Decree on soil remediation and soil protection
DECREE of 27 octobre 2006 on soil remediation and soil protection

Title I.
Introductory provision


Article 1. This decree regulates at regional level.

Article 1bis.

This decree is referred to as the Soil Decree of 27 October 2006.


Title II.
Definitions, objectives and general provisions


Chapter I.
Definitions


Article 2. Translation not available

Chapter II.
Objectives


Article 3.

§ 1.

The soil policy is the policy aimed at sustainable soil management, where the needs of the current generations are met without jeopardising the ability of future generations to meet their needs. To this end, the policy must ensure, conserve and restore the quality of the soil by land remediation and soil protection, so that in the future our soils will still to the extent possible be able to fulfil the functions of the soil and allow different types of land use. The soil policy is also intended to create wide as possible social support, where the educating and informing of the target groups relating to soil management is stimulated.

 

§ 2.

The policy relating to land remediation is aimed at achieving the guide values for soil quality to the extent possible.These guide values are established by the Flemish Government, and include levels of polluting substances or organisms in or on the soil that allow the soil to be able to fulfil all its functions without any restriction having to be imposed.

 

§ 3.

The policy relating to soil protection is intended to protect the soil against pollution and disturbance and to protect valuable soils. The protection of the soil against pollution has the purpose of meeting the target values for soil quality to the extent possible. These target values are established by the Flemish Government and include levels of polluting substances or organisms in or on the soil that are equivalent to the normal background level in non-contaminated soils with comparable soil characteristics.

 

§ 4.

The sustainable use of excavated soil is encouraged so that the excavated soil is used optimally as an alternative for primary surface minerals.


Chapter III.
General provisions


Article 4.

§ 1.

Subject to contrary provisions, the periods mentioned in this decree commence:

  1. in the case of notification by registered mail with recorded delivery, on the first day following the day on which the letter was presented at the place of residence, or the registered or administrative offices of the addressee;
  2. in the case of notification by registered mail or ordinary letter, on the third workday following the day on which the letter was submitted to the postal services, unless the addressee demonstrates the contrary;
  3. in the case of sending with receipt, on the day after the date of the receipt.
The periods expire at midnight on the last day. If the last day is a Saturday, Sunday or public holiday, the period ends on the next workday.

 

§ 2.

The Flemish Government can determine that notification can also take place electronically. Is this case it determines any more specific modalities.


Title III.
Soil remediation


Chapter I.
Identifying and inventorying land


Section I.
Land Information Register


Article 5. Extra Versions

§ 1.

The OVAM maintains a Land Information Register in which it records data about land that is provided to it in the context of this decree or the Decree of 25 April 2014 on complex projects.

 

§ 2.

When recording a piece of land in the Land Information Register, the OVAM officially issues a soil certificate to:

 

1°         the owner and the user of the land and the operator of the land, insofar as these are known to the OVAM;

2°         the municipality in which the land is located. The municipality makes the soil certificates available for the stakeholders to peruse.

 

In deviation from the first paragraph, the OVAM issues an unofficial soil certificate if the land is recorded in the Land Information Register merely due to data from the municipal inventory of high-risk lands.

 

The OVAM also issues soil certificates upon request. The soil certificate is issued within fourteen days after receipt of the admissible application. If the request concerns land that is recorded in the Land Information Register, then the soil certificate is issued within sixty days after receipt of the admissible application.

 

§ 3.

The soil certificate states the identification of the land and provides an overview with the most current information available on the land in the Land Information Register.

 

The OVAM is not responsible for the correctness of the information that has been provided to it by third parties.

 

§ 4.

The Flemish Government makes more specific regulations concerning the management and the accessibility of the land information register.


Section II.
List of risk-entailing establishments


Article 6. The Flemish Government draws up a list of risk-entailing establishments.

Section III.
Municipal inventory


Article 7.

§ 1.

Every municipality maintains an inventory of the high-risk land that is located within its territory.

 

At the first request, the [...] Provincial Council provides the information to the municipalities that will allow them to maintain the inventory.

 

§ 2.

With the inclusion of a piece of land in and its removal from the municipal listing, the municipality immediately supplies the OVAM with an extract concerning the information included in the list. The OVAM enters this information in the land information register.

 

§ 3.

The Government of Flanders shall specify more detailed rules on the management and accessibility of the municipal inventory. The Government of Flanders can also determine which non-high-risk lands will be recorded in the municipal inventory.


Chapter II.
Accreditation as a soil remediation expert

Translation not available

Translation not available

Article 8. Translation not available

Translation not available

Translation not available

Chapter III.
Obligation to carry out and (pre-)finance the descriptive soil survey and the soil remediation


Section I.
new soil contamination


Subsection I.
Remediation criterion


Article 9.

§ 1.

The Flemish Government establishes land remediation standards. These land remediation standards include levels of soil contamination that involve a marked risk of negative effects on man or the environment in view of the soil characteristics and the functions it is to fulfil.

 

§ 2.

If there are clear indications that the soil contamination exceeds or threatens to exceed the land remediation standards, a descriptive soil examination is immediately conducted.

 

§ 3.

If the descriptive soil examination demonstrates that the land remediation standards are exceeded, land remediation starts immediately.

 

§ 4.

If because of its special nature the soil contamination cannot be checked against land remediation standards, the remediation criterion mentioned in article 19, §1 and § 2applies.

 

§ 5.

The provisions of §2 and §4 are not applicable in cases of damage covered in conformity with the provisions of article 74 up to and including 82.


Subsection II.
Remediation objective


Article 10.

§ 1.

With new soil contamination, land remediation has the purpose of achieving the guide values for the soil.

 

§ 2.

If, due to the properties of the soil contamination or of the contaminated land, it is not possible to achieve the target values for soil quality by using the best available technologies that are not paired with excessively high costs, then the soil remediation shall at least be targeted at achieving soil quality which is better than that specified in the applicable soil remediation standards.

 

In cases where the land in the context of a provisionally established draft land use plan, land-use implementation plan, or project decision is given a use for which stricter soil remediation standards apply, then the stricter soil remediation standards shall be used as the remediation objective.

 

§ 3.

If because of the properties of the soil contamination or of the contaminated land it is not possible to achieve the soil quality mentioned in §1 and §2, by using the best available techniques while not entailing excessive costs, the remediation objective mentioned in article 21, §1 applies.

 

§ 4.

If it is not possible to achieve the soil quality mentioned in §1 up to and including §3, by using the best available techniques while not entailing excessive costs, restrictions on use or purpose are imposed as necessary.

 

§ 5.

If because of its special nature the soil contamination cannot be checked against the guide values for the soil quality, the remediation objective mentioned in article 21, §1, is used. The provisions of §4 are accordingly applicable.

 

§ 6.

The selection of the best available techniques entailing no excessive costs takes place independent of the financial resources of the party obliged to remediate the land. The Flemish Government can determine which elements must be taken into account with the evaluation of the best available techniques entailing no excessive costs.


