Chapter IV.
Administrative enforcement


Section I.
General provisions


Article 16.4.1. The Supervisors retain their supervision rights during the administrative enforcement phase.

Article 16.4.2. Translation not available

Article 16.4.3. Administrative measures or administrative fines may only be imposed for offences that are in violation of the legal regulations that have been stipulated and have come into effect prior to those facts.

Article 16.4.4. In the event of the imposition of administrative measures or administrative fines, the persons stated in Article 16.4.6, as well as the regional entity stated in Article 16.4.25, ensure that there is no obvious disparity between the facts forming the basis of the administrative measures or administrative fines, and the measures or the fines imposed on the basis of those facts.

Section II.
Administrative measures

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Subsection I.
Imposition


Article 16.4.5. Translation not available

Article 16.4.6. Translation not available

Article 16.4.7. Translation not available

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Article 16.4.8.

In the cases stated in Article 16.4.7, 1, 1 and 2, administrative measures have an end date by which they must be carried out. In determining that implementation period, the time reasonably required to carry out the measures is taken into account.

If no end date is stipulated, the administrative measures must be carried out as soon as possible.


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Article 16.4.9. The Flemish Government can stipulate more detailed rules regarding the form and contents of the administrative measures.

Subsection II.
Procedure for the imposition of administrative measures

Translation not available

Article 16.4.10. Translation not available

Subsection III.
Withdrawal


Article 16.4.11. Translation not available

Article 16.4.12. The administrative measures, as appropriate stated in Article 16.4.7, 1, 1 or 2, describe the conditions for the withdrawal of the measures.

Article 16.4.13.

If the conditions stated in the administrative measures are fulfilled, the person who has taken the administrative measures can officially and in a reasoned manner withdraw these measures.

Exceptionally, that person can officially and in a reasoned manner withdraw the administrative measures as stated in Article 16.4.7, 1, 1 or 2 if the conditions imposed in the administrative measures have not been fulfilled. The Flemish Government can stipulate more detailed conditions in this respect. Reasoned and official withdrawal of administrative measures as stated in Article 16.4.7, 1, 1 or 2 is also possible if changed circumstances require the imposition of new administrative measures.


Article 16.4.14. Translation not available

Article 16.4.15. Translation not available

Subsection IV.
Implementation


Article 16.4.16. Translation not available

Subsection V.
Appeals

Translation not available

Article 16.4.17. Translation not available

Subsection VI.
Request for the imposition of administrative measures


Article 16.4.18. Translation not available

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Section III.
The Environmental Enforcement Board

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Subsections I.
General provisions


[...].

Article 16.4.19. Translation not available

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B.
Composition

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Article 16.4.21. Translation not available

Article 16.4.22. Translation not available

C.
Functioning

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Article 16.4.23. Translation not available

Article 16.4.24. Translation not available

Section IV.
Administrative fines


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Article 16.4.26. Translation not available

Article 16.4.27. Translation not available

Article 16.4.28. Translation not available

Article 16.4.29. Translation not available

Article 16.4.30. Translation not available

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Article 16.4.31. Translation not available

Article 16.4.32. Translation not available

Article 16.4.33. Translation not available

Article 16.4.34. Translation not available

Article 16.4.35. Translation not available

Article 16.4.36. Translation not available

Article 16.4.37. Translation not available

Article 16.4.38. Translation not available

Article 16.4.39. Translation not available

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Article 16.4.40. Translation not available

Article 16.4.41. Translation not available

Article 16.4.42. Translation not available

Article 16.4.43. Translation not available

Article 16.4.44. Translation not available

Subsection V.
Appeal to the Environmental Enforcement Court

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A.
Assistance and representation

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Article 16.4.45. Translation not available

B.
Commencement of proceedings

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Article 16.4.46. Translation not available

Article 16.4.47. Translation not available

Article 16.4.48. Translation not available

Article 16.4.49. Translation not available

C.
Periods

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Article 16.4.50. Translation not available

D.
Composition of the dossier

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Article 16.4.51. Translation not available

Article 16.4.52. Translation not available

Article 16.4.53. Translation not available

E.
Investigation

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Article 16.4.54. Translation not available

Article 16.4.55. Translation not available

Article 16.4.56. Translation not available

Article 16.4.57. Translation not available

Article 16.4.58. Translation not available

Article 16.4.59. Translation not available

F.
Hearing and judgement

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Article 16.4.60. Translation not available

Article 16.4.61. Translation not available

Article 16.4.62. Translation not available

Article 16.4.63. Translation not available

Article 16.4.64. Translation not available

Article 16.4.65. Translation not available