The consequences of the new nature conservation and spatial regulations in Brabant are still unclear. The interpretation of the policy is still open, as is the legal sustainability and whether sufficient funds will be made available to be able to implement the policy.
De Brabant States voted Friday night into Saturday night with a new Spatial Planning Ordinance and the Noord-Brabant Nature Protection Ordinance. Purpose of the new rules is to give a boost to the transition of livestock farming. The most important points in this are the bringing forward of emission regulations, stables and manure processing.
Policy direction
Both Regulations indicate a policy direction and have yet to be translated into concrete implementation rules. Virtually all States parties denounced the policy proposal of the Provincial Executive (GS) for a stricter livestock policy because it is very limited. The call for flanking policy was great.
Uncertainty about feasibility
Besides the fact that there are many questions about the feasibility of the policy, much is still unclear about the financing. Feed manufacturers have already indicated that they will not invest any money in a cold clean-up of livestock farming in Brabant. However, GS is counting on the contributions of agribusiness. This money is intended for the stable fund. It is expected that a total of around €30 million will be needed for this fund.
Legal shelf life
This also applies to the legal sustainability of, in particular, the Nature Protection Regulation. According to lawyer Paul Bodden of Hekkelman Advocaten, it is a question of whether the court should bring forward emission and stable requirements for 6 years. Bodden: "Farmers have entered into irreversible obligations based on the rules as they were. The province is imposing an unnecessary financial burden on this group of farmers and the question is whether that is even possible." For this, the Regulation will have to be submitted to the civil court.
Franca Damen, lawyer at Kneppelhout & Korthals Advocaten responds: "The question is whether Brabant does not want a transition that is too rapid in too short a time." ZLTO and NVV are investigating the possibilities of starting a procedure.
Waiting
Thanks to an adopted motion, submitted by the VVD, the GS must come up with an accompanying policy in September before the budget is discussed. These implementing rules will determine when the transition can receive the hoped-for boost.
Until then, much is unclear. Inquiries with a number of business advisers show that farmers are adopting a wait-and-see attitude. The only concrete thing they can do now is take an inventory of the age of their stables, including interim adjustments. This is to get an idea of the barn adjustments that they have to carry out more quickly.
The current rules that have been in force since Saturday do not provide farmers with enough guidance to make a decision. It is also difficult to make a financial estimate. Farmers and the agricultural business community are waiting for the time being.
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