Key Benefits:
Law of 3 July 1986 laying down rules for the protection of the soil
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 the view that it is necessary to lay down rules for the protection of the environment in order to protect the soil;
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:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Our Minister: Our Minister for Housing, Spatial Planning and the Environment;
Inspector: as such by a decision of our Minister designated;
soil: the solid part of the earth containing the liquid and gaseous components and organisms contained therein;
importance of soil protection: the importance of preventing, limiting or undoing changes of grades of soil, which mean a reduction or threat of the functional properties that control soil for humans. or animal;
Pollution: case of pollution or threat of pollution of soil which relates to territories which because of that pollution, the cause or its effects in technical, organisational and spatial terms with are interrelated;
Orientational research: research on suspicion of a case of pollution;
further investigation: investigation into the question of whether a case of pollution is a case of serious pollution;
Investigation case: case in which orientation or further investigation will take place or take place;
remediation activities: to reduce and as far as possible eliminate pollution and direct effects of pollution or threat of soil contamination;
Case of serious pollution: case of contamination where the soil is or is likely to be polluted, that the functional characteristics that the soil has for humans, plant or animal are or are likely to be reduced;
Reorganisation survey: identification of the possible methods of remediation, including a description of their environmental, technical and financial aspects, and of the quality of the soil which will be carried out by the remediation process carried out on such methods. shall be reached, including in a choice of the method of remediation;
administrator: administrator as defined in Article 1.1 of the Water Act ;
area-based approach: approach aimed at the remediation of more than one pollutant from the deeper groundwater in a designated area.
There's a Technical Committee floor.
The task of the committee is to advise our Minister, on request, on the implementation of legal regulations and policies, in so far as they concern technical matters in the field of soil protection.
2 A request for an opinion on a matter which is not primarily the responsibility of our Minister, shall be made by it in accordance with our Minister, who shall deal with that matter in particular.
3 An opinion on a matter referred to in paragraph 2 shall be communicated by the committee to the Minister for whom this matter is of particular concern.
Our Minister and our Ministers, who are responsible for this, are responsible for ensuring that the Commission is kept informed about the policy on soil protection.
Within four years, the Commission shall report to our Minister, in which at least the task, composition, establishment and operation of the committee shall be subject to an examination. Our Minister shall send this report, with its position, to the two Chambers of the States-General.
1 The committee shall be composed of a chairman and no more than 11 other members.
2 The chairman and the other members of the committee shall be appointed on the basis of their expertise in the area of soil protection.
1 The President and the other members of the committee shall be appointed by Our Minister. Our Minister shall hear the committee before he appoints the President.
2 The President and the Members shall be appointed for the period of four years. They shall be subject to appointment immediately.
3 The Chairperson and the Members may, at any time, resign their duties by giving written notice to Our Minister.
4 In special cases, the chairman and the members may be suspended by our minister in office and dismissed from office.
1 The committee shall appoint a deputy chairman from among its members.
2 The Deputy Chairman may, at any time, resign his post by giving written notice to the Chair.
3 In special cases, the committee may suspend and discharge the position of the Deputy Chairman in his post.
1 The committee shall be assisted by a secretary.
2 The Secretary is appointed by Our Minister, suspended in office and dismissed from his post, the committee heard.
3 The Secretary is not a member of the committee.
4 The Secretary shall be responsible only to the committee for the performance of his duties.
5 Our Minister may provide for an office for the committee, which is headed by the Secretary.
1 The Committee may assist in its work by persons who are not members of the Commission.
2 Our Minister may designate officials who are competent to attend meetings held by the committee, except that at most one of them shall be present at the meetings of the committee.
1 The meetings of the Committee shall be open to the public.
2 A meeting or part of it shall not be open to the public in cases referred to in Article 10, first paragraph , of the Public Administration and in cases where the importance of public access does not outweighs the interests mentioned in Article 10, second paragraph, of that law.
1 The opinions of the committee shall be delivered in accordance with the opinions of the majority of the Assembly.
2 minority opinions submitted for the meeting shall be indicated in or in the opinions of the opinions.
The committee shall keep the preparatory documents relating to the opinions which it has issued available to our Minister.
1 At least once a year, the President of the Committee shall consult our Minister on the work planned by the Commission for the next 12 months. The committee shall then draw up the programme of its work and forward it to our Minister.
2 For the purpose of preparing the consultations referred to in the first paragraph, the Commission shall draw up a list of the activities which it intends to take and shall submit it to our Minister in good time. The Commission shall attach to the summary an estimate of the costs involved in the execution of the work.
3 The Commission shall carry out its work within the framework of the funds made available to it each year under the budget law.
The committee shall lay down detailed rules governing its operation and shall forward it to our Minister.
1 In the interest of the protection of the soil, in the case of or under general management measures, rules may be laid down as regards the provision of transactions in which substances which may contaminate or impair the soil, on or in the Soil shall be brought to the ground in order to make it available.
2 These may include rules relating to:
storing of substances to be listed in that measure on or in the soil, in storage;
b. The placing of waste on or into the soil;
c. outflow from contaminated water or sludge to the bottom or in the soil;
d. Burial of physical remains;
e. The soil spreading of ash from the burning of material remains.
1 By or under general management measure, rules may be imposed in the interests of protecting the soil with regard to the carrying out of operations in which substances which can contaminate or impair the soil at the bottom of the ground shall be added in order to influence the structure or quality of the soil.
2 These may include rules relating to:
a. Placing on or into the soil of substances that influence the carrying capacity of the soil;
b. The placing on or at the bottom of fertilizers.
1 In the case of, or under general management, rules may be laid down for the purpose of soil protection with regard to the carrying out or use of works on or in the soil, in which procedures are carried out or substances are being used Use, which may contaminate or impair the soil.
2 These may include rules relating to:
a. Ground and foundations works;
b. Soil research;
c. construction of pipelines or other pipelines;
d. The affixing of storage tanks or reservoirs;
e. evisations, deearthenings or excavation;
f. Deep Ground Operation;
g. Work in the context of dewatering, bronzing or ground-water extraction;
h. Working for the benefit of a forest dementia system.
3 In respect of works referred to in point (h) of paragraph 2, the rules referred to in paragraph 1 may also be laid down in the interests of efficient use of geothermal energy.
1 In the interest of the protection of the soil, the general measure of management may lay down rules on the transport of substances to be listed in that measure which are liable to contaminate or impair the soil.
2 These may include rules relating to:
a. The transport of such substances by pipelines or other pipes;
b. The carrying out of transfer arrangements with such substances;
c. Transport of such substances by means of vehicles.
1 In the interest of the protection of the soil, the general measure of management may lay down rules on the conduct of operations where, as a secondary effect, substances which may contaminate or impair the soil, on or in the soil.
2 These may include rules relating to:
a. The application of gladness pesticides;
(b) the substances to be notified of substances to be notified by that measure in order to produce or dispose of surface layers thereof;
c. editing of articles, which release substances to be given in that measure.
In the interest of the protection of the soil, the general measure of management may be subject to rules concerning the provision of non- Article 6 to: 10 falling operations that may result in erosion, thickening or aggravation of the soil.
1 In the case of a general measure of administration, as regards the infiltration of water, Article 1.1 of the Water Act , the rules set out:
a. in which cases there is a risk of contamination of groundwater, as intended Article 6.26, second paragraph, of that Act ;
b. which requirements for the protection of groundwater are to be subject to a permit for the infiltration of water.
2 In the case of the measure, rules for the protection of the soil may also be provided.
3 The measure may stipulate that the rules laid down in this measure shall apply only in the categories of cases specified in that measure.
4 The measure may also determine the extent to which the Member States or the day-to-day management of the water may derogate from the rules laid down in the measure, either in general or in the case of a general public. the categories of cases specified in the measure.
1 In the case of or under general management, rules may, for the purpose of the protection of the soil, be laid down in respect of the categories of soil used for applying soil and dredging specimens on or in the soil.
2 In the case of a general measure of management, it may be laid down that, by decision of a governing body, land or luggage designated therein, may be applied in cases other than those under the rules referred to in paragraph 1, provided that such a measure is not poses unacceptable risks to public health and does not threaten the functional properties of water, soil and air for humans, plants and animals. A governing body which makes use of this option shall, in its decision, impose the necessary requirements on the quality, including composition, of land or of dredging.
3 Until the rules referred to in paragraph 1 can in any case include quality rules, including the composition and emission, of land or dredging and the method of checking the quality and use of the soil on which or where land or dredging is used.
4 The cases referred to in paragraph 1 may specify the cases in which the derogation provided for in the second paragraph is to comply with the provisions of the Article 36 and 37, first and eighth member The rules laid down in the Land Protection Act.
5 In the case of the measure referred to in paragraph 1, the designated administrative body referred to in the second paragraph shall establish a map showing the quality and function of the soil.
1 In the case of a general measure of management, provision may be made to the effect that the Articles 6 to 12a derogation rules may be waived
(a) in so far as those rules relate to activities referred to in those Articles where construction, ground or dredging are applied on or in the soil; and
b. Our Minister has established that, contrary to the application of those rules, at least the same level of protection of the soil is guaranteed as is envisaged by those rules.
2 In the case of, or under general management, detailed rules may be laid down for the application of the first paragraph.
