Chapter I.
Environmental planning


Section 1.
Introductory provisions


Article 2.1.1. Environmental planning is understood as the activities aimed at achieving coherence in the preparation, the establishment and the execution of decisions relating to the environment.

Article 2.1.2. Translation not available

Section 2.
Environmental planning at regional level


Subsection 1.
The environmental report


Article 2.1.3.

The environmental report comprises:

  1. a description, analysis and appraisal of the existing state of the environment;
  2. a description, analysis and appraisal of the environmental policy implemented so far [to the extent relevant to the checking of the results of the implemented environmental policy against the policy objectives established in the environmental regulations or environmental planning];
  3. a description of the expected development of the environment with an unchanged policy, and with a changed policy according to a number of relevant scenarios.

Article 2.1.4.

Every two years an environmental report is drawn up.


Article 2.1.5. Translation not available

Article 2.1.6. The environmental report is brought to the attention of the provinces and municipalities.The environmental report is made sufficiently known in the manner determined by the Flemish Government.

Subsection 2.
The regional environmental policy plan

Translation not available

Article 2.1.7. Translation not available

Article 2.1.8. Translation not available

Article 2.1.9. Translation not available

Article 2.1.10. Translation not available

Article 2.1.11. Translation not available

Article 2.1.12. Translation not available

Subsection 3.
The regional yearly environment programme


Article 2.1.13.

The yearly environment programme is drawn up for the execution and putting into operation of the environmental policy plan and includes at least:

  1. a report of the state of execution of the prevailing environmental policy plan;
  2. a report of the state of execution of European environmental legislation;
  3. a report of the situation concerning the approval of the international agreements by the Flemish Region;
  4. a statement of the activities to be carried out by the Flemish Region in the coming year and measures to be taken in order to implement the prevailing environmental policy plan;
  5. a summary of the estimated incomes and expenses in the draft budget for the execution of the environmental policy plan;
  6. a list of all planned and current examinations and restoration programmes.

Article 2.1.14. [...]

Section 3.
Environmental planning at provincial level


Subsection 1.
The provincial environmental policy plan


Article 2.1.15.

1

The Provincial Council can in the course of the first half of the year following the elections for the Provincial Council determine a provincial environmental policy plan for the purposes of the protection and the management of the environment on the territory of the province.


The provincial environmental policy plan gives more specific details of the regional environmental policy plan at provincial level. Within the bounds of provincial competence, the provincial environmental policy plan can also complement the regional environmental policy plan. The provincial environmental policy plan must be in conformity with the compulsory provisions of the regional environmental policy plan.

2

The provincial environmental policy plan comprises a plan of action as referred to in article 2.1.7, 3. The provisions of the provincial environmental policy plan are indicative, except the provisions of the plan of action made compulsory by the Provincial Council. These provisions are compulsory for the province and the municipalities on their territory and for the institutions under their authority.

3

With the coming into force of each new regional environmental policy plan the existing provincial environmental policy plan can be revised. Provisions of the existing provincial environmental policy which conflict with compulsory provisions of the new regional environmental policy plan lose their validity ipso jure.


Article 2.1.16. Translation not available

Article 2.1.17. Translation not available

Article 2.1.17bis.

1

With the revision of the plan for the purposes of matching with the regional environmental policy plan mentioned in article 2.1.15, 3, a reasoned decision established by the Provincial Council suffices. The revised plan is announced to the bodies mentioned in article 2.1.17, 1.

2

Within a period of three months of the notification referred to in 1, the Flemish Government can nullify the provisions of the plan which conflict with compulsory provisions of the regional environmental policy plan by reasoned decision .


Article 2.1.18.

1

The Flemish Government can grant a subsidy to the provinces for drawing up a provincial environmental policy plan or yearly environmental programme. It determines conditions and the specific regulations to this end.

2

After the appraisal of the voluntary execution of the provisions of this subsection by the provinces, the Flemish Government can rule that the provinces must draw up an environmental policy plan from a period it determines.


Article 2.1.18bis. An environmental policy plan as mentioned in article 2.1.15 is drawn up for a first time in 2007. At that time it can also be decided to ratify or update the existing provincial environmental policy plan, possibly linked to an extension of the plan period. In this case a revision procedure as mentioned in article 2.1.17bis.

Subsection 2.
The provincial yearly environment programme


Article 2.1.19. Translation not available

Article 2.1.20. [...]

Section 4.
Environmental planning at municipal level


Subsection 1.
The municipal environmental policy plan


Article 2.1.21.

1

The municipal council can in the course of the second half of the year following the elections for the municipal council determine a municipal environmental policy plan for the purposes of the protection and the management of the environment on the territory of the municipality.


The municipal environmental policy gives more specific details at municipal level of the regional and provincial environmental policy plan. Within the bounds of municipal competence the municipal environmental policy plan can also complement the regional and provincial environmental policy plan. The municipal environmental policy plan must be in conformity with the compulsory provisions of the regional and provincial environmental policy plan.

2

The municipal environmental policy plan comprises a plan of action as referred to in article 2.1.7, 3. The provisions of the municipal environmental policy plan are indicative, except the provisions of the plan of action made compulsory by the municipal council. These provisions are compulsory for the municipality and for the institutions under its authority.

3

With the coming into force of each new provincial or regional environmental policy plan the existing municipal environmental policy plan can be revised.


Provisions of the existing municipal environmental policy which conflict with compulsory provisions of the new regional or provincial environmental policy plan lose their validity ipso jure.


Article 2.1.22.

1

The draft plan is drawn up by the Mayor and Aldermen.

2

With the drafting of the plan, the municipality involves the public authorities, institutions and organisations under private law it considers most relevant.

3

The Flemish Government can enforce specific regulations concerning the consultation and involvement of the bodies, institutions and organisations referred to in 2.


Article 2.1.23. Translation not available

Article 2.1.23bis. Translation not available

Article 2.1.24.

1

The Flemish Government can grant a subsidy to the municipalities for drawing up a municipal environmental policy plan or yearly environmental programme. It determines conditions and the specific regulations to this end.

2

After the appraisal of the voluntary execution of the provisions of this subsection by the municipalities, the Flemish Government can rule that the municipalities must draw up an environmental policy plan from a period it determines.


Article 2.1.24bis. A municipal environmental policy plan as mentioned in article 2.1.21 is drawn up for a first time in 2007. At that time it can also be decided to ratify or update the existing municipal environmental policy plan, possibly linked to an extension of the plan period. In this case a revision procedure as mentioned in article 2.1.23bis suffices.

Subsection 2.
The municipal yearly environment programme


Article 2.1.25.

1

The Mayor and Aldermen can annually establish a yearly environment programme.

2

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Article 2.1.26. [...]