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Law of 6 November 2008 laying down rules on a system of authorisation with regard to activities affecting the physical environment and on the maintenance of arrangements in the area of physical living environment (General provisions Act) environmental law)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that a large number of different systems exist in the authorisations of administrative bodies, which are required for the provision of activities that affect the physical environment, and that the it is desirable to combine those systems as far as possible so that a coherent assessment of such activities on the relevant aspects is possible in a single procedure leading to a single decision; whereas it is necessary to do so in view of this new system to regulate enforcement and that it is appropriate to make use of that opportunity to the administrative enforcement of arrangements with regard to the physical environment, in so far as not generally governed by administrative law, to standardize and to apply the same law;
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:
1 The following shall be understood in this Act and the provisions which are based thereon:
activity: activity as referred to in Article 2.1, first paragraph , or 2.2 ;
Waste: wastes referred to in Article 1.1 of the Environmental Management Act ;
management regulation: management regulation as referred to in Article 3.38 of the Spatial Planning Act which applies to the place where the activity is or will be carried out;
protected city or village face: protected city or village face as intended in Article 1 (g) of the Monuments Act 1988 like that law before the entry into force of the Heritage Act ;
best available techniques: to achieve a high level of protection of the environment most effective techniques to prevent emissions and other adverse effects on the environment, which may cause an establishment, or, where that is not possible, so much limiting, taking into account-those-costs and benefits-economically and technically feasible in the industry to which the establishment belongs can be applied, and to those who drive the establishment reasonably in the Netherlands or to be available outside the Community, including the design of the the arrangements for the construction and maintenance of the establishment and the manner in which it is operated and the way in which the establishment is not used;
Destination plan: Zoning plan, Provincial Inpass Plan, or Rijksinpassation Plan as intended Spatial planning law that applies to the place where the activity is or will be carried out and the further requirements laid down under that plan;
competent authority: authorising administrative bodies to decide on an application for an environmental authorisation or for an environmental permit already granted;
building: to be established, wholly or partly to be established, renewed, changed or increased;
Construction Regulation: building regulation as intended Article 8 of the Housing Act ;
operating plan: plan as referred to in Article 6.12, first paragraph, of the Spatial Planning Act ;
hazardous wastes: hazardous waste referred to in Article 1.1 of the Environmental Management Act ;
establishment: establishment of a category which is designated under paragraph 3;
Inspector: as such by a decision of our Minister designated;
IPPC installation: installation of industrial activities referred to in Annex I of Directive No 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (PbEU L 334);
mining work: mining work as intended Article 1 (n) of the Mining Act ;
environment service: service as referred to in Article 5.3, first paragraph ;
Environment permit: environment permit as referred to in Article 2.1 or 2.2 ;
inseparable activity: activity belonging to different categories of activities as referred to in the Articles 2.1 and 2.2 ;
Our Minister: Our Minister for Housing, Spatial Planning and the Environment;
project: project as referred to in Article 2.1, first paragraph , or 2.2 ;
Row monument: driving monument as intended in Article 1.1 of the Erfgoedwet with the exception of archaeological monuments referred to in that Article;
demoting: Totally or partially abort;
Explanation: Explanation of no objections as referred to in Article 2.27, first paragraph ;
Preparatory act: decision applying to Article 3.7 of the Spatial Planning Act ;
To change the requirements of an environment permit: to amend, supplement or revoke regulations that are attached to an environmental permit or to comply with an environment permit.
2 With regard to the meaning of the concepts of 'environmental impact' and 'environmental protection' in this law and the provisions based thereon, Article 1.1, second paragraph, of the Environmental Protection Act applicable mutatis mutandis.
3 In the case of, or under general management, categories of establishments shall be designated as intended Article 1.1, fourth paragraph, of the Environment -of which the establishment, change or change of operation or operation must be subject to prior checking, given the nature and extent of the adverse effects of the establishments on the environment the product. In any case, the measure designates as a category the establishments to which an IPPC installation belongs.
4 An amendment to Annex 1 to Directive No European Parliament and Council Decision 2010 /75/EU of 24 November 2010 on industrial emissions (PbEU L 334) applies to the definition of 'IPPC plant' provided in paragraph 1 with effect from the day on which the IPPC plant is used. The draft amending Directive must have been implemented unless a ministerial decision, published in the Official Gazette, provides for a different point of time.
1 A corporate residence, belonging to or previously belonging to an agricultural income direction, based on the zoning plan, management regulation or, if applicable Article 2.12, first paragraph , from the zoning plan or the management regulation, the environment permit may be occupied by a third party and shall be considered to be part of that establishment for the purposes of this Act and the provisions which it has been based on. of that establishment, unless otherwise provided by or under this Act.
For the purpose of applying the first paragraph, agricultural wind shall mean:
establishment where, exclusively or principally, agricultural activities, which are the cultivation or farming of agricultural crops or the breeding, fattening, holding or marketing of farm animals, or activities related thereto, are carried out.
1 It is prohibited to carry out a project without an environmental permit, in so far as it consists wholly or partly of:
a. Building a construction work,
(b) conduct of a work, not building work, or work, in cases where that is determined by a zoning plan, management regulation, operating plan or preparation decision;
c. using grounds or building works in violation of a zoning plan, a management regulation, an exploitation plan, the rules stated under Article 4.1, third paragraph , or 4.3, third member, of the Spatial Planning Act or a preparatory decision to the extent applicable to Article 3.7, fourth paragraph, second sentence, of that law ,
(d) the use or use of a construction work in categories designated for the purposes of fire safety in the case of a general measure of management;
e.
1 °. the establishment,
2 °. changing or changing the operation or
3 °. having it in effect
of an establishment or mining work,
f. scrapping, disrupting, moving or in any way altering a driving monument or restoring, using, or letting use of a driving monument in a manner that makes it desified or compromised,
g. the demolition of a construction work in cases where it is determined by a zoning plan, management regulation or preparation decision;
h. Demolition of a construction work in a protected city or village face, or
(i) the provision of any other activity that belongs to a category of activities in general order that may affect the physical environment.
2 In the case of a general measure of management, detailed rules may be laid down as to what is meant by the activities referred to in the first paragraph.
3 In the case of a general measure of management, the prohibition in that paragraph shall not apply to any designated activity referred to in paragraph 1, as specified in that paragraph.
1 In so far as under a provision in a provincial or municipal regulation, a permit or a waiver is required to:
a. [ Red: Expiring,]
b. A monument as intended in a regulation such as:
1 °. to demolish, disrupt, move or in any way modify or
2 °. to be recovered, to be used or to be used in a manner which makes it desified or compromised,
(c) to demolish a construction work in a town or village face designated under a regulation of this kind,
(d) to impose a road or change in the manner of construction of a road, provided that such a ban applies, as well as to the prohibition of Article 2.1, first paragraph, point (b) ,
e. to make a way out, to have or to change its use or to change its use;
f. in, on or on an immovable property to have an alarm system capable of producing striking sound or light signal for the environment,
g. sheeting or doing wood sheeting,
h. to advertise or conduct commercial advertising on or to an immovable property by means of a marking, notice or image in any form which is visible from a public place to the public;
i. as an owner, restrict or tolerate a real estate owner or user of an immovable property on or on that immovable property commercial advertising is made or conducted using a marking, notice or image in any form of commercial property. then also, visible from a place accessible to the public,
(j) store or store in a designated part of the province or the municipality of movable property, or
k. as an owner, restricted to a business owner or user of an immovable property in a designated part of the province or the municipality to allow or tolerate that movable property is stored there;
shall be such a provision as a prohibition on carrying out a project in so far as it consists of, or consisting of, those activities without an environment permit.
2 In the case of a provincial, municipal or water regulation, it may be decided that, in the designated categories of cases, projects consisting of, or consisting of, other activities falling within the scope of that regulation may be prohibited. category of activities that may affect the physical environment, without the environment permit.
It shall be prohibited to act contrary to a requirement of an environmental permit, which shall cover:
a. Activities within the meaning of Article 2.1, first paragraph, point (e) ;
b. Activities within the meaning of Article 2.1, first paragraph, points a, b, c, d, f, g, h or i ;
c. activities referred to in Article 2.2 .
1 It is prohibited to maintain a construction work or a part thereof that was constructed without an environmental permit.
2 The first paragraph shall continue to apply if the construction of the relevant construction work is carried out on the basis of Article 2.1, third paragraph , no environment permit is or was required, except that if in such a case there is a construction work whose presence is only allowed for a limited period, the first member remains exclusively out of application during the period of That period.
1 Mayor and aldermen of the municipality where the project is to be carried out mainly or is carried out, shall decide on the application for an environmental permit, except in cases referred to in the second to fifth paragraph.
2 In the case of a general measure of management, it may be decided that the Member States of the province in which the project in question will be principally engaged or are to be implemented shall decide on the application in respect of projects falling within the scope of the measure designated category of projects which are of a provincial interest. The measure may stipulate that the designation shall be subject to appropriate categories of cases.
3 In the case of a general management measure, it may be stipulated that the Minister designated by the Minister in question shall decide on the application for projects which are part of a category of national interest projects designated by the measure. The measure may stipulate that the designation shall be subject to appropriate categories of cases.
4 The Minister may provide that, by way of derogation from the first, second or third paragraphs, he shall decide on the application for an environmental permit in respect of a project designated by his decision, where it is provided for in the public interest.
5 The competent authority in respect of a current environmental permit shall decide on any application relating to a project which shall be or will be carried out at the place in respect of which it is granted. The first sentence shall not apply to the mayor and aldermen in cases referred to in the second to fourth and deputed States in cases referred to in the third and fourth paragraphs. Furthermore, the first sentence shall not apply in cases falling within a category designated by a general measure of management.
1 At the request of the applicant, an environmental permit is granted in two stages. The first stage shall apply only to the activities to be given by the applicant.
2 An application for a decision relating to the first or second phase shall be decided by the governing body which would have the power to decide on the application for an environmental permit for the project concerned. A decision referred to in the first sentence shall be prepared in accordance with the procedure which would apply to the preparation of the decision on the application for an environment permit.
3 If a decision related to the first or second phase is prepared with the comprehensive preparation procedure, intended in Section 3.3 , but not related to an activity or case as intended in Article 3.10, first paragraph , which cannot also be regarded as an activity within the meaning of the Third member of that Article , gives the competent authority the decision-by way of derogation from Article 3:18, 1st paragraph, of General Law governing law -no later than 14 weeks after receipt of the application.
4 The decision on the second stage is given no earlier than the decision on the first stage. If this would result in the decision-making period being exceeded for the second stage, the competent authority, by way of derogation, gives the decision in parallel with the decision on the first stage.
5 The competent authority may revoke a decision in which a positive decision has been taken on an application relating to:
(a) the first stage: if no later than two years after the decision has become final, an application for the decision relating to the second stage has been submitted,
b. the first or second phase: if the application for the other stage has been decided negatively, and not no later than two years after the decision has become final, a new application has been submitted.
6 The decision on the first stage may be amended by the decision relating to the second stage to the extent necessary for the purpose of granting the environment licence.
7 The specific case of, or under this law relating to an environmental permit is, with the exception of Article 2.7 , mutatis mutandis, to the decisions relating to the first and second stages.
8 The decisions taken in favour of applications relating to the first and second stages shall, if they have entered into force, be considered together as an environmental permit.
If application is given to Article 2.7, first paragraph, second sentence , can be the environment permit for the activity, intended in Article 2.1, first paragraph, point (c) , in the case of the Decision, which decides on the application for an environmental permit for the other inseparable activities, to the extent necessary for the purpose of granting that environmental permit.
1 To the extent that the application for an environmental permit relates to the change of an establishment or mining work or its operation, as intended Article 2.1, first paragraph, point (e), 2 ° or 3 ° , and with respect to that establishment or that mining work has already been granted one or more environmental permits, it may determine authority to apply for an environmental permit in respect of that change and to have it in operation relevant establishment or the mining work concerned after that change.