Any person acting on or at the bottom as intended for the purposes of the Articles 6 to 11 and, who knows, or could reasonably have suspected that they may be contaminated or affected by those acts, is obliged to take any measures which could reasonably be required of them in order to prevent such contamination, or prevent and reduce, and eliminate as far as possible, any contamination or damage occurring, contamination or degradation and the direct consequences thereof. If the pollution or damage is the result of an unusual occurrence, the measures shall be taken without delay.
1 To the under Articles 6 to 12a rules to be laid down by or pursuant to general rules of administration may include rules, including:
(a) a prohibition to carry out an activity where it is intended to do so if it fails to comply with the requirements of that measure in relation to substances or articles to be used in the context of that activity;
(b) carry out a prohibition of such activity other than in accordance with requirements to be given in accordance with or pursuant to that measure with regard to the conditions under which, the circumstances or the place where such activity may be carried out is carried out;
(c) to carry out a prohibition of such effectiveness without demonstrating, in the course of an investigation of a method to be given in or pursuant to that measure, that it will not cause pollution or damage to the soil, or no pollution of the soil or impairment that exceeds a certain value;
(d) to carry out a prohibition on such an activity without a notification of a form to be given to, or pursuant to that measure, the administrative body to be notified to it, specifying in respect of or pursuant to that measure, provide data;
(e) the obligation to comply with an order of a governing body designated by the measure to cease or limit the use of a forest dementia system within a time limit specified in that decision in the interest of the efficient use of the system of such a system of forestry; Geothermal energy.
2 To the rules referred to in paragraph 1, a prohibition may also be prohibited in the context of an activity as referred to in or pursuant to that measure, intended for storing or transporting it in that measure. substances, to be used if that object:
(a) has not been approved in a manner which has been approved by or under that measure;
(b) does not belong to a type which has been approved at the time of inspection on the basis of the rules laid down by or pursuant to that measure.
3 If of an activity as specified in the Articles 6 to 12 a serious pollution or degradation of the soil may be the result of a general prohibition on the carrying out of an overall prohibition on the basis of the rules to be laid down by the general measure of management.
1 The following: Articles 6 to 12 rules to be adopted by a general measure of management may include an obligation to do so with regard to operations belonging to a category which may cause serious contamination or damage to the soil, the person who carries out or does such work, other than as a subordinate:
(a) provides financial security for the fulfilment of rules applicable to it under the measure;
(b) providing financial security to cover his liability for damage resulting from pollution or damage to the soil caused by the work.
2 The measure lays down detailed rules on that obligation. In any event, the amount for which and the period during which the security is to be maintained shall be declared, and the conditions to be fulfilled before the obligation may be cancelled. It may also specify which of the persons referred to in the first paragraph shall be subject to the obligation. The measure shall be designated by the governing body, which shall have the power to determine the amount of the alleged security for failure to comply with a rule for which financial security has been lodged. The measure may stipulate that the competent administrative authority may recover the sum to be recovered in the case of a compulsory order. The measure may lay down rules for cases where the obligation to comply with the obligation to conclude and maintain an insurance policy shall be taken into account, taking into account what can reasonably be done by insurance. shall be covered.
1 To the under Article 6 to: 12 rules to be given by general management of directors may include rules relating to articles intended for the performance of an activity such as those referred to in those Articles, to or in the soil.
2 The following Article 6 to: 12 Rules to be provided by general management of directors may also entail the obligation to place the soil after the end of an activity as referred to in those articles in a state to be specified in the said articles. Rules governing the manner in which that obligation should be respected may be laid down.
1 The following: Articles 6 to 12a rules to be laid down in or pursuant to general rules of management may include the obligation to provide, on the basis of or pursuant to that measure, measurements, registrations or checks to be carried out in order to obtain data relating to a substances placed in the soil, made or transported, or in relation to the influence of that substance on the soil. It may also include requirements concerning the manner in which measurements, registrations or checks are to be carried out and the information obtained by means thereof to an administrative body to be notified or under that measure shall be submitted.
2 The first paragraph shall apply mutatis mutandis to forest dementia systems as referred to in Article 3 (2). Article 8, third paragraph , and the area of influence of such a system outside the plot where it is installed.
3 The provisions of the Articles 6 to 12 Rules to be laid down in or pursuant to general rules of administration may also include the obligation to comply with the administrative bodies to be notified or pursuant to that measure, on the subject matter, to the person concerned. further requirements. A decision making or amended a further requirement shall also specify a period to be fixed at the time of the entry into force of that Decision at the time of expiry of which the order provided for in the decision is to expire. is to apply.
1 In the case of a general measure of administration adopted by the Articles 6 to 12 It may be stipulated that the rules laid down in that measure apply only to a category which is part of the category indicated in the light of the character of the soil.
2 In the case of a general measure of administration adopted by the Articles 6 to 12 , it may be stipulated that rules laid down by that measure shall apply only in areas designated for that purpose by or under the provincial regulation.
3 In case of a measure under Article 8, first paragraph , with respect to forest dementia systems, it may be determined that areas designated by the Provincial or Municipal Regulation shall be subject to the rules laid down in that measure.
In the case of a general measure of administration adopted pursuant to Article 6 to: 12 , it may be determined that the authority competent to carry out an environmental authorisation for activities relating to an establishment as referred to in Article 4 (2) shall be Article 2.1, first paragraph, point (e) of the General Provisions Act by granting or amending the authorization in respect of the subject matter specified in the restrictions under which the authorisation is granted, or in the rules of rules laid down by the measure. deviate. In that case, the measure shall indicate the extent to which the competent authority of the rules may deviate. The measure may also stipulate that the discretion to derogate shall be limited to the categories of cases specified in the measure.
Should an immediate provision be offered, our Minister may decide in the interests of soil protection with regard to an efficacy as intended. Article 6 to: 11 . Such a ministerial arrangement shall expire six months after its entry into force or, if, within that period, a general measure of management has entered into force to replace that rule, at the time of its entry into force. The time limit may be extended once a ministerial arrangement has been extended for a maximum of six months.
1 The person who performs at or in the bottom acts as intended in the Articles 6 to 11 With knowledge of any pollution or degradation caused by those practices, the pollution or degradation of degraded states of the province in which they are taken shall be reported as soon as possible. take place, and indicate which of the Article 13 the measures referred to, which it intends to take or have already taken.
2 In a case as referred to in paragraph 1, Member States may give instructions on the measures to be taken. Member States may also give instructions for assessing the cleanability and the immobilibility of the contaminated soil at a method to be determined by that designation. Except as a matter of urgency, deputed States shall not designate contaminated soil after having become aware of the result of the assessment of the cleanability and the immobilibility. of that bottom.
3 The person involved in the proceedings shall make known to the person who carries out the operations, or to the Member States of the province in which it is to take place, the pollution or the damage to the person who carries out the operations.
4 Deputed states shall inform as soon as possible the mayor and aldermen of the municipality in which the pollution or damage occurs, of the notifications made to them in accordance with the first or third paragraphs.
1 The person intending to clean the soil or carry out operations as a result of which the pollution of the soil is reduced or moved shall notify the Member State of the province concerned of its intention to do so.
2 In the notification referred to in paragraph 1, the following information shall be provided:
a. The results of research related to the quality of soil;
b. the results of further investigation, if carried out;
(c) the time at which the acts referred to in paragraph 1 of the first paragraph will be caught;
d. if contaminated groundwater will be removed, the intended use of that groundwater;
e. if contaminated soil will be excavated, the destination of the soil, and whether the contaminated soil will be cleaned or immobilized;
f. if the contaminated soil will not be cleaned in whole or in part, an evaluation of the cleanability or the immobilibility of the contaminated soil shall also be submitted.
3 By way of derogation from the second paragraph, in the case of a notification referred to in the first paragraph, where pollution is reduced or moved solely by the removal of groundwater as referred to in the first paragraph, Article 1.1, first paragraph, of the Water Law , for which:
a. A permit is required on the basis of Article 6.4 of the Water Act , and the withdrawal is for the benefit of a forest demented system of fermentation,
b. a permit is required under a regulation of a watershelf; or
c. under the Water Act a notification is to be made to the competent authority referred to in that law;
the information referred to in the fourth paragraph is given.
4 In the case of a notification referred to in the third paragraph, the following information shall be provided:
the date on which the withdrawal of contaminated groundwater is intended to commence and the intended duration of such withdrawal;
b. The use of groundwater;
(c) data showing that the extraction of groundwater and, where appropriate, the return of that groundwater does not harm the importance of soil protection; and
d. a copy of the application for that authorization or of that notification to the competent authority, as specified in that Law .
5 A notification referred to in paragraph 1 may be omitted if the person concerned can reasonably assume that the reorganisation or the act to which his intention relates does not concern a case of serious pollution, and is also established:
1 °. that the quantity of soil or contaminated groundwater contaminated shall not exceed 50 cubic metres of below 1000 cubic metres, or
2 °, which follows from the nature of the acts referred to in the first paragraph, that the land is moved only temporarily and returned after movement.
6 In the case of a general measure of management, any other cases other than those referred to in paragraph 5 may be omitted as referred to in paragraph 1, provided that it does not concern cases of serious pollution.
In the event of failure to do so, the Member States deputed for the office concerned shall inform the mayor and aldermen of the municipality concerned of a notification made under paragraph 1. At the same time, they shall give notice in one or more day, news, or home-to-house or electronic means.
