Nature protection law 1998

Original Language Title: Natuurbeschermingswet 1998

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Law of 25 May 1998 laying down new rules for the protection of nature and the countryside (Nature Conservation Act 1998)

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 would be desirable to lay down new rules on the protection of nature and the countryside, and that it would also be desirable to provide a legal basis for the provision of contributions for the promotion and development of the environment. to support the policy of nature and landscape as well as to provide compensation in respect of the activities of agricultural holdings on a voluntary basis, within designated areas, on the management of agricultural holdings, of nature and landscape;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. Introducing provisions

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • a. Our Minister: Our Minister for Economic Affairs;

  • b. Natural monument: terrain or water, or assembly of land or waters, which is of general interest for its natural scientific significance or natural beauty;

  • c. Owner: the owner, who is listed as an owner in the basic registration register, except that if an immovable property has an everlasting right of inheritance or a right of tightness, including the hereditary tenant or the owner of the property coated, and that in immovable property which is subject to an uneternable right of inheritance, a right of use or a right of use, including those persons who, in the basic registration register, are regarded as hereditary pairers, whether or not the holder is a member of a fruit or a member of the holder, if not the state of law it has been shown to be a different from the master registration register;

  • d. User: the person who is in use by virtue of a legal relationship other than that mentioned in (c);

  • e. landscape face: composition of unbuilt land or of built-up areas and unbuilt land which, by reason of its structures, patterns or elements, is otherwise due to its external appearance, historical-landscape of general interest is;

  • f. Directive 2009 /147/EC: Directive No 2009 /147/EC of the European Parliament and of the Council of the European Union of 30 November 2009 on the conservation of wild birds (PbEU 2010, L 20);

  • g. Directive 92 /43/EEC : Directive 92 /43/EEC of the Council of the European Communities of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (PbEG L 206);

  • h. priority species: as a priority species given in Annex II of the Directive 92 /43/EEC ;

  • (i) priority type of natural habitat: as a priority type of designated natural habitat in Annex I of the Directive 92 /43/EEC ;

  • j. initiator: the one who takes the initiative to a plan as intended in Article 19j or to a project or other act as intended in Article 19d, first paragraph ;

  • k. conservation objective: objective or objectives referred to in Article 10a, second paragraph ;

  • . Natura 2000: European ecological network consisting of the special protection zones provided for in Directive 2009 /147/EC and Directive 92 /43/EEC ;

  • m. existing use: use that is known by 31 March 2010, or could reasonably have been known to the competent authority;

  • n. Natura 2000 site:

    • 1 ° area designated by the competent authority of the country in which the territory is situated as a special protection zone, for the purposes of implementing Articles 3 (2) (a) and (4), first and second paragraph, of Directive 2009 /147/EC or Article 3, second paragraph, and 4, fourth paragraph, of Directive 92 /43/EEC,

    • 2 °. area provisionally designated as intended Article 12, third paragraph , or

    • 3 °. area appearing on the list of sites of Community importance referred to in Article 4 (2) of Directive 92 /43/EEC;

  • o. environment permit: environment permit as intended Article 1.1, first paragraph, of the General Provisions Act ;

  • p. Exclusive Economic Zone: exclusive economic zone of the Netherlands as intended in the Rijkswet Establishment exclusive economic zone ;

  • q. programme: programme as referred to in Article 19kg, first paragraph;

  • r. development space: nitrogen deposition which may be allocated to or reserved for decisions as referred to in Article 19km under the programme in relation to a Natura 2000 site contained therein;

  • s. for nitrogen susceptible habitats in a Natura 2000 site: for nitrogen susceptible natural habitats or habitats of species susceptible to nitrogen in a Natura 2000 site for which a conservation objective applies.


Article 1a

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This law shall also apply in the exclusive economic zone, with the exception of: Article 10 , Chapter III, Title 2, paragraph 1 and Chapter IV .


Article 2

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  • 1 Where otherwise specified, the following shall be understood as "deputed States" of the province in which Natura 2000 sites or natural or landscape heritage sites or protected nature monuments or protected natural habitats are protected. Landscape faces are wholly or largely located.

  • 2 Signatory states do not designate landscape-faces, which are also located in another province, as a protected landscape, rather than in accordance with the Member States of the other provinces.

  • 3 Member States shall not decide on an application for authorisation as referred to in Article 3 (2). Article 16 or to set up a management plan as intended Article 17 not fixed, than in accordance with the Member States of the other provinces in which the protected nature monument is co-located.

  • 4 The Member States deputed for the management plan referred to in Article 19a not to be established in accordance with the Member States of the other provinces in which the Natura 2000 site is co-located.

  • 5 Signatory states do not decide on an application for a permit as intended Article 19d, first paragraph , in accordance with the Member States of the other provinces in which Natura 2000 sites, or parts thereof, are situated for which the project or the other act on which authorisation is granted may have an impact.

  • 6 In case of a decision on an application for a permit as intended Article 19d, first paragraph , also involving Member States with regard to the impact that the project or the other act may have on a Natura 2000 site located in another province or outside the Netherlands.


Article 2a

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  • 1 If application of a licence is as intended: Article 16, first paragraph , relates to an act that may have essentially implications for part of a protected natural monument located within the borders of one province, decides deputed states of the province in which that part of it is protected. The natural monument is situated on the application.

  • 2 If application of a licence is as intended: Article 19d, first paragraph , concerning a project or other act which may have a major impact on a Natura 2000 site or part of it in one of the provinces, the Member States of that province shall decide on the application. Article 2, sixth paragraph, shall apply mutatis mutandis.

  • 3 If at the time of submitting an application as referred to in Article 16, first paragraph , or Article 19d, first paragraph , reasonably or not yet to be determined in which province will be mainly the effects of an act, or a project or other act, shall be taken by the Member States of the province in which it is protected. The nature monument or the Natura 2000 site is wholly or largely situated the application for consideration and decisions that deputed states on the application.

  • 5 If application of a licence is as intended: Article 19d, first paragraph , concerning a project or other act which may have exclusive effects on a Natura 2000 site outside the Netherlands, the Member State of the province in which the project or the other act is to be taken shall decide on the project or other operation. the application shall be carried out on a national basis.

Chapter II. Nature Policy Plan

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Article 3

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For the purpose of this chapter, our Minister, together with our Minister of Infrastructure and the Environment, shall be understood to be the responsibility of the Minister for the purposes of matters of responsibility.


Article 4

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At least once every eight years, our Ministers establish a conservation policy plan, which is intended to ensure sustainable conservation, restoration and development of natural and scenic values for the short, medium and long term. direction to be taken by the decision to be taken by the state.


Article 5

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  • 1 The nature policy plan contains at least the broad lines of the policy in this field:

    • a. General nature and landscape values;

    • (b) protection of the areas and area categories identified in the plan, where special nature and landscape values are concerned;

    • c. the species of animals and plants indicated in the plan to which particular attention will be given;

    • d. Information and research in the fields of nature and landscape;

    • e. the international developments of nature policy.

  • 2 The nature policy plan shall contain an indication of:

    • the manner in which and the measures and measures to be implemented for the next eight-year period under the guidelines of the policy;

    • b. the reasonable financial and economic consequences of the policy to be implemented.


Article 6

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  • 1 In the plan, our Ministers also state the extent to which the planned policy on nature and the landscape is geared to, or to adapt, national environmental policy and national water policy and to what extent and within what period of action. intend to present the national environmental policy plan, Article 4.3 of the Environmental Management Act , and the national water plan, referred to in Article 4.1 of the Water Act To be reviewed.

  • 2 The applicable nature policy plan shall also take into account the definition of national policy in other fields of policy than in the first paragraph, in so far as the importance of sustainable conservation, restoration and development of the environment is concerned. Natural and scenic values are affected.


Article 7

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  • 1 Our Ministers, in the preparation of the nature policy plan, are involved in the most interested administrative bodies, institutions and organizations in the subjects to be addressed in the matters to be addressed. These include in any case deputed States of the provinces.


Article 8

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  • 1 The plan shall be valid for a period of eight years after it has been fixed, except where a new plan has been established during that period.

  • 2 After the expiry of the first four years of the period of validity, following an assessment of the experience gained during that period, the plan may be adjusted by our Ministers, taking into account: Article 7 .

  • 3 Our Ministers shall forward to the States-General and to the Member States of the provinces the plan as well as any decision to make adjustments to that plan.

  • 4 Our Minister makes the determination of the plan and of any adjustments to it in the Official Gazette. In doing so, he shall indicate the manner in which knowledge of the content of the plan or its adaptation can be obtained.


Article 9

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  • 1 There is a Structural Vision Nature and Landscape.

  • 2 The structure vision provides an insight into the spatial aspects of the state's policy on nature and landscape.


Article 9a

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  • 1 Once every four years, the Environment Planning Bureau brings out a scientific report to our Minister, describing the state of nature, forest and landscape, as well as the most likely and possible future of the environment. developments for a period to be given by Our Minister to be presented.

  • 2 Once every two years, the Planning Office of the Environment brings out a scientific report to our Minister, in which, in the light of developments described in previous reports, the state of policy implementation, progress in progress and progress in the field of development and development of the environment. and new developments are being described. If there is an unforeseeable circumstance which could have important consequences for the longer-term development of nature, forest and landscape, the Planning Office for the Environment, if requested by our Minister, takes up a report in the also a description of that potential development.


Article 9b

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  • 1 Our Minister, together with-as far as he is concerned-our Minister for Infrastructure and the Environment, is responsible for public institutions, who are at least involved in the planning of the Environment by the Planning Bureau. Article 9a said reports.

  • 2 Our Minister, together with-as far as he is concerned-our Minister of Infrastructure and the Environment, may lay down rules on the manner in which the public institutions designated under the first paragraph are in the drafting of the reports shall be involved.

  • 3 The Environment Planning Office and the institutions designated under the first paragraph shall, on request, provide each other with all the information and information available to them to the extent necessary for the preparation of the reports provided for in the Article 9a, first and second paragraphs , it is reasonably necessary.


Article 9c

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  • 1 Our Minister may give instructions on alleged developments, which in any case are the basis for descriptions of Article 9a, first paragraph , should be adopted, as well as on subjects which must be described in a report as referred to in that Article in any case.


