Key Benefits:
Act of 31 January 2002, laying down rules on the ammonia emission from animal holdings belonging to livestock holdings (Wet ammonia and animal husbandry)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to lay down rules on decisions relating to licences under the conditions laid down in Article 2 of the Treaty. Environmental Environment Act , in so far as it concerns the ammonia emission from animal holdings of livestock holdings;
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:
Ammonia emission: emissions of ammonia, expressed in kg NH3 per year;
best available techniques : best available techniques as referred to in Article 1.1 of the General Provisions Act ;
Animal residence: indoor space, whether or not covered, within which animals are kept;
Animal place: part of a housing system intended for the holding of one animal,
Ecological Main Structure: 'Ecological main structure', as defined in the Nature Policy Plan (Kamerpieces II 1989/90, 21 149, No 2-3), as delimited by the Provincial Executive, or, in so far as this limitation has not yet taken place, as indicated in a structure vision as referred to in Article 3 (2) of the Treaty. Article 2.3 of the Spatial Planning Act , or by or under a general measure of management as intended by Article 4.3 of that Act ;
emission factor: Ammonia Emissions per place of animal specified by Ministerial Scheme and associated with a designated animal category and housing system;
IPPC installation : installation as intended Article 1.1 of the General Provisions Act ;
housing system: part of an animal residence, in which animals of one animal category are kept in the same way;
Maximum emission value: Ammonia emission per animal place made pursuant to a requirement Article 8.40 of the Environmental Protection Act may be carried out at the highest in an animal category;
Dairy cattle:1 °. dairy cows with associated female young cattle, which is predominantly kept for milk production, including animals which are milked during the fattening period, fattened during lactation or have been drained and are fattened; and
2 °. female bovine animals aged over 2 years with associated female young cattle, which are kept in a manner comparable to dairy cattle for the meat production and the production and sucking of calves;
Dairy cattle rearing: livestock farming exclusively or principally intended for the holding of dairy cattle;
Environment permit: permit for an activity related to an establishment as intended Article 2.1, first paragraph, point (e) of the General Provisions Act ;
Our Minister: Our Minister for Housing, Spatial Planning and the Environment;
Directive (EEC) 92/43 : Directive No 92 /43/EEC of the Council of the European Communities of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (PbEG L 206);
livestock: establishment, which is up to a under Article 1.1, third paragraph, of the Environmental Management Act appropriate category and is intended for breeding, breeding, fattening, holding, marketing, loading or weighing of animals;
for acidification sensitive area : territory which had been deemed to be susceptible to acidification by virtue of Article 1 (2) of that Act immediately prior to the expiry of the Interim Act of the Interim Act, except that:
(a) an area which, under Article 2 (b) of the Implementing Regulation, was designated as a matter for acidification by means of a Regulation which has been repealed with the abovementioned law, not as a matter for acidification be considered sensitive; and
(b) an area in which, before 1 January 2002, a covenant referred to in Article 3 (1) (b) of the Implementing Regulation was applicable to ammonia and husbandry, which is not considered to be acidification.
2 For the calculation of the ammonia emission of an animal husbandry, the number of animals which may be present in the livestock sector shall be multiplied by the emission factors.
3 Until a general measure of governance under Article 8.40 of the Environmental Protection Act For the purposes of this Act, the maximum emission value shall be the value determined as such by ministerial arrangement for the purposes of this Act. For an animal category for which no maximum emission value has been determined, the maximum emission value shall be the emission factor associated with the housing system concerned.
1 Provincial States designate the areas considered to be very sensitive areas.
2 Only acidification sensitive areas, or parts thereof, which are located in the ecological main structure may be designated as a highly sensitive area.
3 Provincial States shall, without prejudice to paragraph 2, designate all areas of acidification sensitive to acidification within a protected zone as defined by Article 10, first paragraph , or Article 10a, first paragraph, of the Nature Conservation Act 1998 in an area which is based on Article 4 of Directive (EEC) No 1408/71, or 92/43 has been declared to be of Community importance, to be considered to be a very vulnerable area.
