The Supreme Court recently clarified that Chapter 32 of the Environmental Code can be applied between contracting parties and that it is possible to derogate from those provisions and even exclude their application through contractual provisions. While this ruling confirms that a contracting party can safely rely on terms which modify the liability rules in the Environmental Code, it also highlights the importance of ensuring that such provisions are clearly worded and well understood.
The Land and Environment Court of Appeal recently determined a case regarding exemption from national provisions to protect the fungus species Sarcosoma globosum. While the ruling provides some nuance and clarification, the case has since been subject to interesting and varying interpretations by land owners, authorities and law practitioners.
The Drinking Water Inquiry recently submitted its final report to the government. The aim of the report was to identify challenges to a secure drinking water supply from raw water sources to delivery, and to suggest relevant actions. The inquiry contains good proposals to improve planning and management of drinking water from source to tap. However, its future success relies heavily on the work of authorities within their appointed areas of responsibility.