News from the Court regarding the Matanza-Riachuelo Basin
After the public hearing summoned by the Federal Supreme Court of Justice in re: “Mendoza, Beatriz Silvia y otros c/ Estado Nacional y otros s/ daños y perjuicios” –which pursues the reinstatement of the Matanza-Riachuelo Basin- the Federal Court of Quilmes, which controls the fulfillment of the Environmental Restoration Plan (the “Judge of the Executory Process”), has passed several decisions aiming not only to advance but also to accelerate this proceeding entrusted to the Matanza-Riachuelo Basin Authority (“ACUMAR”).
On March 28, 2011 the Judge of the Executory Process declared the Matanza-Riachuelo Basin to be a “Critical Zone of Special Protection with Environmental Right of Way Easement”, covering not only the water surface of the Matanza-Riachuelo River and the streams that converge into it, but also their banks and the Environmental Coastline (“towpath”).
The declaration of Critical Zone of Special Protection entails the immediate removal of all the obstructions that invade the Basin, the reorganization of vehicular traffic in the zone and the preventive suspension of commercial fluvial shipping in the Matanza-Riachuelo River, which means, moreover, the removal of all floating and sunken ships. To that end, the Argentine Naval Prefecture were ordered to immediately make effective the preventive suspension of commercial fluvial shipping on the Matanza-Riachuelo River.
With respect to the ship removal tasks, it is noteworthy that according to the information published by ACUMAR, the removal process of sunken or disused ships in the lower basin finished in last April, with a total of 57 ships having been removed between 2007 and 2011.
On April 27, 2011, the Judge of the Executory Process also decided that on July 1, 2011 ACUMAR must submit a comprehensive project that contemplates -in a precise, accurate and detailed manner- all the infrastructure works and other actions to be developed on the “towpath” corresponding to the lower basin, including the location of the SEPAS Aeration Plants.
Pursuant to this decision, the requested project must be divided into three stages:
- the first stage must contemplate all of the works to be developed from the Nicolás Avellaneda Bridge to Bosch Bridge, which should be started on or before November 1, 2011;
- a second stage covering activities from Bosch Bridge to Valentín Alsina Bridge; and,
- a third stage, from the Valentina Alsina Bridge to La Noria Bridge (both sides of the Riachuelo banks).
By the time these tasks should be started it is estimated that all the existing illegal constructions located on the towpath will have been removed.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.