Chapter 16
in forceProcedures
Section 16.1
Elektronisch verkeer en gebruik van gegevens en methoden
An electronic application for a decision or a notification pursuant to this Act shall, in cases designated by Order in Council, be submitted or made…
In implementation of Article 19 of the Publication Act (Bekendmakingswet), an administrative body that amends an environmental plan by applying…
When taking a decision pursuant to this Act, use may in any event be made of reports containing data, investigations, or inventories that were used…
Ministerial regulations may establish rules regarding the measurement and calculation methods and the principles on the basis of which the…
Section 16.2
Coördinatie en betrokkenheid andere bestuursorganen
Division 3.5 of the General Administrative Law Act applies to the preparation of:
Without prejudice to Article 16.7, the competent authority shall, where possible, promote the application of Division 3.5 of the General…
In a coordination decision as referred to in Article 3:20, under (b), of the General Administrative Law Act, it may be determined, with a view to the…
This section is:
If only one of the applications for an environmental permit, as referred to in Article 16.7, paragraph 1, under b, has been submitted, the competent…
The administrative authorities that are the competent authority with regard to each of the applications referred to in Article 16.7, paragraph 1…
If a term of validity for the permit is set in the environmental permit for the water activity by application of Article 5.36, paragraph 1, an equal…
If the Provincial Executive or Our Minister concerned is the competent authority for the application for the environmental permit for the…
If the municipal executive (college van burgemeester en wethouders) is the competent authority for the application for the environmental permit for…
If Division 3.5 of the General Administrative Law Act (Algemene wet bestuursrecht) is applied to the preparation of an environmental plan and the…
Administrative bodies or other entities shall be designated by Order in Council which, in cases designated therein, shall be afforded the opportunity…
Pursuant to Article 16.15, paragraph 1, the following shall in any event be designated as advisor:
In a case as referred to in Article 16.15a, under (b), the rules laid down by or pursuant to this Act regarding the decision on the application for…
If an application for a decision pursuant to this Act relates to a case designated by Order in Council, the intended decision on the application…
Grounds for granting or withholding consent shall be designated by Order in Council.
The decision regarding consent as referred to in Article 16.16 shall be made known within four weeks after the submission of the petition for consent…
Articles 16.15 up to and including 16.18 and the rules established pursuant to Articles 16.15 up to and including 16.17 shall apply mutatis mutandis…
Articles 16.15 up to and including 16.19 and the rules established pursuant to Articles 16.15 up to and including 16.17 shall apply mutatis mutandis…
The Provincial Executive may decide that a part of a decision to establish or amend an environmental plan does not form part thereof if:
Section 16.3
Totstandkomingsprocedures
This section shall apply if it is provided by or pursuant to this Act that Division 3.4 of the General Administrative Law Act (Algemene wet…
Views may be submitted by any person.
Unless it concerns a case or decision designated by order in council, Sections 16.3.1a up to and including 16.3.9 and Articles 16.40, paragraph 1…
Division 3.4 of the General Administrative Law Act applies to the preparation of a decision to establish noise production ceilings as environmental…
Division 3.4 of the General Administrative Law Act applies to the preparation of the designation of swimming locations.
Division 3.4 of the General Administrative Law Act applies to the preparation of a designation of a Natura 2000 site or a special national nature…
Division 3.4 of the General Administrative Law Act applies to the preparation of an environmental vision.
Division 3.4 of the General Administrative Law Act applies to the preparation of a programme as referred to in Sections 3.2.2 up to and including…
Our Minister of Infrastructure and Water Management shall make available for public inspection:
Notice of the intention to adopt an environmental plan shall be given in the manner prescribed in Article 12 of the Publication Act…
Division 3.4 of the General Administrative Law Act applies to the preparation of an environmental plan.
Views cannot relate to the part of the draft environmental plan that is based on an environmental permit for an environmental plan activity outside…
Division 3.4 of the General Administrative Law Act applies to the preparation of a water board ordinance and an environmental ordinance.
Division 3.4 of the General Administrative Law Act applies to the preparation of a water level decision (peilbesluit).
The administrative authority shall give notice of the public inspection of the pre-emption right decision and the documents relating to the decision…
If an objection is pending against a pre-emption right decision of the municipal executive (college van burgemeester en wethouders) and that decision…
Division 3.4 of the General Administrative Law Act applies to the preparation of an administrative order imposing a duty to tolerate…
Article 3:20, opening words and under (b), of the General Administrative Law Act and Article 16.87 do not apply to an administrative order imposing a…
Division 3.4 of the General Administrative Law Act applies to the preparation of an expropriation order.
