Key Benefits:
Law of 5 October 2006 laying down rules on odour nuisance due to animal holdings belonging to livestock farms (Wet odornuisance and animal husbandry)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to lay down rules on decisions relating to licences under the conditions laid down in Article 2 of the Treaty. Environmental Environment Act in the case of livestock farms, in so far as they are odourless nuisance due to animal holdings belonging to such livestock holdings;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
concentration area : region of the East region of the region of the East region as indicated in the Annex I to the Fertilisers Law , or a territory designated as such by municipal regulation,
Animal residence : indoor space, whether or not covered, within which animals are kept;
Emission factor : a ministerial arrangement established by an animal per animal belonging to a designated animal category and housing system;
odourless object : building, intended for and as is apparent from the nature, classification and establishment suitable for human living or human residence and which is used permanently or by a similar means of use, under ' building, for human or human residence ' means building intended for use under the zoning plan, intended for human or human use Article 3.1 of the Spatial Planning Act , an entry plan as referred to in Article 3.26 or 3.28 of that Act including, including, the management regulation, Article 3.38 of that Act , or, if with application of Article 2.12, first paragraph, of the General Provisions Act from the destination plan or management regulation, the environment permit, intended Article 1.1, first paragraph, of the latter law may be used for human living or human residence;
odour discomfort : effects on the environment through the emission of odour;
housing system: part of an animal residence, in which animals of one animal category are kept in the same way;
Environment permit: environment permit for an activity as referred to in Article 2.1, first paragraph, point (e) of the General Provisions Act ;
livestock : Establishment up to an under Article 1.1, third paragraph, of the General Provisions Act appropriate category and is intended for the breeding, fattening, holding, marketing, loading or weighing of animals.
1 In a decision on the environment authorization for the establishment or change of livestock production, the competent authority shall include the odour nuisance caused by the odour tax due to animal husbandry only in the manner provided for: specified at or under the Articles 3 to 9 .
2 The first paragraph shall not apply to the refusal of the environment authorisation on the ground which, by granting it, does not comply with the requirements of the Article 2.14, first paragraph, point (c) (1) of the General Provisions Act -may be met and rules applicable under the provisions of the Article 2.22, third paragraph, of that Act or Article 1.3c or 8.40 of the Environmental Protection Act shall be established in order to ensure that at least the best available techniques available for stock-rearing are applied in the livestock sector.
3 By way of derogation from the first paragraph Article 1.1a of the General Provisions Act applicable, mutatis mutandis, to the adoption of a decision as referred to in that paragraph. The first sentence does not apply to cases referred to in the Article 3, second paragraph , in so far as it concerns an odour-sensitive object which, on or after 19 March 2000, ceased to be part of another animal husbandry, and Article 14, second paragraph .
1 An animal husbandry environment permit shall be refused if the odour load of that animal husbandry on a fragrant-sensitive object is to be:
a. within a concentration area, within the builtup area more than 3,0 odour units per cubic metre of air;
b. within a concentration area, outside the builtup bowl more than 14,0 odour units per cubic metre of air;
c. outside a concentration area, within the builtup area more than 2,0 odour units per cubic metre of air;
d. outside a concentration area, outside the builtup area more than 8,0 odour units per cubic metre of air.
2 By way of derogation from paragraph 1, the distance between an animal husbandry and an odoursensitive object which is part of another animal husbandry, or which ceased to be part of another animal husbandry on or after 19 March 2000, shall be:
a. 100 metres at least if the odourless-sensitive object is located within the builtup; and
b. At least 50 metres if the odoursensitive object is located outside the builtup area.
3 If the odour load referred to in paragraph 1 is greater than indicated in that member or the distance referred to in paragraph 2 is less than indicated in that paragraph, an environment permit, by derogation from the first and second paragraphs, shall not be permitted. refused if the odour tax does not increase, and the number of animals of one or more animal categories does not increase.
4 If the odour tax referred to in paragraph 1 is greater than indicated in that paragraph, the number of animals of one or more animal categories increases, and an odour-tax reducing measure will be applied, then an environment permit to the extent that the increase in the odour load resulting from that change does not exceed half the amount of odour of the odour that would result from the application of the procedure, in so far as it concerns the change in the number of animals, Oddling tax-reducing measure at the previously authorised livestock stock.
1 The distance between an animal husbandry where animals are kept from an animal category which has not been established by ministerial control and which is an odoursensitive object:
a. 100 metres at least if the odourless-sensitive object is located within the builtup; and
b. At least 50 metres if the odoursensitive object is located outside the builtup area.
2 By way of derogation from the first paragraph, the distance or the ratio of the pelleting agent shall be determined by ministerial arrangement.
3 If the distance referred to in the first or second member is less than indicated in that paragraph, an environment permit, by way of derogation from those members, shall not be refused if the distance between the animal husbandry and the odour sensitive object within the the first or second paragraph is situated, does not decrease, and the number of animals of one or more animal categories for which no emission factor has been established does not increase.
1 Without prejudice to: Articles 3 and 4 the distance from the external side of an animal-stay to the outside of an odourless sensitive object is:
a. 50 metres at least if the odourless-sensitive object is located within the builtup; and
b. At least 25 metres if the odourless-sensitive object is located outside the builtup.
