Subsection II.
Obligation to carry out an exploratory soil survey


A. Transfer of risk-entailing land.

Article 29. An exploratory soil examination is conducted on the initiative and at the expense of the transferor or the party authorised for the transfer of risk-entailing land.

Article 30. Translation not available

B.
One-time exploratory soil investigation for compulsory co-ownership

Article 30bis.

In the following cases for an immovable whole that falls under the system of compulsory co-ownership, as stated in Article 577-3 of the Civil Code, an exploratory soil investigation must be carried out on the initiative of and the costs borne by the association of co-owners before 31 December 2014:

  1. a risk installation was established on the piece of land where the compulsory co-ownership is established before the establishment of the co-ownership;
  2. a risk installation was established in the communal areas that were intended to benefit the compulsory co-ownership.
In the absence of an association of co-owners, the exploratory soil investigation is carried out on the initiative of and the costs borne by the co-owners.

C.
Expropriation of high-risk land
Translation not available

Article 31. Translation not available

D.
Closure of a risk-entailing establishment

Article 32. An exploratory soil examination is conducted on the initiative and at the expense of the operator further to the closure of a risk-entailing establishment.

E.
Investigation obligation in the context of the operation of certain high-risk installations

Article 33. Decriminalised legislation

Translation not available

Article 33bis.

§ 1. Decriminalised legislation

As a result of the commencement of operations at the installations designated as high-risk by the Government of Flanders and which are subject to licencing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, an exploratory soil survey shall be carried out at the operator’s own initiative and own cost.

 

The exploratory soil survey shall be carried out and a report on it shall be submitted to the OVAM before the environmental licence application for the operation of the high-risk installation is submitted to the licensing authority.

 

§ 2. Decriminalised legislation

A one-off exploratory soil survey shall be carried out at the operator’s own initiative and own cost for the high-risk installations, stated in paragraph 2, to which the investigation obligation, stated in §1, was not applicable at the commencement of operations.

 

The Government of Flanders shall specify which high-risk installations must carry out the exploratory soil survey and which must submit the report thereof to the OVAM before 7 January 2014, and which of these high-risk installations must comply with these obligations before 7 July 2015.


F.
Bankruptcy

Article 34. If a trader or a company, which is the owner of a piece of risk land, is declared bankrupt, an exploratory soil investigation is carried out on the piece of risk land on the initiative of the trustee in bankruptcy.

G.
Indications of severe soil contamination

Article 35.

If the OVAM is of the opinion that there are indications of severe soil contamination in a piece of land, then it can impose the obligations on the persons stated in Article 11 or 22 to carry out an exploratory soil survey of the site within a certain period of time and to then submit the report thereof to it.

 

All stakeholders can lodge an appeal against the OVAM’s decision, stated in the first paragraphs, with the Government of Flanders in accordance with Articles 153 to 155, inclusive.


H.
No new exploratory soil survey

Article 36.

The Government of Flanders can stipulate the conditions for the cases, stated in Articles 29 to 34, inclusive, in which there is no obligation to carry out a new exploratory soil survey or there is an obligation to only do a limited additional survey to add to the most recent exploratory soil survey.