Subsection III.
Party obligated to carry out remediation works


A. Appointment of the party obligated to carry out remediation works.

Article 11. Translation not available

B. Exemption from the remediation obligation.

Article 12.

§ 1.

The operator is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the operator, that the operator cumulatively complies with the following conditions:

 

the operator has not directly caused the soil contamination;
the soil contamination occurred before the point at which the operator began to develop the land.

       

If the OVAM is of the opinion, based on the soil file or based on the position, that the operator cumulatively complies with the conditions, stated in the first paragraph, for a part of the soil contamination, then the operator is exempt from the remediation obligation for that part of the soil contamination.

 

The provisions of the first and second paragraphs shall also apply to the user accordingly.

 

§ 2.

The owner is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the owner, that the owner cumulatively complies with the following conditions:

 

the operator has not directly caused the soil contamination;
the soil contamination occurred before the point at which the operator became the owner of the land;
the operator was not aware and could not have been aware of the soil contamination at the point at which the operator became the owner of the land. The Government of Flanders can stipulate which elements must be taken into account in the assessment of whether the owner was not aware or could not have been aware of the soil contamination at the point of acquisition;
[...]

       

If the OVAM is of the opinion, based on the soil file or based on the position, that the owner cumulatively complies with the conditions, stated in the first paragraph, for a part of the soil contamination, then the owner is exempt from the remediation obligation for that part of the soil contamination.

 

§ 3.

As a departure from the provisions of §1 and §2, the person mentioned in article 11 is still obliged to carry out the descriptive soil examination or the land remediation if the OVAM demonstrates that a legal predecessor caused the soil contamination, or that the soil contamination originated during the period in which a legal predecessor operated or used the land.

 

§ 4.

All parties involved can appeal against the decision of the OVAM mentioned in §1 up to and including §3 to the Flemish Government in accordance with articles 153 up to and including 155.

 

§ 5.

The Flemish Government determines further regulations concerning:

  1. the processing of the application for exemption from the obligation to carry out the descriptive soil investigation or soil remediation;
  2. the transferability and the expiry of exemption from the obligation to carry out the descriptive soil investigation or soil remediation.

The Flemish Government can determine further regulations concerning:

  1. the documents that, on the penalty of inadmissibility of the application, must be included with the motivated viewpoint, as stated in § 1 or § 2;
  2. the period in which the application for exemption, on the penalty of inadmissibility, must be submitted to the OVAM.

Subsection IV.
Remediation financing


A. (Pre)financing.

Article 13.

§ 1.

The party obliged to remediate the land mentioned in article 11 carries out the descriptive soil examination or the soil remediationat his own expense.

 

§ 2.

The party obliged to remediate the land can recover the costs of the descriptive soil examination or the land remediation from the person who in accordance with article 16 is responsible, and can require from this party responsible for the remediation an advance payment or require that he pays a financial deposit.


B. Capacity to pay arrangements.

Article 14.

§ 1.

A party obliged to remediate the land mentioned in article 11, who has insufficient capacity to (pre)finance the land remediation, can submit a reasoned request to the Flemish Government for the allocation of a capacity to pay arrangement. A capacity to pay arrangement has the purpose of spreading the financing of the remediation. The Flemish Government decides on the granting of a capacity to pay arrangement within a period of ninety days of receipt of an admissible request.

 

§ 2.

The Flemish Government establishes more specific regulations concerning the procedure for such application and the conditions for the allocation of a capacity to pay arrangement.


C. Co-financing.

Article 15.

§ 1.

The Flemish Government can determine in which cases the person proceeding with a descriptive soil examination or land remediation can claim co-financing. In this case it also makes more specific regulations concerning the procedure for and the conditions of cofinancing, and the percentage share of co-financing in the total cost of the descriptive soil examination or land remediation. The Flemish Government can also determine the maximum co-financing in nominal amounts.

 

§ 2.

The co-financing is granted within the bounds of the credit provided to this end in the budget of the Flemish Region.


Subsection V.
Liability


Artikel 16.

§ 1.

Whoever has caused soil contamination is responsible for the costs made in accordance with this decree for the descriptive soil examination, the land remediation and other measures mentioned in section VI., as well as for damage caused by these activities or measures.

 

§ 2.

If the emission that caused the soil contamination to occur originated from an installation or activity that is subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, then the operator of the installation or activity, stated in Title V, is nevertheless liable;

 

§ 3.

The liability for the costs and further damage, as stated in § 1, that the person who satisfies the conditions, as stated in Article 12, § 1 or § 2, can incur on the basis of the regulations applicable to the present Decree that place the liability purely on ownership or purely on the security of the piece of land is limited to the amount of the costs necessary to prevent the soil contamination from spreading or spreading further or from forming an immediate hazard.


Article 17.

§ 1.

If on the basis of the provisions of this decree a number of persons are responsible for the same soil contamination, they are jointly and severally liable.

 

§ 2.

In that case, those who have reimbursed the party suffering the damage have recourse against the other liable parties to the extent the different emissions for which they are liable have contributed to the cause of the land contamination.

 

§ 3.

The provisions of this decree are without prejudice to the possibilities of the person responsible to exercise recourse based on another legal foundation.


Article 18. The provisions of this decree are without prejudice to the other rights of the persons incurring costs or suffering damage as mentioned in article 16, §1, with respect to the causer or other persons.

Section II.
Historical soil contamination


Subsection I.
Remediation criterion


Article 19.

§ 1.

On land with historical soil contamination a descriptive soil examination is proceeded with if there are clear indications of serious soil contamination.

 

§ 2.

On land with historical soil contamination it is proceeded with land remediation if the descriptive soil examination demonstrates the presence of serious soil contamination.

 

§ 3.

[...]


Article 20. Extra Versions

[...]


Subsection II.
Remediation objective


Article 21.

§ 1.

For historical soil contamination, soil remediation is targeted at preventing the soil quality from causing a risk or resulting in adverse effects on people or the environment by using the best available technologies that are not paired with excessively high costs.

 

In cases where the land in the context of a provisionally established draft land use plan, land-use implementation plan, or project decision is given a different use, then the soil remediation is targeted at preventing the soil quality from causing a risk or resulting in adverse effects on people or the environment within the context of this future use.

 

§ 2.

If, due to the properties of the soil contamination or of the contaminated land, it is not possible to achieve the target values for soil quality by using the best available technologies that are not paired with excessively high costs, then the soil remediation shall at least be targeted at achieving soil quality which is better than that specified in the applicable soil remediation standards.

 

In cases where the land in the context of a provisionally established draft land use plan, land-use implementation plan, or project decision is given a use for which stricter soil remediation standards apply, then the stricter soil remediation standards shall be used as the remediation objective.

 

§ 3.

The provisions of article 10, §6, are accordingly applicable.


Subsection III.
Party obligated to carry out remediation works


A. Appointment of the party obligated to carry out remediation works.

Article 22. Translation not available

B. Exemption from the decontamination obligation.

Article 23.

§ 1.

