In what is believed to be the first case of its kind in Spain, two climbers in Nerja have been fined for causing damage to protected plants in the Barranco de la Coladilla in the Natural Park.
Manuel Ortega was climbing in the Barranco de la Coladilla when, suspended about 30 metres above the ground, he came upon a 2 metre by 1 metre rock which had become loose due to rains.
Due to the fact that the pathway below was frequented by many walkers, Ortega decided that the best option was to let the rock fall.
A few days later, Ortega and his climbing partner Manuel Armijo were climbing in the same area when a man and a woman began taking photographs. The man and woman identified themselves as being from the Department of Environment and accused the two climbers of damaging plants at the bottom of the ravine, listing the plants concerned.
Ortega and Armijo were fined €601.02 each and were apparently told that they got off lightly as the law considers the offence ‘serious’ and the penalty for infringement is between €601.02 and €60,101.21.
Although they argued that the rock was not deliberately displaced in order to cause damage to flora in the area but to prevent possible injury to walkers, under Article 137.3 of Law 30/92 it was proven that there was a direct link between the conduct of the defendant and the destruction of the plants.
Ortega and Armijo also contend that the plants were not actually destroyed but sprang back up after the boulder was removed. In addition, they question why two climbers, whose pursuit is not illegal in the Natural Park, are fined when there are no controls on trial bike riders and 4×4’s who regularly go ‘off-track’ in the park.
However, their lawyers have apparently advised the pair to just pay the fine as they are unlikely to get anywhere pursuing the matter against the Department of Environment.