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Peru court declares Cajamarca's Conga ordinance is unconstitutional
Exterior of Peru's Constitutional Tribunal (Photo: Andina/Archive)
By Manuel Vigo
April 17, 2012
On Tuesday Peru’s Constitutional Tribunal ruled against Cajamarca’s ordinance, which declared the Conga mining project was ‘unviable’.
Last December Cajamarca’s regional council declared Conga to be ‘unviable’, citing concerns over the conservation of the region’s water supply, and sustainable development.
Tuesday’s ruling said Cajamarca’s government had exceeded its legislative powers, and said the region had no jurisdiction over regulations affecting medium and large mining projects, such as Conga.
The court also said the National Water Authority was the sole government agency that could rule on the viability of projects that involve the country’s water, Andina reported.
Earlier this year the government ordered a reassessment of Conga’s environmental impact study, after protests by nearby communities who expressed concern the mine would affect local water supplies.
Cajamarca’s regional government argued the Conga mining project "could cause irreversible damage to fragile ecosystems, in turn generating economic and social damage of incalculable magnitude, which clash directly with the fundamental rights of people living in these jurisdictions […]"
The new Conga environmental impact study will be presented at 5pm, on Tuesday afternoon.
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