4 In the designation of territories, other than those referred to in the third paragraph, as a highly sensitive area, provincial States shall only take into account the following aspects:
a. The sensitivity of the acidification sensitive area to the effects of ammonia;
b. The nature values present in the acidification sensitive area;
c. the ecological coherence of the acidification sensitive area or of that region with one or more other areas to be designated as a highly sensitive area;
d. The size of the acidification sensitive area;
(e) the impact of the designation on existing holdings, in so far as the ecological cohesion between the very sensitive areas is not affected by this and does not result in loss of particular natural values.
5 Designation of an area referred to in paragraph 4, less than 50 hectares shall be carried out only if it is an area with very large nature values.
6 An area can only be considered as having very large nature values as referred to in the fifth paragraph where:
a. In the area more than one species is listed in Annex II to Directive (EEC) No 1408/71. 92/43 or in the Annex to the Decision of Red Lists of flora and fauna and these species or their habitat are very sensitive to the effects of ammonia;
b. the area has been designated as a protected living environment under Article 19 of the Flora and Faunal Law and this habitat is very sensitive to the effects of ammonia, or
c. the territory of the Member States, in accordance with local and regional organizations in the field of nature and agriculture, which are representative of the Member States and which are representative of the Mayor and the on the one hand, aldermen of the municipalities to which the area concerned belongs has been proposed to be considered as such.
1 A decision as referred to in Article 2, first paragraph , being prepared by deputed states with application of the in Section 3.4 of the General Administrative Law regular procedure.
2 In the preparation of a decision as referred to in Article 2, first paragraph In any event, the Member States shall consult local and regional organizations in the field of nature and agriculture which, in the opinion of the Member States, are representative of those of the Member States and of the boards of the mayor and of the mayor and of the members of the the municipalities to which the area to which the decision relates belongs.
3 A decision as referred to in Article 2, first paragraph , shall be accompanied by one or more maps to which the delimitation of the very sensitive areas is accurately identified.
4 If the boundary of the ecological main structure or of a protected area as referred to in Article 10, first paragraph , or Article 10a, first paragraph, of the Nature Conservation Act 1998 is changed, provincial states change it in Article 2, first paragraph , as provided for in this Decision, to the extent necessary to comply with Article 2. The amendment to the Decision shall apply mutatis mutandis to the first to third members.
1 In the case of decisions relating to the environment authorization for the establishment or change of livestock production, the competent authority shall only cover the effects of ammonia emission from animal holdings belonging to the animal husbandry only in accordance with the conditions set out in the Annex to this Decision. at or by virtue of the Articles 4 to 7 .
2 The first paragraph shall not apply to the effects on the environment caused by direct absorption from the air of ammonia by plants and trees.
3 The first paragraph shall not apply to the refusal of the environment authorization on the ground that it does not comply with the provisions of this Article. 2.14, first paragraph, point (1) (c) of the General Provisions Act -may be met and rules applicable under the provisions of the Article 2.22, third paragraph, of that Act or Article 1.3c or 8.40 of the Environmental Protection Act shall be established in order to ensure that at least the best available techniques available for stock-rearing are applied in the livestock sector. In so doing, the authorisation shall be assessed in accordance with the sum of ammonia emissions from the animal residenes belonging to the establishment with the sum of ammonia emissions permitted in a per-period assessment of the total ammonia emissions from the plant. separate housing system, except that a housing system that was not present in the livestock sector on 1 January 2007 has been subject to separate requirements. In so far as the requirements of the IPPC plant are concerned, the authorization shall also be refused if requirements are not satisfied because of the technical characteristics and geographical location of the installation or the geographical location of the plant or the location of the plant. local environmental conditions should be put in place, but cannot be achieved through the application of the best available techniques available.
4 The first paragraph shall apply without prejudice to: Article 7 -nor when a decision is taken in accordance with Article 7.35 of the Environmental Management Act in relation to livestock farming, in the preparation of which under Chapter 7 of the Environmental Protection Act An Environmental Impact Report should be made.
An environmental permit for the establishment of an animal husbandry shall be refused if an animal residence belonging to the livestock sector is wholly or partly situated in a highly sensitive area or in a zone of 250 metres around an area in such a way.
