Navarra prioritizes the expansion of Magnesitas on Mount Legua Acotada

The Government of Navarra has declared the prevalence of the public utility of the expansion of the El Quinto mine exploitation project, in the Rafael Sur sector, promoted by Magnesitas Navarra, SA (MAGNA), over the public utility of the Legua Acotada mountain, number 4 of the Public Utility Catalog of Navarra, in the municipality of Esteribar. The agreement was adopted on October 7, 2026, and is published in the Official Gazette of Navarra number 212, dated October 23, 2026, with the official reference F2613115. The decision removes the obstacle that prevented the company from starting exploitation work on cataloged forest lands.

The resolution is based on article 9.5 of Foral Law 13/1990, of December 31, on the Protection and Development of the Forest Heritage of Navarra, which grants the Government of Navarra the competence to declare, following a report from the Forestry Administration, the compatibility between a plan or project and a mountain included in the Public Utility Catalog, or the prevalence of one over the other. The agreement is adopted upon the proposal of the Councilor for Industry and Ecological and Digital Business Transition, Mikel Irujo Amezaga, and is signed by the Councilor Secretary of the Government of Navarra, Javier Remírez Apesteguía. The text appears in section 1.7 (Others) of the gazette, on page 37808.

The file stems from an authorization already granted to the company: Resolution 105/2024, of July 31, from the Director General of Energy, Business R&D&i and Entrepreneurship, authorized the expansion of the exploitation project and approved its restoration plan, and Resolution 510E/2024, of June 23, from the Director General of the Environment, issued a favorable environmental impact statement. On that basis, on May 27, 2025, MAGNA formally requested the declaration of compatibility or prevalence with the public utility mountain in order to begin the works.

Conflicting reports in the file

The pronouncement of the regional Executive comes after Resolution 1113E/2026, of September 29, from the Director General of the Environment, issued an unfavorable report regarding the occupation of public utility mountain number 4 Legua Acotada, prior to the pronouncement of the Government of Navarra.

Contrary to that criterion, the Directorate General for Business Promotion and Infrastructure issued a report in which it proposed to declare the prevalence of the mining use promoted by MAGNA. The Government’s agreement resolves the conflict between both bodies in favor of the extractive project.

The arguments of the regional Executive

The text published in the Official Gazette of Navarra lists the reasons supporting the prevalence:

• Mining exploitation is recognized as being of public utility by its own sectoral regulations.
• Agreements from the Concejo de Eugi and the Comunidad del Monte Ollarmendi are on record.
• The project contributes significantly to the creation of wealth and employment in the area and throughout Navarra.
• The activity contributes to maintaining the population in an area particularly affected by depopulation.

Scope of the agreement

The agreement consists of three resolutive points:

• Declare the prevalence of the public utility of the expansion of the El Quinto mine exploitation project in the Rafael Sur sector over the public utility of the Legua Acotada mountain, number 4 of the Public Utility Catalog of Navarra, in Esteribar.
• Forward the agreement to the Directorate General for Business Promotion and Infrastructure and the Directorate General for the Environment, for the appropriate purposes.
• Publish the agreement in the Official Gazette of Navarra for general knowledge and notify Magnesitas Navarra, SA.

The decision directly affects the public mountains of Esteribar and the local residents, represented in the file by the Concejo de Eugi and the Comunidad del Monte Ollarmendi, whose favorable agreements have been used by the Government to justify the prevalence of mining use. The ruling also establishes a criterion on how conflicts between the protection of cataloged forest heritage and extractive projects declared of public utility in Navarra are resolved.

Source: Official Gazette of Navarra, number 212, of October 23, 2026, section 1.7 Others, page 37808 (official reference: F2613115).