Research: major improvements needed in licensing, supervision and enforcement (VTH) for construction, environment and nature in the Caribbean Netherlands | News item

News item | 13-06-2023 | 19:00

The implementation of permit granting, supervision and enforcement (VTH) with regard to construction, environment and nature in the Caribbean Netherlands (Bonaire, Sint Eustatius and Saba) falls short. This despite the efforts of the island governments in recent years. An important reason is that these public bodies are too small to set up a robust VTH system and keep it running.

This has emerged from an investigation by the Human Environment and Transport Inspectorate (ILT) commissioned by State Secretary Vivianne Heijnen (Environment). Heijnen sent the research to the House of Representatives today, also on behalf of State Secretary Alexandra van Huffelen (Kingdom Relations), Minister Hugo de Jonge (Spatial Planning) and Minister Christianne van der Wal (Nature).

A well-functioning VTH system for building, the environment and nature is important. If that is not there, it can have negative consequences for nature, including the coral and nature parks, and for the living environment, such as the air, water and soil.

To assure

State Secretary Heijnen had requested the investigation in response to concerns about the functioning of the VTH system. Those concerns were shared among MPs and in the cabinet, but also among the local authorities and residents of the islands. This study shows that those concerns were justified.

The research was presented today by the State Secretary to the House of Representatives, the Executive Councils and the Government Commissioner. Vivianne Heijnen: “The research shows serious shortcomings, of which nature and the environment are the victims. For example, the coral off the coast of the islands. We really need to get started now. We will be working on improvements in the near future. I want to do this carefully and together with the island governments.”

Conclusions

The ILT concludes that the implementation of the VTH tasks for construction, environment and nature on the three islands does not comply with the legal requirements and local regulations. As a result, the environment and nature are not sufficiently protected. In order to achieve the necessary improvement here, a fundamental change is required in the implementation of the VTH tasks.

The public entities are too small to properly organize the necessary knowledge and experience and to be able to introduce sufficient checks and balances in the work processes, the ILT concludes. The size of the islands as small communities and the proximity of the administration further complicate professional and independent performance of VTH tasks.

Incidentally, this problem is the result of a historically developed situation in which several parties, including the Dutch government, have played a role. In the European Netherlands, too, work is currently underway to strengthen the VTH system.

The ILT also concludes that the situation at the three public bodies is comparable to the situation at municipalities and provinces in the European Netherlands until 2013. From that moment on, the implementation of VTH tasks gradually transferred to environmental services.

Recommendations

The ILT makes four recommendations to the national government and the public bodies to improve the implementation of VTH tasks with regard to construction, the environment and nature:

  1. Transfer the implementation of the VTH tasks for construction, the environment and nature of the three public entities to one existing environmental service in the European Netherlands as soon as possible. In this way knowledge, experience and continuity are safeguarded and distance from the board is also achieved;
  2. Tackle the identified bottlenecks within the official organization of the public bodies quickly and in a targeted manner, in close cooperation with the environment service. After all, part of the VTH process will continue to be carried out by the public body;
  3. Ensure up-to-date and adequate legislation and regulations for construction, the environment and nature;
  4. Strengthen the position of the Kingdom Representative so that he can intervene if things go wrong with the implementation of the VTH tasks.

What now?

The parties involved will now work together on the recommendations and conclusions from the study. Shortly after the summer, State Secretary Heijnen will inform the House of Representatives about the next steps, including the recommendation on the deployment of an environmental service.

This is not settled overnight. That is why the existing support to the islands will be continued. The parties involved also look together at whether there are measures that can be taken in the short term.

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