Chapter 5
in forceThe environmental permit and the project decision
Section 5.1
De omgevingsvergunning
It is prohibited to carry out the following activities without an environmental permit:
In the designation of cases pursuant to Article 5.1, the limits of Article 2.3, paragraph 3, shall be observed. In doing so, for:
It is prohibited to perform an activity without an environmental permit when this is determined in the water board ordinance.
It is prohibited to carry out an activity without an environmental permit when this is determined in the environmental ordinance.
It is prohibited to act in contravention of a provision of an environmental permit for:
It is prohibited to maintain a structure or any part thereof that has been constructed without the required environmental permit for a construction…
An application for an environmental permit may, at the option of the applicant, relate to one or more activities.
The municipal executive (college van burgemeester en wethouders) shall decide on an application for an environmental permit that relates to a single…
By Order in Council, with a view to efficient water management for water activities, cases shall be designated in which the executive board of the…
The chief of police decides on the application for an environmental permit for a hunting weapon activity.
By Order in Council, cases shall be designated for the following activities in which the Provincial Executive decides on the application:
By Order in Council, cases shall be designated for the following activities in which one of Our Ministers designated therein shall decide on the…
The application for an environmental permit that relates to more than one activity shall be decided upon by an administrative authority that…
By Order in Council, cases may be designated in which the provincial executive (gedeputeerde staten) or Our Minister concerned shall decide on any…
If an application for an environmental permit relates to an activity that takes place within the territory of more than one municipality, water…
The administrative authority that is competent to decide on an application for an environmental permit is also competent to apply Section 5.1.5.
An administrative authority that is competent to decide on an application for an environmental permit or is competent to apply Section 5.1.5 may…
Rules regarding the granting or refusal of an environmental permit for an activity as referred to in Article 5.1 shall be laid down by Order in…
Rules may be established by environmental ordinance regarding the granting or refusal of an environmental permit for an environmentally harmful…
For a construction activity, the rules referred to in Article 5.18 shall be established with a view to:
For an environment and planning activity, the rules referred to in Article 5.18 shall be established with a view to the objectives of the Act.
For a listed monument activity, the rules referred to in Article 5.18 shall be established with a view to the preservation of cultural heritage and…
For an excavation activity, the rules referred to in Article 5.18 shall be established with a view to the objectives of the Act.
For a water activity, the rules referred to in Article 5.18 shall be established with a view to:
For an environmentally harmful activity, the rules referred to in Article 5.18 shall be established with a view to ensuring safety, protecting…
For a mining location activity, the rules referred to in Article 5.18 shall be established with a view to:
For a restricted area activity (beperkingengebiedactiviteit) regarding:
For a Natura 2000 activity and a flora and fauna activity, the rules referred to in Article 5.18 shall be established with a view to nature…
For a hunting activity or a falconry activity, the rules referred to in Article 5.18 shall be established with a view to nature conservation or…
Insofar as the application relates to an activity as referred to in Article 5.3 or 5.4, the environmental permit may only be granted or refused on…
The competent authority may refuse the environmental permit in the cases and under the conditions referred to in Article 3 of the Public…
The competent authority may refuse an environmental permit if, in its judgment, there are special circumstances due to which the granting of the…
Insofar as the application relates to an activity for which the decision on the application requires the consent of another administrative authority…
Insofar as the application relates to more than one activity, if there is a rule laid down by or pursuant to this paragraph on the basis of which the…
The environmental permit shall be subject to such conditions as are necessary for the rules referred to in Articles 5.18, 5.19, 5.30 and 5.31.
In an environmental permit for a continuous activity, it may be stipulated that such permit is valid for a term specified therein.
In an environmental permit for a construction activity for a seasonal structure or for an environmental plan activity consisting of a construction…
If the prohibition referred to in Article 5.1, paragraph 1, to perform a dumping activity at sea without an environmental permit becomes applicable…
An environmental permit applies to the person who carries out the activity to which it relates. That person is the permit holder and shall ensure…
By way of derogation from Article 5.37, paragraph 1, the competent authority may determine in the environmental permit that a permit holder shall…
Insofar as an environmental permit relates to:
The competent authority shall amend the requirements of an environmental permit or revoke an environmental permit:
The competent authority may amend the requirements of an environmental permit:
The competent authority shall amend the requirements of an environmental permit for an activity or revoke the environmental permit for an activity by…
If, for an activity as referred to in Article 5.1, application is given to Article 5.39, under a, or 5.40, first paragraph, under a, or second…
If one or more environmental permits are in force for one or more activities, the competent authority may, in the interest of efficient…
Section 5.2
Projectprocedure
A project decision may be adopted for the execution of a project and for the operation or maintenance thereof. A project decision is adopted by the…
The Provincial Executive of the province where the project is primarily carried out are authorised to adopt the project decision.
Our Minister concerned, in agreement with Our Minister of Housing and Spatial Planning, may delegate the authority to adopt a project decision to the…
The competent authority for the project decision may determine that Article 16.7 applies to the coordination of the decisions for the implementation…
Where the provincial executive (gedeputeerde staten) acts as the coordinating administrative authority for decisions implementing a project decision…
Our Minister of Infrastructure and Water Management, in agreement with Our Minister of Housing and Spatial Planning, shall in any event adopt a…
The competent authority shall give notice of its intention to conduct an exploration into a potentially existing or future task in the physical…
During the exploration, the competent authority shall gather the necessary knowledge and insights regarding:
The preferred decision entails:
This paragraph does not apply to an elaboration of a project decision as referred to in Article 5.54 or an amendment to a project decision.
The project decision shall specify how citizens, businesses, civil society organizations, and administrative bodies have been involved in the…
The project decision amends the environmental plan with rules necessary for the execution and operation or maintenance of the project.
For the application of Article 5.52, paragraph 1, Articles 4.1 and 4.2, paragraph 1, and Sections 4.1.2 and 4.3.1 shall apply mutatis mutandis.
Article 4.19a, paragraphs one, two, four and five, shall apply mutatis mutandis to a project decision adopted by the executive board of a water board…
A project decision may stipulate that the decision may be elaborated by the competent authority, subject to the boundary conditions set therein.
If the inclusion of rules in the environmental plan aimed at the execution, operation, or maintenance of a project of public interest is prepared…