The operator is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the operator, that the operator cumulatively complies with the following conditions:

 

the operator has not directly caused the soil contamination;
the soil contamination occurred before the point at which the operator began to develop the land.

       

If the OVAM is of the opinion, based on the soil file or based on the position, that the operator cumulatively complies with the conditions for exemption for a part of the soil contamination, then the operator is exempt from the remediation obligation for that part of the soil contamination.

 

The provisions of the first and second paragraphs shall also apply to the user accordingly.

 

§ 2.

The owner is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the owner, that the owner cumulatively complies with the following conditions:

 

the operator has not directly caused the soil contamination;
the soil contamination occurred before the point at which the operator became the owner of the land;

the operator was not aware and could not have been aware of the soil contamination at the point at which the operator became the owner of the land. The Government of Flanders can stipulate which elements must be taken into account in the assessment of whether the owner was not aware or could not have been aware of the soil contamination at the point of acquisition. 

        

The owner, who, although he, she, or it was aware or should have been aware of the soil contamination, acquired the contaminated land before 1 January 1993 is also not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the owner, that the owner did not cause the contamination directly and that, since acquiring the land, the owner has only used it for private purposes.

 

If the OVAM is of the opinion, based on the soil file or based on the position, that the owner cumulatively complies with the conditions for exemption for a part of the soil contamination, then the owner is exempt from the remediation obligation for that part of the soil contamination.

 

§ 3.

As a departure from the provisions of §1 and §2, the person mentioned in article 22 is still obliged to carry out the descriptive soil examination or the land remediation if the OVAM demonstrates that a legal predecessor caused the soil contamination, or that the soil contamination originated during the period in which a legal predecessor operated or used the land.

 

§ 4.

All parties involved can appeal against the decision of the OVAM mentioned in §1 up to and including §3 to the Flemish Government the provisions of article 153 up to and including 155.

 

§ 5.

The provisions of Article 12, §5 shall also apply accordingly.


Subsection IV.
Remediation financing


Article 24. The provisions of article 13 up to and including 15 are accordingly applicable.

Subsection V.
Liability


Article 25.

§ 1.

The liability for the costs that are incurred in accordance with this decree for the descriptive soil survey, the sediment study, the soil remediation, and other measures, stated in Chapter VI, as well as those incurred for the damage that is caused by these activities or measures, is stipulated, in cases of historical soil contamination, in accordance with the liability rules that were applicable before 29 October 1995

 

§ 2.

Responsibility for the costs and further damage mentioned in §1 that may be incurred by a person who meets the conditions mentioned in article 23, §1 or §2, based on the rules applicable before 29 October 1995, being liability established due to simple ownership or the simple monitoring of the land, is limited to the amount of costs required to prevent the soil contamination from further spreading or comprising an immediate danger.


Section III.
Mixed soil contamination


Article 26. [...]

Article 27.

§ 1.

If mixed soil contamination has been observed, the soil remediation expert shall draw up, in all reasonableness, an apportionment of the soil contamination that is as accurate as possible of one part in which the contamination occurred before 29 October 1995 and in one part in which it occurred after 28 October 1995.

 

The OVAM shall decide upon the apportionment based on the substantiated proposal of the soil remediation expert in his or her soil survey report. All stakeholders can lodge an appeal against the OVAM’s decision with the Government of Flanders in accordance with Articles 153 to 155, inclusive.

 

§ 2.

If the OVAM is of the opinion, based on the apportionment, that the largest part of the mixed soil contamination occurred before 29 October 1995, or that the part that occurred before 29 October 1995 is equal to the part that occurred after 28 October 1995, then only the provisions applicable to historical soil contamination are applicable to the mixed soil contamination.

 

If, based on the apportionment, the largest part of the mixed soil contamination occurred after 28 October 1995, then only the provisions applicable to new soil contamination are applicable to the mixed soil contamination.


Translation not available

Subsection I.
Qualifications for mixed soil contamination


Article 27bis.

The OVAM can qualify a case of soil contamination as mixed soil contamination. The OVAM describes the mixed soil contamination and states the land or lands on which the mixed soil contamination occurred.

 

Subject to provisions that state otherwise in this section, the provisions in Articles 9 to 11, inclusive, Articles 13 to 22, inclusive, and Articles 24 to 27, inclusive, are applicable to the mixed soil contamination.


Subsection II.
Obligation to jointly carry out a descriptive soil survey and soil remediation for the mixed soil contamination Extra Versions


Article 27ter.

The qualification as mixed soil contamination automatically results in the persons who, in application of Articles 9 and 11, are obligated to carry out remediation works or who, in application of Articles 19 and 22, were appointed as being obligated to carry out remediation works, being obligated to jointly carry out a descriptive soil survey or soil remediation for the mixed soil contamination.

 

On the condition that the persons who are obligated to carry out remediation works are in agreement, the OVAM can then proceed to carry out the descriptive soil survey or the soil remediation for the mixed soil contamination. This shall be done at the cost of the persons who are obligated to carry out remediation works in accordance with the distribution formula and stipulated in application of Article 27quater.


Subsection III.
Obligation to (pre-)finance based on the distribution formula


Article 27quater.

In deviation from Article 13, first paragraph, and Article 24, the (pre-)financing for carrying out the descriptive soil survey and the soil remediation by the persons obligated to carry out remediation works, stated in Article 27ter, is to be done according to a distribution formula, which is based on all the reasonably available data, specified by the OVAM. The Government of Flanders shall specify further rules governing the specification of the distribution formula.


Subsection IV.
Administrative appeal


Article 27quinquies. All stakeholders can lodge an appeal against the OVAM’s decisions, stated in Articles 27bis and 27quater, with the Government of Flanders in accordance with Articles 153 to 155, inclusive.

Chapter IV.
Exploratory soil survey and descriptive soil survey Extra Versions


Section I.
Exploratory soil survey


Subsection I.
Objective, contents, and procedure


Article 28. Translation not available

Subsection Ibis.
Declaration of conformity for the exploratory soil survey and assessment of the soil contamination

Translation not available

Subsection 28bis. Deriminalised legislation

Translation not available

Article 28ter. Translation not available

Article 28quater. Translation not available

Subsection II.
Obligation to carry out an exploratory soil survey


A. Transfer of risk-entailing land.

Article 29. An exploratory soil examination is conducted on the initiative and at the expense of the transferor or the party authorised for the transfer of risk-entailing land.

Article 30. Translation not available

B.
One-time exploratory soil investigation for compulsory co-ownership

Article 30bis.

In the following cases for an immovable whole that falls under the system of compulsory co-ownership, as stated in Article 577-3 of the Civil Code, an exploratory soil investigation must be carried out on the initiative of and the costs borne by the association of co-owners before 31 December 2014:

  1. a risk installation was established on the piece of land where the compulsory co-ownership is established before the establishment of the co-ownership;
  2. a risk installation was established in the communal areas that were intended to benefit the compulsory co-ownership.
In the absence of an association of co-owners, the exploratory soil investigation is carried out on the initiative of and the costs borne by the co-owners.