If an interested party has died, resides outside the Kingdom, or has no known place of residence, the draft expropriation order shall also be sent to…
The public inspection of the draft expropriation order shall take place within the municipality or municipalities in which the immovable property is…
An expropriation order shall take effect as of the day following the day on which the judgment by which it has been confirmed has been made available…
Division 3.4 of the General Administrative Law Act applies to the preparation of a development decision.
Section 3.4 of the General Administrative Law Act (Algemene wet bestuursrecht) applies to the preparation of a decision to temporarily grant the use…
Division 3.4 of the General Administrative Law Act applies to the preparation of a land consolidation decision.
Division 3.4 of the General Administrative Law Act applies to the preparation of a decision regarding financial arrangements.
If, upon the simultaneous public inspection of the draft land consolidation decision and the draft decision on financial arrangements pursuant to…
If, after the application of Article 16.33j, the irrevocable land consolidation decision differs from the draft made available for public inspection…
Insofar as the appeal against the implementation decision related to the allocation of ownership as referred to in Article 12.8, paragraph 1, under…
Section 16.4
Milieueffectrapportage
This paragraph concerns the environmental impact assessment for plans and programmes as referred to in Article 2, point (a), of the SEA Directive…
This paragraph does not apply to plans or programmes that:
The competent authority for a plan or programme shall, during the preparation thereof, draw up an environmental impact report if that plan or…
To prevent the overlapping of environmental impact reports:
With regard to the scope and the level of detail of the information in the environmental impact report, the competent authority shall consult the…
The competent authority shall provide the Commission for Environmental Impact Assessment with the opportunity to advise on the environmental impact…
Division 3.4 of the General Administrative Law Act applies to the preparation of a plan or programme as referred to in Article 16.36 for which an…
The competent authority shall not adopt a plan or programme if the environmental impact report cannot reasonably be used as a basis for the plan or…
Rules regarding the content of the environmental impact report shall be laid down by Order in Council.
Rules shall be laid down by Order in Council regarding:
Rules shall be laid down by Order in Council regarding a plan or programme for which an environmental impact report must be prepared and which may…
Projects and the decisions required for them shall be designated by Order in Council:
The competent authority may, upon request or of its own motion, grant an exemption from the obligations pursuant to this section for a project or…
Any person who intends to carry out a project as referred to in Article 16.43, paragraph 1, preamble and under b, shall notify the competent…
At the request of the person who intends to carry out the project, the competent authority shall issue an opinion on the scope and level of detail of…
The competent authority may provide the Commission for Environmental Impact Assessment with the opportunity to issue an advisory opinion on the…
The person who is required to prepare the environmental impact report may make use of another environmental impact report if it satisfies the…
A environmental impact report shall be attached to the application for a decision as referred to in Article 16.43, paragraph 1, for which an…
Division 3.4 of the General Administrative Law Act applies to the preparation of a decision as referred to in Article 16.43, paragraph 1, for which…
The competent authority shall not adopt a decision if the environmental impact report cannot reasonably be used as a basis for the project.
Rules regarding the content of the environmental impact report shall be laid down by order in council.
When taking a decision as referred to in Article 16.43, paragraph 1, the competent authority shall take into account all consequences that the…
Rules shall be laid down by Order in Council regarding:
Rules shall be laid down by Order in Council regarding a project for which an environmental impact report must be prepared and which may have…
Section 16.4a
Passende beoordeling Natura 2000
For a plan or a project as referred to in Article 6, paragraph 3, of the Habitats Directive, the administrative body adopting the plan, the applicant…
Section 16.5
De omgevingsvergunning
The application for an environmental permit shall be submitted to the municipal executive (college van burgemeester en wethouders) of the…
If use is made of the possibility, referred to in Article 16.54, paragraph 1, to submit the application to the municipal executive (college van…
Further rules may be laid down by Order in Council regarding the manner of submitting an application for an environmental permit.
The permit holder shall, at the request of the competent authority, provide that competent authority with data and documents necessary for:
When applying Title 4.1 or Section 3.4 of the General Administrative Law Act (Algemene wet bestuursrecht), the competent authority shall also…
Insofar as the application for an environmental permit relates to an activity involving a listed building (rijksmonumentenactiviteit) and the listed…
If a decision on an application for an environmental permit is stayed, then for the application of Article 16.64, paragraph 1, of this Act or Article…
This paragraph applies to the preparation of the decision on an application for an environmental permit, unless Section 16.5.3 applies thereto.
The competent authority shall decide on the application for an environmental permit within eight weeks or, if the intended decision on the…
If the competent authority, following an application for an environmental permit, is of the opinion that no environmental permit is required, this…
Division 3.4 of the General Administrative Law Act applies to the preparation of the decision on the application for an environmental permit.