Article 9d

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  • 2 Our Minister makes a report as intended Article 9a, second paragraph , also forwarded to the States-General, and at the same time as the budget.

  • 3 The Environment Planning Agency shall ensure that the reports are made publicly available.

Chapter III. Protected areas

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Title 1. Designation of areas

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Article 10

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  • 1 Our Minister, on the basis of the structure vision, is entitled to: Article 9 , by decision, designate a natural monument as a protected natural monument. The decision shall be accompanied by a map showing the protected nature monument and an explanation of the nature of the nature of the natural monument.

  • 2 If the management of a natural monument or part of it rests with one of our other Ministers, our Minister shall not take a decision as referred to in the first paragraph in accordance with that other Minister.

  • 3 If, in cases other than those referred to in the second paragraph, one of Our other Ministers has jurisdiction under any legislative rule to take decisions regarding the natural monument, it shall, prior to the adoption of a decision as provided for in the first member of the Commission for consultations with the other Minister.


Article 10a

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  • 1 Our Minister designates areas for the implementation of Directive 2009 /147/EC and Directive 92 /43/EEC .

  • 2 A decision as referred to in paragraph 1 shall contain the conservation objective of the area. The conservation objective shall in any event include:

    • (a) the conservation objectives of habitats, as required by Directive 2009 /147/EC, or

    • b. the objectives regarding the conservation of natural habitats or wild species of wild fauna and flora as required by Directive 92 /43/EEC .

  • 3 The conservation objective referred to in paragraph 2 may also cover objectives relating to the conservation, restoration and development of the natural environment or the natural scientific significance of the territory, other than in accordance with the Directives referred to in the second paragraph.

  • 4 A decision as referred to in paragraph 1 shall be accompanied by a map showing the delimitation of the area and an explanation of the extent of the area.

  • 6 A decision referred to in paragraph 1 with regard to the designation of an area wholly or partly situated in the exclusive economic zone shall not be taken more than four weeks after the draft of that Decision to both Chambers of the States-General has been submitted.


Article 11

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  • 2 View on the preparation of a decision as referred to in Article 4 (2) of the Treaty. Article 10, first paragraph , are put forward in the case of deputed states.

  • 3 Within four months of the end of the Article 3:16, 1st paragraph, of General Law governing law Member States shall forward to our Minister the views expressed, together with their considerations, with the views expressed. At the request of the Member States concerned, the Minister may, by eight weeks, extend the period referred to in the first sentence.


Article 12

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  • 1 In case of urgent necessity Our Minister may by decision make a natural monument in respect of which according to Article 11 prepare a decision as a protected natural monument already provisionally designated as such before the procedure, intended for the purposes of the Articles 11 and 13 is complete.

  • 2 A decision on provisional designation shall lapse once it has been taken into account Articles 11 and 13 a final decision on designation as a protected nature monument, but in any case a year after the draft decision has been taken in accordance with Article 11 has been made available for inspection.

  • 3 The first and second members shall apply mutatis mutandis in the areas referred to in the Article 10a, first paragraph Except that in paragraph 2, the phrase beginning with 'but at least' and ending with 'made available for inspection' is not applicable.


Article 13

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Within one year after the draft decision designates as a protected natural monument in accordance with Article 11 Our Minister shall decide on the designation as a protected natural monument, but not before he, as far as applicable, refers to the views and views of the nature of the nature of the natural monument. Article 11, third paragraph , has received, or has expired, the time limits applicable pursuant to that Article.


Article 14

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  • 1 From a decision to the provisional designation referred to in Article 12 shall be communicated to the owners and mortgage creditors.

  • 2 Our Minister makes a decision on provisional designation as intended Article 12 , well known in the State Gazette.


Article 15

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  • 1 Our Minister may, by decision, issue a designation as intended Article 10 or 10a Totally or partially withdraw or modify. The decision shall be accompanied by an explanatory statement and in the case of partial withdrawal or modification of a map indicating the part of the natural monument to which the revocation or amendment relates.

  • 2 Our Minister may, by decision, meet the objectives of conservation, restoration and development of natural beauty or natural scientific significance, in accordance with the objectives of the Article 15a, third paragraph , change.


Article 15a

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  • 2 A decision on the designation of a natural monument as a protected natural monument as intended Article 10, first paragraph , shall expire from the date on which, but only to the extent that the protected nature monument is part of a designated area as referred to in Article 10a, first paragraph .

  • 3 If, pursuant to paragraph 2, a decision on the designation of a natural monument as a protected natural monument has expired in whole or in part, the conservation objective for Article 10a, first paragraph , designated area, for the part of the area covered by the designation as a conservation monument, also related to the objectives of conservation, restoration and development of the natural beauty or the the natural scientific significance of the area as defined in the annulled decision.


Article 15b

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  • 1 Our Minister shall send a proposal for a list of areas wholly or partly situated in the exclusive economic zone, or a proposal to adjust them, as referred to in Article 4 (1) of Directive 92 /43/EEC, not earlier in the European Commission than four weeks after the draft of that proposal has been submitted to both Chambers of the States-General.

  • 2 The first paragraph shall not apply to proposals which at the time of entry into force of the Act amending the Nature Protection Act 1998 and the Flora and Faunal Act have been sent to the European Commission in connection with the extension of the scope of the two acts to the exclusive zone.


Title 2. Legal Effects

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§ 1. Legal effects protected natural monuments

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Article 16

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  • 1 It is prohibited without a licence of the Member States or, in respect of acts referred to in paragraph 6, of our Minister, in a protected nature monument to perform, carry out or tolerate acts which are liable to harm are for natural beauty, for the scientific significance of the protected nature monument or for animals or plants in the protected nature monument or in the protection of the protected nature monument, or in violation of the requirements of a permit. to carry out, carry out or carry out acts or restrictions laid down or to be carried out Dosed.

  • 2 In any case, acts which affect the essential features of the protected nature monument in the natural monument listed in the Decision designating natural monument shall be considered as harmful.

  • 3 [ Red: Expated.]

  • 4 The prohibition referred to in paragraph 1 shall also apply to acts referred to in that paragraph which may be carried out outside the protected natural monument and which are specified in the decision designating as a protected natural monument, intended in Article 10 , or a decision on provisional designation as referred to in Article 12 In the event of an indication of transactions, restrictions may be made and exceptions to the period during which, the circumstances, the purposes for which, and to the persons by whom they are to be -

  • 5 This Article shall not apply to acts carried out in accordance with a management plan as referred to in Article 17 .

  • 6 In the case of a general measure of administration, the protected nature monuments listed in that measure may be designated for which authorisation as referred to in paragraph 1 is granted by Our Minister.

  • 7 A general measure of management adopted pursuant to paragraph 6 shall not take effect earlier than eight weeks after the date of issuance of the Official Gazette in which he is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.

  • 8 This article does not apply to acts which are permitted under an environment permit applying to Chapter IX was granted.


Article 17

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  • 1 Deputed states may establish, in agreement with the owner and the user for a protected natural monument or part thereof, a management plan that preseres the preservation, restoration or development of the natural beauty or of the the natural scientific significance of the natural monument is intended.

  • 2 To the extent that the costs and charges which the owner and the user are connected with under the management plan are reasonably dependant or not fully dependant, the management plan shall pay a Member State to pay for the costs and charges which the owner and the user are not reasonably dependent on. grant.

  • 3 The Member States deputed for the plan shall be notified to our Minister and to the mayor and aldermen of the communes in which the protected nature monument or the part thereof covered by the management plan is situated.

  • 4 The owner and the user are required to ensure compliance with the management plan, each to the extent that it results from the nature of his right.


Article 17a [ Expired by 20-09-2000]

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Article 17b [ Expired by 20-09-2000]

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Article 17c [ Expired by 20-09-2000]

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Article 17d [ Expired by 20-09-2000]

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Article 18

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  • 1 The management plan referred to in Article 17 , it shall be established for a period of not more than six years.

  • 2 The management plan shall be extended automatically for a period equal to the last time period for which the management plan was adopted.

  • 3 Renewal shall not take place in cases where the Member States, the owner or the user, have given notice in writing not to request extension not later than four weeks before the end of the management plan.

  • 4 Deputised states may only give the notification if:

    • a. the owner or the user has failed to fulfil the obligations arising out of the management plan during the previous period or has not been properly fulfilled;

    • b. unaltered renewal of the management plan would lead to a management which, in their opinion, does not sufficiently guarantee the preservation, restoration or development of natural beauty or the natural scientific significance of the natural monument;

    • (c) another serious reason is not to extend the management plan.


Article 19

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  • 1 Deputed states may modify an established management plan in accordance with the owner and the user.


§ 2. Legal effects areas in the implementation of European law

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Article 19a

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  • 1 Appointed states, after consultation with owners, users and other stakeholders, for one based on the Article 10a, first paragraph , designated area or one on the basis of Article 12, third paragraph , for the time being, a management plan setting out, with the exception of the objectives referred to in Article 10a, third paragraph, the conservation measures to be taken in accordance with the conservation objective. and the manner in which. The management plan may also describe the actions and developments in the area and beyond, where appropriate under conditions and limits specified in the management plan, the achievement of the conservation objective in danger of not being compromised. (i) taking account of the conservation measures which are being taken. The management plan may also do so with respect to categories of projects or other actions of national interest in the area and beyond, designated by a general measure of management.

  • 2 A management plan as referred to in paragraph 1 shall be established for a period of not more than six years. A management plan may be extended for an equal period of time for a period of time.

  • 3 To the content of a management plan, at least:

    • a description of the intended results for the conservation or restoration of natural habitats and populations of wild fauna and flora in accordance with the conservation objective of the designated area, including in the context of the existing use in that area and, as far as relevant to the achievement of the conservation objective, outside it;

    • a summary of the measures necessary in the period covered by the plan with a view to the results referred to in the plan.

  • 4 The necessary measures, referred to in paragraph 3 (b), shall take into account economic, social and cultural requirements and regional and local details.

  • 6 Management plans shall not be established after consultation with the boards of municipalities and communities in the territory of which those management plans relate.

  • 7 A management plan referred to in paragraph 1 shall be made no later than three years after the day of the day of application of the management plan. Article 10a, first paragraph , adopted for the first time.

