Subsection III.
Historical soil contamination


A. Remediation obligation.

Article 109.

1.

If the OVAM is of the opinion, based on the exploratory soil survey, stated in Article 102, or the Land Information Register, that there are clear indications that high-risk land has been affected by severe historical soil contamination, then the transfer cannot take place until the transferor or the mandated party, if necessary, has carried out the descriptive soil survey of the soil contamination and submitted the report thereof to the OVAM.

2.

If based on the report of descriptive soil examination, the report of exploratory and descriptive soil examination or the land information register the OVAM is of the opinion that the land is affected by serious historical soil contamination, the transfer cannot take place before the transferor, or if appropriate, the authorised party:

  1. has drawn up a soil remediation project or a limited soil remediation project and a conformity certificate has been granted for this;
  2. has concluded an obligation with respect to the OVAM to carry out further land remediation and any aftercare;
  3. has provided financial security to guarantee the execution of the obligation mentioned in 2. The Flemish Government determines the way in which this financial security is provided.
The obligation to carry out further soil decontamination and any after-care must be met in accordance with the provisions of the unilateral agreement described in subsection 1, 2.

B. Exemption from the remediation obligation.

Article 110. Translation not available

Article 111. The provisions of articles 106 and 107 are accordingly applicable.

C. Administrative appeal.

Article 112. All parties involved can appeal against the decisions of the OVAM mentioned in article 109 and 110 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.