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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:
1 An authorisation or exemption provided for in:
a. Article 2.11.1, first paragraph , or 3.1, first paragraph, of the Decree on safe use of construction works ,
b. Article 40 of the Mining Act which does not apply to the continental shelf,
c. Article 11, second paragraph, of the Monuments Act 1988 which does not apply to archaeological monuments,
f. Article 3.3 (a) or (b) , 3.6, first paragraph, point (c) , 3.7, third or fourth members , 3.22, 1st Member , 3.23, 1st Member , 3.38, third, fourth or sixth member , Article 4.1, third or fifth member , 4.2, third member , or 4.3, third or fourth members , 4.4, third Member , 6.12, 6th paragraph , or 6.13, second paragraph, point (e) of the Spatial Planning Act , or
immediately prior to the date of entry into force of Article 2.1, first paragraph, of the General Provisions Act is effective and irrevocable, shall be deemed to be an environmental permit for the activity in question in so far as it is intended to Article 1.1 of that Act is required, treated as an environmental permit for the activity concerned.
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.
5 By way of derogation from the fourth paragraph, a restriction or a requirement under which, Article 8.17, second paragraph, of the Environmental Protection Act shall stipulate that the licence in question shall be valid only for a specified period.
1 Article 1.2, first paragraph , shall apply mutatis mutandis to a licence as referred to in Article 8.1 of the Environmental Protection Act immediately prior to the date of entry into force of Article 2.1, first paragraph, of the General Provisions Act is irrevocable, but in relation to the particular Article 20.8 of the Environmental Protection Act has not yet entered into force.
2 In cases referred to in paragraph 1, and in cases where there is a licence as referred to in the first paragraph, Article 8.1 of the Environmental Protection Act Of which Article 1.2, second and third paragraphs , where applicable, the relevant environmental authorisation shall enter into force not earlier than after authorisation has been granted for the construction activity concerned.
3 In cases as referred to in the first and second paragraphs Article 2.7, first paragraph, of the General Provisions Act not applicable in respect of activities referred to in Article 2.1, first paragraph, points (a) and (e) of that Act .
1 An environmental permit for an activity related to a device as intended Article 2.1, first paragraph, point (e) of the General Provisions Act shall also apply to changes in the establishment or functioning of the establishment concerned, for which a decision on a declaration as referred to in Article 8.19, first paragraph, point (c) of the Environment has been taken immediately before the date of entry into force of the former article in force and irrevocable.
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.
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.
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.
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.
2 Article 1.2, second to fourth paragraphs , shall apply mutatis mutandis.
1 A project decision as referred to in Article 3.10, first paragraph , 3.27, first paragraph , or 3.29, 1st paragraph, of the Spatial Planning Act or a decision as referred to in Article 3.40, first paragraph , 3.41, first paragraph , or 3.42, paragraph 1 of that Law immediately prior to the date of entry into force of Article 2.1 of the General Provisions Act is effective and irrevocable shall be treated in the same way as an environmental permit for an activity as referred to in point (c) of the first paragraph of Article 2.1 of that Act.
2 Article 1.2, second to fourth paragraphs , shall apply mutatis mutandis.
1 By way of derogation from Article 1.2, second paragraph, point (c) , a decision shall be taken on an application for:
a. a waiver referred to in Article 3.6, first paragraph, point (c) , 3.22 , 3.23 or 3.38, 4th paragraph, of the Spatial Planning Act ,
b. a project decision as referred to in Article 3.10, first paragraph , 3.27, first paragraph , or 3.29, 1st paragraph, of the Spatial Planning Act or a decision as referred to in Article 3.40, first paragraph , 3.41, first paragraph , or 3.42, paragraph 1 of that Law , or
c. a waiver of the rules laid down pursuant to Article 4.1, third paragraph , or 4.3, third member, of the Spatial Planning Act ,
at the time of entry into force of Article 2.1 of the General Provisions Act has been taken, but not yet irrevocable, to the extent that that decision sees a construction activity for which an application for construction permit as referred to in Article 40 of the Housing Act has not been lodged immediately before that time, equated with a construction activity which has not been lodged with the Decision of the competent authority, referred to in Article 1.1, first paragraph, of the General Provisions Act , with regard to the first stage of an environment permit as intended in Article 2.5 of that Act for an activity as referred to in Article 2.1, first paragraph, point (c) of that Act.