  • 8 If an area has been designated provisionally on the basis of Article 12, third paragraph By way of derogation from the seventh paragraph, a management plan referred to in paragraph 1 shall be fixed for the first time no later than three years after the date of the provisional designation decision.

  • 9 Signatory states may include in the management plan descriptions referred to in paragraph 1 which relate to the objectives referred to in the management plan. Article 10a, third paragraph .

  • 10 To the extent that projects are included in a management plan which are not directly related to or necessary for the management of a Natura 2000 site but which can have a significant impact on their individual or in combination with other plans or projects in the area concerned, the management plan shall first be established after the Member States have made an appropriate assessment of the impact on the site, taking into account the conservation objective of that area. territory, and is fulfilled by the conditions, mentioned in the Articles 19g and 19h .


Article 19b

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  • 1 By way of derogation from the provisions of Article 19a A management plan as referred to in that Article shall be used for a based on Article 10a, first paragraph , designated area or area provisionally designated as intended Article 12, third paragraph , all or part of which is managed by, or controlled by, our Minister, or one of our other Ministers, for the whole of the section determined by Our Minister or by Our other Minister in the agree with our Minister, and to the extent necessary after consultation with concerned owners, users and other stakeholders.

  • A management plan referred to in paragraph 1 may, where appropriate, be part of a plan for the management of an area referred to in paragraph 1 which has or may not be determined by any other legal requirement.

  • 3 Management plans shall not be established after consultation with the boards of provinces, municipalities and communities within the territory of which those management plans relate.


Article 19c

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  • 1 The competent authority shall ensure that appropriate measures are taken to prevent existing uses from deteriorating the quality of natural habitats and the habitats of species in a Natura 2000 site and to the existence of existing uses where the conservation objectives may have a significant effect on the species for which the area is designated.

  • 2 In pursuation of paragraph 1, the competent authority may be the person exercising existing use which may cause deterioration of the quality of natural habitats and the habitats of species in a Natura 2000 site or which may cause disturbing factors to be affected by such use. where the conservation objectives may have a significant impact on the species in respect of which the area is designated:

    • require, within a period to be set by the competent authority, to provide information on the use;

    • Require that, within a period to be set by the competent authority, and subject to instructions to be given by the competent authority, the necessary preventive or remedial action is taken; or

    • Require that use within a time limit to be set by the competent authority is to cease or limit it.

  • 3 The competent authority shall give interested parties the opportunity to express their views on an intention to impose an obligation as referred to in the second paragraph, unless the deterioration or distortion is the imposition of an obligation. It must make it necessary.

  • 4 It shall be prohibited to act contrary to any obligation as referred to in paragraph 2.

  • 5 The term 'competent authority' referred to in paragraphs 2 and 3 shall be understood as follows:

    • a. Our Minister, if:

      • 1 °. for the relevant Natura 2000 site, no irrevocable management plan as referred to in the Articles 19a or 19b has been established; or

      • 2 °. use one under Article 19d, fifth paragraph , designated project or other act, whether the use takes place or has an impact on the categories of areas designated under that paragraph;

    • b. Member States, in cases other than those referred to in subparagraph (a).

  • 6 The first to and including the fifth paragraph shall not apply to existing use which, in accordance with a management plan, as intended in the Articles 19a or 19b shall be exercised.


Article 19d

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  • 1 It is prohibited without a permit, or contrary to any regulations or restrictions attached to that licence, of the Member States or, with regard to projects or other acts referred to in the Fifth paragraph, of Our Minister, projects or to carry out other acts which, having regard to the conservation objective, other than the objectives, to be carried out in accordance with Article 10a, third paragraph , the quality of natural habitats and the habitats of species in a Natura 2000 site may deteriorate or have a significant distorting effect on the species for which the site has been designated. Such projects or other actions shall in any event be projects or operations which may affect the natural characteristics of the region concerned.

  • 2 The prohibition referred to in paragraph 1 shall not apply to the realisation of projects or the carrying out of other acts, including existing use, as well as their amendments, in accordance with a management plan as referred to in the Articles 19a or 19b .

  • 3 The prohibition referred to in paragraph 1 shall not apply to existing use, except where such use is a project not directly related to, or necessary to, the management of a Natura 2000 site but that it is not directly linked to it or is not directly linked to the management of a Natura 2000 site. Combination with other projects or plans may have a significant impact on the Natura 2000 site concerned.

  • 4 The prohibition, referred to in paragraph 1, does not apply to the realization of projects or the carrying out of other acts permitted under an environment permit applying to Chapter IX was granted.

  • 5 In the case of a general measure of management, projects or other actions or categories of territories for which a licence as referred to in paragraph 1 is granted by Our Minister may be designated.

  • 6 The nomination for a general measure of directors to be adopted under the fifth paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 19da

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  • 1 In the case of a general measure of administration, provision may be made for the prohibition, Article 19d, first paragraph , does not apply to certain categories of projects or other acts.

  • 2 In the case of a general measure of administration, it may be stipulated that our Minister may impose restrictions or obligations relating to projects and other actions belonging to a category as referred to in the first paragraph.

  • 3 A general measure of management established under the first or second paragraph shall not be in effect sooner than six weeks after the date of issuance of the Official Gazette in which he is placed. Notice of entry shall be communicated without delay to the two Chambers of the States-General.


Article 19db

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  • 2 The Governing Body responsible for the issue of licences as referred to in Article 4 (2) of the Article 19d, first paragraph , for projects or other operations in a development area, prior to the adoption of a related zoning plan, prior consent may be given to the conditions, rules and restrictions set out in paragraph 1.

  • 3 A licence as referred to in Article 19d, first paragraph , it shall be granted where:

    • a. the project or the other act meets the conditions, included in a plan as referred to in the first paragraph; and

    • b. the assessments referred to in paragraph 1 shall be up to date at the time of authorisation; and

    • (c) the governing body empowered to grant the authorization, or prior to the adoption of the plan referred to in paragraph 1, has agreed to the conditions, rules and restrictions laid down in paragraph 1.

  • 4 In the case of a licence as referred to in paragraph 3, the rules laid down in the destination plan shall be subject to the rules laid down in the first paragraph of this paragraph. It shall be subject to restrictions set out in the zoning plan under the first paragraph.


Article 19th

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States deputed when granting a licence as referred to in Article 4 (2) of the EC Treaty Article 19d, first paragraph , Account

  • a. having regard to the effects of a project or other act to which the application for authorisation relates, having regard to the conservation objective, other than the objectives set out in Article 10a, third paragraph , may have for a Natura 2000 area;

  • b. With a based on Article 19a or Article 19b established management plan; and

  • c. economic, social and cultural requirements as well as regional and local particularities.


Article 19f

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  • 1 For projects on which Member States decide on an application for authorisation as referred to in Article 4 (2) (a) of Article 19d, first paragraph , take, and which are not directly related to, or necessary for the management of a Natura 2000 site but which may have significant effects on the area in question or in combination with other projects or plans, makes the Prior to the adoption of a decision by the Member States, an appropriate assessment of the impact on the area taking into account the conservation objective, excluding the objectives, is intended to be taken into account. Article 10a, third paragraph -From that area.

  • 2 The appropriate assessment of a decision on an application for a permit as referred to in Article 19d, first paragraph , may be part of an environmental impact assessment required for that project.

  • 3 The obligation to make an appropriate assessment in the preparation of a decision as referred to in paragraph 1 shall not apply in cases where the person carrying out a project to which that decision relates has a project to the effect that the whether or not an appropriate assessment has been previously made, reiterating or continuing with an appropriate assessment, in so far as the appropriate assessment cannot reasonably produce new data and insights on the significant impact of that project.


Article 19g

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  • 1 If an appropriate assessment is required on the basis of Article 19f, first paragraph , a permit may be granted in accordance with Article 19d, first paragraph , only granted where the Member States have ensured, on the basis of the appropriate assessment, that the natural characteristics of the territory will not be affected.

  • 2 By way of derogation from paragraph 1, in the absence of alternative solutions for a project, the Member States may authorise Natura 2000 sites where no priority type of natural habitat or priority species exists. as intended in Article 19d, first paragraph , for the realisation of the project in question, only for imperative reasons of overriding public interest, including reasons of a social or economic nature, shall be granted.

  • 3 As regards Natura 2000 sites where a priority natural habitat type or species occurs, Member States may, in the absence of alternative solutions to a project or other act, derogate from the First paragraph, a permit as referred to in Article 19d, first paragraph , for the realisation of the project concerned, grant only:

    • a. any arguments related to human health, public safety or to the environment substantially beneficial effects or

    • b. after receiving the opinion of the Commission of the European Communities for other imperative reasons of overriding public interest.

  • 4 An opinion referred to in paragraph 3 (b) shall be sought by Our Minister.


Article 19h

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  • 1 If a permit as referred to in Article 19d, first paragraph , for imperative reasons of overriding public interest, it is granted for projects, which do not have certain certainty that those projects do not affect the natural characteristics of the Natura 2000 site, connect the Member States to the (i) that authorization must, in any event, comply with the obligation to take compensatory measures.

  • 2 The proposer shall be given the opportunity to propose compensatory measures in good time by the Member States concerned.

  • 3 In any case, the proposals for compensatory measures, referred to in paragraph 2, shall indicate how and in what time the compensatory measures will be taken.

  • 4 In so far as compensatory measures are laid down in order to meet the objectives set out in Article 10a, second paragraph, part a or part b , it is appropriate to achieve the result of these measures at the time when significant effects as referred to in Article 19f, first paragraph , to occur, unless it can be demonstrated that such concurrency is not necessary to safeguard the contribution of the relevant area to Natura 2000.

  • 5 By ministerial arrangement, our Minister may, in agreement with Our other Ministers, make further demands on compensatory measures.


Article 19i

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In cases where our Minister has jurisdiction to decide on an application for a licence as intended Article 19d, first paragraph , are the Articles 19th , 19f , 19g and 19h applicable mutatis mutandis.