(2) Where the competent authority has determined that an application for such an environmental authorisation is to be sought, it shall not address applications concerning the activity concerned which do not relate to such an application.
3 The competent authority cannot change the rights conferred by the holder of the authorisation on the previously granted environment authorisations, otherwise than would be possible with the application of Article 2.31 or 2.33 .
4 An environmental permit pursuant to this Article replaces, with effect from the moment of its entry into force, the environment permits previously granted in respect of the project in question, to the extent that it is the establishment or the mining work. Those environmental authorisations shall expire at the time when the environment authorisation granted pursuant to this Article becomes final.
1 Without prejudice to the provisions of the Articles 2.10, 2nd paragraph , and 2.11, second paragraph , the applicant for an environmental permit shall ensure that the application relates to all the inseparable activities within the project concerned. By way of derogation from the first sentence and without prejudice to: Article 2.5 may, if one of those inseparable activities is an activity as referred to in Article 2.1, first paragraph, point (c) , prior to and separately from the other inseparable activities, an application for an environment permit shall be submitted.
2 An application to obtain an environment permit related to an activity as intended Article 2.1, first paragraph, point (e) , only one device to which an IPPC installation belongs may be covered.
1 In the case of, or under general management, rules shall be laid down concerning the manner in which the application for an environment permit is made and the particulars and documents submitted by the applicant for the purposes of the decision on the application. In each case, the rules shall stipulate that in or in the case of an application relating to an activity relating to an establishment as referred to in Article 4 (2) of Regulation (EEC) No 821 Article 2.1, first paragraph, point (e), below 1 ° or 3 ° , information and documents shall be provided on the techniques to be applied for the purposes of the activities and processes in the establishment, provided that they may reasonably be relevant for the assessment of adverse effects on the environment, the device may cause the device. In the case of the measure, by way of derogation from the Articles 2:14, 1st paragraph , and 2:15 of General Law governing law -provision shall be made for the application to be submitted, in whole or in part, electronically or in receipt of the application. It may be specified that the obligations only apply in appropriate categories of cases.
2 In the case of a regulation as referred to in Article 2.2, second paragraph , rules may also be laid down concerning the particulars and documents provided by the applicant for the activity designated by that Regulation for the purposes of the decision on the application.
1 In the case of, or under a general rule of administration, the competent administrative bodies of the State may be subject to rights in respect of the processing of applications for the grant of, or total or partial withdrawal of, a environmental permit or modification of requirements of an environment permit.
2 In the case of a general measure of management, rules may be laid down as regards the calculation and the amounts of the following:
a. Article 229, first paragraph, point (b), of the Municipal Act ;
c. the first paragraph,
for the treatment of applications for the grant, whole or partial withdrawal of an environmental permit or amendment of requirements of an environmental permit.
1 In so far as applications for the withdrawal or partial or partial withdrawal of an environmental permit or amendment of the requirements of an environmental permit relate to an activity related to an establishment as referred to in the Annex. Article 2.1, first paragraph, point (e) , no rights shall be levied. In the case of a general measure of management, in the case of an activity referred to in Article 2.1, first paragraph, point (i), categories of cases where the first sentence of the application shall apply may be applied mutatis mutandis.
2 The power to enforce rights relating to services provided by or because of the municipal administration, provincial administration or to our Minister concerned, relating to an environmental permit in which the application of the Article 2.12, first paragraph, point (a), below 3 ° , a derogation from a zoning plan or a management regulation shall be suspended until such time as the notification of that decision is taken pursuant to Article 3.12, second paragraph, point (b) , has been made available by electronic means, in accordance with rules laid down in or pursuant to general rules of administration. The power shall lapse if the communication has not been made available in the prescribed manner within two months.
1 In so far as the application relates to an activity as referred to in Article 2.1, first paragraph, point (a) , the environment permit shall be refused if:
(a) the application and the particulars and documents supplied thereto do not make it possible, in the opinion of the competent authority, that the construction of a construction work covered by the application complies with the rules laid down in the application of the application or under a general measure of management as referred to in Article 2 or 120 of the Housing Act ;
(b) the application and the particulars and documents supplied thereto do not make it possible, in the opinion of the competent authority, that the construction of a construction work covered by the application complies with the rules laid down in the application of the building regulation or, as long as the building regulation has not yet been brought to an agreement, with the rules laid down in a general measure of management as intended by Article 8, eighth paragraph, of the Housing Act or by or under a general measure of management as referred to in Article 120 of that Act ;
c. the activity is in conflict with the zoning plan, the management regulation or the operating plan, or the rules set pursuant to Article 4.1, third paragraph , or 4.3, third member, of the Spatial Planning Act , unless the activity is not in violation of an environment permit granted with the application of Article 2.12 ;
d. the appearance or the placement of the construction work covered by the application, with the exception of a temporary construction work that is not a seasonal construction work, both considered and related to the environment or to be expected development of which, contrary to reasonable requirements of wellbeing, assessed according to the criteria set out in Article 12a, first paragraph, point (a) of the Housing Act , unless the competent authority considers that the environment authorisation should nevertheless be granted;
e. the activity a road tunnel as intended in the Law additional rules safety road tunnels and the information and documents provided for in the application and the documents submitted thereto, it appears that the Article 6, first paragraph, of that Act provided the standard.
2 In cases referred to in paragraph 1 (c), the application shall be regarded as an application for the purpose of an activity as referred to in Article 3 (1). Article 2.1, first paragraph, point (c) , and the authorization referred to in paragraph 1 (c) shall not be refused unless authorisation has been granted under the conditions laid down in Article 3 (2). Article 2.12 is not possible.
1 In so far as the application relates to an activity as referred to in Article 2.1, first paragraph, point (b) , where rules are laid down in a zoning plan, management regulation, operating plan or preparation decision, the environment permit shall be refused if the work or the efficacy is contrary to or contrary to the rules which have been Set by Article 4.1, third paragraph , or 4.3, third member, of the Spatial Planning Act .
2 If there is a breach of the rules referred to in paragraph 1, the application shall be considered to be an application for an authorisation of an activity as referred to in Article 3 (1). Article 2.1, first paragraph, point (c) , and the authorization shall be refused only if the authorisation is subject to the application of Article 2.12 is not possible.
1 In so far as the application relates to an activity as referred to in Article 2.1, first paragraph, point (c) , the environment permit may be granted only if the activity is not in conflict with good spatial planning and:
a. if the activity is in conflict with the zoning plan or the management regulation:
1 °. by applying the derogation rules laid down in the destination plan or management regulation;
2. in the cases designated by a general measure of management, or
3 °. in other cases, where the justification for the decision contains a good spatial basis;
b. if the activity is in conflict with the exploitation plan: by applying the rules on derogation which it contains;
c. if the activity is in conflict with the rules set pursuant to Article 4.1, third paragraph , or 4.3, third member, of the Spatial Planning Act : to the extent that the rules in question allow derogation from them;
d. if the activity is in conflict with a preparatory decision: by applying the derogation rules set out in the preparatory decision.
2 In the case of, or under general management, rules may be laid down concerning the content of the spatial underpinnings referred to in paragraph (a) (3) below.
In so far as the application relates to an activity as referred to in the Article 2.1, first paragraph, point (d) , if fire safety is not adequately insured for the foreseeable use of the construction work, the environment permit shall be refused.
1 In so far as the application relates to an activity as referred to in Article 2.1, first paragraph, point (e) :
(a) in the case of the decision on the application, it shall, in any event, include:
1. the present state of the environment, in so far as the establishment or the mining work can have an effect on it;
2. the effects on the environment, including in their common position, which may cause the establishment or the mining to be carried out, taking into account the technical characteristics and geographical location thereof;
3. the developments relating to the establishment or mining work and the area in which the establishment or mining work will be, or is situated, reasonably foreseeable developments of importance for the protection of the environment;
4 °. the before end of the in Article 3:16 of the General Administrative Law Period of time referred to or Article 3.12, sixth paragraph Opinions and views expressed in the period indicated;
5. the possibilities for the protection of the environment, the adverse effects on the environment, which may cause, prevent, or minimise the establishment or the mining work, provided that they cannot be prevented;
6. the system of technical, administrative and organisational measures relating to each other in order to monitor, control and, in so far as the effects of the establishment or mining work, to monitor, monitor and, to the extent that, to reduce, to reduce the person making the establishment or the mining work, in respect of the establishment or mining work, and the environmental policy which he pursues in relation to the establishment or mining work;
(b) in any event, the competent authority shall take account of:
1 °. the environmental policy plan applicable to it;
(2 °) the provisions of the Articles 10.14 and 10.29a of the Environmental Protection Act ;
3 °. the guide values for the components of the environment, for which the establishment or mining work may have effects, in so far as the obligation to take account of that obligation is committed by virtue of, or in accordance with, the provisions of Article 5.2 or 5.17 of the Environmental Protection Act ;
(c) in any event, the competent authority shall in any case be in accordance with the following:
(1) that at least the best available techniques available for the establishment or the mining work are to be applied in the establishment or mining work;
2. the limit values applicable to the components of the environment, for which the establishment or mining work may have effects, in so far as the obligation to comply with it has been laid down pursuant to or in accordance with the conditions laid down in Article 2 of the Article 5.2 of the Environmental Protection Act , is committed to or under Article 5.16 of that Act , or, in so far as the establishments are concerned, the Articles 40 , 44 to 47 , 50 , 51 , 53 to 56 , 59 to 61 , 63, second paragraph , 64 , 65 or 66 of the Noise Act ;
3 °. by way of derogation from paragraph 2, the competent authority shall, in so far as it relates to the limit values in force, take effect from the articles of the Noise-noise law , in deciding on the application for a licence for an establishment, located on an industrial site for which a noise reduction plan is intended to be used in the Article 67 of the Noise Nuisance Act has been established, the applicable noise reduction plan shall be observed;
4. the parts of the opinion, referred to in Article 2.26, second paragraph In so far as it does not conflict with the provisions of the other parts of this paragraph or of the second paragraph, or in the case of the provision of, or in respect of, the Article 2.22 ;
(d) and involve the competent authority in that decision, as referred to in a general measure of management, as intended Article 5.1 of the Environmental Protection Act environmental quality requirements for the implementation of an EU Directive or EU Regulation, as indicated in that measure, in so far as the obligation to do so pursuant to or in accordance with Article 5.2 of the Environmental Protection Act is laid down in that measure.
2 In so far as the application for an activity referred to in the first paragraph relates to an establishment in which substances are part of an activity Article 9.2.3.1, second paragraph, of the Environmental Protection Act Designated category may be present and belongs to a category designated by a general management measure, the competent authority shall ensure that the decision on the application does not have the effect of reducing the amount of the distance is present between that establishment and a protected natural monument or area designated as such under Article 10 of the Nature Conservation Act 1998 or an area designated as such under Article 10a of that Act Or provisionally designated as such under Article 12 of that Act . In assessing the distance, the competent authority shall include the measures which are or are being taken to deal with an occurrence as referred to in Article 4 (2). Article 17.1 of the Environment Where substances referred to in the first sentence are involved and which cause serious environmental hazards, prevent or reduce their effects on the environment.
3 In so far as it concerns an activity as referred to in the first paragraph, the environmental authorisation may be refused only for the purpose of protecting the environment.
4 The competent authority shall state in the grounds of the decision on the application, the manner in which the aspects referred to in point (a) of the first paragraph have been affected by the content of the decision. Where application is made to paragraph 1 (c) (3 °), the competent authority shall state that in the statement of reasons.
5 By way of derogation from the first to fourth paragraph, in cases such as: Article 3.10, third paragraph , the environment permit granted if the conditions laid down in the latter paragraph are met.
