Violation of protected areas (violation of the regime) in Georgia constitutes an action that contradicts the strict rules of management of national parks, strict nature reserves, managed reserves, and other protected landscapes. Georgia is distinguished by its unique nature, for the protection of which a wide network of protected areas has been created. Activities such as construction, mining, hunting, fishing, logging, and in some cases even tourist movement are prohibited or restricted in these territories. Violation of the regime leads to administrative and, in certain cases, criminal liability. Legal problems are often faced by tourists and local residents, as well as investors and developers who wish to operate near protected areas. The purpose of this service is to protect clients from accusations of regime violation and provide consultation on conducting legal activities.
What the Violation of Protected Areas Service Covers
Lawyers specializing in environmental law offer a wide range of services regarding the regime of protected areas:
- Handling Administrative Disputes: Appealing fines issued by the Agency of Protected Areas or the Department of Environmental Supervision (e.g., illegal entry, camping in prohibited places, littering).
- Criminal Defense: Defense against crimes provided for by relevant articles of the Criminal Code of Georgia when the violation of the regime caused significant damage (e.g., causing a fire, damaging the landscape).
- Construction Permits and Zoning: Consultations on the legality of construction and infrastructure projects in protected areas or their support zones.
- Legalization of Business Activities: Obtaining permits for tourist services, eco-tourism, and other allowed activities in protected areas.
- Land Property Disputes: Resolving boundary and property disputes related to private land plots located within the boundaries of protected areas.
Common Real-World Scenarios
Legal problems related to regime violation often arise during the following scenarios:
- Illegal Construction: A person started building a hotel or cottage on land bordering a national park but partially encroaching into the protected zone. This leads to construction suspension, fines, and demolition obligations.
- Jeep Tours in Prohibited Zones: A tour company took tourists into a strict protection zone (nature reserve) with vehicles, which is prohibited. As a result, the company and the driver were fined.
- Lighting Fires: Tourists lit a bonfire in a national park in a non-designated area, causing a fire hazard or minor ignition.
- Resource Extraction: A local resident extracted inert materials (stone, sand) from a riverbed within a protected area.
Georgian Legislation and Regulations
The field is regulated by the Law on the System of Protected Areas, which defines categories of protected areas (Strict Nature Reserve, National Park, Managed Reserve, etc.) and their regimes. Criminal liability is provided for by the Criminal Code (e.g., Article 302 - Violation of the regime of protected areas). Administrative violations are outlined in the Administrative Offences Code (Article 89 and others). Also important are the management plans of specific protected areas, which detail what activities are allowed and where. Regarding construction, the Code on Spatial Planning, Architectural and Construction Activities applies.
Process: What to Expect
Upon detection of a violation, a ranger or inspector draws up a protocol. If the violation is severe (e.g., significant damage), the case is transferred to investigative bodies. At this stage, the lawyer studies zoning maps of the territory and determines whether an intrusion into the prohibited zone actually occurred. Often, map inaccuracies provide grounds for dispute. In the case of business disputes, the lawyer works on obtaining permits or canceling existing fines, proving the unintentional nature of the action or the error of the administrative body in determining boundaries.
Why Legal.ge?
Legal.ge features environmental law experts who have experience interacting with the Agency of Protected Areas. They will help you navigate complex regulations, protect your business interests, and avoid unforeseen legal problems when operating in protected zones. Find a qualified lawyer on Legal.ge.
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