Article 19ia

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  • 1 Where the conservation objective for a Natura 2000 site includes objectives as referred to in Article 4 (2) of the EC Treaty. Article 10a, third paragraph , is Article 16, first to sixth paragraph , mutatis mutandis, for operations which may be harmful to the natural beauty of the natural scientific significance of the Natura 2000 site, other than those required by the Directives referred to in Article 10a, second paragraph, or animals and plants in that area, or who desify the area, except that:

    • a. in the fourth paragraph instead of " the decision to designate as a protected natural monument, intended in Article 10 ' is replaced by the following: the decision on designation in question Article 10a ;

    • b. in the fifth paragraph instead of " a management plan as referred to in Article 17 ' shall be read: the descriptions in the relevant management plan referred to in Article 19a, ninth paragraph ;

    • c. the acts designated under the sixth paragraph are the Article 19d, fourth paragraph , being designated acts.

  • 4 Article 65 shall not apply mutatis mutandis to acts referred to in the first paragraph.


Article 19j

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  • 1 A governing body shall, when adopting a decision to adopt a plan which, having regard to the conservation objective, except for the objectives referred to in Article 2 (2), Article 10a, third paragraph , for a Natura 2000 site, the quality of natural habitats and the habitats of species in that area may deteriorate or have a significant distorting effect on the species for which the site has been designated, regardless of the limitations imposed on the site. on the basis of the law on which it is based, account being taken of

    • a. with the consequences that the plan may have for the area; and

    • b. using it on the basis of Article 19a or Article 19b management plan established for that area, in so far as it relates to the conservation objective, excluding the objectives set out in Article 10a, third paragraph .

  • 2 For plans as referred to in the first paragraph, which are not directly related to or necessary for the management of a Natura 2000 site but which may have significant effects on the site, either separately or in combination with other plans or projects, The Governing Body shall, before adopting the plan, make an appropriate assessment of the impact on the area taking into account the conservation objective, with the exception of the objectives, in Article 10a, third paragraph -From that area.

  • 3 In the cases referred to in paragraph 2, the decision, referred to in paragraph 1, shall be taken only if the conditions laid down in the second paragraph are satisfied. Articles 19g and 19h .

  • 4 The appropriate assessment of these plans forms part of the environmental impact assessment as provided for under those plans.

  • 5 The obligation to make an appropriate assessment in the preparation of a plan as referred to in paragraph 2 shall not apply in cases where the plan is a repetition or continuation of a plan or project in respect of which it has previously been an appropriate assessment has been made, to the extent that the appropriate assessment cannot reasonably produce any new data and insights on the significant impact of that plan.


Article 19k

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  • 2 A governing body which establishes a plan as referred to in Article 19j, second paragraph , that with application of Article 19g has been sent a copy of the decision to make the plan to our Minister and inform our Minister of the compensatory measures taken, which is to be taken into account Article 19h .

  • 3 Our Minister shall inform the Commission of the European Communities of the compensatory measures taken in respect of the first and second paragraphs.


Article 19ka

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  • 1 If for the realization or execution of a project or other act besides the permit, intended Article 19d, first paragraph , other decisions are required, shall promote the administrative body in which the proposer has applied for that project or that act to be notified of those other acts, of which the governing body may reasonably assume that they are necessary.

  • 2 The proposer may make a written request for coordination of decision-making by one of the governing bodies concerned.

  • 3 Coordination of decisions may also be decided on an ex officio basis by mutual agreement of the administrative bodies concerned. The proposer shall be informed accordingly.

  • 4 If a request as referred to in paragraph 2 has been lodged or if coordination has been decided on an ex officio basis, the governing bodies concerned shall designate a coordinating body from among their members. If, after a request as referred to in the second paragraph has been made, no coordinating management body is designated, the governing body which may be qualified as the higher authority shall be considered as such.

  • 5 The governing body of coordination shall promote efficient and coherent decision-making. The other governing bodies concerned shall provide all the cooperation necessary for the success of an efficient and coherent decision-making process.


Article 19kb

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  • 2 The rules referred to in paragraph 1 may cover, inter alia, calculation models, research methods or methods of measurement that may be used to determine effects or consequences referred to in paragraph 1.


Article 19kc

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  • 1 By ministerial arrangement, those who carry out certain transactions with due regard to the conservation objective may, having regard to the Natura 2000 site or part thereof designated by that scheme, have carried out, or they are intended to report that act.

  • 2 In the ministerial arrangement referred to in paragraph 1, the governing body shall be governed by the reporting body and shall be subject to further detailed rules on inter alia:

    • (a) the period within which the notification is made;

    • b. The information supplied with the notification;

    • c. the manner in which the data is provided.

  • 3 The first paragraph shall not apply to acts in which Article 19d, first or second paragraph , applicable, and acts in the exclusive economic zone and acts relating to roads, fairways, railways, water conversions, ports, airports and air transport, including their use.

  • 4 It is prohibited to act in violation of an obligation if it is referred to in the first paragraph.


§ 2a. Programmatic approach nitrogen

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Article 19kd [ Expat per 01-07-2015]

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Article 19ke [ Expat per 01-07-2015]

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Article 19kf [ Expat per 01-07-2015]

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Article 19kg

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  • 1 Our Minister and our Minister of Infrastructure and the Environment adopt a programme for the Natura 2000 sites included to reduce the nitrogen deposition in those areas and to achieve the conservation objectives. for the habitats sensitive to nitrogen in those areas within the foreseeable future.

  • 2 The programme aims to achieve an ambitious and realistic reduction in the nitrogen deposition from sources present in the Netherlands.

  • 3 The programme shall be established in accordance with the administrative bodies referred to in the management plan for the Natura 2000 sites included in the programme. Article 19a or 19b , to establish and to determine the following Article 2 (4) , some of the governing bodies involved.

  • 4 After the adoption of the programme, our Minister and Our Minister of Infrastructure and the Environment may include a Natura 2000 site in accordance with the management bodies set up for that area under the management plan. Article 19a or 19b , to establish and to determine the following Article 2 (4) , some of the governing bodies involved.

  • 5 The programme shall be fixed at least once every six years and shall be valid for a period of six years.


Article 19kh

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  • 1 In a programme as referred to in Article 19kg for the Natura 2000 sites concerned, in each case, it shall be described or mentioned:

    • a. The extent of the nitrogen deposition at the beginning of the period of the programme, as distinct from:

      • 1 °. deposition, caused by factors in the areas;

      • 2 °. deposition, caused by factors outside the areas;

    • b. The expected autonomous developments in respect of nitrogen emissions due to the factors referred to in subparagraph (a) and their effects on the magnitude of nitrogen deposition in the regions;

    • c. measures taken or to be taken that contribute to a reduction in nitrogen deposition, or otherwise contribute to achieving a good conservation status of the for nitrogen-prone habitats, and the expected the effects of those measures on the size of the deposition, on the basis of the attainment of a good conservation status in the regions;

    • d. the socio-economic evaluation and weighing of feasibility and affordability of measures as referred to in points c and g;

    • (e) the objectives of the magnitude of the nitrogen deposition, whether or not with intermediate objectives, or the indicators from which it may be deduced whether an objective or not attained necessary for the attainment of the nitrogen deposition a favourable conservation status;

    • f. the manner and frequency of reporting on the progress and execution of the measures described and identified in the programme and identified in the programme and its effects on the deposition;

    • g. the measures taken or to be taken to achieve the conservation objectives of the Nitrogen-sensitive habitats in the Natura 2000 sites included in the programme;

    • h. the results of an assessment for each Natura 2000 site included in the programme, to what extent the measures, referred to in parts c and g, taking into account the expected general development of the nitrogen deposition, in the programme, The total of the nitrogen depositions, referred to in the seventh and ninth paragraphs, and the development space:

      • 1 °. contribute to the achievement of the conservation objectives for the nitrogen-sensitive habitats in the area;

      • 2 °. prevent deterioration of the quality of natural habitats and the habitats of species in the area;

      • 3 °. prevent any disturbance to the species for which the area has been designated, in so far as such factors may have a significant effect, having regard to the conservation objectives of the region; and

      • 4. do not jeopardise the attainment of the conservation objectives of the area which do not concern nitrogen-susceptible habitats.

  • 2 In the programme, distinction can be made between the deposition of ammonia and other nitrogen compounds.

  • 3 To the measures referred to in paragraph 1 (c) and (g), in each case:

    • (a) measures taken by the governing bodies of the State;

    • (b) measures provided for in binding decisions of the Council of the European Union, of the European Parliament and of the Council, jointly or with the Commission of the European Communities;

    • c. Area-oriented or impact-oriented measures of governance bodies of the Empire, provinces, municipalities, or waterboards.

  • 4 The programme shall set out the principles for the definition of the development area and for the allocation and reservation of development space. The programme shall state the development space available at the time of adoption of the programme.

  • 5 By ministerial arrangement, according to the principles set out in the programme under paragraph 4, the development area for the Natura 2000 sites included in the programme may be determined. the space and development area shall be allocated and reserved.

  • 6 The programme may describe or name projects, the security of which has been secured by an appropriate assessment, including in the light of the development area resulting from the measures provided for in the first member, parts c and g, and the autonomous developments referred to in paragraph 1 (b), the natural features of Natura 2000 sites will not be affected. The prohibition, intended to Article 19d, first paragraph , does not apply to projects as referred to in the first sentence.

  • 7 The prohibition, intended to Article 19d, first paragraph , with respect to a Natura 2000 site, does not apply to any project or other act that meets any of the following conditions:

    • a. the project or action:

      • 1 °. causes a nitrogen deposition for nitrogen susceptible habitats in the Natura 2000 site which individually and, in the case of the project or action, is intended to be used in an establishment as intended Article 1.1, third paragraph, of the Environmental Management Act , in cumulation with other projects or transactions relating to the same establishment in the period covered by the programme, not exceeding a value established by general measure of administration, or

      • 2. is a category of projects or operations designated by a general measure of administration and is carried out as a result of a higher distance from the Natura 2000 site than that of the relevant category of projects. projects or actions of that measure have been adopted;

    • (b) the project or act cannot cause any effects on the Natura 2000 site concerned beyond the position of nitrogen deposition which, having regard to the conservation objectives, the quality of natural habitats and the habitats of species in a Natura 2000 site may deteriorate or have a significant distorting effect on the species for which the site has been designated.

