HAVET & VANHUFFEL – Association d’avocats
On 25 February 2026, the Parlement de Wallonie adopted the decree amending the Act of 12 July 1973 on nature conservation and Book I of the Environment Code.
The amendments aim to modernise the Act of 12 July 1973 on nature conservation and to strengthen its compliance with the European “Habitats” and “Birds” Directives.
In practical terms:
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The text is streamlined (updating certain terminology, clarifying certain powers, specifying certain rules, and enabling the Government to create a single derogation application system where the same act requires several derogations or authorisations under the Nature Conservation Act, etc.);
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Certain applications for derogations from species protection are replaced by a prior notification mechanism (capture or temporary holding of specimens of protected species for the time necessary for identification for research or teaching purposes or for monitoring or biological inventories, provided that this does not endanger the life or integrity of the specimen; collection of aerial parts of plants justified for research or teaching purposes or for monitoring or biological inventories).
The Government is empowered to determine the notification procedure and to list other acts, works, activities, constructions or installations whose implementation may require a derogation subject to prior notification; -
As derogations are personal, it will now be possible to transfer them. Beneficiaries may also mandate a third party to implement them;
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The consultation procedure of the “Rurality” body is abolished in certain cases;
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The Government is granted the authority to issue derogations from protection measures applicable to nature and forest reserves. It is responsible for setting the conditions and procedures for granting such derogations. An appeal mechanism is established against these decisions, with the Government determining the procedures and the competent authority. Where several derogations are required, the Government may provide for a single procedure;
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The Government is authorised to adopt additional measures concerning protection regimes for animal and plant species;
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The scope of the prohibition on capturing birds is clarified;
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Municipal regulations or ordinances protecting non-game plant or animal species are now subject to a public inquiry. Where their scope is limited to one or more specific areas within the municipal territory, the municipality must notify the owners concerned in a manner comparable to that provided for in Article D.29-10 of the Environment Code.
To view the text of the decree of 25 February 2026, follow the link:https://nautilus.parlement-wallon.be/Archives/2025_2026/PARCHEMIN/433.pdf.