Title VI.
Transfer, elimination, and commencement provisions


Article 175. [...]

Article 176. Translation not available

Article 177.

1.

The terminating of personal user rights commenced after 30 September 1996 and whereby the commencement of these user rights was considered as a transfer of land in conformity with the then applicable provisions of article 2, 18 of the decree of 22 February 1995 concerning soil remediation, retains its capacity as a transfer of land to the extent that at that time the applicable provisions concerning the transfer of land were being complied with at the time of the commencement of these user rights.

2.

The orders providing for accreditation as land remediation expert issued in compliance with article 3, 7, of the decree of 22 February 1995 concerning soil remediation remain in force.

3.

The decisions of the OVAM where it has been judged that the party obliged to remediate the land has demonstrated compliance with the conditions of articles 10, 2, and 31, 2 and 3, of the decree. of 22 February 1995 concerning land remediation remain in force. This also applies to the orders of the Flemish Government taken in compliance with article 23 of the decree of 22 February 1995 concerning land remediation, where it was judged that the party obliged to remediate the land demonstrated compliance with the conditions of articles 10, 2, and 31, 2 and 3 of the decree of 22 February 1995 concerning land remediation.

4.

For the execution of its tasks and the exercising of its competences, the OVAM and the Flemish Government can base themselves on technical reports, soil investigations, soil remediation projects and end-evaluation investigations that were submitted by the OVAM before the coming into effect of the present Decree, as well as on the managerial processes as a result of the assessment thereof.


Article 178. The provisions of this decree come into force on the dates determined by the Flemish Government.