C.
Expropriation of high-risk land
Translation not available

Article 31. Translation not available

D.
Closure of a risk-entailing establishment

Article 32. An exploratory soil examination is conducted on the initiative and at the expense of the operator further to the closure of a risk-entailing establishment.

E.
Investigation obligation in the context of the operation of certain high-risk installations

Article 33. Decriminalised legislation

Translation not available

Article 33bis.

§ 1. Decriminalised legislation

As a result of the commencement of operations at the installations designated as high-risk by the Government of Flanders and which are subject to licencing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, an exploratory soil survey shall be carried out at the operator’s own initiative and own cost.

 

The exploratory soil survey shall be carried out and a report on it shall be submitted to the OVAM before the environmental licence application for the operation of the high-risk installation is submitted to the licensing authority.

 

§ 2. Decriminalised legislation

A one-off exploratory soil survey shall be carried out at the operator’s own initiative and own cost for the high-risk installations, stated in paragraph 2, to which the investigation obligation, stated in §1, was not applicable at the commencement of operations.

 

The Government of Flanders shall specify which high-risk installations must carry out the exploratory soil survey and which must submit the report thereof to the OVAM before 7 January 2014, and which of these high-risk installations must comply with these obligations before 7 July 2015.


F.
Bankruptcy

Article 34. If a trader or a company, which is the owner of a piece of risk land, is declared bankrupt, an exploratory soil investigation is carried out on the piece of risk land on the initiative of the trustee in bankruptcy.

G.
Indications of severe soil contamination

Article 35.

If the OVAM is of the opinion that there are indications of severe soil contamination in a piece of land, then it can impose the obligations on the persons stated in Article 11 or 22 to carry out an exploratory soil survey of the site within a certain period of time and to then submit the report thereof to it.

 

All stakeholders can lodge an appeal against the OVAM’s decision, stated in the first paragraphs, with the Government of Flanders in accordance with Articles 153 to 155, inclusive.


H.
No new exploratory soil survey

Article 36.

The Government of Flanders can stipulate the conditions for the cases, stated in Articles 29 to 34, inclusive, in which there is no obligation to carry out a new exploratory soil survey or there is an obligation to only do a limited additional survey to add to the most recent exploratory soil survey.


Subsection III.
Ex-officio exploratory soil examination


Article 37. With the retention of the competence of the environmental inspectors in compliance with other laws or decrees, the OVAM can at any time ex-officio conduct an exploratory soil examination.

Section II.
Descriptive soil survey


Subsection I.
Purpose, content and procedure


Article 38. Translation not available

Subsection II.
Declaration of conformity of the descriptive soil examination

Translation not available

Article 39. Translation not available

Subsection III.
Nature and severity of the soil contamination [?]

Translation not available

Article 40. Translation not available

Article 41. [...]

Subsection IV.
Ex-officio descriptive soil examination

Translation not available

Article 42. With the retention of the competence of the environmental inspectors in compliance with other laws or decrees, the OVAM can at any time ex-officio proceed with the conducting or supplementation of a descriptive soil examination.

Subsection V.
Administrative appeal


Article 43. Translation not available

Section III.
Exploratory and descriptive soil survey


Subsection I.
Report of the exploratory and descriptive soil surveys Extra Versions

Translation not available

Article 44. Decriminalised legislation

Translation not available

Subsection II.
Declaration of conformity of the exploratory and descriptive soil examination

Translation not available

Article 45. Translation not available

Article 46. Translation not available

Translation not available

Translation not available

Chapter V.
Soil remediation


Section I.
Soil remediation project


Subsection I.
Objective, procedure, and contents of the soil remediation project


Article 47. Translation not available

Article 47bis.

§ 1.

If the soil remediation project is comprised of activities for which, in application of Article 4.3.2, §2bis or §3bis of the Decree of 5 April 1995 containing general provisions regarding environmental policy, a project-environmental impact assessment-screening note must be drawn up, then, in deviation from Article 4.3.3, §2 of the abovementioned decree, the provisions stipulated in and pursuant to this decree shall apply.

 

§ 2.

In the case, stated in paragraph 1, a project-environmental impact assessment-screening note is included in which the abovementioned activities, stated in paragraph 1, are indicated or if there is an anticipated impact, whether this is significant or not, on people and the environment. The contents of the project-environmental impact assessment-screening note will be organised further in the standard procedure for the soil remediation project.

 

§ 3.

The OVAM shall make a decision, based on the project-environmental impact assessment-screening note, on whether a project-environmental impact assessment (EIA) must be set up. The OVAM shall make this decision at the time of and as a part of the decision on the admissibility and completeness of the soil remediation project. The decision on whether or not a project-EIA must be set up shall be available to the public.

A project-EIA does not have to be set up in the following cases:

 

the OVAM is of the opinion that testing against the criteria stated in Appendix II of the Decree of 5 April 1995 containing general provisions regarding environmental policy shows that the proposed project will not have any significant impact on the environment and a project-EIA would not reasonably contain any new or additional data on significant environmental impact;
a plan-EIA has already been approved concerning a plan or programme in which a project with comparable impact has been assessed or a project-EIA has been approved for a project in which the proposed initiative is merely a repeat, continuation, or alternative, and the OVAM is of the opinion that a new project-EIA would not reasonably contain any new or additional data on significant environmental impact.

      

The decision that a project-EIA must be drawn up immediately results in the incompleteness of the soil remediation project.


Article 47ter.

§ 1.

If the soil remediation project is comprised of activities for which, in application of the Decree of 5 April 1995 containing general provisions regarding environmental policy or based on the OVAM’s decision, stated in Article 47bis, §3, a project-EIA must be set up, then, in deviation from Article in deviation from Article 4.3.4, §1 to §4, inclusive, and Articles 4.3.5 to 4.3.9, inclusive, of the Decree of 5 April 1995 containing general provisions regarding environmental policy, the provisions stipulated in and pursuant to this decree, and Articles 4.3.3 and 4.3.4, §5 of the Decree of 5 April 1995 containing general provisions regarding environmental policy, shall apply, with the understanding that “initiator” shall be understood as “the person who initiates the soil remediation”.

 

§ 2.

In this case, stated in paragraph 1, the person who initiates the soil remediation can request that the OVAM issue a recommendation, before the initiator commits to the soil remediation project, on the contents of the data that the soil remediation project must contain as a result of this. In this regard, the OVAM shall consult the person who initiates the soil remediation and the bodies that the Government of Flanders has appointed before issuing its recommendation. The fact that the OVAM issues a recommendation does not mean that it cannot request more information at a later date.

 

In any case, the information shall be included in the soil remediation project, stated in Article 4.3.7 of the Decree of 5 April 1995 containing general provisions regarding environmental policy.


Article 48. The Flemish Government establishes more specific regulations concerning the content, the notification and the admissibility and completeness of the soil remediation project.

