Importation Act General provisions Act of environmental law

Original Language Title: Invoeringswet Wet algemene bepalingen omgevingsrecht

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Law of 25 March 2010 establishing transitional law and amending various laws for the purposes of the implementation of the Law in the field of environmental law (Law on the application of the Act of Entry into law and general provisions of the law)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it is necessary for the introduction of the Environmental law general provisions law to provide for transitional arrangements and to adapt a large number of laws;

Thus, we, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as saying:

Chapter 1. Changes in the Environmental law general provisions law and transitional law

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§ 1.1. Changes in the Environmental law general provisions law

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Article 1.1

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§ 1.2. Transitional provisions

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Article 1.2

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  • 2 The right to be applied immediately before the date of entry into force of the Article 2.1 of the General Provisions Act shall continue to apply to:

    • (a) the preparation and adoption of the decision on an application for authorization or exemption referred to in the first paragraph or an application for a decision amending or withdrawing it if an application has been submitted for that time;

    • (b) the preparation and establishment of an automatic decision to amend or revoke an authorization or exemption referred to in paragraph 1, if a draft decision has been made available for such time as before that date; or

    • (c) a licence or exemption referred to in the first paragraph or a decision amending or withdrawing it, which is not yet irrevocable.

  • 3 In cases referred to in the second paragraph:

    • a. An authorisation or an exemption equivalent to an environmental permit for the activity in question;

    • (b) a decision to amend an authorization or exemption equivalent to a decision to amend an environment permit;

    at the time at which the decision in question became final.

  • 4 Restrictions under which a decision referred to in paragraphs 1 or 3 has been granted shall be treated in the same way as rules related to the environment authorization.


Article 1.2a

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Article 1.2b

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  • 2 The right to be applied immediately before the date of entry into force of the Article 2.1 of the General Provisions Act shall continue to apply to:

    • (a) the preparation and adoption of the decision on a declaration as referred to in paragraph 1 if, prior to that time, the proposed change refers to a notification as referred to in the first paragraph; Article 8.19, first paragraph, point (b) of the Environment has been done;

    • (b) a decision on a declaration as referred to in the first paragraph which is not yet irrevocable.

    From the date on which the decision in question has become irretrievable, the first paragraph shall apply mutatis mutandis.


Article 1.2c

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An exemption as referred to in Article 3.23, first paragraph, of the Spatial Planning Act which apply to Article 4.1.1, first paragraph, part j, and second paragraph, of the Decision on spatial planning is granted for the use of a residential property for residential property and on the basis of Article 1.2 An environmental permit shall be treated in the same way as for the period of time for which the person to whom the licence was granted habitatates unabated.


Article 1.3

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  • 1 If before the date of entry into force of Article 2.1 of the General Provisions Act an application for construction permit first phase as referred to in Article 56a of the Housing Act In the absence of both an irrevocable construction permit and an irrevocable construction permit second stage, the immediately applicable law shall continue to apply to:

    • (a) the lodging of an application for a construction permit second phase;

    • b. the submission of an amended application for construction permit first phase as intended Article 56a, 8th paragraph, of the Housing Act ;

    • (c) the preparation and adoption of a decision on an application or an amended application for the first stage of construction and an application for a construction permit second phase;

    • d. The construction permit first stage and construction permit second phase.

  • 2 The construction permit first stage and the construction permit second stage shall be treated in the same way as an environmental permit for the activity concerned, at the time when both decisions have become final.


Article 1.4

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  • 1 An authorisation or exemption for an activity as referred to in Article 2.2, first paragraph, of the General Provisions Act which is effective and irrevocable immediately before the date of entry into force of that Article, shall be treated as an environmental permit for the activity in question.


Article 1.5

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Article 1.5a

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  • 2 The first paragraph shall apply mutatis mutandis to a decision as referred to in that paragraph which before the date of entry into force of this Article Article 2.1 of the General Provisions Act has been applied for, but has not yet been taken, at the time that decision is made.

  • 4 For the possibility of recourse, a decision equivalent to a decision on the first stage of an environmental authorization with the decision relating to the second stage of that procedure shall be a decision equivalent to that of the first or second paragraph. Environmental permit is considered as a single decision.


Article 1.5b

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  • 2 The first paragraph shall apply mutatis mutandis to an exemption as referred to in that paragraph which before the date of entry into force of this Article Article 2.1 of the General Provisions Act has been applied for, but not yet granted, at the time the exemption is granted.