8 This article does not apply in cases as referred to in the Articles 27 , 30, first paragraph , and 43 .
Under ministerial arrangements, rules may be laid down concerning:
a. The assessment of the cleanability or the immobilibility of contaminated soil intended in the Articles 27 and 28 of this Act or in a general measure of governance under Article 8.40 of the Environmental Protection Act ;
b. The method of grading in batches of contaminated soil at the location to be excavated.
(1) The Member States which have been deputised for may adopt a decision on a case of serious pollution:
a. as a result of a further investigation or
b. following a notification as referred to in Article 28, first paragraph .
2 Member States shall in any case take a decision:
a. upon request from the person who has submitted the further investigation or the person who mentioned the notification, Article 28, first paragraph , has done;
b. if application is given to Article 39, first paragraph .
3 The Member States deputed for take a decision as soon as possible, but no later than 15 weeks after the receipt of:
a. the further investigation or notification, specified in Article 28, first paragraph , or
(b) a subsequent application to that effect from the person who has submitted the further investigation, or the person who referred to the notification, Article 28, first paragraph -It's done.
4 The person providing a notification as intended Article 28, first paragraph , has been made, does not deal with the acts referred to in that paragraph than:
after a decision as referred to in point (b) of the first paragraph has been taken, or
b. If, within the period referred to in paragraph 3, no decision is given as referred to in point (b) of the first paragraph after that period has elapsed.
5 By way of derogation from the first and second paragraphs, Member States shall not take a decision as referred to in paragraph 1 following a notification made in accordance with Article 28, third paragraph The person who has made a notification as referred to in Article 28, third paragraph, shall not deal with the acts referred to in that paragraph than:
a. After a period of at least five weeks has elapsed since the notification, and
b. If such operations require authorisation by reason of the Water Act or the regulation of a watershelf: after that permit has been granted.
1 If, as a result of an unusual occurrence, a case of serious pollution occurs or the soil is severe or is likely to be affected, the Member States shall without delay take the necessary measures as they consider to the cause of: to remove pollution or degradation and to reduce and eliminate the pollution or the degradation and its direct consequences.
In the case of the person who carries out an act which, in the opinion of the Member States, is the cause of or causes the pollution or impairment, the measures referred to in the first paragraph may include:
a. Order that act to cease;
b. An order to cease that act if not satisfied by the requirements to be set by the Member States.
3 As regards the person in whose territory the cause of the pollution or damage is present, or the pollution, degradation or direct effects of the disease, the measures referred to in paragraph 1 may be ordered include giving persons in their territory to admit and giving persons the opportunity, if necessary with the use of devices:
an on-the-spot examination of the cause and extent of the pollution, degradation or direct effects;
(b) to remove the cause of the pollution or the degradation or to reduce or eliminate the pollution or the degradation and its direct effects.
4 With regard to the person in whose territory measures must be taken to limit, and to minimise, the pollution or impairment of, and direct consequences of, an area situated in the immediate vicinity of another The measures referred to in paragraph 1 may include an order giving persons in their territory and giving the measures to be taken in this respect.
If Our Commissioner in the province of the province of which pollution or impairment is as intended Article 30 is deemed to constitute a danger to the environment or to cause damage to property in such a way that it is necessary to act without delay, the measures shall be taken into account; Article 30 of the measures referred to, as long as this situation continues and until such time as the Member States make use of their powers, taken by him.
1 Deputed States and Our Commissioner Article 30 Other Article 31 no application, except as a matter of urgency, without the inspector and the mayor of the municipality where the pollution, degradation or the direct consequences of this action is present, to have provided the opportunity to to serve as an opinion.
2 They shall also not apply to the said Articles, except as a matter of urgency, without having given the person concerned the opportunity to do so within a period to be prescribed to that effect, or to the effect that the damage and direct effects of pollution minimise and eliminate as much as possible. In so doing, they may provide guidance on how this should be done.
3 In the case of the decision making a measure as referred to in Article 30 The Member States shall, on the other hand, make a period of not more than one year to our Commissioner after the expiry of which the measure expires. Those Member States shall be able to extend their time limit for a period not exceeding one year, if, in their opinion, the gravity of the pollution, the degradation or the consequences of the disease is not or has not been reduced to a sufficient degree.
The mayor of a municipality where there is a pollution or a degradation as referred to in Article 30 In the event of the occurrence of the direct consequences of that action, the Member States may, on the other hand, request that our Commissioner apply the measures provided for in Article 30.
One due to Article 30 or 31 decision taken shall be disclosed to the person concerned without delay and shall be communicated to the mayor of the municipality in which the pollution, degradation or direct effect of that pollution is present and the provincial environment commission, Intended in Article 2.41 of the Environmental Protection Act.
The cases in which the functional characteristics which the soil for human, plant or animal soil, plant or animal have, or are likely to be reduced, shall be determined by, or under general measure, under general measure.
1 The Member States which are deputised for the purpose of a decision Article 29, first paragraph , noting that there is a case of serious pollution, also determining whether the current or intended use of the soil or the possible spread of pollution lead to such risks to humans, plants or plants; animal that urgent rehabilitation is necessary.
2 Where the Member States deproted are identified as referred to in the first paragraph, they shall determine that the clean-up operation must commence for a date to be determined by them, which shall be as soon as possible after the date of entry into force of the Regulation. the order referred to in the first paragraph. At the disposal of the Member States, the decision may be taken by the Member States to submit the restructuring plan by the end of the period of application of the Article 39 , indicate.
3 In the case of the Decision, Member States may specify the temporary security measures to be subject to the pre-remediation procedure and the manner and timing of their report on the implementation of those measures.
4 Where Member States decide that there is no risk as referred to in paragraph 1, Member States may, at the time of the decision, indicate the measures to be taken in the interests of the protection of the soil and, the manner and timing of reporting of the implementation of those measures. It may also indicate which restrictions on soil use are observed by the owner, leaseholder or user of the territory in which there is a serious pollution.
5 At the disposal of the Decision, Member States may indicate the natural or legal person required by the decision applying the second paragraph, paragraph 3 or the first sentence of the fourth paragraph of Article 3 (3). -
6 At the disposal of the Member States, Member States shall indicate which changes to the use of the soil are to be notified to them.
7 Signatory states may, in response to a report referred to in paragraph 3 and paragraph 4, identify or change circumstances the risks referred to in paragraph 1, or the time of the day of the proceedings. set or otherwise fix the reorganisation or the reorganisation plan referred to in the second paragraph.
8 In the case of the measure, Article 36 , rules may be set in relation to the application of the first, second and seventh members.
1 The reorganisation shall carry out the remediation measures in such a way that:
a. At least the soil is made suitable for the post-remediation function which reduces the risk to humans, plants or animals as a result of contamination as far as possible;
b. minimise the risk of the spread of polluting substances;
c. the need to take measures and restrictions in the use of soil as intended. Article 39c and Article 39d limited as much as possible.
2 In the case of or under general management measures, detailed rules may be laid down in the first paragraph.
3 If the importance of the protection of the soil does not preclude such action, the Member States may, at the request of the person responsible for sanitizing the soil, provide that the remediation process is carried out in stages. They shall indicate:
a. For the execution of which stages a notification is made in advance to them and what data are being produced;
b. at which stage the temporary security measures should be taken;
c. how and at which times the implementation of the temporary security measures is being submitted to them; and
d. Any changes to the use of the soil should be reported to them.
4 Following a notification as referred to in the third paragraph, under A or Ed , or a report as referred to in the third paragraph, under C , Member States may provide guidance on the further implementation of the reorganisation, which shall amend parts of the restructuring plan which have already been approved.
1 If a case of serious contamination is suspected, the notification shall be: Article 28 In so far as this is not required by that Article, it shall also be accompanied by the results of the examination and, where it is intended to restore the soil, from the results of the reorganisation and a reorganisation plan, in any case:
a. a detailed description of how the remediation will be carried out, indicating how to Article 38, first paragraph , will be satisfied;
(b) a description of the effects of the reorganisation measures to be taken, including a detailed description of the quality of the soil which will be achieved by the clean-up process;
c. If contaminated soil remains in soil after remediation: a description of restrictions in the use of soil or measures expected to be necessary in the interest of soil protection, as well as an indication of soil protection. costs of those measures;
d. a budget of the cost of remediation and an overview of the resources available;
e. if the contaminated soil will be excavated or the contaminated groundwater is removed, the intended use of that soil shall be that groundwater;
f. where contaminated soil is moved within the pollution case, a description of the circumstances under which this is done;
g. the time at which the clean-up is expected to have been carried out;
h. if the pollution can spread and the reorganisation measures extend over a period of three years or more:
1 °. an overview of the interim effects and the timing of written information on the effects of the measures taken and the extent to which they correspond to the effects envisaged;
2 °. a description of another method of achieving the intended effects, referred to in point (b), in case the method included in the restructuring plan would not lead to those effects.
Provincial States may lay down detailed rules on the data to be included in the rehabilitation plan.
2 The reorganisation plan shall be subject to the agreement of the Member States, which shall agree with the plan only if the remediation process described therein is satisfied with, or pursuant to, the Article 38 Some. Member States may withhold their assent to the plan if the provisions of the first paragraph are not fulfilled. They shall decide thereon within 15 weeks of the submission of the restructuring plan. They may extend this period within six weeks from the date of receipt of the notification for a maximum period of 15 weeks. Implementation of the recovery plan may be undertaken after the consent of the Member States to the plan or to the authorisation of such agreement. The consent may be subject to rules. Consent shall be granted by law if the Member States have not taken a decision within the 15-week period or before the expiry of the time limit for the expiry of the period for which they have been extended. An agreement of law shall be regarded as a decision within the meaning of Article 1: 3 of the General Administrative Law .