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.
3 Where on the preparation of the decision with regard to the second stage of an environmental permit related to a decision as referred to in the first or second member, on the basis of Article 2.5, second paragraph, second sentence, of the General Provisions Act the regular preparation procedure, referred to in Section 3.2 of that Act , by way of derogation, shall nevertheless be subject to the comprehensive preparatory procedure provided for in Section 3.3 of that Act , applicable, if the decision, referred to in the first or second paragraph, is prepared with application of Section 3.4 of the General Administrative Law .
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.
1 By way of derogation from Article 9.1.10 of the Act of Import and Regional Planning Act An exemption provided for in that Article shall be granted at the time of entry into force of that Article. Article 2.1 of the General Provisions Act has been granted but is not yet irrevocable in so far as that exemption is concerned with a construction activity for which no application for construction authorisation as referred to in the first paragraph is immediately before that date. Article 40 of the Housing Act was lodged, in the same way as a decision of the competent authority, referred to in Article 1.1, first paragraph, of the General Provisions Act , with regard to the first stage of an environment permit as intended in Article 2.5 of that Act for an activity as referred to in Article 2.1, first paragraph, point (c) of that Act.
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.
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.
2 A decision referred to in paragraph 1 shall, after having become irrevocable, be treated in the same way as a decision under the Environmental law general provisions law .
1 The right of duty 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 a decision to compensate for costs or damage resulting from a decision relating to an activity as referred to in Article 4 (2) of the EC Treaty. Article 2.1, first paragraph, point (e) or (f) of the General Provisions Act (Law on the Environment) if, before that date, a request for reimbursement of costs or damage has been made.
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 .
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.
1 After the entry into force of this Act, general measures of administration and ministerial arrangements shall be based on the date immediately prior to the date of entry into force of this Act. Article 8.15 of the Environmental Management Act , on Article 4.1 of the General Provisions Act .
2 General measures of administration shall be based upon the entry into force of this Act, provided that they are based at the time immediately prior to the date of entry into force of this Act:
a. Article 8.1 of the Environmental Protection Act : Article 1.1, third paragraph, of the General Provisions Act ;
b. Article 8.2 of the Environmental Management Act : Article 2.4 of the General Provisions Act ;
c. Article 8.5 of the Environmental Management Act : Article 2.8 of the General Provisions Act ;
ed. Article 8.7 of the Environmental Management Act : Article 2.26 of the General Provisions Act ;
e. Article 8.42a, first paragraph , or 8.45 of the Environmental Protection Act : Article 2.22, third paragraph, of the General Provisions Act ;
f. Article 18.3 of the Environmental Protection Act : Article 5.3 of the General Provisions Act .
3. After the entry into force of this Act, provincial environmental regulations, as they are based on the date immediately prior to the date of entry into force of this Act, shall be based on: Article 8.46 (1st paragraph) of the Environment , on Article 1.3c of the Environmental Management Act .
4 Art. 21.6, 6th paragraph, of the Environmental Protection Act continue to apply mutatis mutandis after the entry into force of this Act, mutatis mutandis, to changes in the Landfill sites for dredging land .
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:
a. Article 18.4, first paragraph, of the Environment : Article 5.10, first paragraph, of the General Provisions Act ;
b. Article 18.4, third paragraph, of the Environment : Article 5.10, third paragraph, of the General Provisions Act ;
c. Article 21.3, 1st paragraph, of the Environmental Protection Act : Article 5.11 (1st paragraph) of the General Provisions Act ;
ed. Article 21.3, third paragraph, of the Environmental Protection Act : Article 5.11, third paragraph, of the General Provisions Act .
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.
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.
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.
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 2010The Minister of Justice
E. M. H. Hirsch Ballin