6 In the case of, or under general management, rules shall be laid down as to how the best available techniques to be taken into account for an establishment or mining work are to be determined. It may be laid down that the rules laid down apply only in cases falling within a category designated in that category.
7 When applying the first paragraph, land and construction work shall be taken into account in the environment of the establishment in accordance with the zoning plan, the management regulation, or, if applicable, Article 2.12, first paragraph , from the zoning plan or the management regulation has been waived, the environment permit.
In so far as the application relates to an activity as referred to in the Article 2.1, first paragraph, point (f) , the environmental permit may be granted only if the importance of the content of the content is not precluded. In deciding on the application, the competent authority shall take into account the use of the monument.
In so far as the application relates to an activity as referred to in the Article 2.1, first paragraph, point (g) or (h) , the environment permit may be refused if, in the opinion of the competent authority, it is not likely that another construction work may or will be built on the site of the construction work to be demolished.
In so far as the application relates to an activity as referred to in the Article 2.1, first paragraph, point (i) , the environment permit may only be granted or refused on the grounds specified in the relevant general measure of management.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
In so far as the application relates to an activity as referred to in the Article 2.2 the environment permit may be granted or refused only on the grounds specified in the relevant regulation.
Where, pursuant to a statutory provision, the application also relates to an activity other than that of the Article 2.1, first paragraph , and 2.2 , the environmental permit for that activity may only be granted or refused on the grounds specified in the relevant legal requirement.
1 In so far as the application relates to an activity as referred to in Article 2.1, first paragraph, point (a) In Article 2.1, first paragraph, point (e) relating to an establishment, the competent authority may, in cases other than those specified in the Annex to this Directive, be authorised to apply the Article 2.10 , below Article 2.14 refuse only in the case and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration , except that for the application of Article 3 of that Act In so far as this law is concerned, the person concerned shall be understood to mean the person who can reasonably be equated with the applicant for the environment authorization on the basis of the facts and circumstances.
2 Before applying to the first member, the Office may promote integrity assessments by public administration, intended in Article 8 of the Law of Promotion of Integrity Assessments by Public Administration , for an opinion as referred to in Article 9 of that Act will be requested.
3 In the case of a general measure of management, provision may be made for the second member to apply mutatis mutandis to an application for an environmental permit in respect of an activity as referred to in Article 3 (2). Article 2.1, first paragraph, point (i) , for which the measure provides that an environmental permit may be refused in the case and under the conditions referred to in paragraph 1.
In so far as the application relates to an activity requiring a declaration for the purpose of the environment permit, as referred to in Article 2.27, first paragraph , the environment permit is denied for that activity if the statement is denied.
If an application relates to a project consisting of different activities and the environmental permit for that project due to the Articles 2.10 to 2.20a In order to be refused, the competent authority may, at the request of the applicant, grant the environment authorisation for the activities for which it is not required to be refused.
1 In an environmental permit, the project and the activities to which it relates are clearly described.
2 The requirements are attached to an environmental permit, which are necessary for the sake of the importance of the activity in question in the specific case of, or under the conditions of, the Articles 2.10 to 2.20 . If application is provided to Article 2.27, fourth paragraph , an environment permit shall also be subject to the requirements laid down in the declaration. The rules related to the environmental permit are coordinated.
3 In the case of, or under general management, rules relating to the linking of requirements to the environmental permit shall be laid down in such appropriate categories of activity or cases. This may include rules relating to:
(a) rules implementing a convention applicable to the Netherlands or a decision of international law governing the physical environment of the Netherlands, binding on the Netherlands;
(b) requirements, including an obligation to comply with further requirements set by a regulatory body designated by the regulation;
(c) rules, including an obligation for the governing body designated under subparagraph (b) to disclose to a public knowledge of the requirements referred to in that subparagraph;
d. provisions necessary to ensure the importance of archaeological heritage;
e. requirements which cannot be associated with the environment permit.
4 In the case of a regulation as referred to in Article 2.2 the categories of activities concerned may also be subject to rules relating to the linking of requirements to the environmental permit.
5 In so far as the activity is subject to general binding rules, the rules relating to the licence may derogate from those rules only in so far as they are permitted by those rules. By way of derogation from the first sentence, an environmental permit related to an activity as referred to in Article 2.1, first paragraph, point (e) In respect of an establishment to which an IPPC installation belongs, provisions derogating from the general binding rules referred to in the first sentence, in so far as those requirements are not fulfilled by the provisions of the provisions of the Directive, are not met. or, by virtue of the second or third member or Article 2.14 .
6 In the case of, or under general management, rules may be laid down for the preparation, shaping, setting or making available of an environmental permit or on the practicability of the categories in the designated categories thereof. of these.
1 In an environmental permit for continuous activity, it may be determined that, in so far as it relates to that activity, it shall be valid for a period specified in that operation.
2 In the case of a general measure of management, where activities referred to in the first paragraph are concerned, cases where the environment permit shall stipulate that it applies only to a period specified in that procedure may be designated. The measure may lay down, in respect of that period, the following:
a. A maximum for which it may apply; or
(b) the categories of cases in which they may be renewed.
1 In an environmental permit for a descending activity, it may be determined that, in so far as it relates to that activity, the holder of the authorisation shall, after the expiry of a period specified in the course of the environment, be subject to the conditions laid down in the Annex. (i) have recovered the existing condition of the environment.
2 In respect of activities referred to in the first paragraph, in the case of activities referred to in the first paragraph, the management may specify that the holder of the authorisation shall provide for the holder of the authorisation after the expiry of one of the marketing authorisations. time limit set, a duty as referred to in the first paragraph. With regard to that period, Article 2.23, second paragraph, final sentence , mutatis mutandis.
An environmental permit may provide for the requirement to remain in force for a period specified after the licence has lost its validity.
1 In an environmental permit with respect to a seasonal construction work, it may be determined that the relevant construction work can be constructed, used and demolished for consecutive calendar years under that permit.
2 In an environmental permit with respect to a seasonal construction work, the successive periods of a calendar year shall determine the construction, use and demolition of the relevant construction work.
1 An environmental permit shall apply to any person carrying out the project to which it relates. The holder of the authorisation shall ensure that the rules relating to the environment authorisation are complied with.
2 If an environmental permit is to apply to a person other than the applicant or the holder of the authorisation, the applicant shall inform the holder of the authorisation, indicating the competent authority, at least one month prior to that date. General measure of management.
3 In the case of a general measure of management, categories of cases may be designated, where the environmental authorisation shall only apply to the person to whom it is granted. It may also provide that appropriate categories of cases are:
(a) the environmental permit shall continue to be valid for the successors of the person to whom it is granted, for a period specified in that time;
b. the environmental permit also applies to a legal person to whom it has been transferred by another legal person, if it has been authorised by the competent authority.
1 In response to an application relating to an activity as referred to in Article 2.1, first paragraph, point (e) , where waste water or other waste is transferred from an establishment or mining work to a supply for the collection and transport of waste water, the competent authority shall establish the administrative body responsible for the management of the waste water collection and the management of waste water. Purity technical work, of the type Article 1.1, first paragraph, of the Water Law The possibility of an opinion of the surface water on which the waste water is brought from that facility.
2 If, as a result of the activity for which authorisation is requested:
(a) the effective functioning of the purification process, intended to be carried out in accordance with Article 1.1, first paragraph, of the Water Law , would be impeded, or
b. the in case of a general measure of management as intended by Article 5.1 of the Environmental Protection Act environmental quality requirements for surface water bodies in the implementation of an EU Directive or an EU Regulation were to be exceeded,
the advice may be that the rules contained therein which are necessary to prevent such effects are to be subject to the authorisation. If such effects cannot be prevented, the opinion may be that the authorization must be refused in whole or in part.
3 The competent authority shall set out, in the case of a general measure of management, and, in cases such as: Article 2.2 -the administrative bodies or other bodies designated by the regulation in question, in cases which are part of a category designated by that measure, shall have the opportunity to deliver an opinion on the application or the design of the decision on the application for an environmental permit.
4 The competent authority may request an advisory board appointed as an adviser on the grounds of an application for an opinion on the following:
a. the information to be included in the decision to be taken on the application,
b. The requirements to be attached to the licence;
in the case of activities that will take place within the territory of the legal person to which the administrative body concerned belongs and in respect of which it possesses particular expertise.
1 In the case of cases designated by law or general measure of management, an environmental authorisation shall not be granted after a designated administrative body has stated that it has no reservations. In the case of a measure referred to in the first sentence, only categories of cases where, in order to carry out the activity in question, a separate authorization from the designated administrative body is desirable, the special nature of the measure must be expertise which that body has in respect of that activity or the responsibility of that body for the policies relating to the category of activities concerned. Such a measure may provide for the designated administrative body to designate categories of cases in which the declaration is not required.
2 By way of derogation from Article 10:32 of the General Administrative Law Act is Section 10.2.1 of that Act , with the exception of Article 10:28 , not applicable in relation to the declaration.
3 The statement may be given or refused only in the interest shown in the relevant law or general measure of management.
4 The governing body which gives the declaration shall determine that the relevant requirements for the interest referred to in the third paragraph are to be attached to the environmental permit.
5 The declaration shall be indicated in the decision on the application. A copy of that copy shall be attached to each copy of that Decision.
If, for the purposes of the decision on the application for an environmental permit under more than a legal requirement, a certificate from the same administrative organ is required, that governing body shall decide on that in a single declaration.
1 A governing body responsible for the establishment of the environmental permit was a declaration as intended Article 2.27, first paragraph The competent authority may request the authority to modify requirements of the environmental authorisation or to withdraw all or part of the environmental permit. A request may be made only by:
(a) the Governing Body which was empowered to give a declaration: in so far as it concerns the activities for which the declaration was issued;
b. An adviser: as far as aspects of which he may be able to deliver an opinion in the development of the environment permit are concerned.
2 In so far as an environmental permit relates to an activity related to a device as intended Article 2.1, first paragraph, point (e) , may the Minister have the power to make any request to the competent authority to amend, within a time specified in that regard, the environmental permit or the requirements of the environmental authorization if an occurrence such as that of the institution is concerned, in the establishment concerned. Article 17.1 of the Environment occurs or has occurred, or if Title 17.1A of that Act applies, an event as referred to in Article 17.5a of that Act occurs or has occurred.
3 Where the competent authority results in a request as referred to in the first or second paragraph, it shall forward a copy of the decision to amend the requirements of the environment permit or amendment, or total or partial withdrawal of the environmental permit to the administrative body concerned.
1 In so far as the environmental permit relates to an activity related to a device as intended Article 2.1, first paragraph, point (e) The competent authority shall, on a regular basis, ensure that the rules attached to an environmental permit are still sufficient in view of developments in the field of technical possibilities for the protection of the environment and the development of the environment. regard to the quality of the environment. Developments in the field of technical possibilities for the protection of the environment shall include the adoption of new or revised conclusions on best available techniques, in accordance with Article 13, fifth and seventh paragraph, of Directive No 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (PbEU L 334).
2 In the case of general management measures, rules may be laid down for the protection of the environment with regard to the manner in which the first paragraph is applied in respect of designated categories of establishments. The measure may stipulate that the rules set out in this Article shall apply only in appropriate categories.
1 The competent authority shall amend the requirements of the environment permit:
a. for the execution of a request as referred to in Article 1 Article 2.29, first paragraph, second sentence, point (a) , or a designation as intended Article 2.34, first paragraph ;
b. if by application of Article 2.30, first paragraph In view of the development of technical possibilities for the protection of the environment, it is clear that the adverse effects of the establishment on the environment may further, or, in view of the development of the quality of the environment, continue to be be restricted;
c. In cases where the environmental permit has been granted by way of law, to the extent necessary to prevent serious adverse effects on the physical environment, or, where such effects cannot be prevented, it shall, as far as possible, be to be limited;
d. to the extent that it relates to an activity as referred to in Article 2.1, first paragraph, point (i) , in so far as it is determined by the relevant general measure of management;
e. to the extent that it relates to an activity as referred to in Article 2.2 , as provided for in the Regulation in question,
f. to the extent that it relates to an activity as referred to in Article 2.19 , in so far as it is determined by the relevant legal requirement.