1 By way of derogation from Article 4 an environmental permit shall not be refused for the purposes of the ammonia emission from animal holdings belonging to the animal husbandry, if the animal husbandry has already been established and immediately prior to the origin of the authorisation under the operation of a general measure of management under Article 8.40 of the Environmental Protection Act fell, and:
(a) the number of animals per animal category does not exceed, in accordance with the relevant general measure of management, immediately prior to the onset of the authorisation requirement;
(b) the number of animals of one or more categories of animal exceeds the number referred to in point (a) but the ammonia emission does not exceed the ammonia emission from the animal housing of animal husbandry which is the subject of the animal husbandry immediately. (c) prior to the generation of the licence, if the emission per animal site would be equivalent to the maximum emission value,
(c) immediately prior to the expiry of the Interim Act of ammonia and animal husbandry, the number of animals is higher than the number referred to in point (a) and the ammonia emission after the end of the period of expiry of the Interim Act of ammonia and livestock farming was more than enlargement does not exceed the ammonia emission which would cause a dairy farm of 200 head of dairy cattle and 140 head of female young cattle in the event of its creation, if the ammonia emission per animal place would be equal to the maximum emission value,
(d) the number of sheep or horses exceeding the conditions specified in (a);
e. the number of animals to be kept in accordance with the rules applicable under the Article 2 of the Agricultural Quality Act have been lodged with regard to organic production methods, higher than those referred to in (a); or
f. the number of animals held solely or principally for the purposes of nature management, is higher than the number of animals referred to in point (a).
2 By way of derogation from Article 4, first paragraph , an environmental permit is also not to be refused if animal husbandry is kept exclusively or mainly for the purposes of nature conservation.
An environmental permit for the change of livestock farming shall be refused if the application concerns an increase in the number of animals belonging to one or more categories of animals and an animal residence belonging to the livestock sector. partly is located in a very fragile area, or in a zone of 250 meters around a territory.
1 By way of derogation from Article 6 the environment permit shall not be refused, provided that:
a. After enlargement, the ammonia emission from the animal's quarters does not exceed the ammonia emission that the livestock sector is issuing prior to enlargement:
1 °. if the emission per animal place would be equal to the maximum emission value, or
2 °, if it is lower than the ammonia emission referred to at 1 °, if it is lower than the ammonia emission previously granted, or
(b) in the livestock sector immediately prior to the expiry of the Interim Act of ammonia and dairy cattle, the extension is exclusively for dairy cattle and the ammonia emission after enlargement is no more than the ammonia emission which would cause a dairy farm of 200 head of dairy cattle and 140 head of female young cattle, if the ammonia emissions per animal place were to be equivalent to the maximum emission value,
c. Extension of sheep or horses;
d. the extension of animals to be kept in accordance with the rules laid down by the Article 2 of the Agricultural Quality Act are laid down in respect of organic production methods; or
e. the extension of animals to be kept solely or principally for the purposes of nature management.
2 For determining the ammonia emission from the animals ' quarters which may cause livestock farming prior to enlargement, the ammonia emission of the animals previously authorised to be subject to the environment shall be subject to the first time of application of the paragraph, (b) to (e), or Article 5 (1) (c) (c) to (f) Not included.
Article 3.10, third paragraph, of the General Provisions Act shall not apply to the change of livestock farming, where the change relates to an increase in the number of animals belonging to one or more categories of animals and to an animal residence of animal husbandry after the enlargement of the livestock sector, partly is located in a very fragile area, or in a zone of 250 meters around a territory.
A ministerial arrangement under this Act is laid down by Our Minister in accordance with our Minister of Agriculture, Nature Management and Fisheries.
If the application for an authorisation for a livestock production has been lodged before 8 December 2000, the duty applicable to that date shall continue to apply until the date of the irrevocable decision on the application.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Ammonia and husbandry Law.
Burden and recommend that it is placed in the Official Gazette and that all ministries, authorities, colleges and officials, who so concern, will keep their hands on the precise execution.
Given at The Hague, 31 January 2002
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. P. Pronk
The Minister for Agriculture, Nature Management and Fisheries,
L. J. Brinkhorst
Published on the 21st February 2002The Minister of Justice,
A. H. Korthals
