Animal Welfare is Disregarded in Environmental Permitting

Currently, the Flemish Animal Welfare legislation does not prioritize animal welfare when issuing environmental permits. Applications for facilities housing animals such as zoos, intensive livestock farming, and breeding facilities, are evaluated only based on environmental and urban planning considerations. Animal welfare, despite the potential impact of the project on the animals’ welfare, is disregarded in the permit process.

Moreover, authorities are not empowered to reject permit applications proactively, even if they blatantly contravene animal welfare legislation. This regulatory loophole allows facilities to be approved even if they fall to meet fundamental welfare standards, leading to difficulties in addressing animal suffering post-approval.

Regrettably, animal welfare advocates have no influence over permit applications. The lack of integration between animal welfare and environmental permitting legislation in Flemish law is concerning. Permits are issued without any assessment of their compliance with animal welfare standards, and objections based on animal suffering  are routinely dismissed, illustrating a systemic failure to prioritize animal welfare in permit decisions. This is different in Wallonia where animal welfare is a criterion that must be investigated and assessed before an environmental permit is issued and also an animal impact assessment must be compiled, to investigate the impact of the project on animal welfare. [1]

Recommendations for Integrating Animal Welfare into Environmental Permitting Legislation

Animal welfare must be an essential criterion assessed before granting a permit for any project that could negatively impact animal welfare. This involves:

• Mandating the permit applicant to conduct a comprehensive animal impact assessment permit issuance. This assessment should evaluate the proposed project’s effects on animal welfare and suggest necessary measures to enhance it.
• Making animal welfare a compulsory factor in the permit assessment process.
• Giving the permitting authority the discretion to reject permits for projects that conflict with relevant animal welfare legislation.

Furthermore, appointing the Flemish Council of Animal Welfare as an advisory body would offer substantial expertise and guidance in ensuring the incorporation of animal welfare considerations into the permitting process.

The Flemish Animal Welfare Code should include the following clause:

‘When granting environmental and zoning permits for establishments housing animals, animal welfare must be a primary criterion for permitting.

The Flemish Council for Animal Welfare shall act as the appointed advisory body.

The application file must contain a comprehensive report on the establishment’s impact on animals and their welfare.’

Given the Flemish Region’s authority over animal welfare,  it has the power to integrate animal welfare provisions into Flemish environmental legislation.

Impact if the Optimal Reality is Realized:

A high number of animals (all animals located in an installation requiring an environmental permit)

__

An obligation, that animal welfare must be considered in environmental permitting, will impact all animals that reside in installations requiring an environmental permit. Considering that these permits become mandatory when a certain threshold number of animals is exceeded, this regulation will influence the lives of a high number of animals.

Such installations include zoos, petting zoos, bird and wildlife rescue centers, and animal shelters. It also applies to facilities that house amphibians, reptiles, or invertebrates, such as insects, arachnids, and millipedes. Poultry breeding facilities, including those for ostriches, emus, rheas, birds of prey, and parrots, will be affected as well. Lastly, establishments where mammals like pigs, calves, equine and bovine animals, goats, sheep, deer, alpacas, llamas, rabbits, rodents, cats, foxes, martens, beavers, chinchillas, and dogs are kept will also come under its purview. [2]