3 If the intention is intended to Article 28, first paragraph , means that the clean-up is not carried out immediately after the decision, intended in Article 29, first paragraph , Member States may provide that the documents referred to in paragraph 1 do not have to be submitted to the notification.
4 The reorganisation of the soil shall report amendments to the restructuring plan, which has been approved by Member States no later than two weeks prior to their implementation to the Member States. Provincial States may lay down detailed rules on the information to be provided with the notification. Article 28, seventh paragraph , shall apply mutatis mutandis.
In response to the notification referred to in paragraph 4, 5 Member States may give instructions on the further implementation of the reorganisation, which shall entail a change in the parts of the restructuring plan which have already been approved.
This item does not apply to a notification as referred to in Article 28, third paragraph .
The person who restructures the soil, as well as the person who actually carries out the reorganisation, shall carry out the remediation work in accordance with the restructuring plan approved by the Member States and in accordance with the rules which are in accordance with the consent. If deputed States are as intended as Article 39, fifth paragraph , have been given, when the clean-up is carried out in accordance with those directions.
1 In the case of, or under general management, rules may be laid down in respect of categories of uniform reorganisation to be indicated by ministerial arrangement consisting of simple, similar restructurings of short duration. The clean-up may concern only a part of the pollution.
2 A general measure of management as referred to in paragraph 1 shall, in any event, contain rules concerning:
a. The research prior to the remediation process;
b. the information required by the notification referred to in paragraph 3, as well as the manner in which such information is to be supplied;
(c) the information which the person who sanitizes must supply to the Member States during the clean-up and the manner and time of the day at which it is to be carried out;
d. the approach and method of remediation including the commencement, duration and completion of the remediation process.
3 The person intending to clean or carry out operations as a result of which the pollution of the soil is reduced or moved in accordance with the rules laid down under paragraph 1 shall notify the Commission of its intention to deputed states of the province concerned. Article 28, seventh paragraph , shall apply mutatis mutandis. In the case of a general measure of management, rules may be laid down as to the manner and timing of the notification of the notification and the cases in which such notification may be omitted may be determined.
4 Remediation may be started, subject to the rules laid down in paragraph 1, after five weeks have elapsed from the date of receipt of the notification referred to in paragraph 3 by Member States. Any circumstances indicated by a general measure of management may be shorter than five weeks in the case of that measure. The notification shall lapse if the remediation does not commence within a time limit set by a general measure of administration.
5 The Articles 28 , 29 , 37 , 39 , 39a , 39c , 39d and 40 shall not apply where the remediation is reported and subsequently carried out in accordance with the rules established by or pursuant to the first, third and fourth members.
6 Following the implementation of the remediation process, the person who has adopted the soil shall report in writing to the Member States in writing. The report shall be subject to the agreement of the Member States which only approve the report if it has been forged in accordance with the rules laid down by or pursuant to paragraphs 3 and 4. In the case of, or under general management, rules may be laid down concerning the information to be provided in the report, the manner in which such information is provided, and the time when that information is to be given and the period within which the information is to be given. the approval of the report shall take place.
7 In the case of, or under a general measure of management, categories of restructurings for which the report referred to in paragraph 6 does not require the consent of the Member States to be taken up.
8 This article does not apply in cases as referred to in the Articles 27 , 30, first paragraph , and 43 .
1 After the implementation of the clean-up or a phase of remediation as referred to in Article 38, third paragraph , if the person who has defied the soil or has carried out a clean-up stage, shall report to the Member States in writing as soon as possible. The report shall at least:
a description of the clean-up measures taken;
b. A description of the quality of the soil after the clean-up operation, including a description of the nature and extent of the contamination if contamination in the soil has remained after the clean-up operation;
(c) if the contaminated soil has been excavated or the contaminated groundwater is extracted from the soil, the quantity, the quality and the intended use of that soil shall be the subject of groundwater;
(d) where the quantity, quality and origin of the land landed has been raised for the purpose of the remediation operation;
e. an evaluation of the extent to which the effects of the remediation measures taken correspond to the intended effects, Article 39, first paragraph, point (b) ;
f. If contamination is still in the soil after the clean-up and only restrictions in the use of soil are necessary, a description of these limitations. If, following remediation, measures must be taken in order to ensure that the soil is to be protected, to indicate the need for such protection. If both restrictions and measures are necessary after the clean-up process, indicate the need for these restrictions and measures.
2 The report is required by the agreement of the Member States, which only approve the report if it has been suspended in accordance with the conditions laid down in the report, or Article 38 , and if the limitations included in the use of soil in their judgement are sufficient to ensure that the contamination left behind after the clean-up will not lead to a reduction in the quality of the soil. as described in the report on the basis of paragraph 1 (b). Member States may withhold their agreement to the report if the reorganisation has not been remedied in accordance with the restructuring plan approved by the Member States, the deputed States decision with the restructuring plan. have consented and the regulations attached thereto, or instructions which have been taken by the Member States on the basis of Article 39, fifth paragraph Have been given. The consent may be subject to rules. Article 28, seventh paragraph , shall apply mutatis mutandis to the agreement with the report.
3 Provincial Member States may lay down detailed rules on the information contained in the report.
4 In agreement with the written report, Member States may indicate the changes which should be notified to them in the use of the soil. Following that notification, Member States may provide for an additional reorganisation to be carried out.
1 In the case of pollution in the soil after the clean-up and in the report provided for in Article 39c , it is indicated that the measures referred to in Article 39c (1) (f) are necessary at the same time as or as soon as possible after the transmission of that report by the person who has de-soil has submitted a post-care plan in which the measures are described. The post-care plan shall also include a budget of the costs of the measures and, in so far as, in addition to measures, restrictions in the use of the soil are necessary, a description of those restrictions.
2 The measures may include, inter alia:
(a) regular inspection of the facilities made for the purpose of the reorganisation and the intervals at which it is to be reported in the intervening period in the interim;
(b) maintain and maintain and, where necessary, restore, improve or replace those provisions.
3 The post-care plan needs the consent of the Member States, who only agree with the post-care plan if the limitations of the use of the soil or measures contained therein are sufficient to ensure that the plan is sufficient to ensure that the pollution left after remediation will not result in a reduction in the quality of soil as described in the report on the basis of Article 39c, first paragraph, point (b) . The implementation of the post-care plan may be undertaken after the consent of the Member States to the plan or to grant the consent of the law. The consent may be subject to rules. Consent shall be granted by law if the Member States have not taken a decision within the six months following receipt of the post-care plan. An agreement of law shall be regarded as a decision within the meaning of Article 1: 3 of the General Administrative Law . Article 28, seventh paragraph , shall apply mutatis mutandis to the agreement with the post-care plan.
4 Article 39c, fourth paragraph , shall apply mutatis mutandis to the agreement with the post-care plan.
5 Provincial States may lay down detailed rules on the information to be included in the post-care plan.
1 The owner, leaseholder or user of the territory where there has been a contamination in the soil after the clean-up, shall take into account the restrictions in the use of soil set out in the written report provided for in Article 39c, first paragraph , or the post-care plan, intended in Article 39d, first paragraph .
2 With the implementation of the measures described in the post-care plan, the person who has applied for the soil or the person appointed for that purpose in the post-care plan shall be responsible for agreeing to the post-care plan to which the Member States have authorised them. Implementation shall be carried out in accordance with the post-care plan approved by the Member States and in accordance with the rules which are in accordance with the agreement.
1 Appointed states may agree to a rehabilitation plan referred to in Article 2 (2). Article 39, second paragraph , under the agreement of a post-care plan, as provided for in Article 39d, third paragraph -to lay down rules for the provision of financial security by the person who defies the soil for the adoption of measures to implement the restructuring plan, or the measures referred to in Article 3 (1) of the EC Treaty. Article 39d, first paragraph . in any event, the amount for which the security is maintained shall be indicated in each case.
2 In the case of a general measure of management, rules may be laid down on cases where and the manner in which financial security is to be lodged and on the maintenance of the financial guarantee. The measure may stipulate that the Member States shall be able to recover the amount of the liabilities for which financial security has not been paid in the event of a compulsory order.
1 If the importance of soil protection is not opposed to this, deputed states may, by way of derogation from the Articles 28 and 39 , allow for a notification as intended Article 28 must be sufficient to provide:
a. The results of a further examination of only part of the contamination of the soil and
b. A reorganisation plan for the part referred to in point (a).
2 The documents referred to in paragraph 1 shall be subject to the agreement of the Member States. Article 39, second paragraph , shall apply mutatis mutandis.
Mayor and aldermen declare to the Member States the known and well-known cases of serious pollution which are known and within the territory of their municipality. Mayor and aldermen shall inform the person in whose territory there is a case referred to in the first sentence of that fact as soon as possible.
If:
a. Within the territory of a serious pollution incident, a further case of serious pollution is situated or
b. occurrence of severe pollution within landlocked areas; and
to the judgment of Member States within the group of cases referred to in A Below B For the purpose of dealing with pollution, there is sufficient coherence, the Member States shall determine that the clean-up of the two cases is to begin at the same time.
