Dryade VZW filed a complaint against 56 polders and water management areas for unauthorised drainage. They also violate the EIA obligation. If a Habitats Directive or VEN area lies within the operational area of the polders and water management areas, they are also required to obtain an appropriate assessment or enhanced nature test.
Dryade VZW filed a complaint against 56 polders and water management areas for unauthorised drainage. They also violate the EIA obligation. If a Habitats Directive or VEN area lies within the operational area of the polders and water management areas, they are also required to obtain an appropriate assessment or enhanced nature test.
Specifically, this concerns 3 complaints and 2 requests, one in each Flemish province. In West and East Flanders and Antwerp, it concerns a complaint to the Environmental Inspection. In Flemish Brabant and Limburg, a request for the imposition of administrative measures has been submitted to the provincial governor.
The ball started rolling with an inspection by the Environmental Inspection of pumping stations in the Nature Reserve De Zegge. In preparation for this inspection, the legal department of the VMM prepared a note on the meaning and scope of section 53.10 of the classification list annex 1 title II Vlarem. This section was given the name “water management projects for agricultural purposesand includes: 1° irrigation projects of 100 ha and more, 2° land reclamation projects of 50 ha or more, and 3° land reclamation projects of 15 ha or more, which may result in a significant reduction of the groundwater table in a specially protected area. Points 1, 2, and 3 are classified as class 1. The legal service was of the opinion that the pumping stations required a permit under section 53.10.
Since a permit for a class 1 installation is required, the EIA obligation also applies to this type of land reclamation works. This was confirmed in the note “EIA Obligation Note for Land Reclamation in the Schelde Durme Polder (March 2021)” from the EIA Team. If there is a Special Protection Zone in the polder, an appropriate assessment is also required.
The inspection of the pumping stations De Zegge took place on 18 March 2021. The inspection report states that the pumping stations used to drain an agricultural area of 200 to 300 hectares located between the nature reserve De Zegge and the Kleine Nete are subject to the EIA obligation and an environmental permit class 1 for section 53.10.3°. Due to the proximity of the Special Protection Zone De Zegge, an appropriate assessment must also be carried out.
Subsequently, Mr. Francis VAN DEN ABBEELE submitted a request for the imposition of administrative measures regarding the Polder between the Schelde and Durme to the governor of East Flanders, Mrs. Carina VAN CAUTER. In her decision of 11 May 2021, the governor declared the request unfounded. Mr. VAN DEN ABBEELE then appealed to the Flemish minister Zuhal DEMIR. In her decision of 14 July 2021, the minister upheld Mr. VAN DEN ABBEELE's appeal and the governor must reconsider the request for the imposition of administrative measures.
On 18 May, Dryade VZW asked the 56 polders and water management bodies whether they were carrying out drainage projects and whether they complied with the permit requirement, EIA requirement, etc. 46 polders and water management bodies responded that they were not carrying out drainage projects and therefore did not have an environmental permit, EIA, and if applicable, appropriate assessment. For the polders and water management bodies that have not yet responded, a complaint is pending with the Flemish Commission for Public Administration.
In response to this, Dryade VZW filed a complaint on 27 July 2021 with the Environmental Inspectorate of East and West Flanders and Antwerp and a request for the imposition of administrative measures with the governor of Flemish Brabant and Limburg.