Changes to Flemish environmental law – Update
Since our last news items on the various changes to Flemish environmental law, there have been a number of new developments. In the meantime, the Collective Decree on Environment and the amendments to the Exemption Decree have been published in the Belgian Official Gazette and have largely entered into force, with a number of transitional arrangements.
1. The Collective Decree on Environment
The Collective Decree on Environment was published in the Belgian Official Gazette on 10 July 2024, and largely entered into force on 20 July 2024, subject to a number of specifically defined exceptions.
Transitional measures were provided for a number of amendments.
For example, the provisions on planning compensation only apply to all spatial implementation plans for which the starting note is approved after July 20, 2024.
The adjusted regulation on the finishing rule (which is now only possible in residential reserve areas) only applies to applications submitted after July 20, 2024.
Specific transitional arrangements are also provided regarding the adjustment of the system of exempt and notifiable acts and the possibility of introducing local permit requirements.
2. The Exemption Decree
The amendments to the Exemption Decree, were published in the Belgian Official Gazette on 14 August 2024, and came into force on 24 August 2024, with one exception. The provisions modifying exempted acts on public property and along water courses will not enter into force until 1 January 2025.
This way, authorities planning such acts can take this into account when preparing their files. A transitional arrangement is also provided for these acts. No transitional arrangement is provided for the other modifications, which means that new exemptions are immediately applicable as soon as the decree enters into force.
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