The first seven of hundreds of farmers’ lawsuits against the government began today in the Zwolle court. The farmers, some of them from Drenthe, object to the additional designation of protected plants and animals in Natura 2000 areas. They fear that because of this ‘new’ nature and animal species they will have to deal with even stricter rules.
They also doubt whether the new nature is really that ‘new’. “We have always been tricked by the government. The farmers have created nature, but now we have our backs against the wall, while we have created that nature.”
Reportedly, about a thousand farmers lodged an objection against the so-called Habitat Directives Amendment Decree. With this Amendment Decree, the government wants to record 150 plant and 70 animal species that were not previously included on the list of protected species in Natura 2000 areas. This includes the areas De Weerribben-Wieden near Meppel and the Sallandse Heuvelrug.
According to the farmers, the addition of new protected species makes it even more difficult for them to comply with nitrogen regulations. Possibly some could even lose their nature conservation permit due to the designation of new nature areas. “The residual consequences of the designation can be very large and that should have been stated in the decision. Because then I can derive rights from it and now that is not possible,” says one of the farmers in court.
According to Minister of Agriculture, Nature and Food Quality Piet Adema, the designation of vulnerable species was not properly completed when the Natura 2000 areas were mapped in 2008. This Amendment Decree attempts to complete that designation after all. Across the country, about a thousand farmers have lodged an objection against the change with the support of the Stikstofclaim foundation. The objectors who were in court today come from Zwolle, Hasselt, Nieuw-Heeten and Holten, among others. All places in Overijssel.
A third party has also joined the case. It concerns the Environmental Association, supported by Johan Vollenbroek of the environmental group Mobilization for the Environment (MOB). Where MOB and the Environmental Association often act against the government, the two environmental clubs now stand side by side with the minister.
Valentijn Wösten, the legal representative on behalf of the Environmental Association, finds the many farmers’ objections ‘politically charged’. “It is a shot of hundreds of appeals. But don’t these entrepreneurs also want to hand over our country to the next generations in an orderly way? These lawsuits are very destructive, all this energy can also be used to solve the problems, but that is happening now not.”
The farmers, in turn, wonder whether these new plant and animal species were really present before. “Then show us the documents from 2008 that state that nature was already found then, with date and signature.”
According to the farmers, that is the only way to demonstrate that it is a fair process. “Because when it comes to new nature, it doesn’t belong in an amendment decree. Then you shouldn’t make the rules stricter, but you should ask yourself how it is possible that new plants have been added despite the abundance of nitrogen.”
These seven appeals are the first of many. The Drenthe cases will later be heard in court in Groningen. When is not yet clear. In the cases that have been dealt with today, the verdict will follow in six weeks at the latest.