Chapter XVII.
Fees


Article 162.

1.

The Flemish Government can make the accessibility of the land information register dependent on the payment of a charge.

2.

The Government of Flanders can make the assessment of a report on an exploratory soil survey, a report on a site survey, a report on a descriptive soil survey, a report on an exploratory and descriptive site survey, a report on supplementary survey tasks, as well as a soil remediation project, a limited soil remediation project, a supplemented or changed soil remediation project, a final evaluation survey [...] [...] conditional to the payment of a fee.

3.

The Flemish Government can make the assessment of an application for exemption from the decontamination obligation dependent on the payment of a charge.

4.

The Flemish Government can make the assessment of an application for co-financing and of the request for an application of a capacity to pay arrangement dependent on the payment of a charge.

5.

The Government of Flanders can make the assessment of an application for recognition as [...], soil management organisation, intermediate storage site, and soil treatment centre conditional to the payment of a fee.

6.

The Flemish Government can make the assessment of a request for the application of its competence mentioned in articles 164 and 165 dependent on the payment of a charge.

7.

The Flemish Government can make the assessment of an appeal mentioned in articles 146 and 153 dependent on the payment of a charge.

8.

If the OVAM acts officially in accordance with Articles 157 or 158 of this decree, or Article 16.4.7, 1, 3, or Article 16.4.16, second paragraph, of Title XVI of the Decree of 5 April 1995 containing general

provisions regarding environmental policy, then the non-compliant party or the liable party owes these fees to the OVAM.

9.

If, in the cases stated in 1 through 7, inclusive, the Government of Flanders stipulates a fee, then, upon penalty of inadmissibility, the proof of payment of the fee must be appended to:

  1. the application for a soil certificate;
  2. the report on an exploratory soil survey, the report on a descriptive soil survey, the report on an exploratory and descriptive site survey, the report on supplementary survey tasks, the soil remediation project, the limited soil remediation project, the supplemented or changed soil remediation project, the final evaluation survey [...] [...];
  3. the request, stated in 2, or the application, stated in 3 to 6, inclusive;
  4. the appeal, stated in 7


Article 163.

1.

The Government of Flanders stipulates the amount of the fees, stated in Article 162, 1 to 8, inclusive.

2.

The Flemish Government appoints the officials from the OVAM responsible for the claiming and collection of the charges mentioned in article 162, and determines more specific regulations concerning their competence.