In the application of Division 3.4 of the General Administrative Law Act to the preparation of the decision on the application for an environmental…
The competent authority shall, at the request of the applicant, before making documents available for inspection that have not been submitted by the…
The competent authority may, in respect of an application for an environmental permit for an activity designated pursuant to Article 16.65, refrain…
Section 16.6
Projectprocedure
Section 3.4 of the General Administrative Law Act applies to the preparation of a preference decision for:
Division 3.4 of the General Administrative Law Act applies to the preparation of:
A project decision taken by the executive board of the water board requires the approval of the provincial executive of the province where that…
Article 16.71 does not apply to the rejection of an application to adopt a project decision.
Section 16.6a
Kostenverhaalsbeschikking
The decision on an application for an order as referred to in Article 13.18, paragraph 1, shall be stayed if, for the activity to be performed as…
Before the administrative authority issues a decision as referred to in Article 13.18, paragraph 1, it shall provide the applicant with the…
Section 16.7
Beslistermijn, bekendmaking, inwerkingtreding en beroep
If a decision on an application for a decision pursuant to this Act or a decision to amend such a decision cannot be taken until an obligation under…
If a decision on an application for an environmental permit for a Natura 2000 activity cannot be taken until the applicant has supplemented the…
If application is given to Article 13.20, paragraph 5, a petition for a final settlement shall be decided upon no later than the time determined in…
An environmental plan shall not be published until two weeks have elapsed since the day on which the environmental plan was adopted, unless:
An environmental plan shall enter into force with effect from the day on which four weeks have elapsed since the day on which the decision was…
By way of derogation from Article 3:41, paragraph 1, of the General Administrative Law Act, an environmental permit for a hunting rifle activity…
An environmental permit shall take effect on the day following the day on which:
Without prejudice to Article 16.79, an environmental permit for a construction activity or an environmental plan activity consisting of a…
By Order in Council, if necessary in the interest of efficient implementation and enforcement, cases may be designated in which an environmental…
After a pre-emption right order has been made public, the order may be registered in the public registers within four days.
The publication of an establishment decision shall take place in accordance with Article 3:42, paragraph 2, of the General Administrative Law Act.
A decision to grant temporary use as referred to in Article 12.21, paragraph 1, and a land consolidation decision shall enter into force on the day…
If an appeal is pending against a decision that has been prepared by applying Division 3.4 of the General Administrative Law Act, that Division may…
In cases where Article 7:1 of the General Administrative Law Act (Algemene wet bestuursrecht) applies, notwithstanding Article 7:1a, first paragraph…
If, after application has been given to Article 16.7, paragraph 1, opening words and under (b), an appeal has been lodged solely against the decision…
For the purpose of the possibility of appeal, a decision to grant an exemption pursuant to Article 2.32 shall be deemed to form part of the decision…
In an appeal against a project decision and against decisions for the implementation of a project decision, no grounds may be submitted after the…
Without prejudice to Article 8:57 of the General Administrative Law Act, the Administrative Jurisdiction Division of the Council of State may, in…
The Administrative Jurisdiction Division of the Council of State shall hear appeals against a project decision, against a decision regarding approval…
Upon the recommendation of Our Minister concerned, also on behalf of Our Minister of Housing and Spatial Planning, in accordance with Our Minister of…
In appeals against a decision on an application for an environmental permit for a construction activity or an environmental plan activity consisting…
An administrative appeal to Our Minister of Justice and Security is available against a decision that solely concerns the refusal of an environmental…
Interested parties may lodge an appeal against a decision to grant temporary use as referred to in Article 12.21, paragraph 1, a land consolidation…
The court shall decide on the manner in which the land consolidation decision or the decision on financial arrangements is amended, after summoning…
No appeal or appeal in cassation may be lodged against an order of the court concerning a decision on the temporary granting of use as referred to in…
Section 16.8
Beroep voorkeursrecht
If an appeal is pending against a preferential right decision of the municipal executive (college van burgemeester en wethouders) and that decision…
Section 16.9
Bekrachtigingsprocedure onteigeningsbeschikking
The administrative authority that has issued an expropriation order shall petition the administrative court to confirm it.
The petition shall be submitted to the court within whose jurisdiction the immovable property designated for expropriation is situated. If the…
The petition may be declared inadmissible if the requirements of Article 16:93, paragraphs two and three, have not been met, provided that the…
The time limit for filing a petition (application) is six weeks.
Interested parties may submit written objections to the court against the expropriation order. Interested parties shall in any event be deemed to…
The period for submitting objections is six weeks.
