Opinion by Danny Jacobs, director of Bond Beter Leefmilieu, Jos Ramaekers, head of policy at Natuurpunt, and Dries Verhaeghe, director of Dryade.
It is up to local representatives to correctly apply the Flemish Nature Decree, according to the nature organisations.
The granting of permits to companies has been in the spotlight for several months. This includes the annulment of the Ineos permit, reports of local officials outraged by nepotism in building files, revelations by Apache that Antwerp permits are proportionally more often annulled by the Council for Permit Disputes, and we have put several municipalities, provinces, and their representatives on notice for illegal permit granting(DS 13 July).
The reason for that notice was the unlawful renewal or extension of already expired permits for livestock farming. Such renewal or extension can only occur for active permits. Local authorities and representatives were reminded of their civil and criminal liability for violations of the Nature Decree. The notice serves as a warning. Environmental organisations will now closely monitor the granting of permits and will take legal action in the event of future missteps.
In their opinion piece (DS 11 August), Brecht Warnez, alderman in Wingene and Flemish Parliament member, and Karl Lauwers, municipal councillor in Mechelen, raise the question of whether mandataries are allowed to make mistakes and they argue that such legal action discourages local mandataries.
Manure Action Plan
As nature and environmental organisations, we regularly use the power of the law to protect nature, the environment, and the climate. Legal action is a last resort for us when policy advice and consultation do not yield the desired results. In our recent lawsuits regarding pesticides and nitrate pollution, we only approached the court when our prior request for consultation went unanswered or when concrete results on the ground were lacking.
Even during and after the procedure, we remain willing to consult. While the nitrate case was ongoing, Natuurpunt and Bond Beter Leefmilieu accepted an invitation from Flemish Minister of the Environment Zuhal Demir (N-VA) to sit down with the agricultural organisations. The organisations reached a framework agreement that forms the basis for the seventh Manure Action Plan and are negotiating constructively to reach a resolution as quickly as possible.
Warnez and Lauwers raise the question in their letter of whether mandataries are allowed to make mistakes. Our answer is positive: to err is human, and mistakes can be rectified. However, there is more at play in the permit files raised through our notice of default. Several livestock farms have been operated illegally for years. Negative advice from the Agency for Nature and Forest and from the municipal environmental officer, along with negative impact assessments, were ignored. This led to new nitrogen emissions, while many properly permitted companies have to downsize. The involved authorities appropriated a margin of appreciation that they do not possess.
It is precisely this kind of illegal permitting that undermines trust in our local authorities. In a similar case, the East Flanders municipality of Zele rightly refused the permit this spring. Who is going to explain to the Zele livestock farmer that his municipality refuses what is allowed elsewhere? Such arbitrariness frustrates citizens and officials.
Respecting the decree
Warnez and Lauwers point to the possibility of challenging permits through administrative means. This involves appealing to a higher authority and then initiating a procedure with the Council for Permit Disputes. We regularly initiate such procedures, but it is primarily the responsibility of the permit issuer to do their homework at the start of the procedure. If the government wants a quick and efficient permitting process, it must issue permits correctly from the outset. Permitting is a responsibility of the government, not of nature and environmental organisations.
It is the duty of local representatives to respect the mandatory provisions of the Nature Decree when issuing permits. Just as a director in a company can be held accountable through director liability, a public official can also be asked to provide an explanation.
From our numerous contacts with local authorities, we know that local mandates provide the most satisfaction. The representatives implement concrete policies and are close to the citizen. We expect them to operate within the legal framework and are happy to consult with them to give nature, the environment, and climate the place they deserve in their policies.