Subsection II.
Public enquiry and provision of advice


Article 49. The Flemish Government establishes more specific regulations concerning the procedure for a public enquiry and the provision of advice with respect to the soil remediation project.

Subsection III.
Declaration of conformity for the soil remediation project


Article 50.

§ 1.

After the completion of the public enquiry and receipt of the advice mentioned in article 49, and within ninety days of receipt of the admissible and complete soil remediation project, the OVAM makes a decision on the conformity of the soil remediation project with the provisions of this decree. The OVAM imposes supplements or changes to the soil remediation project or issues a conformity certificate.

 

§ 1bis.

If the soil remediation project is comprised of activities for which a project-EIA is required, the OVAM shall take the data, stated in Article 47ter, §2, as well as the information that was gained from the public review and the recommendation, into consideration.

 

§ 2.

[...]


Article 51.

The Government of Flanders shall specify more detailed rules on the declaration of conformity for the soil remediation project and the imposing of additions or modifications to the soil remediation project and on the notification of these decisions.


Subsection IV.
Conditions and period for the conducting of the soil remediation work


Article 52. Translation not available

Article 53. The OVAM can determine the period within which the soil remediation work must be commenced.

Subsection V.
Certificate of conformity as instrument of notification or environmental licence


Article 54.

If the soil remediation works are comprised of processes, installations, or activities that are subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy or pursuant to Title IV, Chapter II of the Flemish Spatial Planning Codex, then the certificate of conformity serves as the instrument of notification or environmental licence.


Subsection VI.
Administrative appeal


Article 55. Except in cases for which the appeal procedure is regulated in articles 146 up to and including 152, each party concerned can appeal against the decisions of the OVAM mentioned in articles 50, §1, 52 and 53 to the Flemish Government in accordance with the provisions of articles 153 up to and including 155.

Section II.
Limited soil remediation project


Subsection I.
Area of application


Article 56. If soil contamination can be completed by soil remediation work that will take a maximum of one hundred and eighty days , and has only a limited impact on man and the environment, instead of a soil remediation project a limited soil remediation project can be drawn up, provided that the owners and users of the land on which the necessary soil remediation work will take place for the limited soil remediation project declare in writing to be in agreement with the conducting of the soil remediation work. The limited impact can be further described in the standard procedure stated in Articles 57 and 47, § 2.

Subsection II.
Purpose, procedure and content of the limited soil remediation project


Article 57. The provisions of articles 47 and 48 are accordingly applicable.

Subsection III.
Declaration of conformity for the limited soil remediation project


Article 58.

§ 1.

The OVAM shall issue its decision on the conformity of the limited soil remediation project with the provisions of this decree no later than thirty days after receipt of the admissible and fully limited soil remediation project [...]. The OVAM shall impose additions or modifications to the limited soil remediation project or it shall issue a certificate of conformity.

 

§ 2.

The Government of Flanders shall specify more detailed rules on the declaration of conformity for the limited soil remediation project and the imposing of additions or modifications to the limited soil remediation project and on the notification of these decisions.


Subsection IV.
Conditions and period for the conducting of the soil remediation work


Article 59. The provisions of articles 52 and 53 are accordingly applicable.

Subsection V.
Certificate of conformity as notification, environmental licence


Article 60. Translation not available

Subsection VI.
Administrative appeal


Article 61. Except in cases for which the appeal procedure is regulated in articles 146 up to and including 152, each party concerned can appeal against the decisions of the OVAM mentioned in articles 58, §1, and the decisions of the OVAM taken by virtue of article 59 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Section III.
Soil remediation work


Subsection I.
Procedure


Article 62. Soil remediation work is conducted under the supervision of a land remediation expert in conformity with the conditions and the term mentioned in the conformity certificate and the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the soil remediation work is conducted according to a code of good practice.

Subsection II.
Supplements or changes to the soil remediation project or limited soil remediation project declared in conformity during the soil remediation work


Article 63.

§ 1.

During the execution of the soil remediation works, the principal of the soil remediation project, the limited soil remediation project or the soil remediation works can initiate the execution of a small change or addition to the soil remediation project declared to be in accordance or limited soil remediation project declared to be in accordance with the standard procedure stated in Article 62.

 

The soil remediation expert, under whose leadership the soil remediation works are carried out, reports the small change or addition to the OVAM, which takes note of this. This takes place in accordance with the standard procedure stated in Article 62.

 

The Flemish Government determines in which cases and under which conditions a small change or addition can be carried out.

 

§ 2.

During the execution of the soil remediation works, the principal of the soil remediation project, the limited soil remediation project or the soil remediation works can also submit a proposal to the OVAM for a large change or addition to the soil remediation project declared to be in accordance or limited soil remediation project declared to be in accordance. A proposal for a large change or addition is approved or, if necessary, rejected by the OVAM. The large change or addition is carried out in accordance with the conditions, as stated in the approval decision, and in accordance with the standard procedure stated in Article 62.

 

The Flemish Government determines in which cases and under which conditions a proposal for a large change or addition can be drawn up and submitted to the OVAM. Also, the Flemish Government can determine further regulations concerning the procedure for a large change or addition.

 

§ 3.

If during the carrying out of the soil remediation work within the context of a limited soil remediation project declared in conformity it appears that the soil contamination cannot be completed within the period of one hundred and eighty days mentioned in article 56, the party ordering the soil remediation work can request a once-only extension of the conformity certificate for the limited soil remediation project for a period of one hundred and eighty days. The reasoned request for an extension must, under penalty of inadmissibility, be submitted to the OVAM within thirty days before the end of the period of one hundred and eighty days. The OVAM makes a decision on the extension within thirty days of receipt of the request.


Article 64.

§ 1.

If during the carrying out of the soil remediation work the OVAM based on its own findings or based on a report from the land remediation expert under whose supervision the soil remediation work is taking place is of the opinion that the measures for the treatment of the soil contamination mentioned in the soil remediation project or the limited soil remediation project declared in conformity do not or not sufficiently lead to the results established in the conformity certificate, it can impose the obligation to within a specific period draw up a proposal for a small or large change or supplement to the soil remediation project or limited soil remediation project declared in conformity, and submit this to the OVAM.

 

§ 2.

If appropriate, the OVAM can require the drawing up within a specific period a new soil remediation project or new limited soil remediation project and have this submitted to the OVAM.


Article 65. All parties involved can appeal against the decision of the OVAM mentioned in articles 63 and 64 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection III.
Notification of the soil remediation work and site description


Article 66. The Flemish Government establishes more specific regulations concerning the notification of the carrying out of the soil remediation work and the carrying out of a site description before the commencement of the soil remediation work.

Section IV.
Final assessment investigation and final declaration


Article 67.

§ 1.

The soil remediation work ends after the achieving of the objectives of the land remediation.

 

§ 2.

After the carrying out of the soil remediation work, a final evaluation assessment is conducted in which the results of the soil remediation work are included and in which a proposal of aftercare is drawn up as required.

 

§ 3.

A final evaluation assessment is conducted under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the final evaluation assessment is conducted according to a code of good practice.


