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.