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17 SEPTEMBER 2005. - An Act to amend the Act of 20 January 1999 to protect the marine environment in the marine areas under Belgian jurisdiction (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under Belgian jurisdiction
Art. 2. In Article 2 of the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under Belgian jurisdiction, the following amendments are made:
1° at point 12°, the words ", any officer of the General Directorate SFP Environment Public Health, Food Chain Safety and Environment" are inserted between the word " hierarchy" and the words "and any sworn agent";
2° the article is completed as follows:
"21° "User of marine protected areas": any natural person or legal person of private or public law engaged in recreational or professional activities in marine protected areas.
22° "User Agreement": an agreement between the Minister and users of a marine protected area with measures to protect these areas. »
Art. 3. In section 6 of the Act, the following amendments are made:
1° the first sentence is replaced as follows:
"The King may take, by order deliberately in the Council of Ministers, all necessary measures for the fulfilment of the obligations of protection of the marine environment in the marine areas, arising from international conventions and European regulations or directives, including:";
2° the article is completed as follows:
"(vii) United Nations Convention on the Law of the Sea, made at Montego Bay on 10 December 1982, including Article 303 and Part XI, as well as the Agreement on the Application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994, both approved by the Act of 18 June 1998. "
Art. 4. In article 7, § 4, of the same law, the words "and taking into account the specific status of the military field" are inserted after the words "armed forces".
Art. 5. Article 8 of the same law, the current text of which shall form § 1^erthe following modifications are made:
1° (iv) is replaced by the following provision:
"the activities under Article 6, § 1^erV of the special law of 8 August 1980 of institutional reforms; »;
2° (v) is replaced by the following provision:
"the activities within the jurisdiction of the Flemish Region as defined in Article 6, § 1^erX, last paragraph, of the special law of 8 August 1980 of institutional reforms;
3° the article is supplemented by a paragraph 2, which reads as follows:
“§2. By derogation from Article 8, § 1^er, the King may authorize, by order deliberately in the Council of Ministers, activities on the marine reserves directed, provided that they are duly motivated and that they do not endanger the current situation. »;
4° the article is supplemented by a paragraph 3, which reads as follows:
Ҥ3. In special protection areas and special conservation areas, the King may prohibit, by deliberate order in the Council of Ministers, activities in whole or in part, with the exception of the following activities:
(i) Monitoring and control;
(ii) monitoring and scientific research carried out by, on behalf of or with the agreement of the authority;
(iii) navigation, unless restricted under section 20;
(iv) activities under Article 6, § 1^erV of the special law of 8 August 1980 of institutional reforms;
(v) activities within the jurisdiction of the Flemish Region as defined in Article 6, § 1^erX, last paragraph, of the special law of 8 August 1980 on institutional reforms;
(vi) military activities, without prejudice to the provisions of Article 7, § 4, second sentence. "
Art. 6. An article 8bis, as follows, is inserted in the same law:
"Art. 8bis. § 1^er. For marine protected areas referred to in section 7, § 2, the Minister may enter into a user agreement by protected area.
§ 2. A user agreement meets the following minimum conditions:
(i) the user agreement does not replace existing legislation or regulations and does not derogate from them by less stringent provisions;
(ii) the conclusion of a user agreement is an appropriate means to protect the intended marine space; (iii) the user agreement shall be entered into for a specified period of time, ending no later than the day on which the corresponding policy plan ends, in accordance with section 9 of this Act.
The King stops the other conditions to conclude user agreements between the Minister and users of marine protected areas.
§ 3. The Minister may conclude, for each protected area, a user agreement with any user or user organization involved in this marine protected area, provided that this organization proves that it:
(i) has legal personality;
(ii) is sufficiently representative of users of the Belgian marine space belonging to the same group of interests;
(iii) has the statutory authority to enter into a user agreement or is mandated to do so by at least three quarter of its members.
The King sets out the terms and conditions for the conclusion, execution and termination of a user agreement. »
Art. 7. The following amendments are made to section 9 of the Act:
1° § 1^er is replaced by the following provision:
« § 1^er. For marine protected areas referred to in Article 7, § 2, a policy plan to assess the applicable protection is developed by marine protected areas.
The King establishes the rules relating to the procedure, content, conditions, time and form to which political plans must be met. »;
2° § 2 is repealed.
Art. 8. Article 20, § 1^erthe same law shall be replaced by the following provision:
« § 1^er. The King may, by deliberate decree in the Council of Ministers, impose specific systems for the organization of traffic in order to preserve marine protected areas of pollution or to safeguard them. "
Art. 9. In section 43, 4, of this Act, the words "and officials of the General Directorate Environment of the SPF Public Health, Food Chain Safety and Environment are inserted after the words "North Sea".
CHAPTER III. - Final provision
Art. 10. The King shall determine the effective date of each of the provisions of this Act, except this section.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 September 2005.
ALBERT
By the King:
The Minister of Budget, in charge of the Marine Environment,
J. VANDE LANOTTE
The Minister of Justice,
Ms. L. ONKELINX
Minister of Economy,
Mr. VERWILGHEN
Minister of Defence,
A. FLAHAUT
The Minister of the Interior,
P. DEWAEL
Minister of the Environment,
B. TOBBACK
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Mobility,
R. LANDUYT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Regular session 2004-2005.
House of Representatives.
Parliamentary documents. - Bill No. 51-1805/1. Report of the Commission, No. 51-1805/2. - Text corrected by the Commission, No. 51-1805/3. - Text adopted in plenary and transmitted to the Senate, No. 51-1805/4.
Annales parliamentarians. - Discussion and adoption. Session of June 16, 2005.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1248/1. - Project not referred to by the Senate.