Article 68.

If the objectives of the soil remediation have been achieved, the OVAM shall issue, based on the results of the final assessment investigation, a final declaration. The OVAM shall provide the final declaration to the principal of the soil remediation works and those persons stated in Article 11 or 22, if they are known to the OVAM.

 

All stakeholders can lodge an appeal against the OVAM’s decision with the Government of Flanders in accordance with the provisions in Articles 153 to 155, inclusive.


Chapter VI.
Miscellaneous measures


Section I.
Safety measures


Article 69.

§ 1.

If the OVAM is of the opinion that soil contamination comprises an immediate danger, it will impose safety measures. This competence does not affect the competence of other authorities to take safety measures.

 

§ 2.

A land remediation expert who within the context of the carrying out of an order in compliance with this title is of the opinion that the soil contamination comprises an immediate danger and requires safetymeasures immediately submits reasoned notification of this to the OVAM.

 

§ 3.

If the safety measures are comprised of processes, installations, or activities that are subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy or pursuant to Title IV, Chapter II of the Flemish Spatial Planning Codex, then the certificate of conformity serves as the instrument of notification or environmental licence.

 

§ 4.

Safety measures are conducted under the supervision of a land remediation expert.


Section II.
Precautionary measures


Article 70.

§ 1.

The OVAM can impose precautionary measures for the purposes of the protection of man or the environment against the risks of soil contamination in anticipation of the carrying out of soil remediation operations.

 

§ 2.

A land remediation expert who within the context of the carrying out of an order in compliance with this title is of the opinion that precautionary measures are necessary immediately submits reasoned notification of this to the OVAM. The operators, users or owners of the contaminated land can under the supervision of a land remediation expert propose precautionary measures to the OVAM.

Within a period of sixty days of receipt of the proposal, the OVAM makes a decision on the proposed precautionary measures and can impose precautionary measures.

 

§ 3.

If the safety measures are comprised of processes, installations, or activities that are subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy or pursuant to Title IV, Chapter II of the Flemish Spatial Planning Codex, then the certificate of conformity serves as the instrument of notification or environmental licence.

 

§ 4.

Precautionary measures are conducted under the supervision of a land remediation expert.


Section III.
Aftercare


Article 71.

§ 1.

The OVAM can impose aftercare in the conformity certificate of the soil remediation project or limited soil remediation project, or in the final declaration. All parties involved can submit an appeal against the decision of the OVAM to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

 

§ 2.

The aftercare is conducted under the supervision of a land remediation expert in conformity with the conditions mentioned in the conformity certificate or the final declaration, and in conformity with the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the aftercare is conducted according to a code of good practice.

 

§ 3.

On the request of the OVAM, the person proceeding with aftercare provides financial security to guarantee his obligation to carry out the aftercare. The Flemish Government determines the way in which this financial security is provided.


Section IV.
Restrictions on use


Article 72.

§ 1.

If the OVAM is of the opinion that soil contamination limits or precludes the use of contaminated land, it can impose restrictions on use. All parties involved can submit an appeal against this decision of the OVAM to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

 

§ 2.

Under the supervision of a land remediation expert each party concerned can propose reasoned restrictions on use to the OVAM.


Section V.
Restrictions on purpose


Article 73.

§ 1.

If the Flemish Government is of the opinion that soil contamination precludes the use of contaminated land in accordance with its purpose it can, on the advice of the OVAM, impose restrictions after the owner and user of the contaminated land ,or if appropriate the authorised party, have been consulted.

 

§ 2.

Under the supervision of a land remediation expert each party concerned can propose reasoned restrictions on purpose to the Flemish Government.


Section VI.
Treatment of soil contamination in an accident


Subsection I.
Scope


Article 74. Translation not available

Subsection II.
Competent authority


Article 75.

§ 1.

The competent authority in the context of this section is the OVAM, if the accident occurred on:

 

land that is owned by or under the management of a municipality, autonomous municipal company, or intermunicipal partnership;
land on which an installation or activity is established that is categorised as first class pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy;
land for which a descriptive soil survey or soil remediation works has/have been carried out.

        

 

§ 2.

In all other cases the competent authority is the burgomaster of the municipality where the damage takes place.


Subsection III.
Procedure


Article 76.

§ 1.

If on a piece of land a case of damage takes place, the operator, user or owner of the land reports this immediately to the competent authority. In this report the operator, user or owner indicates which measures he may have already taken in order to implement his duty of care.

 

§ 2.

The competent authority can ascertain an accident, issue a decision on the approach to take with regard to the accident, and set the measures for treating the soil contamination during an accident. The competent authority shall issue its decision within thirty days after being notified by the person, stated in Article 80, insofar as these are known to the competent authority.

 

If an accident has been ascertained in accordance with the first paragraph, then the provisions of Article 9, §2 and §4 are not applicable.

 

The measures for treatment of the soil contamination are carried out no more than one hundred and eighty days after notification of the decision stated in the first paragraph.


Article 77.

If the measures, stated in Article 76, §2, are comprised of processes, installations, or activities that are subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy or pursuant to Title IV, Chapter II of the Flemish Spatial Planning Codex, then the decision of the competent authority, stated in Article 76, §2, serves as the instrument of notification or environmental licence.


Article 78. After the implementation of the measures mentioned in article 76, §2, under the supervision of a soil remediation expert an evaluation is report drawn up in which the results of these measures are included. The evaluation report is sent to the competent authority and the OVAM.

Article 79.

§ 1.

If the OVAM is of the opinion, based on the results recorded in the evaluation report, that there is still contaminated soil after the measures, stated in Article 76, §2, have been carried out and that there are clear indications that the soil contamination exceeds the soil remediation standards or threatens to exceed these, then the OVAM can order the person, stated in Article 11, to carry out a descriptive soil survey.

 

§ 2.

If based on the results included in the evaluation report the OVAM is of the opinion that there are no clear indications that the soil contamination exceeds or threatens to exceed the land remediation standards, the OVAM submits to the persons mentioned in article 80 and the competent authority a declaration in which the results of the measures carried out are established.


Subsection IV.
Designation of the liable party


Article 80.

The obligation to immediately carry out the measures to treat the soil contamination in an accident, under the supervision of a soil remediation expert, is applicable to the following person:

 

the operator, stated in Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, if there is an installation or activity located on the land where the soil contamination has occurred that is subject to the notification or licensing obligation;
if there is no operator: the user of the land where the soil contamination has occurred;
if there is no operator and user: the owner of the land where the soil contamination has occurred;

    


Article 81. If the duty-bound party mentioned in article 80 does not act or acts insufficiently, the competent authority orders the person to fulfil his obligations within a specified period of time. If within the time specified the order is not or insufficiently acted upon, the competent authority can in his place ex-officio have the measures mentioned in article 76, §2, implemented, and recover their costs from the duty-bound party in default and the person responsible in accordance with article 16.

Article 82. Whoever in accordance with the provisions of this section incurs costs can recover them from the person who in accordance with article 16 is responsible, and can require an advance payment from the person or requirethat he provides financial security.

