He object of the previous GICA of 2007 was to establish an appropriate regulatory framework for the development of the environmental policy of the Autonomous Community of Andalusia. This had to be done through instruments that guaranteed the incorporation of sustainability criteria in the actions that were subject to it.
The draft Law for the Environmental Management of Andalusia has been drafted, as explained on the CCAA website, with the objective of updating the existing environmental regulatory framework to the changes that have occurred in state and community regulations, in the areas of environmental protection and quality.
GICA Allegations
Environmentalists have submitted ALLEGATIONS to both the entire Draft Law and the articles of said Draft Billwhich replaces the Comprehensive Management Law of Andalusia. The GICA is, in the opinion of Ecologists, a general setback, because:
- Even though postulate as an advance with respect to the previous law, it is not a comprehensive lawbecause the prevention, control and evaluation of water resources are left out, as are territorial planning and matters related to the blue economy. It is incongruous that a Ministry that has abandoned powers in matters of water and the blue economy seeks to regulate actions in these three areas in a comprehensive and comprehensive manner, when it lacks the attribution of responsibilities.
- It doesn’t stop being the loss of the word “integral” is significant that the old GICA contained, indicating that it renounces the integration of all plans, projects and programs from the perspective of environmental quality.
- It is not certain that “administrative simplification”with new Simplified Unified Environmental Authorizations, will not represent a setback in environmental guarantees.
- The powers of the new Environmental Advisory Council are limited to “propose, advise, issue reports…”, without being able to intervene in the design of policies ex ante, not a posteriori.
- Day fEnvironmental quality is reduced to a mere granting of possible “incentives” to companies with environmental performance, ignoring the multiple formulas that both local and regional Administration have to encourage responsible behavior and discourage those that put the environment at risk.
- The eco-innovation is limited to a brief aspirational objectiverestricting the circular economy to a possibility and not a requirement; best available techniques are not listed as a mandatory tool to ensure clean production.
- Las Acoustic and light pollution are not subject to restrictiononly measurement and “action plans”. Light and noise pollution is treated with little rigor by not establishing limits or objectives or means or control to correct them, in addition to being plagued with exceptions that end up making this law ineffective.
- The confirmation of the overload of work of the technical services of the Ministry is not accompanied by reinforcement measures, but rather by an outsourcing of functions to entities collaborating with the Administration, which may have inspection capabilities. It means a setback in the dissuasive and preventive function of the sanctioning power of the Administrationso that the corresponding sanction could be removed and replaced with restore. If approved, the infractions would be very advantageous, no matter how much the rule emphasizes that for the same amount.
A new Law that does not convince
The call in the new Law for substitute environmental benefits represents a abandonment by the Administration of its power and its sanctioning obligation. It is allowing offenders to evade payment or inflate budgets for restoration, environmental education or improvement projects, failing to enter the public coffers with money proportional to the damage caused.
One of the most negative aspects of the proposed Standard is the replacement of the tasks up to now entrusted to the Public Administration and, therefore, to its officials, of “verification and control actions of activities” as well as “surveillance, control and monitoring tasks, and support for environmental inspection” to collaborating entities. It is a PRIVATIZATION of public service in favor of private entities. The norm moves away from the responsibility that falls to the Andalusian Public Administration.
In short, this Law, which aims to “establish a legal framework that guarantees a high level of environmental protection”, is far from that goal: what the Andalusian Government achieves with this Law is to establish a high level of shielding the activity. economical, since Controls are eliminated, others are privatized and civil society itself is co-responsible for protection, in an irresponsible way of getting out of the way.