materials are controlled by the LEPL Georgian Technical Supervision State Inspectorate.
In cases of violation of the rules on the exploitation of a hazardous industrial facility, the Inspectorate, according to Article 3, should issue a written request to suspend works at the facility or at a particular location. If the request is ignored, the Inspectorate should transfer information on the case to relevant state institutions for enforcement of their request.
The Inspectorate, according to the Administrative Code of Georgia, develops a protocol regarding the violation of an offender and executes it in accordance with the existing rules. If needed, it passes the explosive materials on to the investigating bodies for a relevant response.
Attached you can find the official letter from Technical and Construction Supervision .