  • 8 The value of the distance referred to in paragraph 7 (a) may be determined differently for the different Natura 2000 sites. The value of the distance shall be determined in such a way as to:

    • 1 °. is not affected by the intent of the Article 19kg, second paragraph , and

    • 2. in advance on the basis of objective information, it may be excluded that projects or other operations referred to in the seventh paragraph or in combination with other plans or projects are the natural characteristics of a Natura 2000 site; shall impair.

  • 9 When making a decision as referred to in Article 19km, first paragraph , does the competent authority do not include the position of nitrogen deposition resulting from the project or the other act on habitats susceptible to nitrogen in a Natura 2000 site, if the nitrogen deposition does not include the value referred to in paragraph (a) of the seventh paragraph does not exceed, where the project or action is carried out, the distance of the goods exceeds the distance specified in paragraph 7 (a) of the seventh paragraph.

  • 10 The nomination for a general measure of governance to be adopted pursuant to paragraph 7 (a) shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 19kha

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In the programme, in order to implement article 19kh, first paragraph, part f , in each case described that three years after the program is established, Our Minister and Our Minister of Infrastructure and the Environment, after consultation with the governing bodies, meant in Article 19kg, third paragraph , to make the development space insightful that:

  • a. The second half of the programme will be available;

  • (b) is expected to be available in the next programme, in particular during the first half of the period of that programme.


Article 19ki

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  • 1 Our Minister and Our Minister of Infrastructure and the Environment may introduce in the programme measures as referred to in article 19kh, first paragraph, part c or g , to change or to replace by other measures, or to add measures. They lay down, for the Natura 2000 sites covered by the measures, the impact on the development area and the assessment referred to in Article 19kh (1) of this Regulation. In the event of changes, replacement, or addition of measures leading to less development space in relation to a Natura 2000 site, this shall be done in accordance with the administrative bodies which the management plan is intended to implement. Article 19a or 19b -To establish for that area.

  • 2 The Minister of Defense or governing bodies of provinces, municipalities or water agencies may include in the programme measures as referred to in article 19kh, first paragraph, part c or g , for the execution of which they are concerned, amended or replaced by other measures, if the management bodies covered by the management plan for the area in question are intended to be implemented. Article 19a or 19b , adopt, agree, and this does not lead to less development space in relation to any Natura 2000 site.


Article 19kj

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The governing bodies to be responsible for ensuring timely implementation of the measures provided for in the programme shall be implemented in a timely way. Article 19kh, first paragraph, parts c and g .


Article 19kk

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Detailed rules on the application of parts of the programme may be laid down in the case of Ministerial Regulations. Article 19kg , which relate to, or be relevant to, a Natura 2000 site listed in Article 19kg (1) of the programme, in the relevant management plan.


Article 19kl

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  • 1 Our Minister and Our Minister of Infrastructure and the Environment propose no more than four months after the entry into force of the Crisis and Recovery Act A provisional programme for the reduction of nitrogen deposition.

  • 2 In the provisional programme referred to in paragraph 1, the measures and securities referred to in paragraph 1 shall in each case be referred to: article 19kh, first paragraph, part c , in conjunction with paragraph 3 (a).


Article 19km

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  • 2 When making a decision as referred to in paragraph 1, the competent authority shall take up the reservations, which shall be Article 19kn, first paragraph -It's done. In so doing, the competent authority shall ensure that sufficient space for development remains available in the first half of the period of the programme, subject to the conditions laid down in Article 19kn, and to the fourth paragraph of Article 19kn, to be allocated to decisions for which development space is reserved under Article 19k (1).

  • 3 For a project or other act which relates to a device as intended in Article 1.1, third paragraph, of the Environmental Management Act and nitrogen deposition caused by a Natura 2000 site included in the programme shall be authorised as specified in Article 19d, first paragraph , not granted on the grounds that a decrease in nitrogen deposition occurs immediately in connection with this project or this other act as a result of the termination or limitation of one or more of certain other acts outside those establishment.

  • 4 The third paragraph shall not apply to a decision on an application for authorisation as referred to in Article 4 (1) of the EC Treaty. Article 19d, first paragraph , which has been submitted before the date of entry into force of the third paragraph.

  • 5 The governing body empowered to take a decision as referred to in paragraph 1 in which the development has been distributed in a developing country may revoke or amend this Decision if the project or the other act to which this Decision relates, after the decision has become irretrievable, has not been realised, has been carried out on the basis of the final decision.


Article 19kn

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  • 1 By ministerial arrangement, for the purposes of implementing the programme, the Natura 2000 areas indicated during the period of the programme may be reserved for their allocation in decisions as referred to in Article 4 (2) of the EC Treaty. Article 19km, first paragraph , which relate to projects or other operations referred to or described separately or by category, and may specify a preference order for the allocation.

  • 2 A reservation expires insofar as it has authority to take a decision for which the development room is reserved, to our Minister has stated that it is the reservation or part of it during the period of the programme will not share. After the end of the first half of the period of the programme, the competent family, referred to in the first sentence, shall check whether there are any reservations as to which the first sentence is applied.

  • 3 Our Minister and Our Minister of Infrastructure and the Environment are in agreement with the administrative bodies responsible for setting up the management plans for the Natura 2000 sites included in the programme, which will be part of the development area in the First half, and which part shall be allocated and reserved during the second half of the period of the programme. This allocation is such that a balanced allocation and reservation of the development area during the period of the programme is ensured.

  • 4 In the case of ministerial arrangements, detailed rules may be laid down for the application of the third paragraph.

  • 5 If projects or other acts referred to in paragraph 1 may be referred to or described projects or other actions that meet each of the following conditions:

    • a. the project or the other act is demonstrably of national or provincial social interest;

    • b. It is plausible that for the project or the other act during the period, intended Article 19kg, fifth paragraph , development area is divided into a decision as referred to in Article 19km, first paragraph .

  • 6 The extent of the development space reserved for projects and other acts referred to in paragraph 1 shall be such that there is no undue infringement of the extent of the development space remaining for allocation to the other projects or operations other than those referred to in the first paragraph.


Article 19ko

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  • 1 A governing body that shares development space in a decision as referred to in Article 19km, first paragraph, part a, b, c, e, f or g , ensure timely care for an accurate and complete registration of the depreciation of the dedicated development space of the development space available for projects and other acts that cause nitrogen deposition in the Natura site. 2000-areas covered by the decision. Where development space is allocated to a decision as referred to in Article 19km, first paragraph, the administrative body referred to in Article 47b, first paragraph, shall ensure the accurate and complete registration of the depreciation of the shared development space.

  • 2 The governing body referred to in paragraph 1 shall also provide timely and timely care for accurate and complete registration of the definition of development space after the revocation or expiry of a decision as referred to in Article 4 (2) of the EC Treaty. Article 19km, first paragraph , is available for projects and other acts that cause nitrogen deposition in the Natura 2000 sites covered by the decision.

  • 3 The first paragraph shall apply mutatis mutandis to a reservation of development space on the basis of Article 19kn, first paragraph , except that our Minister is responsible for the registration of a reservation.

  • 4 If in a decision as referred to in Article 19km, first paragraph , development space allocated by virtue of Article 19kn, first paragraph , the reservation shall expire and the governing body responsible for registration, referred to in paragraph 1, shall also ensure registration of the expiry of the reservation.

  • 5 By Ministerial Regulations, rules are laid down regarding the registration of depreciation, apritions, or reservations of development space as well as for the expiration of reservations of development space.


Article 19koa

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  • 1 By ministerial arrangement, to those who realize projects or do other acts on which Article 19kh, seventh or ninth member , apply, an obligation to report the project or the other act to the governing body to be designated by that scheme, if the project or the other act belongs to an instrument designated under that scheme. category of projects, other types of operations.

  • 2 Under ministerial arrangements, rules may be laid down on how a notification referred to in paragraph 1 is to be made and the information to be transmitted to the notification.


Article 19kp

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  • 1 The competent authority shall ensure that appropriate measures are taken to prevent deterioration of the quality of the habitats sensitive to nitrogen in a Natura 2000 site, and to include the in the management plan for the Natura 2000 site concerned. 2000-area of results described in the following species: Article 19a, third paragraph, part a That is to be achieved.

  • 2 In implementation of the first paragraph, the competent authority may impose on the person whose action is the position of nitrogen deposition for nitrogen susceptible habitats in a Natura 2000 site, within a time limit to be set by the competent authority:

    • (a) to take the necessary preventive or remedial measures, taking into account instructions given by the competent authority;

    • (b) cease or restrict the act; or

    • c. To provide information on the operation.

  • 3 An obligation referred to in paragraph 2 may be prescribed for:

    • -individual cases by decision, or

    • -categories of cases in the case of general binding provision, in so far as the obligation relates to establishments intended for the purpose of Article 1.1, third paragraph, of the Environmental Management Act , or driving it, and it does not relate to acts for which our Minister is empowered to do so.

  • 4 The competent authority shall give interested parties the opportunity to express their views on an intention to impose an obligation as referred to in the second paragraph, unless the deterioration in the imposition of an obligation has been addressed to the interested parties. necessary.

  • 5 It shall be prohibited to act in contraa with an obligation as referred to in paragraph 2.

  • 6 The term 'competent authority' referred to in paragraph 1 shall be understood as:

    • a. Our Minister, if the act is a Article 19d, fifth paragraph , designated project or other act, whether the act takes place or has an impact on categories of areas designated under that fifth paragraph;

    • b. In cases other than those referred to in subparagraph (a):

      • -Member States in cases where the requirement for one or more individual cases is required;

      • -provincial States, where the requirement for categories of cases is prescribed. The Article 2, fifth and sixth paragraphs , and 2a, second and third members , shall apply mutatis mutandis, except that for 'Member States' shall be read: provincial States.


Article 19kq

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  • 3 A ministerial arrangement as referred to in Article 19kn, 1st Member , it shall be determined in accordance with the management bodies referred to in the management plan, Article 19a or 19b , establish for the Natura 2000 sites included in the programme, where the nitrogen deposition causing the projects referred to in Article 19kn, first paragraph, or other operations takes place mainly.


