Posted the: 2012-09-11 Numac: 2012024308 PUBLIC SERVICE FEDERAL public health, food chain safety and environment July 20, 2012. -Act to amend the law of 20 January 1999 for the protection of the marine environment in the marine areas under the jurisdiction of Belgium with regard to the Organization of marine spaces ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. the title of the law of 20 January 1999 on the protection of the marine environment in marine areas under jurisdiction of the Belgium is replaced by the following: "Act for the protection of the marine environment and the Organization of the marine spaces under jurisdiction of the Belgium".
S. 3. article 2 of the Act is complemented by the provision under 30 °, read as follows: "30 °"Plan for marine spaces": a plan that organizes the three-dimensional and temporal spatial structure you want for human activities, on the basis of a vision in the long term and by means of economic, social and ecological specific objectives.» The plan aims to coordinate decisions with a spatial impact on marine spaces and guarantees that any stakeholder will be associated with the process. » Art. 4. in the same Act, article 3, including the current text will form the 1st paragraph, is supplemented by a paragraph 2 as follows: "§ § 2 2» This Act is the Organization of marine spatial planning in marine areas. » Art. 5. in article 4 of the Act 1 paragraph is replaced by the following: "§ 1.»
When conducting activities in marine areas, users of these areas and the Government will take into account the principle of prevention, the principle of precaution, the principle of sustainable management, the principle of the polluter pays principle and the principle of reparation.
Public authorities, when establishing a plan of development of marine spaces, also take into account these principles.
» Art. 6. in the Act, after section 5, chapter IIbis is inserted, worded as follows: 'chapter IIbis. Organization of marine spatial planning.
S. 7. in the same Act inserted an article 5a worded as follows: «art.» 5bis. § 1.
The King determines, by Decree deliberated in the Council of Ministers, a procedure for the adoption of a plan of the Belgian marine areas, in accordance with European and international rules, and especially as regards consultation with the sectors and bodies involved.
The procedure involves at least: 1 ° a planning process;
2 ° a public inquiry;
3 ° the drafting of a strategic report on environmental impact;
4 ° the modifi cation procedure.
§ 2. The development of marine spaces plan is binding. It is fi xed by the King by Decree deliberated in the Council of Ministers. This plan for marine areas will be evaluated every six years and amended if necessary. The King may also set an intermediate amendment procedure.
§ 3. The King establishes a consultative commission to formulate a non-binding opinion under the procedure referred to in paragraph 1.
§ 4. The development of marine spaces plan is determined according to the following structure: 1 ° a spatial analysis of Belgian marine areas;
2 ° a long-term vision on the spatial use of Belgian marine areas;
3 ° the economic, social and environmental objectives and specific security, which include at least the following elements: has) the actual objectives.
b) indicators constituting a reliable indication for the realisation of the proposed objective or desired behaviour change;
4 ° measures, instruments and actions for the implementation of the plan of development of marine spaces. "Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 20, 2012.
ALBERT by the King: the Minister of the economy and the North Sea, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives Documents. -53 - 2295 - 2011/2012: No. 1: project of law - N ° 2: report on behalf of the Committee - No. 3: text adopted in plenary meeting and transmitted to the Senate.
See also: Compte rendu intégral. -28 June 2012.
-5 - 1685 - 2011/2012: No. 1: project mentioned by the Senate - No. 2: report on behalf of the Committee - No. 3: Decision not to amend.
See also: annals of the Senate. -5 July 2012.