2 If the distance referred to in paragraph 1 is less than indicated in that paragraph, an environment permit, by way of derogation from the first paragraph, shall not be refused if the distance referred to in paragraph 1 does not decrease and:
a. The odour load on the odourless-sensitive object situated within the distance mentioned in the first paragraph and the number of animals of one or more animal categories does not increase; or
b. the in Article 4 The distance between the animal husbandry and the odour sensitive object situated within the distance mentioned in paragraph 1 shall not be reduced and the number of animals of one or more animal categories for which no emission factor has been established shall not increase.
1 By municipal ordination, it may be determined that within a part of the territory of the municipality, a value other than that of the value in question, mentioned in Article 3, first paragraph , on the understanding that this other value:
a. within a concentration area, within the built-up bowl not less than 0,1 odour unit per cubic metre of air and not more than 14,0 odour units per cubic metre of air;
b. within a concentration area, outside the builtup bowl no less than 3,0 odour units per cubic metre of air and not more than 35,0 odour units per cubic metre of air;
c. outside a concentration area, within the built-up bowl not less than 0,1 odour unit per cubic metre of air and not more than 8,0 odour units per cubic metre of air;
d. outside a concentration area, outside the builtup area no less than 2,0 odour units per cubic metre of air and no more than 20,0 odour units per cubic metre of air.
2 By municipal ordination, provision may be made for a different value or distance to be determined by that Regulation as referred to in Article 3 or 4 is applicable to odourless-sensitive objects which have been part of an animal husbandry.
3 By municipal ordination, it may be determined that within a part of the territory of the municipality, a distance other than the distance, mentioned in Article 4, first paragraph , it being understood that:
a. shall be at least 50 metres if the odourless-sensitive object is located within the built-up bowl; and
b. shall be at least 25 metres if the odoursensitive object is located outside the builtup area.
(4) In the case of a municipal regulation, it may be determined that, within a part of the territory of the municipality, another distance applies to fur animals except that it is at least half of the distance covered by the regulation. Article 4, second paragraph .
1 In order to prevent an area from becoming less suitable for achieving the Regulation referred to in Article 4 (1), Article 6 The municipal council may decide that, pending the adoption of that Regulation, a decision on an application for the establishment or change of livestock farming is to be adopted.
2 The detention order shall determine the area for which it is to be applied and from which day it shall enter into force.
3 An arrest warrant shall expire at the time of the entry into force of the regulation on which the decision was taken. An arrest warrant shall also expire if, within one year of the date of its entry into force, the draft Regulation has been brought before the Council or not within two years from the date of entry into force of that Regulation. has entered into force.
4 An arrest warrant shall be published by the publication of this Decision. Article 3:42 of the General Law on administrative law shall apply. The arrest warrant shall also be communicated by electronic means.
5 The competent authority shall, by way of derogation from Article 3:18 of the General Administrative Law , the decision on, if for the area where the livestock sector will be established or changed before the date of receipt of the application, an arrest warrant has entered into force. The detention shall take place until the arrest warrant has expired in accordance with the third paragraph.
1 In determining the other value or distance specified in: Article 6 , in any event, the City Council shall:
a. the current and foreseeable odour situation due to the livestock holdings in the area;
b. the importance of an integrated approach to pollution; and
c. the need for an equally high level of protection of the environment.
2 In determining the other value or distance, the City Council shall also:
a. the desired spatial design of the area; or
b. The deviant relationship between odour load and odour nuisance.
When for an area referred to in Article 6 any other value or distance other than that specified in the Articles 3 or 4 the City Council may proceed to the territory of a neighbouring municipality only after consultation with that neighbouring municipality, and the effect of fixing that other value or other distance shall be carried out through the territory of a neighbouring municipality.
Our Minister for Housing, Spatial Planning and the Environment, in accordance with our Minister of Agriculture, Nature and Food Quality, rules on how:
a. The odour load, specified in Article 3 , shall be determined;
b. the distance specified in the Articles 3 and 4, first paragraph , is measured.
The Wet-emission of livestock farms in agricultural development and interweaving areas shall be withdrawn.
1 If an application for authorisation has been submitted before the date of entry into force of this Act in respect of such an application, it shall remain applicable for that time in respect of such an application until such time as the date of application is on which the decision on the application became irrevocable.
2 For the application of the Articles 3 , 4 and 6 the distance between an animal husbandry and a dwelling built on or after 19 March 2000 is as follows:
a. on an offering which was in use as an animal husbandry at that time,
(b) in connection with all or part of the husbandry of the livestock sector; and
(c) in conjunction with the demolition of the farm buildings which have been part of the livestock sector;
at least 100 metres if the dwelling is located within the built-up bowl and at least 50 metres if the dwelling is located outside the builtup area.
3 The second paragraph shall apply mutatis mutandis to a frail-sensitive object present on the offering referred to in that paragraph.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Odor Nuisance and Livestock Act.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 5 October 2006
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment
,P. L. B. A. van Geel
Published on the seventh of November 2006The Minister of Justice
E. M. H. Hirsch Ballin