Article 19kr

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  • 1 For the purposes of this Article and the provisions based thereon, the following definitions shall apply:

    • a. reference date:

      • 1 °. for areas in implementation of Directive 92 /43/EEC:

        • -7 December 2004, or

        • -the date on which the area concerned was declared by the European Commission to an area of Community importance for the implementation of Article 4 (2) of Directive 92 /43/EEC, in so far as that declaration is made after 7 December 2004;

      • 2 °. for areas in implementation of Directive 2009 /147/EC: 10 June 1994, or the date on which the area concerned was designated to implement Directive 2009 /147/EC, in so far as that designation takes place after 10 June 1994.

    • b. For nitrogen susceptible habitats in a Natura 2000 site: For nitrogen susceptible natural habitats and species habitats in a Natura 2000 site which is subject to an obligation under Article 6 (2) of Directive 92 /43/EEC to take conservation measures.

  • 2 This Article shall apply only to projects and other operations:

    • a. Causing nitrogen deposition for nitrogen susceptible habitats in a Natura 2000 site which is not included in the programme; or

    • b. in respect of which the governing body empowered to take a decision in respect of that project or that other act was named in the Article 19km, first paragraph , in agreement with the governing body, that for the Natura 2000 sites where the project or the other act causes nitrogen deposition, the management plan, intended to be carried out in accordance with the Article 19a or 19b , determines and the following Article 2 (4) The decision has been taken by the governing bodies involved, and the third paragraph of Article 19km shall not apply.

  • 3 Among significant consequences as referred to in Article 19f, first paragraph , are not understood as the effects of a project by the cause of nitrogen deposition on nitrogen susceptible habitats in a Natura 2000 site, when the project is an activity that started after the reference date, or an activity that has been the reference date has been modified to a significant extent, ensuring that, in relation to measures taken for that activity, the nitrogen deposition is on the nitrogen susceptible habitats in a Natura 2000 site as a result of that activity. or that use per balance has not increased or will increase.

  • 4 Appointed states may reduce the position of nitrogen deposition in the Natura 2000 site, in any case to grant an authorisation as referred to in Article 4 (2). Article 19d, first paragraph , the condition links that the nitrogen deposition on the nitrogen-sensitive habitats in a Natura 2000 site caused by the project or the other act covered by the application of the permit does not exceed the limits of the recorded by deputed States and made available for that project or that other act of nitrogen deposition on those habitats as a result of the termination of one or more other projects or other operations.

  • 5 The Member States which have been deputed for, and the Member States of the Member States of the Member States, may apply Article 19kp, second paragraph , in any event, to require that the nitrogen deposition rate on the nitrogen susceptible habitats in the Natura 2000 site whole or for a given part does not exceed those registered by the Member States and for the project or the project. other act made available decrease in nitrogen deposition on these habitats as a result of the termination of one or more specified other projects or other operations.

  • 6 With regard to the determination of the position of nitrogen deposition caused by projects, other acts and measures as referred to in the second or third member, rules may be laid down under ministerial rules. It may, inter alia, provide for the use of data submitted or transferred to a competent authority in the case of, or under other laws.

  • 7 The management bodies responsible for management plans as intended Article 19a or 19b establish for Natura 2000 sites where projects or other actions cause nitrogen deposition on nitrogen susceptible habitats, have a current overview of the effects of these projects and other operations for the nitrogen deposition, and report on this. The description in the program of how and the frequency with which reporting occurs as intended in article 19kh, first paragraph, part f , shall apply mutatis mutandis. The effects are to be taken on the application of Article 19kh, paragraph 1 (b).

  • 8 A decision as referred to in paragraph 2 (b) may be taken only if the seventh member of the development area remains available after the application of the seventh paragraph.


§ 3. Other legal effects

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Article 19l

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  • 1 Any person shall take adequate care in respect of the maintenance of an area designated on the basis of Article 10 or a Natura 2000 site as referred to in Article 12 .

  • 2 The care referred to in paragraph 1 shall, in any event, imply that any person who knows or may reasonably suspect that his actions or omissions may, having regard to the conservation objective, be, as far as it is concerned, a Natura 2000 site, or, having regard to the conservation objective, the essential characteristics of an area designated on the basis of Article 10, first paragraph If the effects on the territory referred to in paragraph 1 may be caused, it is compulsory to omit such action or, if it is not reasonably required to do so, to take all the measures necessary to ensure that such action is not taken. they may reasonably be required to avoid such effects or, to the extent that they cannot be prevented, to reduce or eliminate them as much as possible.


Article 20

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  • 1 Deputed States can access a protected natural monument as intended. Article 10, first paragraph , a Natura 2000 site or parts of such areas, to the extent necessary for the protection of natural values, shall be limited.

  • 2 If an area referred to in paragraph 1 is managed in whole or in part by or under the responsibility of Our Minister, or one of our other Ministers, the power referred to in paragraph 1 shall be exercised by our Minister in Agreement with our other Minister.

  • 3 It is prohibited in violation of the restrictions imposed under the first and second paragraphs to be located in a protected natural monument as intended. Article 10, first paragraph , a Natura 2000 site or parts of it.

  • 4 The ban in the third paragraph does not apply to the owner and the user of a protected natural monument as intended in Article 10, first paragraph or a Natura 2000 site, where intended use is covered by it.


Article 21

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  • 1 If, due to the absence of measures, the natural or natural scientific significance of the protected nature monument is to a large extent reduced or threatens to diminish, due to the Member States in the protected natural monument measures are affected that are necessary to restore or preserve the natural beauty or the natural scientific significance.

  • 2 The owner and the user are obliged to extinguished the taking of the measures.

  • (3) The Member States deputed shall not take the measures unless they have notified the owner and the user of their intention to do so in writing and, subject to the need to ensure that they have been notified without delay, at least four weeks have elapsed.

  • 4 The first, second and third members shall apply mutatis mutandis to a Natura 2000 site, subject to the need to take the necessary measures if, having regard to the conservation objective, the quality of the natural habitats and the habitats of species in the designated area deteriorate or if disruptive factors have a significant effect on the species for which the site has been designated, or if the management plan, referred to in Item19a It provides for the measures to be taken with a view to achieving the conservation objective of the area concerned. In the case the area is managed by or under the responsibility of Our Minister or one of our other Ministers, such measures are taken by our Minister at the same time Our other Minister in accordance with Our Minister. Minister.


Article 22

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  • 1 After Consultation with the owners and the users, in a protected natural monument due to those of the Member States, the necessary registration for the designation as a protected natural monument and the legal effects of the designation may be indicated Make.

  • 2 The owner and user are obliged to tolerate the registration of the registration.

  • 3 The first and second members shall apply mutatis mutandis to a Natura 2000 site.


§ 4. Fishing

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Article 22a

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The paragraphs 2 and 3 shall not apply to activities covered by the common fisheries policy referred to in Article 38 of the Treaty on the Functioning of the European Union, in so far as they are carried out in the exclusive economic zone.

Chapter IV. Protected landscape faces

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Article 23

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  • 1 Deputed states may, by decision, designate a landscape face as a protected landscape face.

  • 2 If the area in question has already been designated as a protected natural monument, the Member States shall take that indication into account in their decision.

  • 3 Signatory states may, by decision, amend or revoke a designation as a protected landscape face, in whole or in part.

  • 4 In a decision as referred to in paragraph 3, the second paragraph shall be the second of the following: Articles 24 to 26 applicable mutatis mutandis.


Article 24

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  • 1 The decision referred to in Article 23 In any event, it shall contain:

    • a. A description of the characteristics of the landscape in so far as these characteristics are observable at the latest;

    • b. An indication of acts which may affect the characteristics referred to in paragraph (a).

  • 2 The decision shall be accompanied by a map indicating the delimitation of the area designated as protected landface.


Article 25

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  • 1 Before entering into a designation as a protected landscape face, the Member States shall forward the draft decision to the municipal council of the municipalities in which the landscape is face and to the provincial planning committee. The local council shall deliver its opinion within six months of the provincial planning committee within nine months of receipt of the draft decision.

  • 2 Within one year of the transmission of the draft decision referred to in paragraph 1, deputed States shall decide on the designation of the landscape as a protected landscape, but not before the opinions provided for in paragraph 1, have received, or have expired, the time limits applicable under that Article.

  • 3 The Member States have been deputised for a decision on the designation of a landscape face as a protected landscape in the Official Gazette and in one or more of the day, news or house-to-house magazines distributed in the area concerned.

  • 4 Deputed states copies of a decision on designation of a landscape face as a protected landscape face to Our Minister and to the municipal council of the municipalities in which the protected landscape is located.


Article 26

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  • 1 Municipal council of municipalities in which the protected landscape face is established to protect a protected landscape face a zoning plan as intended for the protection of Spatial planning law The decision to designate a protected landface may set a time limit for this purpose by Member States.

  • 2 The decision to designate a protected landscape shall determine whether and to what extent applicable zoning plans may be considered as protective measures within the meaning of the first paragraph.

Chapter V. International obligations

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Article 27

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  • 1 Our Minister designates areas for the implementation of treaties or other international obligations relating to nature and landscape conservation with the exception of Directive 2009 /147/EC and the Directive 92 /43/EEC , to the extent that those treaties or obligations so require.

  • 2 A decision as referred to in paragraph 1 shall be accompanied by a map showing the delimitation of the area and an explanation of the extent of the area. The explanatory notes shall indicate in any event the manner in which the maintenance of the territory is achieved, in accordance with the obligations laid down in the said obligations.

  • 3 A decision as referred to in paragraph 1 shall be published in the Official Gazette and in one or more of the day, news or house-to-house magazines distributed in the area concerned.


Article 28

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Before a designation as intended Article 27, first paragraph , to proceed, our Minister hears the boards of the provinces and municipalities in which the area is located.


Article 29

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  • 1 In the case of, or under general management, detailed rules in respect of the conservation of the natural environment and the conservation of the countryside, to the extent necessary for the implementation of treaties or other international obligations relating to nature and landscape conservation. governed by law.

  • 2 To the rules referred to in paragraph 1, the criteria for the assessment of on the basis of Article 27 Areas to be allocated.

  • 3 The rules referred to in paragraph 1 may also include the possibility of a provisional designation of an area by means of a preparatory decision before the procedure provided for in the first paragraph of this Article is to be applied in the form of a preliminary ruling. Article 28 , completed successfully.


Article 29a

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  • 1 Without prejudice to the provisions of this Act, or to a general measure of administration under this Law, rules may be laid down under ministerial rules on matters covered by this Act, provided that these rules apply only to: the object of the implementation of an agreement or other decision of an international organisation which is binding on the Netherlands.

  • 2 The scheme referred to in paragraph 1 may, by virtue of that law or general measure of management, be made out of operation under that law, provided that it is necessary for the correct and timely implementation of a Convention or Decision referred to in the first paragraph.

  • 3 To the extent that the scheme is subject to the provisions of this Act or to a general measure of administrative action under this law, our Minister shall replace the scheme. If a law is required for replacement, a proposal of law shall be submitted to the States General within two years from the entry into force of the scheme. If a general measure of administration is required for replacement, the nomination will be made to Us within one year of the entry into force of the scheme.

Chapter VI. Damages

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Article 30

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For the purposes of this Chapter, the competent authority shall mean the body referred to in the decision in question. Article 31 , has been taken or deemed to have taken place.


Article 31

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  • 1 To the extent that it appears that an interested party has taken a decision taken in accordance with Chapter III this law, which is or will be injured, which is not reasonably or wholly dependent on it to remain, and whose remuneration is not, or is not, adequately insured through purchase, impropriation or otherwise, the institution shall know that that decision is taken has taken or is deemed to have taken him, at his request, a compensation to be determined.

  • 2 The competent authority may, in respect of the request for compensation, issue the opinion of the Commission for the purpose of the damage assessment. Article 32 -To win.


Article 32

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  • 1 An injury assessment commission shall be established by the competent authority.

  • 2 The injury assessment committee shall be composed of one or more members.

  • 3 A member of an injury assessment committee set up by Our Minister may not be the subject of official employed by the Ministry or of any service, company or institution working under the responsibility of Our Minister.

  • 4 With official as referred to in paragraph 3, they shall be treated, for the purposes of this Chapter, who are employed by civil law under an employment contract.

  • 5 A member of a non-life assessment committee set up by Member States shall not cover:

    • a. Commissioner of the King;

    • b. Member of Member States;

    • c. official, appointed by or because of the provincial administration or subordinate to it.

  • 6 With an official referred to in paragraph 5 (c), they shall, for the purposes of this Chapter, be treated in the same way as those employed by the Province on the basis of a contract of employment under civil law.


Article 33

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  • 1 Where the competent authority decides to obtain the opinion of the claims assessment committee, it shall send the application for its opinion to the claims assessment committee, together with all the documents relating to the case, at the same time as Communication to the applicant.

  • 2 The competent authority shall provide the aid assessment committee with the requested cooperation.


Article 34

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  • 1 The injury assessment committee shall give the applicant or his authorised representative an opportunity to clarify his request for compensation in a public meeting.

  • 2 A claims assessment committee set up by Our Minister may employ officials employed by the Ministry or of a service, company or institution, under the responsibility of Our Minister, to serve in the public meeting shall appear in the form of information.

  • 3 A claims committee set up by Member States may call for one or more members of the Member States, including the Chairman, and officials, appointed or subordinate by or because of the provincial administration, to comply with the provisions of this Article. appear in the public meeting to give information.

  • 4 If the injury assessment committee wishes to hold a seat, it shall inform the applicant and the competent authority of the time of the place of the place of the place of the place of the place of place.


Article 35

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The damage assessment committee shall give a reasoned opinion to the competent authority. It shall simultaneously send a copy thereof to the applicant.


Article 36

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  • 1 The competent authority shall give the applicant an opportunity in writing or orally, in the presence of the Committee on the Damage Assessment, to express his views on the opinion.

  • 2 The oral argument of a position as referred to in paragraph 1 shall, if the damage assessment commission is set by Member States, be made to one or more of the members of the Member States, including those of the Member States, including the President.

  • 3 The damage assessment committee shall, on request, provide the competent authority with further clarification of the opinion and, on request, shall give its opinion on the views of the applicant.


Article 37

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The costs of the injury assessment committee shall not be charged to the applicant.


Article 38

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  • 1 The governing body shall decide within eight weeks, or, if a claim assessment commission as referred to in Article 32, first paragraph , is turned on, within twenty-six weeks after the receipt of the request for damages.

  • 2 The governing body may make the decision once for a maximum of eight weeks or, if an injury assessment commission as referred to in Article 32, first paragraph It's turned on, it's twenty-six weeks. The adjournation shall be notified in writing.

Chapter VII. Occupation and registration

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Article 39

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  • 1 The operation of a decision as referred to in Article 15, first paragraph , it shall be suspended until the expiry of the period of appeal or, if appeal has been lodged, on the appeal.

  • 2 An appeal against the adoption of a management plan as referred to in Article 19a shall only refer to the descriptions of acts that do not jeopardise the attainment of the conservation objective, and the conditions and restrictions, as appropriate, where appropriate.


Article 39a [ Expired by 01-01-2010]

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Article 39b [ Expired by 01-01-2010]

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Article 39c [ Verfall by 01-01-2010]

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Chapter VIII. Authorisation procedure

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Article 40

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With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to an application for authorisation as specified in the Articles 16 and 19d .


Article 41

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  • 1 In the application for the licences, as specified in the Articles 16 and 19d , the interest of the applicant in the granting of the authorisation shall be justified.

  • 2 The receipt of the application shall be confirmed in writing.


Article 42

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  • 1 On the application for authorisation, it shall be decided within 13 weeks of the date of receipt.

  • 2 Once the authorisation is authorised, the period may be extended once by 13 weeks. Such an extension shall be communicated to the applicant and to the Mayor and to aldermen as referred to in Article 10. Article 44 .

  • 3 Of a decision to grant, amend or withdraw the licences as referred to in the Articles 16 and 19d shall be notified by the institution empowered to grant the authorisation in one or more day, news, or house-to-house or other appropriate means. Suffice it to mention the business content.


Article 43

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  • 1 Licence may be attached to a licence.

    A permit may be granted under restrictions. In the case of a general measure of management, detailed rules may be laid down in respect of those rules and restrictions.

  • 2 A licence may be revoked or amended if:

    • (a) the holder of the authorization shall act contrary to the rules or restrictions attached thereto;

    • (b) the information on the basis of which the authorisation was granted appears to be incorrect or incomplete that, if the correct information had been disclosed, a different decision would have been taken;

    • (c) the authorization has been given in contraa with the legal provisions; or

    • (d) the circumstances since the date of granting of the authorization has changed, not without restrictions or conditions, or under other restrictions or conditions only if such circumstances apply to the the time at which the licence was granted would have existed.


Article 44

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  • 1 If our Minister has the power to issue a licence, he shall send a copy of the request for authorization and acknowledgement of receipt to Member States of the provinces and the mayor and aldermen of the communes, in which the authorization shall be issued. will take place, for which authorisation is required.

  • 2 Where the Member States are empowered to grant authorization, they shall send copies of the documents referred to in paragraph 1 to the mayor and aldermen of the communes referred to in paragraph 1 and to our Minister.

  • 3 Deputies and mayor and aldermen, mayor and aldermen, may, within eight weeks of the date stated on the acknowledgement of receipt, forward their views to the institution responsible for granting the authorization. Of course


Article 45 [ Expired by 01-10-2012]

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Article 45a [ Expired by 01-10-2012]

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Chapter IX. Environment permit

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Title 1. Protected natural monuments

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Article 46

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  • 1 This Title shall apply to acts:

    • a. requiring an environment permit and

    • (b) who are also to be regarded as acts for which the prohibition is prohibited, intended to Article 16, first paragraph is valid.

  • 2 This Title does not apply to acts which are permitted under a permit as intended in Article 16, first paragraph , or for which a licence has been requested.


Article 46a

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  • 1 The applicant for an environmental permit shall ensure that the application also relates to the operations which meet the criteria specified in the Annex. Article 46, first paragraph .


Article 46b

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  • 3 In the case referred to in the second paragraph, the declaration shall be refused, in the case referred to in paragraph 2, only if the acts in question are capable of damaging the interests, described in Article 16, first paragraph . Article 16, second paragraph, shall apply mutatis mutandis in respect of the declaration as regards the environment authorization.


Article 46c

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  • 2 Without prejudice to: Articles 2.31 and 2.33 of the General Provisions Act , can be deputed states in a case referred to in Article 46b, second paragraph , withdraw the environmental permit or amend, supplement or revoke the requirements attached to the environmental permit or connect to the environment permit if the circumstances have been the case since the date of the have been granted an environmental permit, have been modified in such a way that they would not have been granted or have not been subject to such conditions, if these circumstances existed at the specified time.


Article 46d

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It is prohibited to act in violation of a regulation of an environment permit related to acts as intended Article 16, first or fourth member .


Title 2. Bidding for the implementation of European law

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Article 47

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  • 1 This Title shall apply to acts:

    • a. requiring an environment permit and

    • (b) who are also to be regarded as projects or other acts for which the prohibition is prohibited; Article 19d, first paragraph -That's true.

  • 2 This Title does not apply to projects or other acts which are permitted under a permit as referred to in Article 19d, first paragraph , or for which a licence has been requested.


Article 47a

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  • 1 The applicant for an environmental permit shall ensure that the application also relates to the operations which meet the criteria specified in the Annex. Article 47, first paragraph .


Article 47b

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  • 4 If an environmental permit is granted for compelling reasons of overriding public interest for the realisation of projects as intended Article 19h, first paragraph , the Governing Body shall determine that the environmental authorization shall in any event be subject to the obligation to take compensatory measures. In the case referred to in the second paragraph, the competent authority shall undertake to comply with the requirements of the environment authorization.

  • 6 Article 19k, first paragraph , in so far as it concerns the obligation laid down in that paragraph with regard to the notification of our Minister and the obligation laid down in that paragraph with regard to the transmission of a copy of licences of corresponding application, except that these obligations apply in the case referred to in the first paragraph to the governing body which gives the declaration and does not apply in cases to which our Minister gives the declaration.


