Natuurpunt, Bond Beter Leefmilieu and Dryade have served formal notices on two provinces, three municipalities and their elected representatives over the illegal granting of permits. The reason? They issued environmental permits in breach of the Nature Decree. The environmental organisations warn that local authorities and their representatives face severe penalties for illegally causing and permitting damage to nature. With this notice of default, the organisations are aiming for a cultural shift in the granting of permits throughout Flanders.
2 provinces, 3 municipalities and 27 elected representatives
The notice of default is addressed to the provinces of West Flanders and Antwerp, the municipalities of Kontich, Oudenburg and Alveringem, and their governors, mayors, provincial executives and aldermen. This concerns 27 elected representatives. The environmental organisations point to a number of recent decisions by these provinces and municipalities to extend the expired licences for livestock farms after all. This contravenes the Nature Decree, particularly given that a number of these farms have been operating without a licence – and therefore illegally – for years.
Prison sentence and fine
As a result of this illegal granting of permits, it is not only the provinces and local authorities that risk being ordered to pay compensation. Elected representatives may also be convicted of an environmental offence. The penalty can range from one month to two years’ imprisonment and a fine of between 100 and 250,000 euros.
Cultural shift
At present, environmental organisations are limiting themselves to issuing a formal notice of default. The aim is to bring about a cultural shift in the licensing process. Dries Verhaeghe of Dryade states: “Too many public authorities are flouting the regulations designed to protect Flemish nature and the environment. We will closely monitor the granting of permits by the region, the province and the municipalities, whether for livestock farms, industry, construction projects, land parcelling, etc. If they are found to be in breach of the Nature Decree again, we will not hesitate to take these breaches to court.”