Chapter XV.
Administrative appeal


Section I.
Appeal against decisions concerning the soil remediation project or the limited soil remediation project


Article 146. Translation not available

Article 147.

The appeal shall be submitted, on penalty of inadmissibility, by registered post or recorded delivery.

The appeal shall be submitted, on penalty of inadmissibility, within thirty days after the notification of the certificate of conformity by the OVAM in accordance with the provisions, stipulated pursuant to Article 51. The persons who are indicated in the posted notices can submit an appeal within thirty days after the first day that the decision is posted in accordance with the provisions, stipulated pursuant to Article 51.


Article 148.

Upon penalty of inadmissibility, the following documents must be appended to the appeal:

1 a copy of the disputed decision;
2 if the appeal is submitted by persons who are indicated in the posted notification, a certificate from the mayor proving the notification.

The Government of Flanders can determine what other documents must be appended to the appeal, upon penalty of inadmissibility.


Article 149. Within a period of fourteen days of receipt of the appeal, the person who submitted the appeal is informed by the Flemish Government or the party authorised to this end by registered mail about the admissibility of the appeal.

Article 150.

1.

The administrative appeal, as stated in Article 146, is limited to marginal testing, whereby the Flemish Government makes a decision concerning the evident groundlessness of the disputed decision of the OVAM.

2.

The Flemish Government makes a judgement on the appeal within a period of ninety days of the date of sending of notification of the admissible appeal. Within ten days of the date of this decision, the decision is made known by the Flemish Government by registered mail to all persons and public authorities who were informed of the admissible appeal.

3.

If the judgement about the submitted appeal and its notification does not take place within the period mentioned in 2, the appeal is considered as rejected.

4.

The decision is published in the manner stipulated pursuant to Article 51.


Article 151. Translation not available

Article 152. The Flemish Government can establish more specific regulations concerning the procedure for the processing of the appeal.

Section II.
Miscellaneous appeals


Article 153. Except in cases for which the appeal procedure is regulated by article 146 up to and including 152, each party concerned can submit a non-suspensive appeal to the Flemish Government against each decision of the OVAM against which in accordance with this decree an appeal is admissible.

Article 154.

1.

The appeal is submitted, upon penalty of inadmissibility, by registered post or recorded delivery within thirty days after the publication of the OVAM’s decision in accordance with the provisions of this decree.

A copy of the disputed decision must be appended to the appeal, upon penalty of inadmissibility. The Government of Flanders can determine what other documents must be appended to the appeal, upon penalty of inadmissibility.

2.

Within a period of fourteen days after receiving the appeal, the Flemish Government or the official appointed for this will notify the submitter of the appeal by registered letter on the admissibility of his appeal.


Article 155.

1.

The administrative appeal, as stated in Article 153, is a complete appeal, if the appeal relates to a decision of the OVAM concerning the appointment of the person obligated to remediate, the exemption of the obligation to remediate or the exoneration of the obligation to carry out a site investigation, with the exception of those components of aforementioned decisions whereby the OVAM, as remediation expert, has made a decision.

In the other cases, the administrative appeal, as stated in Article 153, is limited to marginal testing, whereby the Flemish Government makes a decision concerning the evident groundlessness of the disputed decision of the OVAM or the concerned part thereof.

2.

Within a period of ninety days after the mailing date of the notification of the admissible appeal, the Flemish Government makes a decision on the appeal. Notification of the decision is sent within ten days after the date of the decision by registered mail to all persons and government bodies that were notified of the admissible appeal.

3.

The Flemish Government can determine further regulations for processing the appeal.