1 Deputed states may, in relation to the territory in which the pollution is situated or the direct consequences thereof, be:
a. In the case of an investigation, to carry out further investigations in the manner indicated in that investigation; or
b. In case of a serious pollution incident, temporary security measures shall be adopted.
2 The orders referred to in paragraph 1 may be given only to the person having a right of business or a personal right in that territory and has also been in use or has been in use in the exercise of a holding.
3 Signatory states may also:
a. The person whose action has been the cause of a research or case of serious pollution, or
(b) the owner or leaseholder of the territory in which the pollution is caused or the direct consequences of such pollution are present;
to carry out further investigations in that regard or, in the case of a case of serious pollution, to carry out reorganisation investigations or to reorganise the soil in the case of a decision as referred to in Article 2 (2). Article 37, first paragraph , it has been established that emergency clean-up is necessary, or to take the measures indicated in accordance with Article 37 (4) .
4 The order to clean up the land referred to in paragraph 3 may include, inter alia, the adoption of temporary security measures or the establishment of a recovery plan.
5 The order to restore the soil referred to in paragraph 3 shall not be given if the pollution has been contaminated with respect to the case of pollution in accordance with the conditions laid down in that paragraph. Article 38, first paragraph .
1 If deputed States consider under Article 43 give an order in response to a notification as intended Article 28 , they shall inform the person who has made the notification.
2 Deputed states go to give order under the law Article 43 no longer than after the mayor and aldermen of the municipality concerned and the inspector have given the opportunity to advise them on this matter.
No Member States shall not proceed to give an order under Article 43 without having given the person concerned the opportunity to carry out further investigations or reorganisation investigations, to clean the soil, to introduce temporary security measures, to take place within a period to be specified, after consultation with the person concerned, to draw up a reorganisation plan, or to take the measures indicated in accordance with Article 37 (4) .
4 In a case as referred to in paragraph 3, Member States may give instructions on how this should be done.
5 Where the Member States of another province also intend to give an order to the person concerned, the Member States concerned shall, at the request of the person concerned, also involve the Member States of the other province of that province in the consultations provided for in the third paragraph, and when determining the period of time in which the case in question must be examined or suspended pursuant to an order to be issued.
6 If deputed states provide an order based on Article 43 in the case of a case of serious pollution which is not situated in the territory of the person to whom the warrant is issued, they shall not exceed, after consultation with the person in whose territory the order is to be taken. in the case of a case of serious pollution.
1 An order for remediation as referred to in Article 43, third paragraph , unless it concerns temporary security measures, it shall not be given to the owner or the owner of the territory of the territory, if the owner or the owner of the territory of the territory of the Member State concerned has Article 45, third paragraph , consultations with him show that he:
a. During the period during which the pollution was caused, no durable legal relationship has been associated with the cause or cause of the pollution;
b. has not had any direct or indirect involvement in the causation of the pollution; and
c. at the time of obtaining the right to the territory, it was not aware, or could reasonably have been aware, of the pollution.
2 If an owner or leaseholder:
a. does not comply with the first paragraph, A But the cause of the causation of pollution has not been caused to such a degree.
b. does not comply with the first paragraph, B , but not to such extent involved in the denunciation of pollution,
but otherwise satisfies the first paragraph, the Member States shall not give him an order if they agree to pay to them an amount corresponding to the cost of remediation of the part of the pollution to which the He is involved in the same way as he is involved.
3 The second paragraph shall apply mutatis mutandis to the person whose act of action has contributed to a case of serious pollution, but which is not involved in such action in the event of the causation of pollution.
1 Of a decision pursuant to Article 43 shall be notified to the mayor and to aldermen of the municipality concerned and of the inspector.
2 In a case as referred to in Article 45, sixth paragraph In addition, the decision shall be communicated to the person in whose territory the investigation or case of serious pollution occurs.
States responsible for conducting research and research in their province, as well as for the reorganisation and remediation of cases of serious pollution in their province, unless provided for therein, shall be responsible for conducting the research and reorganisation of the In the manner provided for in Article 13 , 27 , 28 , 43 to 47 , 55b or 72 .
1 Appointed states may, if necessary for further examination, remediation, remediation, implementation of measures, Article 37, third and fourth paragraphs , or the implementation of the measures referred to in Article 39e, second paragraph , to be made possible, take measures as referred to in Article 30, second, third and fourth paragraphs . The measures may involve the adoption of measures as referred to in Article 37 (3) and (4).
2 For the purpose of conducting a policy study, the Member States may also take a measure as provided for in Article 2 (2) of the Article 30, third paragraph, point (a) , in relation to the person in whose territory the investigation is to be carried out.
3 With respect to cases referred to in paragraphs 1 and 2 of this paragraph, whose investigation or remediation is carried out by the mayor and aldermen, the powers of the Member States shall be entrusted to the Member States in accordance with which they shall be subject to the powers conferred on them by the Mayor and aldermen. Article 55 shall apply mutatis mutandis to the mayor and aldermen.
4 Article 47, first paragraph , with regard to the exercise of the powers of application of the provisions of the first, second and third paragraphs.
1 If necessary to enable the remediation of a serious pollution incident, our Minister may, at the request of the Member States concerned, advance to a public body designated by that request:
a. the ownership or use of immovable property situated within the territory in which the cause of the pollution is in that case, or the contamination or its direct consequences occur;
b. Restricting rights to which cases referred to in point (a) are subject, or the use thereof.
2 Before any Member State makes a request as referred to in paragraph 1, the Member States shall endeavour to obtain an appeal for an amicable settlement. When requested, they shall report to them on the consultations with the rightholders concerned. Our Minister shall not exercise the powers granted to him in the first paragraph from the point of notification of his intention to the States-General and shall submit the report referred to in the second sentence.
3 The Act of law applies, except that the Articles 3 , 3a , 5 , 9, third member , and 13, third member, second sentence , stay out of control.
4 In determining the amount of the compensation, the pollution of the soil shall not be taken into account, provided that the damage is not attributable to the creditor or, in so far as it is not unjustified, enriched.
5 The person whose interest is claimed shall pay to the holder with whom the determination of the amount of the indemnity shall not be taken into account in the consultations, Article 17 of the Proceedings Act an advance payment of 90% of the amount offered to him as compensation was reached, or which did not take part in such consultations.
1 Deputed states can invite mayor and aldermen to apply for Article 3.22, first paragraph, of the Spatial Planning Act for a maximum period of five years, to be determined by them, to waive a zoning plan, if it is necessary for the purpose of the remediation of the soil for that period of time or another material to be stored in derogation from that plan. If a result has not been taken within ten weeks of the invitation to be sent, Member States may grant the exemption.
2 At or under Article 3.22, third, fourth or fifth paragraph, of the Spatial Planning Act certain is applicable mutatis mutandis.
1 Mayor and aldermen may request the Member States to entrust them with the investigation of cases of investigation, reorganisation or remediation of cases of serious pollution, in so far as such investigation or remediation is carried out, or due to deputed states, will be implemented in the territory of their municipality.
2 Appointed states to decide on a request as referred to in paragraph 1 within four weeks of receipt of such a request. The order of the order shall be communicated to the inspector.
1 A decision as referred to in the Article 29, first paragraph In conjunction with 37, 1st Member , 39b in conjunction with Article 14 of the Decision uniform sanusals , 39c, second member , and 39d, third member , and an order as referred to in the Articles 30 , 43 and 49 , indicate, by reference to an attached cadastral card, the cadastral mark of the immovable property or cases in respect of which the order or order is subject to a public-law restriction as referred to in Article 3 (2). Article 1 (a) of the Law on public-law restrictions on immovable property or, in respect of which the decision or order amends or lapts in such a way as to expire.
2 Under ministerial arrangements, rules may be laid down for the implementation of the first paragraph.
For the purposes of this paragraph and the provisions which are based thereon, an area of interest shall mean a plot of property Article 1, first paragraph, of the Kadasterwet Act on which business activities are carried out by a company within the meaning of the Income Tax Act 2001 or the Law of corporation tax 1969 Not part of the agricultural sector, as set out in the Community guidelines for State aid in the agricultural sector of 1 February 2000 (PbEG C 28) or in accordance with the rules laid down in the Community guidelines.
1 The owner or, in the field of business, a right of land lease, the leaseholder of an area of business where, according to a policy study or other field study relating to the quality of the soil, a pollution whether the direct consequences of pollution occur, and that is a category of industrial areas designated by or under general management, which is likely to be a serious pollution event It will be necessary to develop and clean up as soon as possible Article 37, first paragraph , carry out a further investigation with regard to that pollution.
2 The further investigation shall be carried out within six months of the date of entry into force of this Article and without delay to the Member States in issue.
3 If the ownership or leaseholder is transferred, the obligation to carry out the further investigation remains to rest on the owner or leaseholder who transferred his property, respectively, to his right of inheritance, and shall be obligation to co-apply to the successor owner or leaseholder.
1 The owner or if a right of leaseholder is resting in the premises, the owner of an area of business where a case of serious pollution has occurred, is obliged to clean the soil if in a decision referred to in a decision as intended in Article 37, first paragraph , it has been established that emergency clean-up is necessary. The remediation process shall begin at the latest for the time specified in the Decision. The intended owner or leaseholder shall be required to take temporary security measures as referred to in Article 37, third paragraph , or measures as referred to in Article 37 (4) , to take and to report on the implementation of those measures, as provided for in the Decision, as provided for in Article 37, first paragraph .
