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Decision of 14 December 1994 laying down a Decision on the reorganisation of industrial measures in the industrial areas of 1994
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Regional Planning and the Environment of 7 July 1994, No MJZ07794033, Central Executive Board of Legal Affairs, Law Division;
Having regard to the Articles 68 , third member, 71 , fourth paragraph, and 174 of the Noise Nuisance Act ;
The Council of State heard (opinion delivered on 23 September 1994, No W08.94.0437);
Having regard to the detailed report by Our Minister for Housing, Spatial Planning and the Environment of 8 December 1994, MJZ 08d94037, Central Executive Board of Legal Affairs, Law Department;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Noise-noise law ;
b. acoustical research: research as referred to in Article 62 of the Act ;
c. remediation programme: programme of measures as referred to in Article 62, second paragraph, of the Act .
1 A reorganisation programme may contain only one or more measures which cover:
(a) reduction of sound output from the sound sources present on the industrial estate;
b. Reduction of sound transmission from the sound sources present on the industrial estate to the dwellings in question;
c. application of noise-proofing devices to the dwellings in question;
d. displacement of one or more of the sound sources present on the industrial site to another industrial site, or
e. to the destination of one or more of the dwellings in question.
2 Measures referred to in the first paragraph, B and C , shall be eligible only for inclusion in the remediation programme, in so far as the application of measures referred to in paragraph 1, A , not sufficiently effective will be met with objections of a financial nature.
3 Measures referred to in the first paragraph, Ed and P. , shall be eligible only for inclusion in the remediation programme, in so far as the application of measures referred to in paragraph 1, A , B , or C , not sufficiently effective will have been met with objections from urban planning, transport, landscape or financial.
Member States may, in the course of drawing up a reorganisation programme, assume a sound tax because of the industrial estate, which is the result of foreseeable developments, if a measure is intended to be taken into account in the Article 2 (d) (d) It is taken in the context of a restructuring of an industrial site.
1 Measures referred to in Article 2, first paragraph , may be included in a reorganisation programme only to the extent that the reasonable expectation is that they have been implemented by the calendar year 2002 at the latest.
2 If Article 2a is applicable, may, by way of derogation from the first paragraph, be referred to as: Article 2, first paragraph , to be included in a reorganisation programme in so far as it is reasonable to ensure that they have been implemented by the year 2009 at the latest.
3 Our Minister may, on a reasoned request from Member States, authorise the implementation of the measures provided for in a reorganisation programme beyond 31 December 2002.
1 To prepare for the remediation programme to be drawn up by the Member States Section 3.4 of the General Administrative Law applicable.
2 In the event that our Minister draws up a reorganisation programme in accordance with Article 170 (3) of the Law, the first paragraph shall apply mutatis mutandis.
1 The reorganisation programme shall contain at least:
a. a description of the manner in which the noise pollution rules, which are attached to the permit, are fulfilled in respect of the industrial site:
1 °. establishments designated under the conditions of Article 41 of the Act , and
2 °. establishments other than those of 1 ° for which, by virtue of Article 2.1, first paragraph, introductory wording and point (e) of the General Provisions Act or the Nuclear energy law a licence has been granted;
b. a list of dwellings which, at the time of the determination of the zone, experienced a higher noise level than 55 dB (A);
c. a description of the measures to be taken as intended to be taken in Article 2 (a), (b), (d) and (e) , indicating their effect on the noise tax, by reason of the industrial site, of the phasing out of these measures, of the estimated costs associated with these measures, and of the estimated costs of the measures to be taken into account. noise load which the dwellings referred to in (b) continue to have because of the industrial estate if these measures have been implemented;
(d) the choice made from the measures referred to in point (c), giving a corresponding indication of the information referred to in point (c);
e. an underpinning of the noise load resulting from foreseeable developments in the case of measures as referred to in Article 3 (1) of the Treaty; Article 2a ;
f. a statement that measures as referred to in Article 111b, first paragraph, of the Act , if the sound load within the dwelling on closed windows is more than 40 dB (A), will be affected.
2 A reorganisation programme shall also contain one or more maps, together with an accompanying declaration, indicating, in any event, the boundaries of the industrial estate and the area defined around that area with a clear line on the maps.
This card or maps shall be arranged in accordance with the following requirements:
a. The cards are drawn on a clear surface;
b. The delimitation of the area covered by the plan shall be indicated by a clear line on the cards;
c. The maps are manufactured on a scale of at least 1 to 10 000, unless the size of the area or the nature of the plan makes a different scale necessary;
(d) the maps must show the connection of the area in the plan to the area surrounding it;
e. if there is a multi-card zoning plan, a map must indicate the connection of the cards, and the connection to the area surrounding it;
f. on the maps are shown the scale and the north arrow;
g. on the maps, the existing buildings and the names of the main roads, streets and waterways are signposted.
3 In the case of ministerial arrangements, detailed requirements shall be laid down as regards the design and establishment of the reorganisation programme and the information required to accompany the reorganisation programme.
This Decision is cited as: Decision remediation measures industrial estates 1994 .
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 14 December 1994
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
Margaretha de Boer
Published twenty-ninth December 1994The Minister of Justice,
W. Sorgdrager