2 The competent authority may amend the requirements of an environmental authorisation to the extent that they relate to:
a. an activity as referred to in Article 2.1, first paragraph, point (d) , to the extent that it is in the interests of fire safety for the foreseeable use of the construction work;
b. an activity as specified in Article 2.1, first paragraph, point (e) , to the extent that this is in the interests of protecting the environment;
c. an activity as specified in Article 2.1, first paragraph, point (i) , on the grounds set out in the relevant general measure of management;
d. an activity as specified in Article 2.2 , on the basis of the grounds set out in the Regulation;
e. an activity as specified in Article 2.19 , on the grounds set out in the relevant legal requirement.
1 If application is given to Article 2.31, first paragraph, introductory wording and point (b) , the competent authority shall, to the extent necessary, comply with the environmental authorization required for the application of techniques other than those on which it is intended. Article 2.8, first paragraph, second sentence , in or in the case of the application for the authorisation of particulars or documents.
2 Where the power of authority intends to apply to Article 2.31, first paragraph, introductory wording and point (b) , where requested, the holder of the authorization shall provide the competent authority with the information necessary for such an application.
Our Minister modifies the environmental permit or regulations of the environment permit to the extent that they relate to an activity related to a device as intended Article 2.1, first paragraph, point (e) If an occurrence is considered to occur in the establishment concerned, Article 17.1 of the Environment occurs or has occurred, or if Title 17.1A of that Act applies, an event as referred to in Article 17.5a of that Act occurs or has occurred and requested as a matter of urgency a request to Article 2.29, second paragraph , does not permit the competent authority to fail to comply with the request made under that paragraph within the time limit specified in that paragraph.
1 The competent authority shall revoke the environment permit, provided that:
(a) the implementation of an instrument of international law required by the Netherlands or by the Netherlands of an international organisation required by the Netherlands;
b. this refers to an activity as referred to in Article 2.1, first paragraph, point (e) , if by application of Article 2.31, first paragraph, introductory wording and point (b) , it cannot reasonably be achieved that at least the best available techniques available for the establishment or the mining work are applied in the establishment or mining work;
c. necessary for the execution of a request as referred to in the Article 2.29, first paragraph, second sentence, point (a) , or a designation as intended Article 2.34, first paragraph ;
(d) the establishment or the mining operation must have an unacceptable adverse effect on the environment and the application of Article 2.31 does not reasonably provide a solution for this;
(e) if it relates to an activity which has, or is likely to have, an unacceptable serious adverse effect on the physical environment, and Article 2.31, first paragraph, introductory wording and point (c) , does not reasonably provide a solution to that effect;
f. this relates to an activity as referred to in Article 2.1, first paragraph, point (e) , if the establishment is a landfill as intended Article 8.47 of the Environmental Protection Act or a waste facility as referred to in Article 1.1 of that Act If the landfill or waste facility is section 8.2 of that Act is declared closed;
g. this refers to an activity as referred to in Article 2.19 , in cases provided for in the relevant legal requirement.
2 The competent authority may withdraw the environmental permit in whole or in part, provided that:
a. For a period of three years, or if the licence relates to an activity as referred to in Article 2.1 (1) (a), (b) (g) (g) In the course of 26 weeks the time limit laid down in the licence, no action has been taken with the use of the licence;
(b) the permit holder has therefore requested;
c. this refers to an activity as referred to in Article 2.1, first paragraph, point (d) If necessary for the purpose of fire safety in view of the intended use of the construction work, and it is not possible to apply the fire Article 2.31, second paragraph, point (a) , sufficiently to protect that interest;
d. this refers to an activity as referred to in Article 2.1, first paragraph, point (e) , if:
1. this is necessary in the interests of efficient management of waste;
2 °. the establishment or mining work has been destroyed in whole or in part;
e. this relates to an activity as referred to in Article 2.1, first paragraph, point (f) If the conditions on the side of the holder of the authorisation have changed so that the importance of the content of the content must weigh more heavily;
f. this relates to an activity as referred to in Article 2.1, first paragraph, point (i) , on the grounds set out in the relevant general measure of management;
g. this refers to an activity as referred to in Article 2.2 , on the basis of the grounds set out in the Regulation;
h. this refers to an activity as referred to in Article 2.19 , on the grounds set out in the relevant legal requirement.
3 To the extent that a request from a permit holder to complete or partial withdrawal of an environmental permit relates to an activity as referred to in Article 2.1, first paragraph, point (e) , the competent authority shall withdraw the environmental permit only in whole or in part where the importance of the protection of the environment does not preclude such action.
1 The Minister may, if it is in the public interest, give the competent authority an indication of the taking of a decision in respect of an application for an environmental permit or in respect of an already granted authority. Environment authorisation for measures to avoid exceeding one or more risk caps identified for mainline railways as referred to in Article 3 (2) of the EC Treaty Article 15, third paragraph, of the Dangerous Substances Act . This entitlement does not apply:
a. in relation to activities as referred to in Article 2.2 ;
b. in cases where an Onzer other Ministers is the competent authority;
c. with regard to a statement by an Onzer other Ministers, and the corresponding thereto pursuant to Article 2.27, fourth paragraph , indicated or specified rules to be provided.
2 Before giving any indication to the Minister, our Minister, in consultation with the municipalities concerned and the railway infrastructure manager, shall determine which measures will be taken by the Kingdom and these parties to ensure that the current risk ceiling is exceeded. limit as much as possible. He shall communicate the intention to the States General, giving the reasons therefor.
3 The competent authority shall give notice in writing to our Minister of the manner in which the designation has been taken.
4 The designation shall be indicated in the decision of the competent authority in respect of which it was given. A copy of that copy shall be attached to each copy of that Decision.
5 If the competent authority does not or does not give full effect to a designation as referred to in paragraph 1, our Minister may take a decision as referred to in the first paragraph on behalf of the legal person to which the administrative organ concerned belongs.
1 In a case belonging to a under Article 4.1 Designated category may be connected to a decision, in whole or in part, of the environmental permit in accordance with the relevant general measure of management.
2 In a decision referred to in paragraph 1, a provision referred to in paragraph 1 may, in so far as it is specified, remain subject to the requirements of the environment licence for a period to be specified in that paragraph. Apply.
1 The application for an environmental permit is submitted to the mayor and aldermen of the municipality where the project is to be mainly implemented or is being implemented. If mayor and aldermen do not have competence to decide on the application, the application may be submitted to the competent authority. In that case, the competent authority shall send a copy of the application to the mayor and aldermen of the municipality in which the project in question is to be carried out mainly or is being carried out.
2 The institution in which the application is submitted shall without delay provide the applicant with proof of receipt of the application, stating the date on which it has received the application. By way of derogation from Article 14, first paragraph, introductory wording and point (b) of the Services Act The obligation referred to therein shall apply in so far as it relates to proof of receipt, as referred to in the first sentence, to the institution in which the application was lodged. Article 29 of the Services Act does not apply.
3 The competent authority shall, as soon as possible after receiving the application, send to the applicant a notice stating that it is competent to decide on the application and, where appropriate, specify:
(a) the procedure to be followed for the preparation of the decision;
b. which period of the decision is to be applied; and
c. the available remedies for the purpose of coming against the decision.
If on preparation of the decision Section 3.2 The competent authority shall also indicate that the requested decision has been taken in due course if the application has not been decided in good time.
4 In the case of a general measure of management, categories of cases where the competent authority shall transmit the application or any other information or documents to the designated categories of administrative or other bodies may be designated.
5 If an environmental impact report is to be made when the decision is being prepared on the application, Article 13.2 of the Environment applicable.
In any case, the competent authority may rely on data and surveys which are not over two years old when granting an environmental authorisation.
In so far as the importance of the security of the State so requires, the competent authority may apply Section 3.4 and Article 3:44 of the General Law governing the administrative law and of the Articles 2.26 and 3.19 In whole or in part, omit.
In so far as the application relates to an activity as referred to in the Article 2.1, first paragraph, point (f) , to the point of a church monument as intended in Article 1.1 of the Erfgoedwet The competent authority shall take no decision than after consultation with the owner. In so far as it concerns a decision in which essential interests of profuse by religion or belief in that monument are at stake, the competent authority does not take a decision than in accordance with the owner.
1 If the application relates to an activity as referred to in Article 2.1, first paragraph, point (a) or (b) The competent authority shall, by derogation from Article 3.9, first paragraph , below Article 3:18 of the General Administrative Law , the decision on, if there is no ground to refuse the licence but for the area in which the activity will be carried out before the date of receipt of the application:
(a) a preparatory act has entered into force;
b. a destination plan has been made available in design;
c. a statement as referred to in Article 4.1, fifth paragraph , or 4.3, fourth paragraph, of the Spatial Planning Act has been published;
d. a zoning plan has been established;
e. A zoning plan has been published after its adoption.
The decision on an application to provide an environment permit for an activity as intended Article 2.1, first paragraph, point (b) , which is prescribed with application of Article 3.7, third paragraph, of the Spatial Planning Act shall not be held.
2 The arrest lasts until:
a. Preparation decision in accordance with Article 3.7, fifth or sixth paragraph, of the Spatial Planning Act has expired;
b. the time limit for determining the destination plan as a result of: Article 3.8, first paragraph, point (e) of the Spatial Planning Act has been exceeded;
(c) the time limit for the publication of the zoning plan after the adoption of the Article 3.8, third, fourth or sixth paragraph, of the Spatial Planning Act has been exceeded;
d. the zoning plan has entered into force or has been quashed in occupation;
e. the period, mentioned in Article 4.1, fifth paragraph , or 4.3, fourth paragraph, of the Spatial Planning Act has been exceeded;
f. the Regulation referred to in Article 4.1, of the Spatial Planning Act or the general measure of governance, referred to in Article 4.3 of that Law has entered into force.
3 By way of derogation from the first sentence of the first sentence, the competent authority may grant the environment authorisation if the activity does not conflict with the planning plan in preparation.
4 If the application relates to an activity as referred to in Article 2.1, first paragraph, point (a) or (b) The competent authority shall, by derogation from Article 3.9, first paragraph , below Article 3:18 of the General Administrative Law , the decision also applies if there is no ground to refuse authorisation and the application concerns an activity in an area in which, before the date of receipt of the application, a decision designating as a protected urban or village face is It has not yet been subject to any protection plan or management regulation for which it is not subject to protection.
5 The arrest, as referred to in paragraph 4, shall take effect on the basis of a Article 36 of the Monuments Act 1988 like that law before the entry into force of the Heritage Act has entered into force to establish its destination plan or management regulation.
6 By way of derogation from the fourth paragraph, the competent authority may grant the authorisation if the activity is not in conflict with the intended purpose of protecting the protected urban or village face. Before any decision is taken, the competent authority of the Minister for Education, Culture and Science is responsible.
1 If the application relates to an activity as referred to in Article 2.1, first paragraph, point (g) or (h) , may have jurisdiction, by way of derogation from Article 3.9, first paragraph , below Article 3:18 of the General Administrative Law suspend the decision if an environmental permit has been requested for a construction work to be built instead of the construction work, but has not yet been decided on that application.
2 In a case referred to in the first paragraph, the detention shall take place until irrevocably on the application for the environment permit.