2 Article 43, third paragraph , does not apply to the extent that it concerns the possibility of deputed states to order the owner or the owner of an area of business as referred to in paragraph 1 to clean up the soil, to take temporary security measures than to to take the measures indicated in accordance with Article 37 (4) .
3 If the ownership or leaseholder is transferred, the obligation to remediate shall remain on the owner or leaseholder who transferred his property, respectively, to his/her right of succession until the date of the successor. the owner or the successor, the successor, has provided financial security for the recovery costs and has been accepted by the Member States. Article 39f, second paragraph , is applicable.
1 Appointed States may, at the request of a governing body or of its own motion, designate an area where an area-based approach is to take place.
2 An area-based approach is targeted at:
a. to minimise the risk of spreading pollution outside the designated area; and
b. the protection of existing and intended functions of, in and on the soil within the designated area.
3 The power referred to in paragraph 1 may be used if cases of contamination in the deeper groundwater in an area are mixed or may be mixed in such a way as to ensure that these cases are applied to the application of this law. The judgment of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the Member States of the European Union be able to influence the approach of these cases to a significant degree, and, in the opinion of Deputed States:
a. Obstacles to spatial developments and other plans for development of the area should be impeded;
(b) taking measures to prevent the spread of pollution outside the region, or which is not likely to occur in an efficient or cost-effective manner; or
(c) other special circumstances make an area-oriented approach desirable.
1 An area-based approach shall be implemented in accordance with a plan adopted and approved for that purpose. The implementation shall be carried out by the governing body which adopted the plan.
2 Article 29 , as well as the Paragraphs 3 and 3a of Chapter IV does not apply to the remediation of contaminants in the deeper groundwater that are Article 55g they have been identified in the plan.
1 The plan, intended to Article 55d, first paragraph , it shall be determined by:
(a) the Governing Body which intends to make the application, Article 55c, first paragraph , to be done, or
b. Member States if they intend to take their own initiative of their own motion as referred to in Article 55c, first paragraph .
2 The plan shall contain at least the following information:
a. The objectives of the area-based approach within the management area, as well as the measures taken to achieve it;
(b) the period within which these objectives will be attained;
c. a description of the research carried out for the purpose of drawing up the plan;
d. the manner in which the plan fits within relevant spatial and water plans;
e. a budget of the cost of remediation and an overview of the resources available to it;
f. the manner in which obstacles to an effective area oriented approach will be removed, as well as the manner in which cooperation will be carried out with the Member States if the plan is not established by the Member States, and
g. the contaminants in the deeper groundwater, intended in Article 55g .
3 The plan takes into account the impact of the area-based approach in areas which are not part of it, and, where appropriate, shall include provisions to monitor and monitor possible impacts on those areas, and measures to intervene as a result.
4 On the preparation of the plan is Section 3.4 of the General Administrative Law applicable.
5 If a request is made as intended in Article 55c, first paragraph The plan referred to in paragraph 1 (a) shall, upon request, be submitted to the Member States in agreement with the request.
A plan which has not been adopted by the Member States shall be subject to the agreement of the Member States. Member States may withhold consent to the plan if they do not make use of their competence in accordance with Article 55c, first paragraph Or, in their opinion, sufficient evidence is that the area-based approach will not meet the objectives mentioned in Article 55c, second paragraph.
1 The governing body which the plan is intended to Article 55d, first paragraph , establishes, acts for a pollution which will be segmented as part of the area-based approach and which will be used as such in the field of pollution in accordance with Article 55e established, and become irrevocable, plan shall be irrevocably in place of the person to whom Article 43 the pollution in question may be given an order, or on whom an obligation as referred to in Article 1 Article 55b is applicable.
2 The governing body which the plan is intended to Article 55d, first paragraph , has established, may add contaminants to the planned plan. Article 55e, fourth paragraph , and 55f , these changes do not apply. The first paragraph shall apply mutatis mutandis to such contamination as soon as the amending act has become irretrievable.
3 The governing body which establishes the plan shall inform the Member States of any amendments to the plan referred to in the second paragraph.
Rules may be imposed on or pursuant to general measures of management in respect of:
a. the information submitted when a request is made to Article 55c, first paragraph ;
b. The conduct of soil research in preparation of a plan as referred to in Article 55d, first paragraph ;
c. the subjects at least included in the plan;
d. the monitoring and evaluation of the progress of an area-based approach.
If more than one administrative organ has jurisdiction in the area of Article 88, first or fifth paragraph In this paragraph, the powers of the Member States referred to in this paragraph shall be exercised by the following:
a. Member States of the province in which the largest part of the territory is situated, if the area is more than one province;
b. Mayor and Mayor of the Municipal Council Article 88, first paragraph (i) applies, where there is a competent authority on a part of the territory of the territory, and the majority of the territory is situated in that municipality;
c. Member States, in all other cross-border situations.
In this paragraph 'reasonable price' shall mean the price established for the sale of free commercial traffic between reasonable trading parties, without taking into account the contamination of the soil.
1 A municipality is obliged to purchase land, the dwelling thereon, or a right in respect of the land or property, if:
a. the dwelling is located on a part of the territory of the municipality which includes a case of serious pollution or is part of a serious pollution incident;
b. due to Article 37, first paragraph It has been established that the current or intended use of the soil or the possible spread of pollution lead to such risks to humans, plants or animals that urgent remediation is necessary and
c. that part of housing construction has been sold or has been issued in land lease after the pollution has been caused.
2 The purchase shall be made at a reasonable price.
The obligation exists only if a request for purchase has been made by:
a. the owner of the land or the dwelling;
(b) the person to whom the right of land or of use or of use and habitation belongs, to which the land or dwelling is subject.
1 The obligation exists only to a rightholder who demonstrates that:
a. dwelling on the dwelling;
(b) during the period of pollution of the pollution, no durable legal relationship has been established with the cause or cause of the cause;
c. has not had any direct or indirect involvement in the causation of pollution and
d. at the time of obtaining his or her right was not aware, or could reasonably have been unaware of, the pollution.
2 Furthermore, the owner must show that the property is not marketable at a reasonable price in free commercial traffic. In any case, he may prove it if he has offered the property in vain for sale three times in a daily paper at a reasonable price, for a period of six months after the date of his/her application. Article 37, first paragraph It has been established that the current or intended use of the soil or the possible spread of pollution lead to such risks to humans, plants or animals that urgent remediation is necessary.
The municipality shall not be obliged to purchase if:
a. The pollution only concerns the groundwater, or
b. Demoted States shall make a request to Article 50, first paragraph , or in advance, an offer of amicable settlement as referred to in Article 50, second paragraph -Have done it.
Article 75, third paragraph , does not apply to:
(a) the rightholder referred to in Article 59;
(b) the municipality which purchases the land, the dwelling or a right in respect of the land or property;
c. The person to whom the municipality sells the land, the dwelling or the right with regard to the land or the property, unless he habitabers or has inhabited the property.
Mayor and aldermen decide within three months at the request. They shall send a copy of the request and of their decision thereon to the Member States.
Disputes concerning the decision of the municipality on the request or in respect of the purchase price shall be brought to the notice of the court within the jurisdiction of which the property is situated.
1 For the purposes of this paragraph, the term 'administrator' means any of the following: Article 1.1 of the Water Act 'means'
2 For the purposes of this paragraph, 'surface water body' means any of the following: Article 1.1 of the Water Act 'means'
In the case of any contamination or degradation of the soil as intended Article 13 extend to the bottom or bank of a surface water body, deputed States shall consult with the administrator in this area, before taking advantage of their powers.
1 By way of derogation from Article 99, fourth paragraph , are the Articles 28 , 28a and 29 , the Paragraphs 3 and 3a of Chapter IV and Article 75 Co-applicable to the soil or bank of a surface water body, where:
a. a case of serious pollution also extends to that soil or bank;
b. in accordance with Article 37 , first paragraph, it has been established that urgent remediation is necessary; and
c. the source of the contamination or degradation beyond that soil or bank is located.
2 In a case referred to in paragraph 1, Member States shall consult with the administrator before they exercise their powers of use.
1 Our Minister may, in accordance with our Minister of Agriculture, Nature and Food Quality, the Technical Committee on Soil, grant an exemption from the provisions of the Ministerial Regulations for categories of acts which are specified in this Chapter III Rules laid down, in so far as the importance of the protection of the soil is not precluded from it.
2 The provisions of an exemption shall be subject to the rules necessary for the interests of the protection of the soil.
3 Where the provisions of paragraph 1 referred to in paragraph 1 Chapter III By way of derogation from the first paragraph, the Minister for Agriculture, Nature and Food may, by way of derogation from the first paragraph, apply to the Minister for Agriculture, Nature and Food Quality in order to improve the conditions laid down for the rules laid down. agree with our Minister, after hearing the Technical Committee on Soil, on the exemption of those rules, in so far as the importance of the protection of the soil does not preclude such action. The second paragraph shall apply mutatis mutandis.
1 In the case of a general measure of administration as defined in the Articles 6 to 11 In cases where the importance of the protection of the soil does not preclude such an action, it may be stipulated that, in cases where the importance of the protection of the soil does not preclude such action, the latter may, at the request of the measure, grant exemption from the prohibitions laid down in and obligations. If an institution of the State is not designated as a governing body, a decision relating to a derogation shall be the subject of a decision Article 1.2 of the Environmental Protection Act The Provincial Environment Regulation adopted.