Section VII.
Risk management


Subsection I.
Scope


Article 83. [...]

Subsection II.
Risk management plan

[...]


Article 84. [...]

Article 85. [...]

Article 86. [...]

Subsection III.
Risk management measures

[...]


Article 87. Extra Versions

[...]


Article 88. Extra Versions

[...]


Subsection IV.
Ratio between risk management and remediation obligation


Article 89. [...]

Subsection V.
Financial guarantees


Article 90. [...]

Section VIII.
Soil prevention and soil management obligation

Translation not available

Article 91. Translation not available

Chapter VII.
Voluntarily carrying out the descriptive soil survey, soil remediation, or miscellaneous measures


Section I.
General


Article 92. Translation not available

Article 93.

A person other than the liable party, stated in Article 80, can, as the party willing to remediate, satisfy the obligation to treat the soil contamination in an accident [...]. The provisions of Article 74 to 82, inclusive, shall also apply accordingly.


Article 94. [...]

Section II.
Land remediation organisations


Subsection I.
Purpose and accreditation of land remediation organisations


Article 95. Translation not available

Subsection II.
Compulsory tasks of accredited land remediation organisations


Article 96. Translation not available

Subsection III.
Optional tasks of accredited land remediation organisations


Article 97. Translation not available

Subsection IV.
Subsidies


Article 98. Extra Versions

Translation not available

Subsection V.
Supervision and penalties


Article 99. The Flemish Government and the OVAM exercise supervision of the fulfilment of the tasks of an accredited land remediation organisation in compliance with this section. The Flemish Government can determine more specific rules for this.

Article 100. If an accredited land remediation organisation does not or not sufficiently comply with the obligations in this subsection, the Flemish Government can suspend or withdraw the accreditation of the land remediation organisation. The Flemish Government determines the conditions to this end.

Chapter VIII.
Transfers


Section I.
Land transfer agreement


Article 101.

§ 1. Decriminalised legislation

For the conclusion of a contract concerning the transfer of land, the transferor or the mandated party, if necessary, must request a soil certificate from the OVAM and communicate the contents thereof to the acquiring party.

 

[…]

 

§ 2.

The private instrument in which the transfer of land is established contains the content of the soil certificate.

 

§ 3.

In all instruments concerning the transfer of land, the executing official includes the declaration by the transferor that the acquirer or if appropriate the authorised party was informed of the contents of the soil certificate before the concluding of the agreement. The executing official also includes the content of the soil certificate in the legal instrument.


Section II.
Transfer of high-risk land


Subsection I.
General provisions


A. Obligation to carry out an exploratory soil survey.

Article 102. Translation not available

B. Notification of transfer.

Article 103. [...]

Subsection II.
New soil contamination


A. Remediation obligation.

Article 104.

§ 1.

If the OVAM is of the opinion, based on the exploratory soil survey, stated in Article 102, or the Land Information Register, that there are clear indications that high-risk land has been affected by new soil contamination that exceeds the soil remediation standards or threatens to exceed these, then the transfer cannot take place until the transferor or the mandated party, if necessary, has carried out the descriptive soil survey of the soil contamination and submitted the report thereof to the OVAM.

 

§ 2.

If based on the report of a descriptive soil examination, the report of an exploratory and descriptive soil examination or the land information register the OVAM is of the opinion that the land remediation standards are exceeded, the transfer cannot take place before the transferor or if appropriate the authorised party:

  1. has drawn up a soil remediation project or a limited soil remediation project and conformity certificate has been granted for this;
  2. has concluded an obligation with respect to the OVAM to carry out further land remediation and any aftercare;
  3. has provided financial security to guarantee the execution of the obligation mentioned in 2°. The Flemish Government determines the way in which this financial security is provided.
The obligation to carry out further soil decontamination and any after-care must be met in accordance with the provisions of the unilateral agreement described in subsection 1, 2°.

 

§ 3.

If because of its special nature the soil contamination cannot be checked against land remediation standards, the provisions of this article are accordingly applicable if serious soil contamination is present.


B. Exemption from the remediation obligation.

Article 105. Translation not available

Article 106. The Flemish Government determines further regulations concerning the processing of the application for exemption from the obligation to carry out the descriptive soil investigation or the soil remediation. The Flemish Government can determine further regulations concerning the documents that, on the penalty of inadmissibility of the application, must be included with the motivated viewpoint, as stated in Article 105, § 1.

Article 107. The Flemish Government can establish more specific regulations concerning the transferability and the expiry of the exemption from the obligations mentioned in article 104.

C. Administrative appeal.

Article 108. All parties involved can appeal against the decisions of the OVAM mentioned in article 104 and 105 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection III.
Historical soil contamination


A. Remediation obligation.

Article 109.

§ 1.

If the OVAM is of the opinion, based on the exploratory soil survey, stated in Article 102, or the Land Information Register, that there are clear indications that high-risk land has been affected by severe historical soil contamination, then the transfer cannot take place until the transferor or the mandated party, if necessary, has carried out the descriptive soil survey of the soil contamination and submitted the report thereof to the OVAM.

 

§ 2.

If based on the report of descriptive soil examination, the report of exploratory and descriptive soil examination or the land information register the OVAM is of the opinion that the land is affected by serious historical soil contamination, the transfer cannot take place before the transferor, or if appropriate, the authorised party:

  1. has drawn up a soil remediation project or a limited soil remediation project and a conformity certificate has been granted for this;
  2. has concluded an obligation with respect to the OVAM to carry out further land remediation and any aftercare;
  3. has provided financial security to guarantee the execution of the obligation mentioned in 2°. The Flemish Government determines the way in which this financial security is provided.
The obligation to carry out further soil decontamination and any after-care must be met in accordance with the provisions of the unilateral agreement described in subsection 1, 2°.

B. Exemption from the remediation obligation.

Article 110. Translation not available

Article 111. The provisions of articles 106 and 107 are accordingly applicable.

C. Administrative appeal.

Article 112. All parties involved can appeal against the decisions of the OVAM mentioned in article 109 and 110 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection IV.
Mixed soil contamination

[...]


Article 113. [...]

Subsection V.
Taking over obligations


Article 114. The Flemish Government can establish more specific regulations concerning the taking over of the obligations to be able to proceed with the transfer of risk-entailing land.

Subsection VI.
Accelerated transfer procedure


Article 115. Translation not available

Section III.
Nullity and non-opposability


Article 116.

§ 1.

The acquirer can claim the invalidity of a transfer that took place in violation of the provisions of section I. This invalidity can no longer be claimed if the following conditions are cumulatively complied with:

  1. the acquirer has been put in possession of the most recently issued soil certificate or a soil certificate with content identical to the content of the most recently issued soil certificate;
  2. the acquirer has had his waiving of the invalidity claim explicitly recorded in an authentic deed.

 

§ 2.

The acquirer can claim the invalidity of a transfer that took place in violation of the provisions of section II.