1 If the application relates to an activity as referred to in Article 2.1, first paragraph, point (a) or (b) , and is subject to an operating plan, shall hold the competent authority by way of derogation from Article 3.9, first paragraph , below Article 3:18 of the General Administrative Law , the decision on, where there is no basis for refusing authorisation and the operation plan, which is established for the land covered by the application, is not yet irrevocable.
2 The detention shall take place until an operational plan is irrevocable.
3 By way of derogation from the first paragraph, the competent authority may grant the environment authorisation if an established appeal cannot have an impact on the assessment of the activity requested or the assessment of the activity of that activity. rules, or if, in the opinion of the competent authority, these effects do not outweVe the importance of the granting of the environment permit.
1 The competent authority shall be responsible for the arrest on the basis of Article 3.3 or 3.5 notification to the applicant.
2 In cases where a decision on the application for an environmental permit is held for the application of Article 3.9 , below Article 3:18, 1st paragraph, of General Law governing law instead of the date on which the application was received, the date on which the detention ends shall be based.
1 This paragraph applies to the preparation of decisions, unless: Section 3.3 shall apply to them.
2 By way of derogation from paragraph 1, this paragraph shall also apply to the preparation of a decision as referred to in Article 4 (2). Article 3.10, third paragraph .
The competent authority shall give authority in the application of Title 4.1 of the General Law governing the administrative law also without undue delay knowledge of the application for an environmental permit in one or more day-, news-or house-to-house magazines or in any other appropriate manner. It mentions the Article 3.1, second paragraph , the date on which the application was received.
1 The competent authority shall decide on the application for an environment permit within eight weeks from the date of receipt of the application. At the same time as or as soon as possible after the publication:
(a) the communication of that Decision to the manner in which it is to be Article 3.8 has notified the application; and
(b) shall transmit to the designated administrative bodies a copy of that decision in any of the categories designated by a general measure of management.
2 The competent authority may extend the period referred to in the first paragraph for a period of not more than six weeks. It shall make its decision known to do so within the first time limit. It shall also inform thereof as soon as possible of the manner in which it is based. Article 3.8 has notified the application.
3 Section 4.1.3.3 of the General Administrative Law Act With the exception of the Articles 4:20b, third member , and 4:20f , applicable to the preparation of the decision on the application. In the case of a general measure of management, categories of cases may be designated in which the preparation of the decision on an application for breach of the Treaty or a decision of a Netherlands binding on the Netherlands may be decided upon. international law enforcement is excluded from the application of the first sentence.
4 The competent authority shall inform the Commission as soon as possible of the publication of the notice, Article 4:20c of the General Administrative Law Law , the manner in which: Article 3.8 has notified the application.
1 Section 3.4 of the General Administrative Law Act shall apply to the preparation of the decision on the application for an environmental permit, where the application relates, in whole or in part, to:
a. an activity as referred to in Article 2.1, first paragraph, point (c) , to the extent that there is conflict with the zoning plan or a management regulation and only permit can be granted with application of Article 2.12, first paragraph, point (a), below 3 ° ;
b. an activity as specified in Article 2.1, first paragraph, point (d) ;
c. an activity as specified in Article 2.1, first paragraph, point (e) ;
d. an activity as specified in Article 2.1, first paragraph, point (f) , as far as this activity is Article 2.26, third paragraph , an adviser has been appointed;
e. a case in which a statement is required, as intended in Article 2.27 ;
f. a case that belongs to a category designated by a general measure of management, with potentially significant consequences for the physical environment or interests of third parties;
g. an activity as specified in Article 2.19 In so far as this is indicated in the relevant legal requirement.
2 The competent authority may provide that the application of Article 3.1 or Section 3.4 of the General Administrative Law In whole or in part, if:
(a) the application relates to an activity whose execution is necessary in the short term as a result of an unusual circumstance;
(b) the implementation of a Treaty of the Netherlands, or a decree of international law required by the Netherlands, required by the Netherlands.
3 By way of derogation from the first paragraph, introductory wording and point (c), Section 3.4 of the General Administrative Law not applicable to the preparation of the application to the application for an environmental permit in respect of a change in an establishment or mining work or its operation, which does not result in other or more adverse effects on the environment is authorised according to the applicable environmental authorisation for which there is no obligation to make an environmental impact report as intended Chapter 7 of the Environmental Protection Act , and which does not lead to any other establishment or mining operation than has previously been granted an environmental permit.
4 If on preparation of disposition on application to obtain an environment permit Section 3.4 of the General Administrative Law apply, are also the Articles 13.6 , 13.9 and 13.11, first paragraph, introductory wording and point (c) of the Environmental Protection Act applicable.
1 The competent authority shall transmit to the governing body empowered to give a declaration as referred to in Article 1 (2). Article 2.27 , without delay, a copy of the application and the documents attached thereto.
2 At the request of the Governing Body, the competent authority shall apply to Article 4: 5 of the General Administrative Law Act , to the extent necessary for the assessment of the elements of the application with which the declaration is required.
3 Opinions Article 3:15 of the General Administrative Law to be put forward, and advice from the Article 2.26 designated advisors may also include the design of the statement. In so far as that is the case, the competent authority shall immediately transmit them to the administrative body which gives the declaration. This shall give its opinion to the competent authority.
4 Where necessary for the purpose of preparing the declaration, the Governing Body empowered to give the declaration may request the competent authority to extend the period within which the decision on the application is to be made, application of Article 3:18, 2nd paragraph, of the General Law on Administrative Law in conjunction with Article 3.12, eighth paragraph . The competent authority shall extend the time limit in accordance with the request.
1 The competent authority shall be responsible for the application of the Divisions 3.4 and 3.6 of the General Administrative Law Act the provisions of the following paragraphs and the following: Articles 3.13 and 3.14 in eight.
2 A notification as referred to in Article 3:12 of the General Administrative Law and a communication as referred to in Article 3:44 of that Act shall be:
a. placed in the Official Gazette, in so far as it is required by a general measure of management;
b. has also been made and made available by electronic means, in so far as and in the manner in which it is prescribed by or under general management measures;
c. if application is given to Article 2.12, first paragraph, introductory wording and point (a) (3) , sent to those who are listed in the cadastral registration as owner of the grounds understood in the draft decision or as a limited beneficiary on those grounds, to the extent necessary for the purposes of application of Article 85 of the expropriation law .
3 In cases where a governing body other than mayor and alderman is competent authority, the draft decision, together with the relevant documents which are reasonably necessary for an assessment of the draft decision, shall also be available for inspection. in the municipality where the project concerned will mainly be or is being carried out.
4 The competent authority shall transmit to the institution empowered to give a declaration and to the categories designated by or on the basis of a general measure of management the relevant administrative bodies of the draft decision with the relevant administrative bodies documents that are reasonably necessary for an assessment of the draft decision and a copy of the decision on the application for an environmental authorisation.
5 Any person may bring forward views of the competent authority. In so far as a draft decision finds its basis in a designation as intended Article 3.13, second paragraph Those relating to a place specifically indicated may not relate to them.
6 In the case of a general measure of management under Article 2.26 may be laid down that, in the case of designated categories of cases, another period to be laid down applies to the issuing of an opinion than that provided for in Article 3:16 of the General Administrative Law .
7 By way of derogation from Article 3:18, 1st paragraph, of General Law governing law shall commence the period of decision referred to in that paragraph on the day following the date on which the institution is to be Article 3.1, second paragraph , received the request.
8 The Article 3:18, 2nd paragraph, of the General Law on Administrative Law the time limit laid down for the extension of the period within which the competent authority decides on the application for a maximum period of six weeks. The period within which the competent authority decides on the application may be extended once more than once. The extension and duration thereof shall be granted, taking into account the requirements of the Article 3:18, 2nd paragraph The eight-week period referred to in paragraph 1 shall be notified to the applicant. Article 31, fourth paragraph, of the Services Act does not apply.
1 In cases where application is given to Article 2.12, first paragraph, introductory wording and point (a) (3) Where the Member States or the inspector have expressed an opinion on the matter, which has not been taken up, the decision on the application shall be forwarded to them without delay and shall be published six weeks after the date of such transmission.
2 In a case referred to in paragraph 1, the Member States may, without prejudice to other powers conferred on them by our Minister, within the period referred to in that paragraph with regard to the relevant part of the Decision on the application to the competent authority a designation as intended Article 4.2, first paragraph , below Article 4.4, first paragraph, point (a) of the Spatial Planning Act -to ensure that the part does not remain part of the decision on the application which has been given. The notification of the decision to lead shall also be notified by electronic means. Article 4.2, second to fourth paragraphs , below Article 4.4, second to fourth paragraph, of that Act does not apply to that designation.
3 The Member States which have been deputed for, each other, mention to our Minister in the decision on the grounds, the facts and circumstances and considerations which prevent them from being the provincial or national national concerned. It is important to protect, with the commitment of other powers, to them.
4 If application is given to the first to third members, the decision on the application shall be published at the same time and in the same manner with the decision setting out the designation. By way of derogation from paragraph 1, such publication shall be made within seven weeks of the date of transmission of the notification referred to in that paragraph.
5 The decision setting out the designation shall be communicated to those who have expressed a view as regards the part of the decision taken in relation to the application made by that decision. The time limit for the submission of a notice of appeal against the decision concerning the designation shall start from the day following that on which this decision was made available.
6 The part, referred to in paragraph 2, shall be cancelled at the time when the decision, on the designation, has become final.
1 At the same time, with or as soon as possible after the publication of a decision by the competent authority of its own motion to amend an environmental permit or regulations of an environmental permit, or to total or partial withdrawal of the environment of an environment permit:
(a) the communication of that Decision in one or more day, news or house-to-house or other appropriate means;
(b) shall transmit to the designated administrative bodies a copy of that decision in any of the categories designated by a general measure of management.
2 With respect to an application for modification of requirements of the environmental permit or whole or partial withdrawal of the environmental permit, the Articles 3.1 , 3.8 and 3.9, first and second members , mutatis mutandis. If the permit holder applies for the change to requirements of the environmental permit or the total or partial withdrawal of the environment permit, the third and fourth member of Article 3.9 applicable mutatis mutandis.
3 By way of derogation from the first and second paragraphs, the preparation of a decision to amend the requirements of an environmental permit, or total or partial withdrawal of an environment permit Section 3.3 applicable, mutatis mutandis where the decision relates to activities or cases referred to in Article 3.10, first paragraph , with the exception of activities referred to in subparagraph (c) of that paragraph relating to mining operations and activities referred to in the third paragraph of that paragraph. The first sentence does not apply if application is given to: Article 2.32 or 3.23 .
In cases where an environmental permit or an amendment to requirements of an environmental permit is requested for the preparation of which Section 3.4 of the General Administrative Law is applicable and which relates to an activity as referred to in Article 2.1, first paragraph, point (e) , in relation to an establishment to which an IPPC installation belongs, involving an operation for which a water permit as referred to in Article 6.27, first paragraph, of the Water Law If Section 3.4 of the General Law governing law applies to the preparation of that water permit, the provisions of this paragraph shall be complied with in the application of this Law.
If a provision is included in the water permit as intended: Article 2.23 in respect of the period for which it applies, an equal provision may be included in the environmental permit.
1 The application for an environmental permit or amendment of regulations of an environment permit in accordance with Article 2.31 shall be submitted at the same time as the application for authorisation or modification of the water permit.
2 If the application for grant or change of the water permit has not been submitted within six weeks of the time at which the application for the environmental permit or amendment of regulations of the environment permit is submitted, the application have been left out of treatment for the environment permit.
3 If the application for granting or modification of the water permit is left out of treatment, the application for the environment permit shall also be left out of consideration.
1 The governing body responsible for the granting of the water licence shall deliver an opinion in order to ensure consistency between the decisions taken on the various applications. The opinion shall be delivered within eight weeks of receipt of the application for the environment permit or amendment of requirements of the environmental permit. Article 3.11, third paragraph, second and third sentences shall apply mutatis mutandis.