Article 47c

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  • 2 Without prejudice to: Articles 2.31 and 2.33 of the General Provisions Act , can be deputed states in a case referred to in Article 47b, second paragraph , withdraw the environmental permit or amend, supplement or revoke the requirements attached to the environmental permit or connect to the environment permit if the circumstances have been the case since the date of the have been granted an environmental permit, have been modified in such a way that they would not have been granted or have not been subject to such conditions, if these circumstances existed at the specified time.


Article 47d

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It is prohibited to act in violation of a regulation of an environmental permit related to projects or other acts referred to in Article 19d, first paragraph .


Article 48 [ Exposition by 17-02-1999]

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Chapter X. Supervision

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Article 49

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  • 1 With the supervision of compliance with or under this Act, the following shall be entrusted:

    • a. The officials designated by the decision of Our Minister;

    • b. the Minister of State for Security and Justice on the grounds of Article 17 of the Law on Economic Crimes officials responsible for the detection of the offences committed to or under this law; and

    • (c) officials appointed by decision of the Member States.

  • 2 A decision as referred to in paragraph 1 (a) shall be communicated by the State Official Gazette.


Article 50 [ Expired per 01-10-2005]

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Article 51 [ Expired by 01-10-2005]

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Article 52 [ Expaed by 01-10-2005]

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Article 53 [ Expired by 01-10-2005]

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Article 54 [ Expaed by 01-10-2005]

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Article 55 [ Expaed by 01-10-2005]

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Article 56 [ Expired by 01-10-2005]

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Article 57

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  • 1 Our Minister is empowered to impose a charge under administrative constraints in order to maintain the burden imposed by or under this law for projects and other acts for which he is responsible for the implementation of the Articles 16 , 19d , and 19ia to grant authorisation in connection with 16, and to the obligations and instructions which he/she is required to fulfil under the Articles 19c , 19ia in connection with 19c , and 19ke (i) the competent authorities of the Member States shall be responsible for the application of

  • 2 This Article shall not apply in respect of the enforcement of the application or Chapter IX Some.


Article 57a

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  • 2 In Article 5.2 of the General Provisions Act shall be responsible for the maintenance of the administrative enforcement of the rules applicable under Chapter IX in respect of the person carrying out the activity concerned.

Chapter XI. Final and transitional provisions

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Article 58

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  • 1 In the existence of a plan of impropriation in the interests of nature conservation pursuant to Article 6 (2), Title VIII of the Law on the ownership of the land the Minister may, in particular, prohibit those acts, which are harmful to the natural beauty or to the natural scientific significance of the immovable property involved in the proposed devaluation.

  • 2 The prohibition shall lapse by the transfer of ownership of the case to the unteed party and if it has not been followed within two years by such transfer of ownership, unless such transfer is in force for the purposes of the application of the Chapter III of Title I der expropriation Act . The period may be extended by a maximum of one year from a royal decree to be placed in the Official Journal.

  • 3 Our Minister is at all times empowered to withdraw the ban in whole or in part or to grant a waiver of it.

  • 4 Our Minister makes known the ban in the Official Gazette.


Article 59 [ Verfalls per 01-02-2009]

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Article 60

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Decisions taken on the basis of the Articles 7 , 11 , 12 , 14 , 18 , 21, 1st Member , 28, first paragraph , 29 , and 31 of the Nature Conservation Act -apply to decisions taken on the basis of the following Articles 10 , 15 , 16 , 17 , 31 , 10 , 49, first member , 57 and 58 of this law.


Article 60a

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  • 3 The first and second members shall not apply in respect of the application of Article 31 of this law.

  • 4 The decisions of Our Minister on the designation of territories for the implementation of Directive 2009 /147/EC shall be as set out in the Annex to this Decision. Article 10a .

  • 5 As far as a protected natural monument as intended Article 10 is part of an area referred to in paragraph 4, in whole or in part, by way of derogation from Article 15a, second paragraph , a decision on the designation of that protected natural monument in whole or in part with effect from 1 October 2005. Article 15a, third paragraph, shall apply mutatis mutandis.

  • 6 In decisions to which Article 6 of Directive 92 /43/EEC is concerned, applications for authorization or exemption from applications submitted before 1 October 2005 and otherwise requested otherwise remain outside the law until the objection or objection is to be granted to the Commission. An appeal has been reached or has been irrevocably decided on the appeal, if an appeal has been lodged.

  • 8 A management plan as referred to in Article 19a for an area designated for the implementation of Directive 2009 /147/EC for 1 October 2005, it shall be fixed for the first time at the latest three years after the establishment of the conservation objective for the area.

  • 9 Decisions taken on the basis of Article 19d, third paragraph , (old) apply as decisions taken on the basis of Article 19d, paragraph 4 (new).

  • 10 Article 19d shall not apply to acts in the exclusive economic zone which is or will be authorised under other laws and subject to the provisions of Article 6, third and fourth paragraph, of Directive 92 /43/EEC.

  • 11 Article 19d shall not apply to acts for which an application for amendment of the authorisation referred to in the 10th paragraph is or is being applied for, and subject to the provisions of Article 6, third and fourth paragraph, of Directive 92 /42/EEC, A decision to amend that authorization shall be or will be adopted in accordance with the provisions of the Directive.

  • 12 The authorization referred to in the 10th and 11th member may be amended or withdrawn by the competent authority which granted the authorization in the cases provided for by the competent authority. Article 43, second paragraph , in particular, where this is necessary to achieve the conservation objective of the Natura 2000 site concerned.


Article 61

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Areas designated for the entry into force of this Act by Our Minister for the implementation of treaties or other international obligations relating to nature and landscape conservation, apply as designated areas on the basis of Article 27 of this law.


Article 62

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Article 63

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  • 1 In respect of decisions concerning applications for authorization or exemption submitted before the date of entry into force of this Act, as referred to in Article 4 (1) of the Article 12 Other 16, second paragraph, section c, of the Nature Conservation Act The law shall continue to apply until the period of objection or notice of appeal has expired or, where the appeal has been lodged, irrevocably to the appeal.


Article 64

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With regard to the possibility to object or appeal against a decision disclosed before the date of entry into force of this Act, as well as to the handling of objection or appeal filed before the date of The entry into force of this Act has been set up under the law of the law, the Nature protection law applicable.


Article 65

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For protected natural monuments and natural heritage monuments, as intended Article 7, first paragraph , respectively Article 21, first paragraph, of the Nature Conservation Act , which for the date of entry into force of this Act as such have been designated on the basis of Nature protection law , by way of derogation from Article 16, fourth paragraph , of this law the prohibition of Article 16, first paragraph , of this law for harmful acts referred to in that article, which are carried out outside the protected natural monument or monument without these actions being mentioned in the decision on designation.


Article 66

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The owner and user are required to have their registration certificates based on the Article 15 of the Nature Conservation Act have been placed in a protected nature monument after the revocation of that law.


Article 67

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Decisions taken before the date of entry into force of this Act to apply administrative coercion and the resultof execution of works referred to in Article 4 (2) of the Treaty Article 29, first and second paragraph, of the Nature Conservation Act , that law will continue to apply.


Article 67a

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The Articles 19km , 19kn and 19ko shall not apply to projects, plans and other acts that cause nitrogen deposition for nitrogen susceptible habitats in a Natura 2000 site if:

  • -for the project, plan or other act before the date of entry into force of the programme, a decision as intended Article 19km, first paragraph , is in preparation with the relevant governing body;

  • -the particulars and documents available for the decision to be taken are, in the opinion of the relevant administrative body, sufficient for the evaluation of the application or for the preparation of the relevant decision and in addition, where the decision relates to a project as referred to in Article 19f, first paragraph , a full appropriate assessment as referred to in that Article has been made, and

  • (i) the person who will implement the project in question, who will perform the other act on the other hand, has ensured a timely performance of the measures which, in the context of the project's implementation, are to be carried out on the basis of the of the other act are taken to ensure that the natural features of Natura 2000 site will not be affected by the project, as a result of deterioration or significant distorting effects due to the effects of the to prevent the other act.


Article 68

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Article 68a

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Our Minister shall transmit within three years of the entry into force of the Law of 20 January 2005 amending the Nature Protection Act 1998 in relation to European law obligations (Stb. 2005, 195) to the States-General a report on the effectiveness and effects of this law.


Article 68b

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The Dutch criminal law applies to any person guilty in the exclusive economic zone of violation of rules made at or under the jurisdiction of Articles 19c, 4th paragraph , 19d, 1st Member , 19ia, 1st Member , in conjunction with 16 , 19ia, third member, in conjunction with 19c, fourth paragraph, 19kc, 1st Member , 19ke, fifth member , 19l, 1st Member , 20, third member , 21, second paragraph , and 22, second paragraph .


Article 69

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Article 70

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Article 71

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  • 1 [ Red: Change the Nature Protection Act.]


Article 72

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Article 73

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Article 73a

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  • 2 The Nature and Recreation of the Grevelingen receives a grant from the Kingdom of the Nature and Recreation area of the Kingdom of the Kingdom of the Kingdom of the Nature and Recreation of the Kingdom of EUR 9.75 million under the condition that the Kingdom of Nature and Recreation from the European Union for the Conservation of the Kingdom of the European Union ( reimbursement by the Nature and Recreation of the Grevelingen or its legal successor shall be devoted to the protection of the interests of nature, landscape and outdoor recreation in De Grevelingen.

  • 3 The Nature and Recreation of the Grevelingen or its legal successor shall be accountable to our Minister for the use of the surrender sum and shall submit annual accounts together with an auditor's statement to our Minister for an annual report. The first sentence shall apply until 1 January 2030 or, if this is earlier, until 1 January of the year following the year in which the Nature and Recreation Centre ceased to be the Grevelingen or its successor in law.

  • 4 If the condition referred to in paragraph 2 or to the obligations referred to in the first sentence of paragraph 3 is not fulfilled, our Minister may recover all or part of the compensation.


Article 74

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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 75

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This law is cited as: Nature Conservation Act, with reference to the year of the Official Gazette in which it will be placed.

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.

Issued in Gravenhage, 25 May 1998

Beatrix

The Minister for Agriculture, Nature Management and Fisheries,

J. J. van Aartsen

Issued on the 14th July 1998

The Minister of Justice,

W. Sorgdrager