Within four weeks after the court has sent the objections to the administrative body, the latter shall submit a response thereto to the court.
The court may grant interested parties who have raised objections against the expropriation order the opportunity to submit a written reply. In that…
The court may, if the matter is urgent, determine that it shall be dealt with on an expedited basis.
If it appears to the court during the proceedings that the matter is not sufficiently urgent to justify an expedited procedure or that the matter…
Until the parties have been invited to appear at a hearing of the court, the court may close the investigation if continuation of the investigation…
The administrative body may lodge an objection against the ruling with the court.
If no objections to the expropriation order have been submitted, the court shall, within six months after the expiry of the period referred to in…
The court shall render its decision on the basis of the petition, the basic assessment referred to in Article 16.107, the objections raised against…
Regardless of whether objections have been lodged against the expropriation order, the court shall in any event dismiss the petition if:
The ruling shall provide for:
The written decision shall state:
The ruling also entails that a court fee shall be levied from the administrative authority.
The ruling also entails that the administrative authority is ordered to pay the costs which an interested party who has submitted an objection…
The ruling also entails that the administrative authority is ordered to pay the costs which the interested party who has submitted an objection…
Articles 6:9, 6:14, 6:17, 6:22, 8:10 up to and including 8:12, 8:15 up to and including 8:28, 8:29 up to and including 8:40a, 8:41a, 8:44 up to and…
The administrative body shall make the ruling of the court on a petition as referred to in Article 16.93 and the decision to which the ruling relates…
Prior to the public inspection, the administrative authority shall give notice of the decision by means of:
A court fee shall be levied from the petitioner of a request for a ruling on a petition to revise the confirmation of an expropriation order.
Section 16.10
Hoger beroep onteigeningsbeschikking
An interested party and the administrative authority may lodge an appeal against a decision of the court regarding a petition as referred to in…
No appeal may be lodged by an interested party to whom it can reasonably be imputed that they failed to submit objections against the expropriation…
By way of derogation from Article 8:114, paragraph 1, of the General Administrative Law Act, the judgment shall also provide that the administrative…
The ruling also entails that the administrative authority is ordered to pay the costs which an interested party has reasonably had to incur in…
The appellate court shall render its decision within six months after the expiration of the period within which parties other than the appellant…
Section 16.11
Gerechtelijke vaststelling van de prijs bij voorkeursrecht
The court shall appoint one or more experts who shall, as soon as possible, provide the court with an opinion regarding the price referred to in…
The court shall render a decision on the petition referred to in Article 9.16, paragraph 1, by way of an order within six months of receipt of the…
Section 16.12
Bijzondere procedures voor landinrichting
Insofar as the allocation of ownership in a reallocation decision (inrichtingsbesluit), as referred to in Article 12.8, paragraph 1, under (a), (c)…
The Provincial Executive shall determine the time limit by which existing lease agreements may be submitted to them for registration.
The counterparty may submit their objections to the registration of the lease agreement in writing to the provincial executive (gedeputeerde staten)…
If objections have been made known, the provincial executive (gedeputeerde staten) shall notify the parties thereof by registered letter.
If Article 16.127 has not been complied with, the existence of the lease agreement need not be taken into account in the land consolidation decision.
As soon as the land consolidation decision has become irrevocable, the Provincial Executive shall give notice thereof by sending the land…
As soon as possible after the land consolidation decision has become irrevocable, the Provincial Executive shall notify the Land Chamber which…
The Land Chamber (Grondkamer) shall draft the lease agreements resulting from the newly established leasehold relations and shall include therein the…
If the parties have not proceeded to submit the signed lease agreement to the land chamber (grondkamer) within the period stipulated in Article…
The drawing up and signing of the deed by the Land Chamber (grondkamer) constitutes a decision.
If an existing lease agreement in a maintained lease relationship must be amended or replaced as a result of the land consolidation, the land chamber…
Lease agreements concluded pursuant to this Section shall enter into force at the time at which the land consolidation deed referred to in Article…
As soon as the land consolidation decision has become irrevocable, a civil-law notary (notaris) to be designated by the provincial executive…
The deed of land consolidation shall be signed by the chair of the provincial executive and the secretary, as referred to in Article 97 of the…
Section 16.13
Kennisgeving overeenkomst kostenverhaal
The competent authority shall give notice of the filing for public inspection of an agreement as referred to in Article 13.13, paragraph 1, within…
Section 16.14
Algemene delegatiegrondslagen procedurele en vormvereisten
By Order in Council, insofar as not provided for in this Act, in the General Administrative Law Act, or by or pursuant to the Publication Act, rules…
Pursuant to Article 16.139, rules shall in any event be laid down for the implementation of: