Answer ... The regions have the main responsibility for environmental protection. They have competence for air and soil protection, nature conservation and protection, and water protection, among other things. The federal government has competence for the protection of the marine environment and the import, export and transit of alien plant and animal species, among other things.
(a) Air
The European environmental quality standards for air are laid down in regional legislation. Guide values are set for ozone concentrations, among other things. In order to comply with the limit values, the regional authority must draw up action plans containing relevant measures.
(b) Soil
Soil decontamination and protection are regulated at the regional level. The main goals of the legislation are:
- the prevention of soil contamination;
- the identification of potential sources of contamination;
- the organisation of investigations to establish the existence of contamination; and
- the determination of methods for the remediation of contaminated soil.
The legislation distinguishes between historical soil contamination, new soil contamination and mixed soil contamination. An important role is played by soil decontamination experts.
(c) Fresh water
The relevant regional legislation is designed to protect surface waters in the three regions against pollution. The main goals are:
- the protection of aquatic ecosystems and wetlands; and
- the mitigation of risks and impacts of floods and droughts.
(d) Sea water
At the national level, the Marine Environment Act protects the marine environment of the Belgian North Sea. The law provides for marine spatial planning in the sea areas under the Belgian jurisdiction. The law:
- establishes the legal framework for the preservation, restoration and development of nature in the Belgian North Sea; and
- protects the Belgian North Sea from marine pollution.
The Flemish region also has a number of extraterritorial powers at sea that fall under its material competence, such as dredging and sea fishing.
(e) Flora and fauna
Fauna and flora are regulated regionally. Regional legislation specifies:
- which species of animals and plants are protected in the given region; and
- the legal consequences that attach to this protected status – for example, it lists a series of acts that are prohibited in relation to protected species.
It is also possible for the competent authority to establish species protection programmes.
(f) Natural habitats and scenic landscapes
The regional regulations focus on area-specific and species-specific protection measures.
An important protection mechanism is the appropriate assessment obligation or habitat test. On the basis of a habitat check, the competent authority will examine whether a plan, programme or project that requires a permit could have a significant impact on the natural characteristics of a special area of conservation.
A nature check obliges the regional government, when granting an environmental permit, to ensure that ‘avoidable damage’ is actually avoided, either by refusing the permit or by imposing permit conditions.