ACF’S “MENKAURA”-RELATED SIGNAL HAS INSTIGATED A FINANCIAL INSPECTION IN BLAGOEVGRAD MUNICIPALITY
25/05/2018

THE GENERAL LAND-USE PLAN OF TSAREVO IS BEING DRAFTED IN CONDITIONS OF AN OUT-OF-DATE CADASTRE AND IN BREACH OF THE LEGISLATION, ACF HAS ASCERTAINED

Topic:

Tsarevo general land-use plan – drafting of the plan in conditions of an out-of-date cadastre

Status:

A signal addressed to the Ministry of Tourism, the Ministry of Regional Development and Public Works, and the Agency for Geodesy, Cartography and Cadastre

Stage:

Inspection and elimination of violations of the law, check of the initial data provided to the contractor of the project for altering the general land-use plan

The obvious inconsistencies may turn into an opportunity for obscurity, misuse, and violation of the law in detriment to the public interest

The main goal of the “ANTI-CORRUPTION FUND” /ACF/ is to set up an efficient civil model through sector anti-corruption strategy consisting of prevention, identification, and counteraction to the corruption and the abuse of power in the Republic of Bulgaria, by carrying out targeted monitoring of the public and the media spheres, as well as of the functioning of the public sector. ACF receives and processes signals associated with corruption and abuse of power, and, by cooperating with the judicial system, forwards them to the respective institutions.

In this regard, ACF notified the Minister of Environment and Water, the Minister of Regional Development and Public Works, and the CEO of the Agency for Geodesy, Cartography and Cadastre /AGCC/, of the following:

Pursuant to Art. 51 of the Law on Cadastre and Property Registry, the AGCC is obliged to keep the cadastral map and the cadastral registers updated.

  • 31 of the Transitional and Final Provisions of the Law on the Land-use at the Black Sea Coast indicates that within a year from the enactment of this law the Ministry of Environment and Water has to provide the AGCC with information on the sand dunes, pursuant to Art. 6, par. 7, and within 6 months the Agency is obliged to enter it in the cadastral map, as well as in the specialized maps and registers.

Art. 6 of the same law regulates the order of drafting maps and a register for sites, which are public state property. Pursuant to Art. 6, par. 4, item 4, the sand dunes fall among these sites, and specialized maps have to be drafted for them, pursuant to the Law on Cadastre and Property Registry (Art. 6 (7) (AmendedState Newspaper /SN/, issue 27 dated 2013, amended SN, issue 66 dated 2013, enacted as of 26 July 2013, amended SN, issue 98 dated 2014, enacted as of 28 November 2014); Regarding the sites pursuant to par. 4 and 5, specialized maps, a register, and an information system are prepared, pursuant to the Law on Cadastre and Property Registry. The conditions and the order for commissioning, originating, and maintaining the specialized maps, the register, and the information system are appointed via an ordinance issued by the minister of regional development and public works.

On the grounds of the increased public interest, and after ACF’s legal team made a reference in the information published on the AGCC site, ACF ascertained that specialized maps of the sand dunes in the region of “Coral” beach had been duly drafted and uploaded in a PDF format, however the information from the specialized map published on the AGCC site had not been uploaded in the map generated when one selects the “dunes” layer in the AGCC cadastral-administrative information system.

Pursuant to Art. 39, par. 7 of Decree no. 1 dated 16 September 2008, regarding the drafting and the maintenance of the specialized maps and registers of the sites pursuant to Art. 6, par. 4 and 5 of the Law on the Land-use at the Black Sea Coast, “The beaches and the dunes, which are not situated immediately behind the beach, or fall outside of the territory of the beach, are entered into the cadastral map according to the coordinates of the points that define them and that are described in the state property act. The beaches and the dunes, which no state property acts have been issued about, are entered into the cadastral map according to their borders, which have been defined in the specialized maps under the Law on the Land-use at the Black Sea Coast (LLUBSC).

Further to the above, ACF considers that the obligation for maintaining the updated cadastral map has not been observed, and, particularly, that the information in the drafted specialized map has not been entered in the required digital format into the cadastral map, which is maintained by AGCC. That had to be done, so that, when the “dunes” layer opens, they are correctly marked.

It is essential for the information marked on the specialized maps to correspond to the one published in the cadastral-administrative information system. That information is public and official, and, furthermore, pursuant to Art. 4, par. 2 of Decree no. 1 dated 2008, it is exactly the specialized map, which provides information for the drafting of land-use schemes and general and detailed land-use plans.

ACF insists that an inspection is carried out and that urgent actions are taken for the elimination of violations made upon the correct entering of the information into the cadastral map maintained by AGCC, the more as that an additional inspection of the envisaged changes in the general land-use plan of Tsarevo Municipality – in a procedure, displayed in the Report Assessing the Extent of the Impact on Protected Territories of the Alteration of the General Land-use Plan of Tsarevo Municipality, shows that the territory in the region of “Coral” beach, with the dunes marked on the specialized map, is planned for urbanization – for a resort and supplementary activities, in breach of Art. 17а of LLUBSC, which bansthe construction and the installation of movable establishments and facilities, changing the purpose and enforcing limited property rights upon the moving (white) dunes, the static dunes covered with grass vegetation (grey dunes), and the dunes covered with forests, which fall within the borders of the A zone, the B zone, or within the urbanized territories of the towns/settlements outside the borders of the A zone”.

The ascertained irregularity is a prerequisite for a potential legal offence within the general land-use plan in procedure, and the timely elimination of that irregularity is imperative in this regard. To that end, ACF insists also on the checking of the initial data that have been provided by the Ministry of Regional Development and Public Works to the contractor of the project for General Land-Use Plan – Tsarevo, “Forum Alexandrovi” PLC, with regard to the territory of the sand dunes in the region of “Coral” beach and the elimination of any possible discrepancies in this aspect, based on which an irregularity in the designed urbanized territory “over” the dunes was generated.

 


Criminal Procedure Code of Bulgaria

Cooperation by the public
Article 204: Pre-trial bodies shall widely use the assistance of the public in order to discover the criminal offence and to elucidate the circumstances of the case.

Obligation of the citizens and officials to notify
Article 205: (1) Where they come to know about a perpetrated publicly actionable criminal offence the citizens shall be publicly obligated to notify forthwith a body of pre-trial proceedings or another state body. (2) Where they come to know about a perpetrated publicly actionable criminal offence the officials must notify forthwith the body of pre-trial proceedings and take the necessary measures for the preservation of the general setup and data about the crime.