2 The body responsible for the granting of the water authorization shall also be given the opportunity to deliver an opinion on the draft decision on the application for the purposes of the environmental authorization or amendment of the provisions of the Directive on the protection of the environment. environment permit.
1 If mayor and aldermen are authorized to apply for the environmental permit or change of regulations of the environment permit, deputed states may, if so, to ensure consistency between the requirements of the directive. take decisions on individual applications for the purpose of protecting the environment and, where necessary, by way of derogation from the rules laid down in Article 1.3c of the Environmental Management Act In the event of a request from the competent institution to grant the water permit, to the Mayor and to aldermen, give an indication of the content of that decision.
2 A designation shall be issued within eight weeks of the day on which the draft decision on the application is made in accordance with Article 3:11, 1st paragraph, of General Law governing law has been made available for inspection. It shall not be given after consultation with the competent authority.
3 The designation shall be indicated in the decision of the competent authority in respect of which it has been given. A copy of that copy shall be attached to each copy of that Decision.
In any event, the statement of reasons for the decision shall state the influence of the relationship between the decisions taken in the various applications on the content of the environment permit or of the decision to amend the rules of the environment permit.
In respect of any change to requirements of an environmental permit other than on request, the Articles 3.16 , 3.17 , 3.19 , 3.20 and 3.21 applicable mutatis mutandis.
The competent authority may revoke an environmental permit, in whole or in part, if the water permit is completely or partially withdrawn.
1 In the case of a general measure of management, it may be laid down that in those designated categories of cases where an environmental permit relates to an activity which may have serious adverse effects on the physical environment, the person responsible for the management of the activity, which is required to provide financial security:
a. for the fulfilment of obligations under the environmental authorisation for the person concerned;
b. to cover his liability for damage resulting from adverse effects on the physical environment caused by the activity.
2 The measure lays down rules governing the form in which, the amount for which and the period of time for which the security is maintained and the conditions to be fulfilled before the obligation to lapse is allowed to lapse.
3 In cases referred to in paragraph 1 (a), the competent authority shall determine the amount to which the story takes place on the security for failure to comply with an obligation. The competent authority may recover the sum to be recovered in the case of a compulsory order.
1 The competent authority shall be aware of the addressee of a decision pursuant to:
a. Article 2.1, first paragraph, point a, b, c or h , in so far as they are subject to rules in the interests of archaeological content,
b. Article 2.1, first paragraph, point (b) or (c) , in so far as the environmental permit has been refused in the interests of the archaeological content of the building,
c. Article 2.1, first paragraph, point (e) (2 °), or (3) In conjunction with Article 8.1, first paragraph , in cases where the second paragraph of that Article does not apply,
e. Article 2.1, first paragraph, point (i) , in so far as it is determined by the general measure of management adopted pursuant to that section,
f. Article 2.1, first paragraph, point (e), 2 ° or 3 ° , with application of Article 2.6 , in so far as the rights conferred by the holder of the authorisation from authorisations previously granted under those parts have been amended,
g. Article 2.19 , in so far as it is determined by the relevant legal requirement,
i. Article 2.31, first paragraph, point (d) , in so far as it is determined by the relevant legal requirement,
j. Article 2.33, first paragraph, points (a), (b), (c), (d) or (e) or (f) (b) or (f) ,
k. Article 2.33, first paragraph, point (g) , in so far as it is determined by the relevant legal requirement,
l. Article 2.33, second paragraph, point (f) or (g) In so far as the general measure at issue is governed by the provisions of the basic regulation, or
m. Article 2.33, second paragraph, point (h) , in so far as it is determined by the relevant legal requirement,
which, as a result, costs or suffers any damage which is not reasonably or wholly attributable to his or his/her own motion, shall be subject to a remuneration to be determined by equity, if not otherwise incurred in a manner in which it is not otherwise reasonable compensation is or can be provided.
2 Where the decision on the application for a permit with application of Section 3.4 of the General Administrative Law is prepared, a request for reimbursement may be made after the transmission of the design of the decision to the applicant.
3 Where the competent authority has sought an opinion on a request for reimbursement or on its intention to grant it on its own initiative, it shall send a copy of the opinion to the person concerned. It shall indicate the period within which it may express its views on the opinion.
1 to the extent that Our Minister has agreed to grant a fee under Article 4.2 of costs or damage caused by decisions relating to activities relating to establishments as referred to in Article 2.1, first paragraph, point (e) The cost of this is borne by the State.
2 In cases where the competent authority is a decision referred to in Article 4.2, first paragraph , issued for the execution of a request by a governing body, as referred to in Article 4 (2), Article 2.29, first paragraph, second sentence, point (a) The cost of the allowance, in so far as the execution of that request is concerned, shall be borne by that administrative body, in so far as our Minister has not agreed to it.
3 In so far as the competent authority is a decision referred to in Article 4.2, first paragraph , has been given due to the applicability of provisions of a provincial environment regulation as intended Article 1.2, second paragraph, point (a) of the Environment In respect of an establishment which was already established at the time when the provision in question became applicable, a prohibition on the entry into force, change or change in the operation of establishments shall be subject to the costs of the operation of the institutions. damages to the province of the province, to the extent that those Member States have agreed to it.
This Chapter shall apply to the implementation and enforcement of the provisions of this Act, as well as to the implementation and enforcement of the provisions of, or pursuant to, the following:
- Monumentbill 1988 Where applicable in accordance with Article 9.1 of the Erfgoedwet ,
- Noise-noise law ,
- Water Act and
- Housing Act ,
to the extent that this is determined by or under the said laws.
1 The functions of the competent authority shall be:
to ensure the administrative enforcement of the rules applicable to the person implementing the project in accordance with or in accordance with the laws in question;
(b) collect and record information which is relevant for the purpose of carrying out the task referred to in point a (a);
(c) to deal with complaints relating to compliance with or under the laws concerned with regard to the implementation of the project in question.
2 If, as regards the execution of the project in question, a decision to impose a charge under administrative force, imposition of a charge on the penalty payment or withdrawal of a licence on the basis of a charge is imposed by the competent authority Article 5.19 After that decision has been given and, after that decision has been given, as a result of a change in the project in question, another governing body is authorised to grant the licence, the governing body which has given the decision shall remain competent to deal with to that Decision until
a. has become irrevocable and has been implemented, or the periodic penalty payment has been advanced; or
b. has been revoked, or the charge imposed by the decision is subject to a penalty payment in accordance with Article 5:34 of the General Administrative Law Act was removed.
3 In the exercise of the task referred to in paragraph 1, the competent authority shall take into account the environmental policy plan in force in respect of an establishment or mining activity.
4 In the case of categories designated by law or general measure of management, the Governing Body shall also have the power to give a declaration as referred to in Article 4 (2). Article 2.27, first paragraph , the task of which is to ensure the administrative enforcement, referred to in paragraph 1 (a). This task will be limited to the activities of the project for which the statement is required. The third paragraph shall apply mutatis mutandis to the exercise of this task.
1 To the extent that this Chapter is to be added to or pursuant to Article 5.1 shall be subject to the law referred to above, and an institution of a watery shall not be in a position, or is not, or is not, to take due account of, or failing to perform, an action in or pursuant to this Chapter, either by a decision requested by or under this Chapter, or are the Articles 121 to 121f of the ProvincieAct applicable mutatis mutandis.
2 By way of derogation from the first paragraph, § 5.2 at or under an in Article 5.1 shall be subject to the law and body of a watery, whether or not it is in a decision to be taken by a decision advanced by or pursuant to § 5.2, or is not performing an act requested by or pursuant to Paragraph 5.2, or has not been properly carried out, the Articles 124 , 124a and 124c to 124h of the Municipal Act applicable mutatis mutandis.
3 Chapter XVIII of the ProvincieAct shall apply mutatis mutandis to decisions taken by a body of a watery in or pursuant to this Chapter and non-written decisions, with a view to any legal action.
4 By way of derogation from the third paragraph Chapter XVII of the Municipal Act applicable, mutatis mutandis, in respect of a body of a water at or under § 5.2 decisions taken and non-written decisions, aiming at any legal effect.
1 Deputed states and mayor and aldermen of the municipalities belonging to a region as referred to in Article 8 of the Safety Regions Act or up to a circle of communes designated by our Minister and our Minister of Security and Justice, for that region or inner circle, for more than one region or region, draw up an environmental service in the in the interests of efficient and effective implementation and enforcement of the provisions of, or under, the laws concerned by the Member States concerned and the mayor and aldermen of the municipalities concerned.
2 The workspace of an environment service corresponds to the work area of one or more regions as specified in Article 8 of the Safety Regions Act or with the territory of a group of designated municipalities as referred to in the first paragraph.
3 An environmental service is set as public body, as intended in Article 8, first paragraph In conjunction with Article 52, first paragraph, of the Act on common rules by Member States and mayor and aldermen of the municipalities concerned, and in conjunction with Article 74, first paragraph, of that Act , if waterboards also set up an environmental service.
4 In the case of a general measure of management, tasks shall be designated, at least in the context of an environmental service.
Tasks relating to categories of devices:
a. for which to Article 8.40 of the Environmental Protection Act rules have been laid down in connection with the control of major accident hazards involving dangerous substances; or
b. to which an installation for industrial activities referred to in Annex I, Category 4, of Directive No 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (PbEU L334) should be implemented only by environmental services designated by that measure.
1 In order to ensure a good quality of the implementation and enforcement of the particular by or under the laws concerned by environmental services,
a. state provincial states, heard our Minister and the College of Prosecutors General, by regulation rules on the implementation and enforcement of the tasks, meant in Article 5.3, fourth paragraph, first and second sentences , which shall be carried out on behalf of the Member States, and
b. allows the city council, heard of deputed states, by regulation rules on the execution and enforcement of the tasks, intended Article 5.3, fourth paragraph, first sentence , other than tasks as referred to in the second sentence, which are carried out in the order of the mayor and aldermen.
2 Deputed states shall ensure that the rules referred to in paragraph 1 (a) are uniform for the tasks referred to in paragraph 1. Article 5.3 (4), fourth paragraph, second sentence , at the level of the environmental services in charge of those tasks. States and mayor and aldermen shall ensure that the rules governing the tasks referred to in Article 5.3, the fourth paragraph, the first sentence of the sentence, other than those referred to in the second sentence, are uniform at the level of the tasks assigned to them by those tasks. the responsible environmental service.
3 For the purpose of the uniformity of the rules referred to in paragraph 2, the governing bodies entrusted with the preparation of those rules shall ensure that the appropriate environmental services are to be coordinated, as referred to in Article 3 (2). Article 5.3 (4), fourth paragraph, second sentence Well, you know, they're in the environment.
4 In the case of a regulation of our Minister, cases where there is sufficient care to ensure uniformity, as referred to in paragraph 2, shall be designated, and coordination as referred to in the third paragraph, is not required.
The governing bodies concerned shall ensure good quality of the implementation and enforcement of the provisions of, or under, the laws concerned for tasks other than the tasks assigned to, or under, the Article 5.3, fourth paragraph . Provincial States, as the municipal council, can, after hearing our Minister and the Executive Board of the Office of the Prosecutors General, lay down rules on implementation and enforcement on behalf of the Member States, "Deputy Mayor" and "aldermen."
1 By order of Our Minister and Our Concern Ministers, every two years ' research on the effectiveness of the rules is carried out. Article 5.4, first paragraph , and the manner in which care is to be carried, Article 5.5 .
2 If, in the judgment of Our Minister and Our Ministers concerned, is found to be that the rules referred to in Article 5.4, first paragraph , not sufficiently effective, the care provided in the Article 5.5 , if it is not sufficiently effective, these rules can be placed on a general measure of administration.
