Dutch Legislation

Chapter 2

in force

Taken en bevoegdheden van bestuursorganen

Environment and Planning Act (Omgevingswet) · Articles: 53

Section 2.1

Algemene bepalingen

2.1 Article 2.1

An administrative authority of a municipality, a province or the State or, with due observance of the Water Boards Act (Waterschapswet), of a water…

2.2 Article 2.2

In the performance of its duties and the exercise of its powers under this Act, an administrative authority shall take into account the duties and…

2.3 Article 2.3

The exercise of the tasks and powers pursuant to this Act shall be left to the administrative bodies of a municipality, unless other rules have been…

Section 2.2

Omgevingsplan, waterschapsverordening en omgevingsverordening

2.4 Article 2.4

The municipal council shall adopt one environmental plan (omgevingsplan) for the entire territory of the municipality, in which rules concerning the…

2.5 Article 2.5

The general board of the water board shall adopt one water board ordinance in which rules concerning the physical living environment are included.

2.6 Article 2.6

The Provincial Executive (Provinciale Staten) shall adopt one environmental ordinance in which rules regarding the physical living environment are…

2.7 Article 2.7

By Order in Council, cases may be designated in which rules concerning the physical living environment may only be included in the environmental…

2.8 Article 2.8

The municipal council, the general board of a water board, or the provincial council may delegate the authority to adopt parts of the environmental…

Section 2.3

Omgevingswaarden

2.9 Article 2.9

Pursuant to this Section, environmental values shall be established with a view to the objectives of the Act.

2.10 Article 2.10

When establishing an environmental value (omgevingswaarde), it shall be determined:

2.11 Article 2.11

Environmental values may be established by means of an environmental plan.

2.11a Article 2.11a

In the environmental plan, noise production ceilings shall in any event be established as environmental values around industrial estates where…

2.12 Article 2.12

Environmental values may be established by environmental ordinance, with due observance of the limits of Article 2.3, paragraph 2.

2.12a Article 2.12a

The environmental ordinance may, with due observance of the limits of Article 2.3, paragraph 2, designate industrial estates for which the provincial…

2.13 Article 2.13

The environmental ordinance shall, with a view to ensuring safety and preventing or limiting flooding, in any event establish environmental values…

2.13a Article 2.13a

The Provincial Executive shall, by decree, establish noise production ceilings as environmental values on either side of the following, as designated…

2.14 Article 2.14

Environmental values may be established by Order in Council, subject to the limits of Article 2.3, paragraph 3.

2.15 Article 2.15

By Order in Council, with a view to ensuring safety, protecting health, protecting the environment, and managing natural resources, environmental…

2.15a Article 2.15a

The percentage of the area of nitrogen-sensitive habitats in Natura 2000 sites where the nitrogen deposition does not exceed the amount in moles per…

Section 2.4

Toedeling van taken en aanwijzing van locaties

2.16 Article 2.16

In addition to the tasks regarding the physical living environment assigned to the municipal executive elsewhere in this Act and pursuant to other…

2.17 Article 2.17

In addition to the tasks assigned to the water board authority elsewhere in this Act and pursuant to other acts regarding the physical living…

2.18 Article 2.18

In addition to the tasks regarding the physical living environment assigned to that administrative body elsewhere in this Act and pursuant to other…

2.19 Article 2.19

In addition to the tasks assigned to the State elsewhere in this Act and on the basis of other acts regarding the physical living environment, the…

2.20 Article 2.20

By Order in Council, for the application of this Act, and with due observance of the limits of Article 2.3, paragraph 3, the flood defences and…

2.21 Article 2.21

By ministerial regulation, for the application of this Act, and with due observance of the limits of Article 2.3, paragraph 3, other locations than…

2.21a Article 2.21a

Pursuant to Article 2.21, paragraph 1, the restricted areas relating to the following shall in any event be designated and geometrically delimited:

Section 2.5

Instructieregels en instructies

2.22 Article 2.22

Rules may be established by environmental ordinance, with due observance of the limits of Article 2.3, paragraph 2, regarding the exercise of tasks…

2.23 Article 2.23

Rules pursuant to Article 2.22 may only be established regarding:

2.24 Article 2.24

By Order in Council, and with due observance of the limits of Article 2.3, paragraph 3, rules may be laid down regarding the exercise of tasks or…

2.25 Article 2.25

Rules pursuant to Article 2:24 may only be established regarding:

2.26 Article 2.26

Rules pursuant to Article 2.24 shall, with a view to ensuring safety, protecting health, protecting the environment, nature conservation, and the…

2.27 Article 2.27

Rules pursuant to Article 2.24 shall in any event be established regarding environmental ordinances with a view to:

2.28 Article 2.28

Rules pursuant to Article 2.24 shall in any event be established regarding environmental plans and project decisions with a view to:

2.29 Article 2.29

Rules pursuant to Article 2.24 shall in any event be established regarding environmental plans and project decisions with a view to ensuring safety…

2.29a Article 2.29a

Rules pursuant to Article 2.24 shall in any event be laid down regarding decisions to establish noise production ceilings as environmental values…

2.30 Article 2.30

Rules pursuant to Article 2.24 shall, with a view to ensuring safety and protecting health, in any event be established regarding:

2.31 Article 2.31

Rules pursuant to Article 2.24 shall, with a view to protecting health and the management of water systems, in any event be established regarding the…

2.31a Article 2.31a

Rules pursuant to Article 2.24 shall, with a view to the protection, restoration and development of nature and landscape, in any event be established…

2.32 Article 2.32

Pursuant to a rule based on Article 2.22, it may be provided that the provincial executive (gedeputeerde staten), upon the petition of an…

2.33 Article 2.33

The Provincial Executive may, with due observance of the limits of Article 2.3, paragraph 2, issue an instruction to the municipal council or the…

2.34 Article 2.34

Our Minister concerned, in agreement with Our Minister of Housing and Spatial Planning, may, with due observance of the limits of Article 2.3…

2.35 Article 2.35

An instruction cannot be given if it is intended for repeated execution by different administrative bodies.

2.36 Article 2.36

The Provincial Executive may, on behalf of the water board and at the expense of the water board, provide for the requested measure if the water…

2.37 Article 2.37

A decision or a non-written decision aimed at any legal consequence by the water board authority may be annulled by Royal Decree if the decision or…

Section 2.6

Bijzondere taken en bevoegdheden

2.38 Article 2.38

The Provincial Executive (Gedeputeerde staten) is authorised to issue a negative swimming advisory or to impose a swimming ban for surface water…

2.39 Article 2.39

The manager of water management works shall establish a register (legger), in which it is described to what requirements those water management works…

2.40 Article 2.40

Our Minister of Infrastructure and Water Management may restrict or prohibit access to a water management work or a road under the management of the…

2.41 Article 2.41

The water board or the competent administrative body of another public entity that manages water systems pursuant to Article 2.18, paragraph 2, shall…

2.42 Article 2.42

The order of priority of social and ecological needs, which shall be decisive for the distribution of available surface water in the event of water…

2.43 Article 2.43

The municipal executive, the executive board of the water board, the provincial executive, and Our Minister of Infrastructure and Water Management…

2.44 Article 2.44

Our Minister of Agriculture, Fisheries, Food Security and Nature shall designate Natura 2000 sites for the implementation of the Birds Directive or…

2.45 Article 2.45

The Provincial Executive may restrict or prohibit access to a Natura 2000 site, either in whole or in part.

2.46 Article 2.46

Our Minister of Agriculture, Fisheries, Food Security and Nature, or an administrative body designated by him, may register nitrogen deposition…