Documentation Basis in the Expertise Procedure as the Means of Evidence in the Field of Environmental Protection
on the example of the case related to environmental protection in the case of the request for complete real estate expropriation in the Gacko municipality
DOI:
https://doi.org/10.7251/VJE2401111KKeywords:
environmental protection, negative impacts, coal exploitation, expropriationAbstract
In the team expertise process as evidence in the case related to the field of ecology, i.e. environment and geology, in the request for complete real estate expropriation in the Gacko municipality, extensive documentation basis was used. Documentation for the subject of the environmenal expertise is the topic of the paper.
The purpose of the expertise was to determine whether, as a result of the real estate expropriation, cadastral land, an interested person related to the expansion of the mine in exploitation field “C” and coal mining, there were harmful and negative impacts (noise, dust, vibrations, soil movement) as a result of which the owner is allegedly prevented from using real estate, cadastral parcels, on which residential buildings were built.
Therefore, in order to establish important facts or evaluate already established facts, it was necessary to conduct an analysis of documentation from the environmental field, spatial planning and study documentation, and from case files in the Gacko municipality in the Republic of Srpska.
The expert from the environmental protection field described the contents of the evidentiary documents in detail before presenting his findings. Analogous to the content, the expert presented an expert opinion and conclusion.
The duration and process of the expropriation procedure itself, as well as the circumstances defined for the expert, affected the scope of the documentation.