3 The measure, referred to in paragraph 2, may stipulate that the rules shall apply only in the designated categories of cases. The measure does not contain any rules on activities as referred to in Article 2.2 .
4 The rules of our Minister may, in agreement with our Ministers concerned, lay down detailed rules on the provisions of the measure referred to in the first paragraph.
1 In the interest of effective implementation and enforcement of the provisions of or pursuant to the laws concerned, the general measure of management shall be governed by the rules on:
a. a strategic and programmatic implementation and enforcement of the provisions of, or under, the laws concerned by the relevant administrative bodies;
(b) a concerted exercise of powers with regard to the implementation and enforcement referred to in point (a) and the related activities between the administrative bodies involved in the maintenance and the maintenance of their authority; surveyors and the coordination of such activities in the activities of the bodies responsible for the enforcement of the law of the particular by or under the laws in question;
c. on the prioritisation of implementation and enforcement in so far as that priority is of superregional interest.
The measure does not contain any rules on activities as referred to in Article 2.2 .
2 The rules of our Minister may, in agreement with our Minister concerned, be subject to detailed rules on the provisions of the measure referred to in paragraph 1.
3 Our Secretary of State shall ensure that the implementation of the provisions of the first and second paragraphs is to be coordinated, in so far as such coordination is, in his view, of the above provincial interest.
1 Our Minister, Our Concerted Ministers and the governing bodies concerned shall communicate to each other and, to the extent that such information is necessary for the enforcement of the criminal law of the provisions of or under the laws concerned, to the authorities which are responsible for the enforcement of such laws, the information at their disposal in relation to the tasks referred to in Article 14 (2) of the EC Treaty. Article 5.3, fourth paragraph .
2 In the case of a general measure, other administrative bodies, offices and agencies, other than those referred to in paragraph 1, may be designated, acting on their own initiative, and, upon request, required information at their disposal for the purposes of the tasks, Intended in Article 5.3, fourth paragraph , to be provided to Our Minister, Our Concerted Ministers, the administrative bodies concerned or the bodies responsible for the enforcement of the provisions of the laws in question or under the laws in question, to the extent that such information is necessary are for an effective administrative and criminal enforcement of the provisions of or under those laws.
3 In the case of a general measure of management, rules shall be laid down:
(a) cases where, in any event, the obligation referred to in the first paragraph shall be subject to the provision of information and the means to which the information referred to in the first or second paragraph shall be supplied;
b. the processing of personal data specified in Article 1 (b) of the Personal Data Protection Act , by the governing bodies, supervisors, environmental services and by other bodies and bodies designated under paragraph 2, to the extent that such information is necessary for the enforcement of the criminal law of the provision of, or under the conditions of, the courts of relevant laws, and
c. Between who and the manner in which the costs are distributed, which are necessary to implement the provisions of and pursuant to this Article.
4 In the case of a general measure of management, the administrative bodies and agencies referred to in paragraphs 1 and 2 above, other than those at their disposal for the purposes of the tasks, may be determined by: Article 5.3, fourth paragraph -To be able to supply each other. That data shall be subject to the rules set out in paragraph 3 (b) and (c).
5 The rules of our Minister may, in agreement with our Minister concerned, lay down detailed rules on the provisions of the measure provided for in paragraph 3 and paragraph 4.
1 Appointed states shall ensure coordination within the province of the coordination of the implementation by the competent governing bodies of the provisions of, or pursuant to Article 5.7 .
2 On the quality and effectiveness of the implementation and enforcement of the provisions of the laws concerned, or under the laws concerned, Article 5.7 Consultations shall be held on a regular basis on the enforcement of the provisions of the laws concerned, or under the laws concerned, in the province in question.
For the consultations referred to in the second paragraph, the Member States deputed for the consultation procedure shall establish one or more consultation bodies. By invitation, other bodies responsible for the enforcement of the provisions of or under the laws concerned may take part in the consultations.
1 The supervision of compliance with or under the law concerned shall be subject to the responsibility of officials appointed by the decision of Our Minister concerned. Officials, who are under a ministry other than his office, shall not appoint them than they shall be in agreement with our Minister under whose ministry it is to be addressed.
(2) Rules relating to the performance of the task referred to in paragraph 1 shall not be set than in accordance with the rules laid down in the first paragraph for the officials designated under paragraph 1 and under a Ministry other than that of our Minister concerned. Our minister in question.
3 The supervision of compliance with the relevant law within their territory or under the law concerned shall also be subject to the responsibility of the Member States, of the Mayor and of the mayor or of the mayor or of any other person responsible for the implementation of the law in question. officials designated by administrative bodies.
4 In the case of a decision as referred to in paragraph 1, our Minister concerned may designate cases or categories of cases to which, by way of derogation from the third paragraph, officials appointed by his decision are solely responsible for supervising the application of the rules of the Compliance.
5 A decision as referred to in paragraphs 1 and 4 shall be communicated by the State Official Gazette.
1 The authorities designated by a decision of the Member States, the mayor and the mayor or other administrative bodies shall be responsible for monitoring compliance with the provisions of, or pursuant to, the application of the provisions of this Decision. laws in question in the region or circle, regional or other regions, for which the environment service is set up.
2 Our Minister may decide that the categories of activity which he shall designate include the supervisors employed in an environmental service, having jurisdiction outside the region or circle of control to ensure compliance with the provisions of the under the laws concerned.
1 With the detection of facts punishable by or under the law in question, without prejudice to: Article 141 of the Code of Criminal Procedure , in charge of Article 5.10 Officials referred to, to the extent to which they have been appointed by decision of our Minister for Security and Justice. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
Officials responsible for monitoring compliance with, or the detection of, criminal offences in respect of the provisions of, or pursuant to, the following:
a. This Act in relation to activities as referred to in:
1 °. Article 2.1, first paragraph, point (a), (b), (c), (d), , in so far as they concern dangerous wastes, f, g and h,
2 °. Article 2.1, first paragraph, point (i) , in so far as it is determined by the relevant general measure of management, and
3 °. Article 2.2 , in so far as it is established by the Regulation in question,
b. the Monumentbill 1988 like that law before the entry into force of the Heritage Act ,
c. the Environmental Environment Act , with regard to hazardous waste,
d. the Spatial planning law and
e. the Chapters I to III of the Housing Act ,
are competent, with a view to entering the necessary equipment, to enter a dwelling without the permission of the occupant.
The Governing Body responsible for administrative enforcement shall be empowered to impose a burden of administrative enforcement in order to maintain Article 5:20, 1st paragraph, of the General Law governing the administrative law , in so far as it concerns the obligation to cooperate in the implementation of the Article 5.10 designated officials.
Our Minister concerned is empowered to impose a charge under administrative constraints in order to enforce the provisions of, or under the law in question, in cases where:
(a) that he is responsible for the enforcement of the administrative enforcement of that law; or
(b) no other governing body shall have jurisdiction to do so.
The Governing Body which has given a decision imposing a charge under administrative action or imposing a charge on the penalty in respect of an infringement of the provisions for which the laws in question also have jurisdiction in or under the laws in question. by administrative enforcement, those bodies shall immediately send a copy of that Decision.
A decision imposing a charge under administrative coercion or imposition of a charge of periodic penalty payment aimed at complying with or pursuant to the law in question may entail the cessation or demolition of a construction work, or that provision, including the demolition of a construction work, aimed at combating or terminating the risk to health or safety shall be taken.
In a decision to impose a charge under administrative constraints or impose a penalty on compliance with the provisions of the law in question or under the law in question, the Governing Body which has taken the decision may decide that the decision is the legal successor to the person to whom the decision has been imposed, and to any successor in law. In such a case, unless special circumstances preclude the decision of that administrative body, the decision may be implemented in respect of that legal successor or any successor in law and may bear the costs of that instrument. Enforcement and a periodic penalty payment shall be sought from that legal successor or successor.
1 The governing body empowered to issue a licence or exemption may withdraw the authorization or exemption in whole or in part if:
(a) the authorization or exemption has been granted as a result of an incorrect or incomplete declaration;
b. is not in accordance with the permit or waiver or is acted;
(c) the rules or restrictions associated with the permit or exemption shall not be or are not complied with;
d. the general rules applicable to the holder of the authorisation or exemption, as such, shall not be or are being complied with.
2 A licence or exemption, relating to the management of hazardous waste, or other waste originating from elsewhere, may also be withdrawn, provided that such waste is managed on the basis of a condition of the management of waste, Of Chapter 10 of the Environmental Protection Act The holder shall not comply with the provisions in force.
3 A governing body shall not revoke as referred to in the first or second paragraph from the time that it has given the person concerned the opportunity to comply with the licence within a period to be determined for that purpose. (ii) whether the rules or general rules referred to in the first or second paragraphs of the Treaty or of the general rules of law or regulations are to be adopted.
4 The competent authority may also withdraw, in whole or in part, the environmental permit:
a. in cases as referred to in Article 2.25, third paragraph , if the project is not carried out by a person other than the person to whom the authorization was granted under the conditions set out in that Article;
b. in the case and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration ; Article 2.20, second paragraph , in that case, shall apply mutatis mutandis.
1 A governing body empowered to issue a licence or a waiver was a declaration as intended Article 2.27, first paragraph , to be given or delivered an opinion, a governing body empowered under this Chapter to impose a charge under administrative constraints, to impose a penalty on the penalty payment or withdrawal of a licence or a waiver may apply for an application to be made available to the Commission. to that end.
2 In cases where waste water or other waste is placed in a facility for the collection and transport of waste water from an establishment or mining work, the following are the consequence of which:
(a) the effective functioning of the purification process, intended to be carried out in accordance with Article 1.1, first paragraph, of the Water Law obstructs, or
b. the in case of a general measure of management as intended by Article 5.1 of the Environmental Protection Act exceeds environmental quality requirements for surface water bodies in implementation of an EU Directive or of the EU Regulation;
may the management body responsible for the management of the purification process referred to in the Article 1.1, first paragraph, of the Water Law , if the surface water body to which the waste water is brought from the facility, to the extent necessary to mitigate or remove such effects, make a request, as referred to in the first paragraph, and issue to the competent administrative body in so far as this does not conflict with the importance of protecting the environment.
1 If more than one administrative organ is competent to maintain administrative enforcement, the administrative body shall issue a request for the imposition of a charge under administrative constraints, the imposition of a charge on the penalty or withdrawal of a licence or withdrawal of a licence or withdrawal of a licence or withdrawal from the administrative authority. An exemption has been made, a decision on the request.
2 The first paragraph shall not apply where:
(a) another governing body which is also competent to maintain it, has stated in writing that it wish to take the request for consideration; and
(b) the administrative body in which the application for the imposition of a charge has been filed under administrative compulsion, has transmitted the request to that other administrative body within two weeks of the date on which it was received.
In a case referred to in the second paragraph:
(a) inform the sender of the request, without delay, that the request has been forwarded to the board of directors.
(b) gives the administrative body to which the request has been forwarded to the request.
If the application is granted, the administrative organ shall, at the time of publication of the decision, add to the applicant a copy of the decision imposing a charge under administrative force, imposition of a charge on the penalty payment or withdrawal of the charge. the permit or exemption.
The Governing Body shall forward a copy of the decision to impose a charge under administrative force, to impose a penalty on the periodic penalty payment or to repeal such decisions or the decision to revoke a licence or to withdraw it. Exemption to the inspector and the other at or under Article 2.26 designated advisors.
1 A public body may, subject to moderation by the court, be able to bear the costs of the management of waste in respect of which it has been infringed, in respect of which it has acted in breach of, or pursuant to, the law or the Environmental Environment Act some of the stories of the person whose tort is the cause of such an act or to the person who is otherwise liable for the consequences thereof by virtue of civil law outside the agreement.
2 A public body may, in a case referred to in paragraph 1, in accordance with the rules concerning unjustified enrichment, recover the costs referred to there by the person who is unjustified by the management of the waste in question. enriched.
