THE NEW LAW FOR ENVIRONMENTAL MANAGEMENT IN ANDALUSIA ( LEGAM ) . . .
...And how we have contributed
to its improvement :
On March 20, 2026, the new law for Environmental Management in Andalusia was published in the BOJA (Law 2/2026, of March 12).
In December 2024, our Association submitted objections to the draft bill.
Our arguments have been incorporated into the law passed by Parliament, so we can only express our satisfaction at having contributed to its improvement.
Our allegations were based on the two fundamental issues that have prevented our Associations from being able to defend the environment in our municipalities.
The first of these concerns access to information , a right that has been denied to us so many times, as well as our status as interested parties in the files .
And the second, and no less important, is the defense of the municipality and its local autonomy .
Our purpose was none other than to reclaim for the municipalities their decision-making power over renewable energy megaprojects within their municipal boundaries, a power that has so often been denied to them until now.
Below we show you, firstly, the content of the draft bill, followed by our objections to it, and finally, how our objections have been incorporated into the Law approved by the Parliament of Andalusia.
THE ADMINISTRATION HAS DENIED US ACCESS TO THE FILES AND PUBLIC PARTICIPATION
Article 15 of the draft bill included public participation, through the annual publication of a report on the state of the environment and through the publication of a list of files .
WE PROTEST AGAINST
BECAUSE:
Our right to public participation and access to information must be enshrined in the same terms as Article 3 of Law 27/2006 of July 18, and not through the publication of a report.
Furthermore, real and effective participation in decision-making is guaranteed by facilitating access to the files and not by publishing a list of them.
THIS ALLEGATION ALREADY
IT IS INCLUDED IN ARTICLE 16 OF THE LAW
THE ADMINISTRATION HAS DENIED US THE STATUS OF INTERESTED PARTIES IN THE PROCEEDINGS
The draft bill, in its Art. 16, regulated the registration of interested parties in the files, including only legal entities.
WE PROTEST AGAINST
BECAUSE:
Legal entities are mentioned, but nothing is said about natural persons, that is, any citizen.
Since Article 3 of Law 27/2006 of July 18 states that a citizen is not obliged to declare a specific interest in order to have the status of interested party and therefore have access to environmental information.
THIS ALLEGATION IS ALREADY INCLUDED
IN THE LAW, ARTICLE 17,
INCLUDING AMONG THOSE INTERESTED,
NOW YES,
TO NATURAL AND LEGAL PERSONS
IN DEFENSE OF MUNICIPAL AUTONOMY
Article 69.2.b of the draft bill regulated the urban planning compatibility report issued by the City Council. This report would be prior, mandatory, and binding.
If the City Council's report was unfavorable, the Department of the Environment will issue a resolution ending the procedure and archiving the file.
But it only established this for one procedure, the Unified Environmental Authorization, AAU.
WE PROTEST AGAINST
BECAUSE:
We requested that this guarantee be included in all procedures with an impact on the environment, in order to respect local autonomy and the prior pronouncement of the municipality in this type of file, which is manifested in the fact that if the City Council's report is unfavorable, the Department of the Environment will issue a resolution ending the procedure and archiving the file.
THIS ALLEGATION ALREADY
IT IS STATED IN THE LAW,
FOR ALL PROCEDURES :
In art. 61.2.a) regarding the Authorization Procedure
Integrated Environmental, AAI.
In art. 71.2.b) regarding the Authorization Procedure
Unified Environmental, AAU.
In art. 75.1.c.3º, regarding the Modification Procedure
Substantial of the AAU.
In art. 82.2.b) regarding the Authorization Procedure
Simplified Unified Environmental, AAUS.
In art. 101.1.d) regarding the Declaration Procedure
Responsible, DR.
NEXT,
YOU CAN FOLLOW THE STEPS WE HAVE TAKEN
PREVIOUSLY,
CHRONOLOGICALLY:
Last December 2024, as volunteers, we carried out one of our campaigns at the Andalusian level (for politicians, town councils, associations, platforms, etc.) with the aim of informing and urging the registration of the document of allegations that we prepared, to the draft Law for the Environmental Management of Andalusia.
Thanks to everyone's work, considering the limited time the Administration grants to study the publication of any Law, we are pleased to have obtained the results because the bill has incorporated all our claims, as expressed in the following letter, which will be sent to all the spokespersons and members of parliamentary groups in the Junta de Andalucía.
The goal is for them to be aware of the issues and thus be able to influence their next vote in the Andalusian parliament, without any changes or amendments to those articles, which now do include the claims that we presented.
Here is our request to all members of parliament and spokespeople:
HERE
the allegations to articles 15 and 16 of the draft bill submitted in December 2024.
Click here to download the full document in PDF format.
HERE
the allegations to the AAU submitted in December 2024.
Click here to download the full document in PDF format.
