Belgium

Dupont, Valérie [UCL] Schoukens, Hendrik [UGent] Born, Charles-Hubert [UCL]

In Belgium, the regulatory framework pertaining to biodiversity offsets is largely confined to implementing EU rules (the Habitats Directive, the Birds Directive, the Strategic and Environmental Impact Assessment Directives and the Environmental Liability Directive). In addition, mitigation requirements also exist for specific types of biodiversity, especially in the Flemish Region. Until recently, no widespread debate had been conducted on the topic. Biodiversity offsets were mostly negotiated and adopted on a case-by-case basis, with little transparency and consistency. However, the recent rise in the number of lawsuits centering on nature protection has led to the development of an important case-law on the application of the mitigation hierarchy and on the legal safeguards that should be applied to ensure the effectiveness of these measures. Furthermore, regional administration have started to adopt consistent rules to measure the losses and gains in a consistent and transparent way (as is exemplified in the context of deforestation in Flanders and wind energy development in Wallonia).