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Summer in Spain and the country dwellers try to settle to enjoy another sweltering Spanish summer, yet always with the fear in the back of their minds that at any moment acres of land around their homes, could go up in flames. The efforts of those on the ground, in the air and all the habitants in the affected areas including expats who have set up Facebook pages, where admin and members are continually vigilant to warn others of these impending fires.
Is it not fascinating that these fires seem to take place in various municipalities in turn. Many will not forget the wildfires of 2012 affecting Marbella, Ojen, Benahavis on to Casares, Mijas, Coin and not forgetting Estepona and so on. These fires were notable for the regions they covered, one could think that each municipality had to have a traditional summer fire, somewhat like the fairs that move from town to town. The citizens are evacuated and put up in various buildings mainly sports and other Town Hall structures. Thanks again to the Red Cross and to all locals, evacuated families though upset and fearful of losing their homes and everything they own are well looked after.
We cannot imagine the amount of wildlife that perishes in these tremendous unforgiving walls of flames. Over the last 13 years at least 13 pilots have died dousing these fires. Were also aware of the many brave firemen who also have lost their lives.
The majority of these fires are known not to be accidental. Of the thousands of these infernos annually, we are surely not expected to believe that Spain is full of pyromaniacs. Have any of you ever stopped to think what happens to these lands after they had been burnt?
Most of these huge tracts of land are privately owned and consist of beautiful Forestry land. While these areas are not normally farming lands, in the pre building boom days owners were content to leave their plots to nature, used for hunting and other pastimes or just left for Spain’s many species of wildlife.
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All of these areas would have been classified as rustic or even protected such as the forestry regions without any chance of ever acquiring planning permission or can they? A planning Law in existence from 2003 did allow owners of land which had been burned to be reclassified after thirty years and by going through the usual planning permission routes.
On 8 July of this year 2015 The Congress of Deputies approved definitely the new Forestry Act which could give free rein for the redevelopment of land that has suffered fires. An amendment was tabled by the Popular Party with the support of other parties, also removing powers from the forestry agents to report environmental crimes and now leaving them as nothing more than auxiliaries to the state security forces. This law: 21/2015, modifies the law of 2003 and will be in force from October 21 2015.
The opposition protests at the change especially in the decrease for the time permitted for the reclassification of burnt lands, allowing building on this land from thirty years. This is no longer the case and the competent autonomous regions may intervene where there are compelling reasons of public interest. Also included in the law is an exception to a previous ban on certain uses for this charred land.
Specifically, the text provides that in “exceptional” cases, the autonomous communities may change use of these lands “when there is a specific case of public interest” and to be approved by law. It concludes that this is provided that compensatory measures are taken to retrieve a forest area equivalent to that damaged in the fires. This could be simply (which has been commonplace) of the planting of the trees in the reclassified land or part of it.
Though there are sections of the law which talk about the continued protection of these lands, one has to rely on the Juntas and town halls to decide of what constitutes “special interest” and therefore allow reclassification.
During the final debate, the popular deputy Manuel Torres has reproached the opposition parties who have rejected the new rule. He said that this shows “insensitivity to the owners and residents of the rural regions, and that the opposition parties wish to limit the development potential of these lands”.
This law will affect more than 54% of the land area which is considered as forestry land of which there is a total of 27.7 million hectares, two-thirds of these lands privately owned.
Environmental groups have positioned themselves against the new law, and accuse the law as being a tool for “private benefit”. These environmental groups which include: Ecologists in Action, Friends of the Earth, Greenpeace, WWF and SEO / Birdlife say that the intention of the government of the Popular Party by passing this law is to “deregulate and remove any limitations when it comes to developing certain economic and urban activities”.
For many years there has been debate amongst the Spanish community about what or who actually is responsible for many of these wildfires.
One would have thought that instead of rewarding landowners for these burned lands, that the fines that were once in place, would be more severe encouraging the upkeep of the ‘corta fuegos’ and other barriers to contain these fires.
UPDATE September 6/2016
After the last two days of horrendous wildfires in Javiea, Benitachell and surrounding areas, someone posted this petition for signatures against the ‘ley de montes’ on a group in Javea. The petition was removed. I think that we have a right to know what does happen on many occasions and also the option to sign the petition so here it is added below.
Petition Against the Modification of the Law.
Update August 2025, good news:
The 30‑year land-use ban remains completely intact, and no burned forest land has ever been reclassified via the exceptional mechanism introduced in 2015. The regionals governments has rejected any reclassification, even under the theoretical exception. The above is to my knowledge after some research.
