The Government has decided that the public interest in energy prevails over the conservation of nature in the case of HE Mokrice

The Slovenian government has issued a decision declaring that the public interest in energy production outweighs the public interest in nature conservation for the planned Mokrice hydropower plant. This ruling was adopted during a written session of the cabinet and serves as a critical legal prerequisite within the integrated procedure for obtaining a building permit. It marks the third attempt by the government to secure this specific legal status after previous decisions were overturned by courts. The move allows the project to proceed despite its potential adverse impacts on protected areas, specifically the lower reaches of the Sava and Krka rivers. The legal mechanism known as the prevalence of public interest is an exceptional provision under European Union legislation. It permits the implementation of projects that have harmful effects on protected sites, such as Natura 2000 areas, only under strict conditions. The state must demonstrate that there are no suitable alternatives to the project, that imperative reasons of overriding public interest exist, and that compensatory measures will be implemented to preserve the integrity of the affected habitats. In this instance, the government determined that these conditions are met for the generation of electricity from renewable sources. The decision is strictly conditional upon the execution of extensive mitigation and compensation measures designed to protect nature before, during, and after the construction phase. These measures include the establishment and maintenance of appropriate habitats, the installation of passages for aquatic organisms, the protection of fish species and spawning grounds, and continuous environmental monitoring. An additional compensatory measure has been designated for a specific Natura 2000 site. The ruling further mandates systematic monitoring to verify the effectiveness of these actions, requiring the use of the latest methods and practices in determining how this oversight is conducted. The Mokrice facility is designed to be the final unit in a chain of five hydropower plants along the lower Sava river. The other four units are located at Bostanj, Blanca, Krsko, and Brezice, with the Brezice plant commencing operations in 2017. Unlike the previously constructed facilities, Mokrice is planned downstream of the point where the Krka River flows into the Sava. This location means the reservoir would extend into the outflow section of the Krka, potentially affecting both waterways. The project is also situated near the confluence of the Sotla River, which joins the Sava immediately downstream of the planned Mokrice area, raising concerns about impacts on local habitats. The path to this current decision has been marked by years of administrative procedures and litigation. A previous government led by Janez Jansa adopted a similar declaration in 2022, just before the end of its mandate, effectively giving the green light for construction. However, the Administrative Court ruled in May 2023 in favor of the Society for the Study of Fish in Slovenia, which had filed a lawsuit against the decision. The court found that the state had misapplied material law by deciding on the acceptability of certain environmental impacts that were not subject to that specific procedure. The court also identified multiple violations of procedural rules. Following this ruling, the case was returned for new consideration. The current government under Prime Minister Robert Golob announced in February of this year that it would make a new attempt to determine the prevalence of public interest for the project. Environmental Minister Polona Rifelj stated last week that her ministry would require several months to issue the actual building permit following the adoption of the prevalence decision. She estimated that the permit could be granted in the first half of 2027. The company responsible for the investment, Hydroelectric Plants on the Lower Sava, welcomed the government's decision. In a statement, the firm described the outcome as the result of a thorough and technically demanding process involving domestic and foreign experts, state institutions, the interested public, and local communities. They noted that cross-border consultation had also been carried out. Andrej Vizjak, director of Gen Energija, the majority owner of the investor entity, expressed confidence that the government’s decision is prepared with sufficient quality to withstand judicial scrutiny. He acknowledged that he expects another appeal from the Society for the Study of Fish in Slovenia but believes the current ruling addresses previous legal deficiencies. If no further court proceedings delay the process, the company estimates that construction of the Mokrice hydropower plant could begin in 2027. Originally, the completion of this run-of-river plant was scheduled for 2018, but delays occurred due to complications regarding spatial planning. International relations have also played a role in the project's trajectory. The Croatian Ministry of Environmental Protection and Green Transition informed the Slovenian Ministry of Environment that it does not agree with the project. The proposed location for Mokrice is approximately 450 meters from the border with Croatia. Authorities in Zagreb argue that the construction would worsen the already negative impact of existing Slovenian hydropower plants on surface and groundwater conditions in Croatia. Despite this diplomatic objection, the Slovenian government proceeded with its internal legal determination. The immediate next step in the administrative process is the acquisition of a legally binding building permit. The integrated permitting procedure will continue to address remaining issues related to environmental impact assessments and compliance with construction laws. Until this permit is finalized and becomes final, the project remains in a preparatory stage. The focus now shifts to whether the detailed mitigation plans outlined in the government's decision will satisfy regulatory requirements and withstand potential challenges in the courts.