3 For the purposes of this Article, it shall not be required that at the time of occurrence of the act referred to in paragraph 1 with the waste referred to in that paragraph, it has already been unlawful to the public authorities.
1 A decision pursuant to this Act shall enter into force from the day following its publication.
2 By way of derogation from paragraph 1, a decision shall enter into force from the day following the end of the period referred to in paragraph 1. Article 6: 7 of the General Administrative Law Act , for the submission of:
a. A statement of objection when it concerns an environmental permit in relation to an activity as referred to in Article 2.1, first paragraph, point b, f, g or h , or 2.2, first paragraph, point (b), (c) or (g) , or an amendment to requirements of an environmental permit related to an activity as intended for this purpose;
b. a notice of appeal in cases in which it is prepared for the application of Section 3.4 of the General Administrative Law .
3 Where, in cases referred to in paragraph 2, a request for provisional provision has been made by the competent court during the period referred to therein, the decision shall not enter into force until such time as that request has been taken.
4 By way of derogation from the first paragraph, the operation of a corresponding Article 3.9, third paragraph , without authorisation granted by law, until the time limit for the submission of a statement of objection, as referred to in Article 4 (2), Article 6: 7 of the General Administrative Law Act , has passed or, if objection has been raised, has been decided on this objection. The holder of the authorisation may request the court's security of supply to lift the suspension. Title 8.3 of the General Administrative Law Act shall apply mutatis mutandis.
5 In the case of a general measure of management as referred to in Article 2.1, first paragraph, point (i) , or a regulation as referred to in Article 2.2, second paragraph , it may be stipulated that the second and third paragraphs shall apply in respect of such designated activities, in the appropriate categories of cases.
In cases where the adoption of a decision as referred to in Article 1 shall be without delay Article 6.1 By way of derogation from that Article, it may, in the opinion of the competent authority, act immediately after its publication.
Without prejudice Article 6.1 enters an environment permit with respect to an activity as referred to in Article 2.1, first paragraph, point a, b, g or h , if, for that activity, also a permit as specified in Article 11, second paragraph, of the Monuments Act 1988 like that law before the entry into force of the Heritage Act shall be required, not in force sooner than after that licence has entered into force.
Without prejudice Article 6.1 enters an environment permit with respect to an activity as referred to in Article 2.1, first paragraph, point (a) , if that activity is also to be considered as the establishment or amendment of a device for which a licence is intended to Article 15, introductory wording and part b of the Nuclear Energy Act shall be required, not in force sooner than after that licence has entered into force.
1 Without prejudice Article 6.1 enters an environment permit with respect to an activity as referred to in Article 2.1, first paragraph, point (a) , where construction work is to be built, as regards construction work, Article 8, third paragraph, of the Housing Act and the competent authority on the basis of the research report referred to in Article 8 (4) (c) of that Act, or from others, has reasonable grounds for suspecting that the construction work has been created before 1 January 1987. Case of severe pollution as specified in the Soil Protection Act , not in operation sooner than after:
a. On the basis of Article 29, first paragraph , in conjunction with Article 37, first paragraph, of the Soil Protection Act it has been established that there is no case of serious pollution in respect of which it is necessary to clean up the situation and that the decision in question has entered into force,
b. on the basis of Article 39, second paragraph, of the Soil Protection Act the restructuring plan referred to in the first paragraph of that Article has been approved and the relevant decision has entered into force; or
c. a notification of a plan for remediation as referred to in the Article 39b (third paragraph) of the Soil Protection Act has been completed and the time limit laid down by or pursuant to the fourth paragraph of that Article has expired.
2 By way of derogation from the first paragraph, introductory wording and point (b), the environment permit shall enter into force as in the decision referred to in Article 29, first paragraph , in conjunction with Article 37, first paragraph, of the Soil Protection Act , it has been established that:
(a) where there is a case of serious pollution in respect of which urgent remediation is necessary,
b. There is no risk to humans; and
c. the building does not obstruct the implementation of the remediation,
provided that the person who submitted the further investigation has submitted a reasoned request and the decision referred to in the introductory sentence of this paragraph has entered into force.
3 In the case of the environment authorization referred to in paragraph 1, the competent authority shall indicate whether it has a presumption as referred to in that paragraph.
1 If a permit with application of Article 2.5 In stages, steps are taken-by derogation from the Articles 6.1 and 6.2a to 6.2c -decisions relating to the first and second stages of the same day shall be in force. This day shall be the last of the days when the decisions, subject to Articles 6.1 and 6.2a to 6.2c, are to enter into force separately.
2 In cases where the authorisation is subject to Article 2.5 In stages, the decisions taken in the first and second stages at the same time are subject to objection or appeal, those decisions for the treatment of objections shall be considered to be a single decision.
If in a case such as: Article 3.16 has been appealed against a decision on the application for a water permit and under Article 2.1 or 2.2 the action, in so far as such consistency is concerned, also relates to the latter decision, in so far as it relates to an environmental permit.
1 The appeal against a decision relating to a declaration as referred to in Article 2.27 the competent authority may be set up by the competent authority in respect of the decision to which the declaration relates only after the decision has been published.
2 By way of derogation from Article 6: 8 of the General Administrative Law Act Catches the period of appeal in a case referred to in paragraph 1 with effect from the day following the day on which the period of appeal is Article 3.9, first or fourth member , or Article 3:44 of the General Law governing the administrative law Notification is made of the decision to which the declaration or request relates. The provisions relating to the action against that decision shall apply by analogy with regard to the action brought against the decision relating to the declaration or to the designation.
1 The foundation, referred to in Article 20.15 of the Environmental Management Act , it also has the task of providing the board judge, at the latter's request, an expert notice on actions under this law.
2 Article 20.17 of the Environmental Protection Act shall apply mutatis mutandis.
For the purposes of this Act, in respect of areas not part of a province or municipality, rules shall be laid down, where necessary, by a general measure of administration in respect of the administrative bodies which are the subject of this law. exercise powers, and in respect of the administrative bodies to be involved in such implementation.
1 Our Minister shall, within five years of the entry into force of this Law, send to the States-General a report on the operation of this law in practice.
2 In the case of, or under general management, rules may be laid down for the application of the first paragraph. These rules may include the obligation for the designated administrative bodies to provide the information necessary for the preparation of the report.
1 If, in the interests of proper implementation of this Act, it is necessary to arrange for further arrangements to be made in this Act, it may be carried out in the case of a general measure of management.
2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
The nomination for a under Article 1.1, third paragraph , 2.1, first paragraph, point (d) , 2.1, third member , 2.4, second or third members , 2.8, first paragraph , 2.9, second paragraph , 2.22, third member , 2.23, second paragraph , 2.24, first paragraph , 2.25, second or third members , 2.27, first or third member , 2.29, first paragraph, point (a) , 3.9, first paragraph, point (b) , 3.12, second paragraph, point (a), fourth or sixth member , 4.1, 1st Member , 5.3, fourth member , 5.6, second member , 5.7, 1st Member , or 5.8, second and third members , the general measure of management to be adopted shall not be more than four weeks after presentation to the two Chambers of the States-General.
1 In the case of a general measure of administration, it may be stipulated that, in cases where one of our Ministers is competent to have jurisdiction in a province, municipality or watership, an exclusive right referred to in Article 11 of Directive 2014 /24/EU of the European Parliament and of the Council of the European Parliament and of the Council of the Parliament and the Council of 26 February 2014 on the award of public contracts and repealing Directive 2004 /18/EC (PbEU 2014, L 94) is granted in respect of designated categories of work within the framework of the European Parliament and of the Council of 12 February 2014 on the award of public procurement contracts (OJ 2014 L 014 preparation of a decision on an environmental permit or in the context of objection or appeal against a decision relating to an environmental permit.
2 In the case of a provincial regulation, provision may be made for cases in which Member States have the power to confer on a municipality or water an exclusive right referred to in paragraph 1 in respect of such jurisdiction. categories of work in the context of the preparation of a decision in relation to an environmental permit or in the context of objections or appeals against a decision relating to an environmental permit.
3 An exclusive right may be granted only:
a. to the province or municipality where an activity covered by the preparation of the Decision is, or will be, carried out in the main
b. as far as the preparation of the decision relates to an activity as referred to in Article 2.1, first paragraph, point (e) , where waste water or other waste has been or is being placed in a facility for the collection and transport of waste water from an establishment or mining work, to the water to which the administrative organ is responsible for the management of the waste water collection and the water supply of waste water. management of the clean-up work or surface water to which the waste water is to be transferred from that facility.
4 An amendment to Article 11 of the Directive, referred to in paragraph 1, shall apply to the application of paragraphs 1 and 2 from the date of implementation of the amending Directive concerned.
1 There is a national provision which includes information and documents relating to applications for an environmental authorization which is submitted in whole or in part by electronic means and applications for subsequent decisions.
2 The competent authority and the administrative bodies involved in the decision on the granting of an environmental permit shall use the provision provided for in paragraph 1. The competent authority shall ensure the management of the information and documentation contained in the provision and the provision of such information to the governing bodies referred to in the first sentence. Rules governing such management and provision may be laid down in or pursuant to general measures of management.
3 Our Minister shall ensure the establishment, maintenance, operation and security of the provision referred to in the first paragraph. Rules governing the establishment, maintenance, operation and security of that provision may be imposed on or pursuant to general measures of management.
1 If for an activity as intended in Article 2.1, first paragraph, point (e) In the case of an establishment, the prohibition referred to in the introductory part of that Article is at any time applicable to such an activity, which previously did not apply to such an activity, the activity may, if it had already started to do so at that time, be free of authorisation. further up to 12 weeks after that date and, if an application for the required environmental authorisation has been submitted within that period, then up to eight weeks from the date on which the decision on the application has entered into force.
2 If the prohibition is to apply as a result of a change in the activity, the first paragraph shall not apply in so far as it relates to such change.
3 If the activity applied general rules to the time at which the prohibition was imposed, those rules shall continue to apply for the period during which it may be carried out without authorisation.
1 If, by or by virtue of a legal requirement or by a change of a project, the power to apply for an environmental permit is transferred to another administrative body, the application for that project is already granted environmental permits equivalent to environmental permits, granted by that other governing body.
2 In the case of a general measure of management, rules relating to a transfer as referred to in paragraph 1 may be laid down.
1 This law is, in so far as it relates to activities as referred to in Article 2.1, first paragraph, point (e) , not applicable to establishments for which a licence is required under Article 15 (b) of the Nuclear Energy Act Except where the provisions of that law make otherwise known. This Act does not apply to establishments, where such establishments are, in the case of, or in pursues of, other than those mentioned in the first sentence of That Act permit is required or general rules apply except as far as from the at or under That Act proves otherwise.
2 This law is, in so far as it relates to activities as referred to in Article 2.1, first paragraph, point (e) , not applicable to establishments or mining works, to the extent that this is subject to a licence or general rules applicable under the Articles 3.1 , 3.3 to 3.6 , 6.4 and 7.1 of the Wet Animals with regard to animal by-products or the Water Act , except where the provisions of those laws show otherwise.
3 This law is, in so far as it relates to activities as referred to in Article 2.1, first paragraph, point (e) , not applicable to establishments in which animal fertilisers originating outside the establishment are to be found in the sense of the Fertiliser law which are preserved, processed, processed or destroyed, in so far as they are efficient management of such substances.
4 This Act does not apply to activities as referred to in Article 2.1 with regard to wind farms in the territorial sea in a place not part of a municipality or a province and to which the Wind energy law at sea is applicable.
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Law general provisions environmental law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 6 November 2008
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
The Minister of Education, Culture and Science,
R. H. A. Plastrong
Published on 4 December 2008The Minister of Justice,
E. M. H. Hirsch Ballin
