Chapter VI.
Criminal enforcement


Article 16.6.1. Translation not available

Article 16.6.2. Translation not available

Article 16.6.3. Translation not available

Article 16.6.3bis. Translation not available

Article 16.6.3ter. Translation not available

Article 16.6.3quater. Translation not available

Article 16.6.3quinquies. Translation not available

Article 16.6.3sexies. Translation not available

Article 16.6.3septies. Translation not available

Article 16.6.4.

Whoever dumps waste materials in violation of the provisions of the Decree of 23 December 2011 on the sustainable management of material cycles and waste, is sentenced by the criminal judge to carry out the collection, transport and processing of those waste materials within a stipulated period.

 

While retaining the application of the provisions in the first paragraph, the sentenced person can be obliged to repay the costs for the collection, transport and processing of the waste materials by the municipality, by the Public Waste Agency of the Flemish Region or by the Flemish Region.


Article 16.6.5. After having heard the parties, the judge may, as a safety measure, ban the establishments that have committed the environmental crime from carrying on operations during the periods determined by him.

Article 16.6.6. Translation not available

Article 16.6.7. The authorised official may also request the remedial measures referred to in Article 16.6.6 before the court of first instance judging in civil matters in the legal district in which the environmental offence took place.

Article 16.6.8.

If the person required to carry out the remedial measures thus imposed has carried them out voluntarily, s/he shall notify the authorised official of this by registered letter or recorded delivery.

 

On receiving this notice, the authorised official will immediately verify the situation on site and draw up a report of the findings. The authorised official shall send a copy of this report to the person on whom the remedial measures were imposed.

 

The report of the findings shall serve as proof of remediation and establish the date of remediation.


Article 16.6.9. Translation not available

Article 16.6.10. Translation not available