The project “Proper and sufficient water for current and future generations” received 25,000 EUR support from the National Lottery. It is divided into three parts, namely water quality, water quantity and the duty to provide information on Substances of Very High Concern. We are organising a seminar, writing a legal article and conducting a study.
Our project aims for sufficient clean water for current and future generations. It is divided into 3 sub-projects, each focusing separately on one of the three pillars of sustainable development: environment, economy and people:
- Environment – Seminar on better legal protection of water-related nature
- Economy – Improvement proposals for the Flemish regulations on water quantity
- People – Duty to provide information regarding Substances of Very High Concern
Seminar on better legal protection for water-related nature
Many Flemish water-related habitats are suffering greatly from water pollution caused by nitrate, phosphate, heavy metals and pesticides. If these habitats are located in nature reserves, they should in principle enjoy strong legal protection. Yet, polluted water flows into these nature reserves unhindered, and the natural environment is visibly deteriorating.
The Flemish Nature Decree, the Water Code, the European Habitat Directive, and the Water Framework Directive contain numerous provisions to protect our water-dependent nature. We are preparing an online seminar to explore how these instruments can be used to ensure better water quality.
Legal publication and improvement proposals regarding water quantity
In December 2022, the Flemish government approved the drafts of the Water Level Decision and the Groundwater Train. In the coming months, this legislation will be definitively approved and come into effect. Important steps are being taken in the area of water quantity. We welcome this progress but believe that the rapid climate warming necessitates more drastic measures.
We are preparing a publication in which we (i) conduct a legal analysis of the Water Level Decision and the Groundwater Train and (ii) discuss a number of improvement proposals. This publication will appear in one or more legal journals, ensuring wide dissemination and stimulating debate.
Study on the duty to inform regarding Substances of Very High Concern
In Flanders, a number of so-called Substances of Very High Concern (SVHC) are present. The most well-known example is PFAS. These are substances that are toxic at low concentrations, accumulate in the environment, do not or very slowly break down, are carcinogenic, and cause hereditary damage or are harmful to fertility. It is often socially vulnerable groups that are most exposed to SVHC but are the least informed about them.
Because hazardous substances are difficult to non-degradable, further research into legal information obligations is necessary. Such an information obligation would apply to individuals living in regions or areas with hazardous substances. The soil contamination naturally extends to the groundwater. The effects of this contamination on the groundwater have so far remained too underexposed.
In consultation with scientific and legal experts, we are conducting a study on how these information obligation(s) regarding hazardous substances in the groundwater can be implemented. We will come up with policy recommendations and a concrete proposal.
The project enjoys the support of the National Lottery. We thank the National Lottery and its players for their support of our project.