2 A competence referred to in paragraph 1 shall not apply in respect of establishments for which an environmental authorisation for an activity is considered to be Article 2.1, first paragraph, point (e) of the General Provisions Act is required.
3 An exemption may be granted under restrictions; regulations may be subject to rules. The restrictions and regulations are put in place in the interests of protecting the soil.
4 In the case of a measure referred to in paragraph 1, rules may be laid down in implementation of a treaty or an international law governing the Netherlands, binding on the Netherlands, with regard to cases in which the a waiver may be granted and the rules or restrictions, which should in any case be subject to a waiver.
5 On the preparation of a decision on a request for a waiver Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable, unless in the case of a general measure of management referred to in the Articles 6 to 11 Otherwise it is determined.
6 If the waiver relates to a forest demented system, Article 8, third paragraph , mutatis mutandis.
1 Restrictions under which an exemption has been granted, and rules attached thereto, may be amended, supplemented or repealed in the interests of the protection of the soil. If no restrictions or regulations have been laid down, this may be done in that interest.
2 A derogation may be withdrawn in whole or in part if:
(a) a requirement attached to the waiver is not respected;
b. This is necessary in the interests of the protection of the soil.
3 In the preparation of a decision to a request from the holder of a waiver to amend any of the rules or restrictions attached to it and to the preparation of other decisions pursuant to paragraph 1 and of decisions pursuant to paragraph 2 (b), Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable, unless in the case of a general measure of management referred to in the Articles 6 to 11 Otherwise it is determined.
4 If the waiver relates to a forest demented system, Article 8, third paragraph , mutatis mutandis.
1 The governing body Article 65, first paragraph The inspector shall give an opinion on the draft of the decision to the application for exemption and on the intention to grant an exemption, or to grant an application for a derogation, or to decide on a request for a derogation. disposition and the design of a decision pursuant to Article 66 , other than at the request of the holder of the waiver. In the case of a general measure of management, other administrative bodies may be appointed, which, if the request concerns a subject mentioned above, shall be given the opportunity, in accordance with the first sentence of this paragraph, to be given the opportunity to deliver an opinion.
2 The Member States deputed for the Deputy Mayor and the Alderman shall send a copy of a copy of the Article 65 or 66 He took the decision to our minister.
If application has been given to Article 65, first paragraph , the governing bodies designated under that article shall keep a record of records of decisions taken in respect of derogations.
1 In the case of a general measure of management, provision may be made
(a) that the rules laid down in that measure must be complied with in the case of public research in the interests of soil protection;
(b) colleges of mayor and aldermen, colleges of deputed states, boards of legal personality, as intended for the purpose of the measure, are designated by that measure. Common Arrangements Law that other public bodies have been kept in their authority with due regard to the rules laid down in that measure as referred to in (a) to be carried out or to cooperate in such investigation.
2 Rules as referred to in the first paragraph, A and B , inter alia, may include:
(a) the manner in which the investigation is to be carried out;
b. Frequency of the study;
c. The density of the measurement points to be used within the framework of the study;
d. the processing and registration of the results of the investigation;
(e) the provision of results and the provision of information in respect of the administrative bodies designated by that measure.
In the case of a general measure of management, it may be stipulated that, in cases to be notified to that measure, designated administrative bodies may, if they consider in the interests of the protection of the soil, assess on-the-spot investigations, rightholders in respect of the part of the soil where that examination is established, the obligation to impose the examination, nor do it apply, it is present, maintenance, use and removal of the to carry out the necessary resources for that examination, without prejudice to the rights of those rightholders to damages.
1 In the case of a general measure of administration as defined in the Articles 6 to 11 the person who, under that measure, is required to carry out investigations in a manner specified in that provision or in a part of the soil in respect of which it lacks the necessary authority, may be determined to appoint an aid to the measure in respect of which he/she is not entitled to may require the rightholders to do so by means of an obligation to do so Article 70 -to record.
2 When applying the first paragraph, the measure shall also specify the information to be submitted when a request is made in accordance with the first paragraph.
3 The governing body concerned shall impose on the imposition of the obligation such conditions as to ensure that the compensation for damage to the rightholders is adequately ensured.
In the case of a general measure of management, it may be laid down that the categories of cases to be identified by the rightholder in a territory where an act is or is being carried out which may contaminate or affect the soil shall be compulsory. to carry out studies relating to the quality of the soil and to submit the results of that examination to administrative bodies designated by that measure. Article 71 shall apply mutatis mutandis.
The damage resulting from an investigation as referred to in Article 70 Other Article 71 It shall be refunded by the authority which has imposed the obligation to carry out that investigation, by the person on whose request a liability is imposed. The claim for damages shall be brought to the notice of the court of first instance within the jurisdiction of which the investigation has been carried out.
1 The damage resulting from an order as referred to in Article 30, third or fourth member , or Article 49 j ° Article 30, third or fourth member , is reimbursed by deputed states or by mayor and aldermen who have issued the warrant.
2 If deputed states or mayor and aldermen had been able to issue an order as intended Article 30, third or fourth member , or Article 49 j ° Article 30, third or fourth member But which have been omitted in connection with the voluntary cooperation of the person to whom the injunction could have been directed, the first paragraph shall apply mutatis mutandis.
3 No compensation for damage shall be made to the extent that the damage is attributable to the beneficial owner, or to the extent that it is unwarranted by the damages.
4 The claim for damages shall be brought to the notice of the court within the jurisdiction of the territory of which the territory is situated.
1 The State may, subject to the costs of investigation of research and reorganisation and remediation of cases of serious pollution, save the costs borne by the State, subject to the law, the costs to be borne by the State concerned by the wrongful death of the it causes the pollution or the degradation of the soil in the case in question and which is liable to the consequences thereof by way of automatic or otherwise external agreement to any government under civil law.
2 The State may, where the costs of a case referred to in the first paragraph, be borne by a province or a municipality, including those expenses in accordance with that paragraph.
3 The State may, in accordance with the rules concerning unjustified enrichment, recover from the State costs incurred as a charge to the State which is thereby unwarranted by such investigation or remediation. The second paragraph shall apply mutatis mutandis.
4 The powers referred to in paragraphs 1 and 3 shall be granted to the province or the municipality in cases where the costs referred to in paragraph 1 are to be borne by the province or the municipality, and in cases where the State does not avail itself of that power. to the extent that such costs are borne by the person concerned.
5 In cases where the person responsible for pollution or damage is not liable under the first paragraph as he or he has not acted unlawfully as a result of contamination or damage to any State, the person referred to in that paragraph may The costs shall nevertheless be borne by the State, if the conditions are fulfilled:
(a) at the time when the pollution or damage was caused by the cause of the pollution or destruction, the hazards associated with the substances which caused the pollution or damage were, or had been, associated with the hazards. know, and
(b) the cause of these serious dangers has not been seriously criticised by the person responsible for carrying out such serious risks, whereas, if the conduct or business has been carried out, it has not been taken into account in respect of the serious reproach in particular should be taken into account:
1 °. operating at the time in similar holdings; and
2 °. the alternatives existing at that time and for the person liable to be reasonably applicable.
6 Our Minister may grant a mandate to Member States, or mayor and aldermen, to waive the right to recover the costs of the State as referred to in paragraph 1 pursuant to paragraph 1 or paragraph 3.
1 Our Minister may provide for the research and remediation of cases of serious pollution subsidy, in respect of or pursuant to general measures of management or of ministerial arrangements.
2 In the case of, or under a general measure of administration or under ministerial arrangement, rules may in any case be subject to:
a. Criteria for the provision;
(b) the period for which the grant is granted;
c. the conditions under which the grant is granted;
d. the application for a grant and the decision-making process;
e. the obligations for the grant recipients;
f. the amount of the grant or the way in which it is determined;
g. the payment of the grant and the granting of advances.
3 Every year, the Minister may establish a grant fund for the various activities in respect of which a subsidy may be granted. In so doing, he shall determine the method of distribution of the amount available.
4 Our Minister may delegate the implementation of a general measure of administration or any ministerial arrangement referred to in paragraph 1, including the taking of decisions under these rules, to other governing bodies.
1 The President-in-law Article 76l, first paragraph , persons designated shall be authorized to request information from the applicant for a grant. The Articles 5:13 , 5:15 , in so far as the localities used by the applicant are concerned, and No. 5:17 of the General Administrative Law Act shall be applicable mutatis mutandis.
2 An application may be rejected if the applicant does not cooperate in the exercise of the powers referred to in the first paragraph.
1 The supervision of the fulfilment of the obligations imposed on the grant recipient shall be subject to the responsibility of the persons appointed by the decision of Our Minister.
2 The supervisor does not have the powers, mentioned in the Articles 5:18 and 5:19 of the General Administrative Law Act .
3 Of a decision referred to in paragraph 1, a notice shall be made by the State Official Gazette.
4 Grants provided under this Act are the obligation of the grant recipient to provide to a supervisor any cooperation which it may reasonably be able to claim in the exercise of its powers.
1 The costs associated with the in Article 57 The obligation referred to above shall be borne wholly by the municipality concerned.
2 If a municipality is to be found or to be by application of the first member in a case referred to in Article 12 of the Financial Ratio Law Our Minister may, in accordance with Our Ministers of the Interior and Kingdom Relations and Finance at the request of the mayor and aldermen, make a contribution to the costs referred to in the first paragraph.
