Administrative court cancels the change in plan: Akçay wetland won’t be filled with rubble

* Photo: Mount Ida Natural and Cultural Assets Preservation Association

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The Balıkesir 1st Administrative Court has canceled the plan change allowing rubble to be dumped in Akçay Wetland, which was seen as a preparation for the establishment of an Agricultural (Ornamental Plants and Floriculture) Specialized Organized Industrial Zone in the area.

Examining the decision of the Balıkesir Metropolitan Municipality to fill the wetland with rubble, the administrative court has not found the decision lawful. Making a statement regarding the court ruling, the Mount Ida Natural and Cultural Assets Preservation Association has underlined that the Balıksir Metropolitan Municipality should rehabilitate the related area.

In the court case filed against the Municipality's decision to fill the area with rubble, it was underlined that a significant part of the area harboring the immovable property declared as the Edremit Agricultural (Ornamental Plants and Floriculture) Specialized Organized Industrial Zone was falling within the borders of the Akçay Wetland and Wetland Area.

Citing the Constitution of Turkey and its Law on Environment as well as the relevant international legislation, the lawyers who filed the lawsuit demanded that the activity of dumping rubble be halted and the plans related to the Organized Industrial Zone be canceled.

The administrative court announced that the issue was brought to the agenda of the Local Wetland Commission in 2021, monitoring efforts would be underway to clarify the area's wetland status and borders and a process of status and border determination was initiated by the commission.

The ruling of the Balıkesir 1st Administrative Court has concluded that "the filling efforts to be undertaken by the litigious administration with the aim of hardening and grading the aforementioned ground will make the monitoring efforts of the commission impossible. "

In its written statement about the administrative court ruling, the Mount Ida Natural and Cultural Assets Preservation Association has said:

These gains achieved thanks to our struggle are very important. However, despite all policies of pressure and intimidation, our efforts will determinedly continue to ensure that this area, which entirely has a quality of a 'wetland', will be registered both as a wetland of national/local importance and a protected zone.

Underlining the importance of protecting wetlands in the face of the climate crisis, the Association has said, "We cannot turn a blind eye to the plunder of the wetlands, which harbor a very rich flora and fauna consisting of rare species, for the sake of unearned income."

What happened?

Akçay Wetland in Balıkesir is one of the last remaining wetland ecosystems in the northern Aegean region of Turkey and a home to hundreds of species. A change was made in the environmental plan (scaled 1/100,000) of the wetland with the aim of establishing an Agricultural (Ornamental Plants and Floriculture) Specialized Organized Industrial Zone.

Following the change, the zoning plans scaled 1/1,000 and 1/ 5,000 were approved; but the Mount Ida Natural and Cultural Assets Preservation Association made an administrative application to the Ministry of Environment and Urbanization and the Ministry of Agriculture and Forestry, demanding that the related changes in plans be canceled

As these efforts remain inconclusive, several local and national environmental associations as well as two residents of the region took legal action against the ministries by filing a lawsuit at the Balıkesir Administrative Court and Council of State. The complainant party demanded that the related zoning plans be canceled and their execution be halted.

In response, the Balıkesir Metropolitan Municipality, without waiting for the court ruling, canceled the Municipal Council decision regarding the piling of rubble and suspended the efforts in question.

NOTE: Akçay Wetland is home to 30 percent of the 487 bird species registered across Turkey as well as to the Anguilla anguilla, an endangered species of eel, and hundreds of plant species.

(TP/SD)