Title V.
Compulsive measures, supervision, penalty provisions, and the report to the Flemish Parliament


Chapter I.
Compulsory measures


Article 171.

1.

The OVAM is authorised to require owners and the users of land where an exploratory soil examination, site inspection, descriptive soil examination, water bottom examination, land remediation or the other measures mentioned in chapter VI of title III must be carried out to give access to persons appointed by the OVAM to this land so that they can carry out the necessary activities on-site. With the carrying out of their task the personnel of the OVAM can request the support of the local and federal police.

2.

The OVAM can order its appointed persons to carry out an exploratory soil examination, site inspection, descriptive soil examination, water bottom examination, land remediation or the other measures mentioned in chapter VI of title III, or to proceed with taking samples or the removal or treatment of pollutants, of a sample of the soil or of buildings.

3.

When useful for the exploratory soil examination, the site inspection, the descriptive soil examination, the water bottom examination, land remediation or other measures mentioned in chapter VI of title III, persons appointed by OVAM and soil remediation expertsor persons under their leadership or supervision may access parts or buildings of residential areas subject to prior written authorisation by the presiding judge of the court of first instance.


Chapter II.
Supervision


Article 172. With regard to the present Decree and its implementing orders, the supervision and the administrative enforcement are carried out and without prejudice to article 69, safety measures may be taken according to the regulations determined in [...] Title XVI of the Decree of 5 April 1995 concerning general provisions relating to environmental policy.

1

[...]

2

[...]


Chapter III.
Penalty provisions


Article 173.

With regard to the decree and its implementing orders, the investigation, the designation, and the sanctioning of the environmental infractions and environmental criminal offences according to the rules stipulated in Title XVI of the Decree of 5 April 1995 containing general provisions regarding environmental policy.

1

[...]

2

[...]


Chapter IV.
Reporting to the Flemish Parliament


Article 174. Each year the Flemish Government provides a full report to the Flemish Parliament on the implementation of the decree.