  • 3 Article 1.5a, third and fourth members , is an exemption equivalent to a decision relating to the first stage of an environment permit, which is equivalent to that of the first or second paragraph, mutatis mutandis.


Article 1.6

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  • 1 If for the time at which the Environmental law general provisions law It shall continue to apply to an activity referred to in that law by means of a disposition of administrative coercion or an imposition of a charge of periodic penalty payment or partial or partial withdrawal of a permit, the immediately before that time, in respect of a decision applicable to such a decision, applicable to the moment when the decision becomes final.


Article 1.7

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  • 2 A decision granted in accordance with paragraph 1 shall, after having become irrevocable, be treated in the same way as a decision taken pursuant to Article 3 (1) of Article 4.2 of the General Provisions Act .


Article 1.7a

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After the date of entry into force of Article 2.1 of the General Provisions Act In so far as the destination plan, the operation plan, the application plan or the preparation decision or a management regulation adopted prior to that date, is Article 3.3 , 3.6, first paragraph, point (c) , 3.7, third or fourth members , 3.26, second paragraph , 3.28, second paragraph , 3.38, third or fourth member , 4.1, third or fifth member , 4.2, third member , 4.3, third or fourth members , 4.4, third Member , or 6.13, second paragraph, point (e) of the Spatial Planning Act As it was stated before that time, a licence is required or a waiver may be granted, subject to a licence or an authorisation, respectively, to be subject to an environmental permit.


Article 1.8

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Article 1.9

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After the entry into force of this Act, decisions or arrangements shall be based, in so far as they were based on the date of entry into force of this Act at the time of entry into force of:


Article 1.10

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The right applicable at the time immediately prior to the date of entry into force of the Environmental law general provisions law shall continue to apply in respect of indications as intended for the purposes of the Law Preferred Law Municipalities where grounds are designated on the basis of a project decision, except that the designation is due to expire five years after the day of the day's day-drawing.

Chapter 2. Home Ministries Ministry of the Interior and Kingdom Relations

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Article 2.1

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Article 2.2

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Chapter 3. Ministry of Economic Affairs

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Article 3.1

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Article 3.2

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Chapter 4. Ministry of Finance

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Article 4.1

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Article 4.2

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Article 4.3

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Article 4.4

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Article 4.5

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Article 4.6

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Chapter 5. Ministry of Justice

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Article 5.1

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Article 5.2

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Article 5.3

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Article 5.4

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Chapter 6. Ministry of Agriculture, Nature and Food Quality

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Article 6.1

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Article 6.2

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Article 6.3

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Article 6.4

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Chapter 7. Ministry of Education, Culture and Science

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Article 7.1

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Chapter 8. Ministry of Transport and Water State

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Article 8.1

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Article 8.2

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Article 8.3

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Article 8.4

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Article 8.5

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Article 8.6

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Article 8.7

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Article 8.8

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Chapter 9. Ministry of Housing, Spatial Planning and the Environment

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Article 9.1

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Article 9.2

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Article 9.3

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Article 9.4

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Article 9.5

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Article 9.6

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Article 9.7

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Article 9.8

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Article 9.9

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Article 9.10

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Article 9.11

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Article 9.12

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Article 9.13

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Article 9.14

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Article 9.15

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Article 9.16

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Article 9.16

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Article 9.17

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Article 9.18

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Chapter 10. Final provisions

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Article 10.1

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  • 1 If under any legal requirement:

    • (a) on the design of a scheme or the intention to adopt a system of opinion, whether external consultations should be held;

    • b. must be notified of the design of a scheme;

    • (c) a system may not enter into force earlier than after a period has elapsed since its adoption or publication;

    • d. may be required by or on behalf of one of the Chambers of the States-General or some of its Members that the subject or entry into force of the Arrangement be governed by the Act; or

    • e. the nomination for a general measure of directors must be made by a minister other than Our Minister of Housing, Spatial Planning and Environmental Management,

    does not apply to that requirement in respect of the Import Decision Environmental law general provisions law or the Entry Scheme Act General Provisions Environmental Law.

  • 2 The first paragraph, part (a), shall not apply to the hearing of the Council of State.


Article 10.2

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This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.


Article 10.3

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This law is cited as: Import Law Law General Provisions Environmental Law.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Entry

' s-Gravenhage, 25 March 2010

Beatrix

The Minister for Housing, Spatial Planning and the Environment

,

J. C. Huizinga-Heringa

The State Secretary for Education, Culture and Science

,

J. M. van Bijsterveldt-Vliegenthart

Issued the first April 2010

The Minister of Justice

E. M. H. Hirsch Ballin