A landslide change: how the Belgian regions are modifying soil law
The different (regional) authorities in Flanders, Wallonia and the Brussels-Capital Region are working to modify soil law in the tree Belgian regions. Indeed, soil law is, as an environmental matter, a regional competence.
The government of the Brussels-Capital Region approved the 15th of December 2016 a final draft of an ordonnance intended to modify the Brussels Soil Ordonnance of the 5th of March 2009. The Brussels Regional Parliament is on this very moment discussing the modification of the latter Ordonnance. It is intended to publish this modification until the end of May in the Belgian Official Gazette. The foreseen modification intends to optimize the legal instruments of the Soil Ordonnance. This optimization should happen by a simplification of the administrative obligations, an acceleration of the different administrative procedures and a financial instrument to protect the so called ‘innocent owner’.
Flanders is improving meanwhile the Flemish Soil Decree. The Flemish Government approved the 31st of March 2017 a first draft to modify the latter Decree. The draft should be examined by the different advisory committees (Minaraad, SERC etc.) and the Belgian Council of State. The presumed modifications foresee principally (1) an introduction of an obligation to survey grounds which are not investigated before and which could potentially be polluted; (2) a sharper definition of the field of application of waste law on one side and the prescriptions of the use of excavated soil on the other side, (3) a broader responsibility for recognized soil remediation specialists by abolishing compliance certificates of soil surveys;(4) instruments to optimize existent and to develop more sectoral founding’s for soil remediation.
The Cabinet of the Walloon Secretary of Environment, Secretary Di Antonio, is preparing an harmonization of the Walloon Soil Decree and the regulations for the use of excavated soil. In contrast with the legal situation in Flanders, the regulations for excavated soil resort in Wallonia under waste law. Furthermore, the Cabinet is working on the conception of philosophy of a circular economy in the set of rules for excavated soil.
To be continued…
Associated areas of specialisation: Environment