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. [...]