3 In the case of Member States, the Member States shall contribute to the municipality fixed pursuant to paragraph 2.
4 In the case of, or under general management, rules shall be laid down regarding the costs of which a contribution referred to in the second paragraph may be granted.
States shall grant a contribution to a municipality at the request of the mayor and aldermen of a contribution of 22.5% of the corresponding amount, Article 57 fixed purchase price, if that municipality demonstrates that:
(a) during the period of pollution caused by the pollution, no durable legal relationship has been established with the cause of the pollution or the cause of the cause of the pollution;
b. has not had any direct or indirect involvement in the causation of pollution and
c. at the time of sale of land for housing construction or issued in a land lease, it was not aware, or could reasonably have been aware, of the pollution.
No duties shall be levied in respect of decisions taken pursuant to this Law.
1 At the request of our Minister, deputed states report on:
a. the implementation of this law in their territory; and
b. the progress of the implementation of the soil remediation operation.
2 In the case of, or under general management, rules may be laid down on the manner in which the report referred to in paragraph 1 is to be submitted and on the information to be provided.
3 Following the report referred to in paragraph 1, a call from Our Minister with deputed States on the implementation of the Act may take place.
4 Mayor and aldermen of the municipalities which are not in the Article 88, first paragraph or under paragraph 5 of this Article, the information referred to in paragraph 2 shall be given in respect of the territory of their municipality to the Member States of the province of the province.
1 The municipalities of Amsterdam, ' s-Gravenhage, Rotterdam and Utrecht are treated in the same way as a province for the purposes of:
a. the Articles 27 to 34 , 37 , Article 38, third and fourth paragraphs , 39 , 39a , 39b , 39c , 39d, third, fourth and fifth member , 39f, 1st Member , 40 , 42 , 43 to 51 , 55 , 55ab, second member , 55b, third member , 55c, first and third members , 55th, first, second member, point (f) and fifth member , 55f , 55g, third member , 63c, second member , 74 to 76l , 83 , 87a and 92b ;
b. [ Red: Expiring.]
2 In cases where the equivalence referred to in paragraph 1 is applicable, the Articles 41 , 51 and 53 external application.
3 Without prejudice to the second paragraph, in the cases referred to in the first member, the council shall act instead of provincial states, the college of mayor and aldermen shall act instead of deputed states and the mayor shall act instead of Our commissioner in the province.
4 In the cases referred to in the third paragraph:
a. Member States shall also be given the opportunity to give their opinion in accordance with: Article 32 ;
b. may also request deputed states to be referred to in Article 33 ;
(c) a decision, including a decision on a request, is also sent to the Member States concerned;
d. becomes the content of a result Article 30 or 31 The decision shall also be communicated to the Member States without delay and the decision shall also be forwarded to them.
5 In the case of a general measure of management, the first paragraph may be declared to apply mutatis mutandis to municipalities other than those mentioned in paragraph 1.
For the purposes of the application of the Articles 28 , 32 to 34 , 41 , 43 , 45 , 47 , 49 , 51 , 53 and 75 the territory of an upper municipal public body with a municipality and the administration of such body with the municipal council, as mayor and aldermen, shall be equally established.
1 We may in the interest of the defence of Chapter III and Chapter IV , Section 3 , rules set out:
(a) grant an exemption from a general measure of administration;
(b) grant a derogation on request.
2 The rules which, in our view, are necessary in the interests of the protection of the soil, are subject to an exemption or exemption.
3 The nomination for a decision under the first paragraph shall not be made to us than at the request of our Minister of Defence.
1 The nomination for a general measure of governance under this Act, which relates to acts involving agricultural substances from or into the soil, is done to Us by Our Minister of Agriculture, Nature and the Ministry of Agriculture. Food Quality and Our Minister jointly; the nomination for a general measure of governance under this Act is made Us by Our Minister and Our Minister of Agriculture, Nature and Food Quality jointly, as far as the measure in has a significant degree of involvement in acts that may affect the agricultural production capacity of the soil or on acts of importance for the protection of nature and landscape.
2 The nomination for a general measure of management under Article 36 We are done by Our Minister and Our Minister for Transport and Water stands together.
1 The draft general measure of management under the Articles 6 to 12b , 36 and 38, second paragraph , or 72 , shall be submitted to the two Chambers of the States-General and in the Official Gazette announced. Each of them shall be given the opportunity to submit their comments in writing to our Minister in writing, within a time limit of not less than four weeks, to be published.
2 A general measure of administration under the Articles 6 to 12b , or 72 , after it has been established, shall be sent to both Chambers of the States-General. He does not enter into operation sooner than four weeks after the date of issuance of the State Sheet where it is placed.
3 One under the Articles 36 and 38, second paragraph , adopted general measure of management shall enter into force at a time when, after the expiry of a period of four weeks from the date of its transmission to the States General, it shall be adopted by Royal Decree, unless within that period, by or on behalf of one of the Member States, the The Chambers of the States-General expressed the wish to ensure that the subject governed by the general measure of administration is governed by law. In such a case, a proposal of a law to that effect shall be submitted as soon as possible and the general measure of management shall be withdrawn without delay.
4 The third paragraph shall not apply if a person under the conditions of Articles 36 and 38, second paragraph , established general measure of administration only for the purpose of implementing a treaty of the Netherlands or a decision of an international organisation which is governed by the Netherlands. In that case, the procedure referred to in paragraph 2 shall be followed.
By way of derogation from Article 67, first paragraph, of the General Law on State Taxation The National Tax Office is obliged to inform our Minister, the Member States and the Mayor and the mayor, without charge, free of charge, all information and information necessary for the implementation of this Law.
Where, in the interests of proper implementation of the law, further arrangements are required in this Act, it may be carried out in the case of a general measure of management.
A practice in violation of a prescription, according to Article 64, second paragraph , 65, third member , or 66, 1st Member , linked to an exemption or exemption is prohibited.
1 With regard to the quality of the implementation and enforcement of the goods determined by or under this law, the Articles 5.3 to 5.16 and 5.18 to 5.23 of the General Provisions Act applicable.
2 In Article 5.2, first paragraph, of the General Provisions Act shall be responsible for the enforcement of the rules applicable to the person implementing the project referred to in that paragraph by virtue of or by virtue of the provisions of this Law.
3 Our Minister, Member States and mayor and aldermen have the task of ensuring the administrative enforcement of: Article 13 .
4 The following administrative bodies shall have the task of ensuring the administrative enforcement of the provisions of, or pursuant to § 3 and § 3a of Chapter IV and Article 72 :
a. In cases as referred to in Article 88, first and fifth paragraphs ,: Mayor and aldermen;
b. In other cases, Member States shall be deputed.
5 In the case of a general measure of administration as defined in the Articles 6 to 12a may be indicated under what conditions and in which cases the powers of administrative enforcement do not lie with the competent authority but with our Minister.
1 The competence of municipalities and water agencies to make regulations remains in place with respect to the subject provided for by this Act, in so far as these regulations do not conflict with the law or under this law.
2 By way of derogation from the Article 119 of the ProvincieAct , 122 of the Municipal law and 59, second member, of the Water law continue to lay down the provisions of regulations of provinces, of municipalities and of water authorities on the subject under which this Law provides-except in cases where conflict with the rules laid down by or under this Law would arise- -from force to two years after the entry into force of the this Article .
In the case of a general measure of administration as referred to in the Articles 6 to 12b provide for the rules to be applied in respect of the rules to be applied in such a measure.
For the implementation of this Act, in respect of areas not part of a province, rules shall be laid down, where necessary by a general measure of administration, in respect of the administrative bodies which are the powers of this Law (i) exercise, and in respect of the administrative bodies which are to be involved in the implementation.
1 The Articles 6 to 12b shall not apply to conduct, if they are subject to rules, which have been imposed on or under the provisions of Wet protection products and biocidal products , the Nuclear energy law and the Nature protection law 1998 .
2 The Articles 6 to 12b shall not apply to mining works referred to in Article 1 of the Mining Act . In the case of, or under a general rule of administration, as referred to in Article 49 of the Mining Act provision may be made that Articles 6 to 12b and the provisions based thereon apply, in whole or in part, to such works.
3 The Articles 27 to 51 and 53 shall not apply in respect of measures for unusual occurrences or remediation of the soil, provided that such measures may be provided for under the conditions laid down in Annex I to this Directive. Articles 39 and 44 of the Nuclear Energy Act .
4 This Act does not apply to the soil and banks of a surface water body as intended. Article 1.1 of the Water Act and, as far as the surface water body belongs to the sea, referred to in that Article, the subsoil of the seabed.
1 The grant of a budget or subsidy under this Act may be revoked or amended for the purpose of combating the obligation arising out of a Treaty for the State. The withdrawal or amendment may provide for an interest rate payable in respect of unchargeable amounts paid.
2 The revocation or amendment shall be returned to and including the time at which the grant was granted, unless otherwise provided for in the revocation or amendment.
This law can be cited as: Law soil protection.
This law will enter into force on a date to be determined by us, which can be made different for the various articles or parts of it.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 3 July 1986
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
P. Winsemius
The Minister for Agriculture and Fisheries,
G. J. M. Braks
Published on 22 July 1986The Minister of Justice,
F. Korthals Altes
