Key Benefits:
Law of 15 December 2005 amending the Soil Protection Act and some other laws relating to changes in land remediation policies
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that it is desirable to Soil Protection Act to amend the changes in land remediation policies, in particular the adjustments to the remediation objective and the remediation procedure, the introduction of a reorganisation obligation for owners or heredors of the Member States; business areas and the financial aspects of soil remediation;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 On reorganisation plans submitted before the date of entry into force of Article I, Part H , of this law remains Article 39, first paragraph, of the Soil Protection Act applicable as of this time.
2 On a clean-up or a phase of remediation as referred to in Article 38, third paragraph, of the Soil Protection Act which has been implemented before the date of entry into force of Article I, Section I , of this law, are the Articles 39c , 39d and 39th of the Land Protection Act Not applicable. In these cases, the rules of application set out for that date by the provincial governments shall continue to apply in respect of the subjects covered by the said Articles.
3 Decisions issued under Article 29 in conjunction with 37 of the Land Protection Act , as they were in force before the date of entry into force of the Article I, Section F , of this law, remain in force. These decisions shall apply to the application of the Soil Protection Act The following shall be deemed to be a Article 37, first paragraph, of the Soil Protection Act except that the finding that there is an urgency to clean up the case in question shall be treated in the same way as the need for emergency rehabilitation. If a given decision has been taken in a given decision relating to the commencement of the remediation process which is at least four years after the date of entry into force of the Regulation, Article I, Section F , the person concerned by that act may be the administrative organ which is responsible for the provision of a decision Article 37 of the Soil Protection Act Requests for amendment of the decision in respect of the reorganisation obligation referred to therein. The request shall be made at least one year before the expiry of the said time. The competent administrative body shall decide upon the application within the time limit set out in the Article 29, second paragraph, of the Soil Protection Act , subject to or under consideration of the provisions of Article 37 of the Soil Protection Act .
4 To the extent necessary in the preparation or implementation of a programme as referred to in Article 76c, 1st paragraph, of the Soil Protection Act Before the entry into force of that Article, commitments have been entered into with regard to cases for which the Articles 79 and 81 of the Land Protection Act , a contribution from the municipality or province could be requested, remain for those cases Articles 79 and 81 of the Land Protection Act , as they were before the entry into force of Article I, Section II , of this law, of application.
1 The Articles 75b to 76d , 76hh , 76j , 76m up to and including 76o , 86b , 87a and 87b, of the Law Soil Protection work back to and including 1 January 2005.
2 Decisions adopted on or after 1 January 2005 but before the Article VII the date of entry into force of the articles referred to in paragraph 1 and taken for the execution of the provisions of those articles shall be considered to be acts adopted pursuant to those articles.
The obligation to remediate, intended to Article 55b, first paragraph, of the Soil Protection Act does not apply to owners or leaseholders of industrial sites to whom the competent authority, before 1 January 2002, has confirmed in writing that the competent authority is intended to be Article 48 of the Soil Protection Act -to clean up.
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
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, 15 December 2005
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment,
P. L. B. A. van Geel
The Secretary of State for Transport and Water,
M. H. Schultz van Haegen-Maas Geesteranus
Issued the 22nd of December 2005The Minister of Justice,
J. P. H. Donner
