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An Act To Amend The Law Of 20 January 1999 On The Protection Of The Marine Environment In Marine Areas Under The Jurisdiction Of Belgium With Regard To The Organization Of Marine Spaces

Original Language Title: Loi modifiant la loi du 20 janvier 1999 visant la protection du milieu marin dans les espaces marins sous la juridiction de la Belgique, en ce qui concerne l'organisation de l'aménagement des espaces marins

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20 JULY 2012. - An Act to amend the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under the jurisdiction of Belgium with regard to the organization of the development of marine spaces

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The title of the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under Belgian jurisdiction is replaced by the following:
"Act to protect the marine environment and to organize the development of marine spaces under Belgian jurisdiction".
Art. 3. Section 2 of the Act is supplemented by the provision under 30°, as follows:
"30° "Marine Space Development Plan": a plan that organizes the desired three-dimensional and temporal spatial structure for human activities, based on a long-term vision and through precise economic, social and ecological objectives. The plan is intended to coordinate decisions with a spatial impact on the marine environment and ensures that all stakeholders will be involved in the process. »
Art. 4. In the same Act, section 3, whose current text will form paragraph 1er, is supplemented by paragraph 2 as follows:
“§2. This Act applies to the organization of marine spatial planning in marine spaces. »
Art. 5. In section 4 of the Act, paragraph 1er is replaced by the following:
« § 1er. When carrying out activities in the marine areas, the users of these spaces and the public authorities will take into account the principle of prevention, the precautionary principle, the principle of sustainable management, the principle of polluter pays and the principle of reparation.
The public authorities, when developing a plan for the development of marine spaces, will also take into account these principles. »
Art. 6. In the same law, after section 5, a chapter IIbis is inserted, as follows:
“Chapter IIbis. Organization of Marine Space Planning".
Art. 7. In the same law, an article 5bis is inserted as follows:
"Art. 5bis. § 1er. The King determines, by order deliberately in the Council of Ministers, a procedure for the adoption of a plan for the development of Belgian marine spaces, in accordance with European and international rules, and in particular with regard to consultation with the sectors and bodies involved.
At least:
1° a planning process;
2° a public investigation;
3° drafting a strategic report on environmental impacts;
4° the procedure of modifi cation.
§ 2. The Marine Space Plan is binding. He was denied by the King by order deliberately in the Council of Ministers. This Marine Space Plan will be evaluated every six years and amended if necessary. The King may also settle an interim amendment procedure.
§ 3. The King shall establish an advisory committee to formulate a non-binding opinion in the proceedings referred to in paragraph 1er.
§ 4. The layout plan for the marine spaces is based on the following structure:
1° a spatial analysis of Belgian marine spaces;
2° a long-term vision on the spatial use of Belgian marine spaces;
3° of the specific economic, social, environmental and security objectives, at least the following:
(a) Actual objectives;
(b) indicators that provide a reliable indication for the achievement of the intended objective or a desired change of behaviour;
4° measures, instruments and actions enabling the implementation of the plan for the development of marine spaces. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 20 July 2012.
By the King:
Minister of Economy and the North Sea,
The Minister of the Interior,
Seal of the state seal:
The Minister of Justice,
(1) Session 2011-2012.
House of Representatives
Documents. - 53-2295 - 2011/2012: No. 1: Bill No. 2: Report made on behalf of the Committee - No. 3: Text adopted in plenary and transmitted to the Senate.
See also:
Full report. - 28 June 2012.
Documents. - 5-1685 - 2011/2012: No. 1: Project referred to by the Senate - No. 2: Report made on behalf of the committee - No. 3: Decision not to amend.
See also:
Annales of the Senate. - 5 July 2012.