 

This invalidity can no longer be claimed if the following conditions are cumulatively complied with:

  1. the provisions of section II of this chapter have been complied with;
  2. the acquirer has had his waiving of the invalidity claim explicitly recorded in an authentic deed.

 

§ 3.

The transfer of the high-risk land is non-opposable with respect to the OVAM if this transfer took place in violation of the transfer provisions for high-risk land. The OVAM can impose the following obligations on the transferor who illegally transferred the high-risk land:

 

carrying out an exploratory soil survey of the transferred high-risk land;
carrying out a descriptive soil survey, soil remediation, or any aftercare for the soil contamination that occurred on the transferred high-risk land and which was reasonably known to be present in this land at the time of the illegal transfer.

     


Article 117. In the deed providing for the transfer of the land, the executing official mentions that the provisions of Section II were applied.

Section IV.
Relinquishment of ownership rights


Article 118. The relinquishment of the ownership rights or other rights in rem mentioned in article 2, 18°, does not discharge the holder of the rights in rem from the obligation to conduct the descriptive soil examination or the land remediation by virtue of the provisions of this decree.

Chapter IX.
Expropriation of land


Section I.
Provisions applicable to all expropriations


Article 119.

The government that is planning to proceed with the expropriation shall request a soil certificate from the OVAM for the land that they want to expropriate.

 

The expropriation of land for which the Land Information Register shows evidence of soil contamination having occurred that exceeds the remediation criterion, stated in Articles 9 or 19, automatically has the following consequences:

 

any existing remediation obligation for the soil contamination expires at the time of the expropriation;

 the expropriating government becomes the party that is obligated to carry out remediation works for the soil contamination at the time of the expropriation. This is not the case if the persons, stated in Articles 11 and 21, have been granted an exemption from the remediation obligation for the soil contamination before the expropriation. 

 

The remediation obligation comes into effect or the remediation obligation is established after the expropriation in accordance with Articles 9 and 11 or Articles 19 and 22 for the soil contamination, stated in the second paragraph, that was not registered in the Land Information Register at the time of the expropriation.

 

The estimated costs of the descriptive soil survey or the soil remediation are taken into account when determining the expropriation remuneration for an expropriation where the expropriating government automatically becomes the party that is obligated to carry out remediation works at the time of the expropriation, as stated in the second paragraph. This is not the case if the remediation obligation rests with or is established for the operator or the user of the expropriated land before the expropriation came into effect. In that case, the expropriating government can recover the costs for the descriptive soil survey or the soil remediation from the liable party in accordance with Articles 16 to 18, inclusive, or Article 25.


Article 119bis.

The government that is planning to proceed with the expropriation of land or lands can carry out a soil survey, at its own cost, on the land or lands to be appropriated.


Section II.
Provisions applicable to the expropriation of high-risk lands


Article 120. [...]

Article 121. [...]

Chapter X.
Closure of a high-risk installation


Article 122. Translation not available

Chapter XI.
Bankruptcy and liquidation

Translation not available

Article 123.

§ 1.

If a trader or a company, which is the owner of a piece of risk land, is declared bankrupt, an exploratory soil investigation is carried out on the piece of risk land on the initiative of the trustee in bankruptcy. The trustee takes the initiative to carry out the exploratory soil investigation within a period of sixty days after he has determined that the bankrupt person is the owner of a piece of risk land.

 

§ 2.

[...]

 

§ 3.

The OVAM shall issue a decision in this regard within sixty days after receipt of the exploratory soil survey and will appoint the official receiver [...] and inform the owner and user of the land in this regard.


Chapter XII.
Sediments


section I.
Water bottom examination


Subsection I.
Obligation to conduct an water bottom examination


Article 124.

§ 1.

The Flemish Government indicates the water bottoms on which the manager must conduct a water bottom examination within a certain period on his own initiative and at his own expense.

 

§ 2.

A water bottom examination can be performed by someone else than the manager of the water bottom.


Subsection II.
Purpose, content and procedure


Article 125.

§ 1.

A water bottom examination has the purpose of establishing if serious soil contamination exists near the water bottom. It aims to provide a description of the nature, quantity, concentration, origin and extent of polluting substances or organisms, the possibility of the dispersion of these substances or organisms, and the danger of exposure to people, plants, animals and groundwater and surface water.

 

In addition, a water bottom examination can include data concerning the assessment of the danger of the exposure of the soil contamination to people, plants, animals and groundwater and surface water with a potential other use.

 

§ 2.

A water bottom examination consists of a historical examination and the sampling of the water bottom and soils that can be contaminated as a result of the spreading of the contamination of the water bottom or the surface water.

 

§ 3.

A water bottom examination is conducted under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government. In the absence of such a standard procedure, a water bottom examination is conducted according to a code of good practice.

 

§ 4.

A water bottom examination can be carried out in phase in the cases and in accordance with the conditions determined in the standard procedure mentioned in §3.


Subsection III.
Declaration of conformity of the water bottom examination


Article 126.

§ 1.

Within a period of ninety days of receipt of the report of the water bottom examination, the OVAM makes a decision about the conformity of the examination with the provisions of this section, and issues a conformity certificate or imposes supplementary examination activities.

 

§ 2.

The Flemish Government establishes more specific regulations concerning the notification and the declaration of conformity of the water bottom examination and the content and the notification of the conformity certificate.


Subsection IV.
Severity of the soil contamination


Article 127. At the time of the declaration of conformity of the water bottom examination, the OVAM assesses if there is a case of serious soil contamination.

Subsection V.
Administrative appeal


Article 128. All parties involved can appeal against the decisions of the OVAM mentioned in articles 126 and 127 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection VI.
Ex-officio water bottom examination


Article 129. Without prejudice to the competence of the environmental inspectors in compliance with other laws or decrees, the Flemish Government can require the OVAM to ex-officio conduct a water bottom examination.

Section II.
Remediation obligation


Subsection I.
Remediation criterion


Article 130.

§ 1.

Soil remediation is proceeded with if the water bottom examination demonstrates the presence of serious soil contamination.

 

§ 2.

The Government of Flanders designates those sediments with severe soil contamination, as well as the lands that are contaminated as a result of the spread of the contamination from the sediment or the surface water, where soil remediation must be a priority. The Government of Flanders can base itself on the floodplains management plans, as stated in the Decree of 18 July 2003 relating to integral water policy, for the determination of the priorities.


Subsection II.
Remediation objective


Article 131. The provisions of article 21 are accordingly applicable.

Subsection III.
Designation of the liable party for carrying out and (pre-) financing the soil remediation


Article 132.

§ 1.

The obligation to carry out the soil remediation for the soil contamination, stated in Article 130, §2, lies with the manager of the sediment and the costs for this are to be borne by the same. In deviation from this, the remediation obligation for the contamination of the sediment for which it can be proven on which land it occurred lies with the person stated in Article 22.

 

§ 2.

The persons stated in §1 can recover the costs for the soil remediation from the persons who, in accordance with Article 25, are liable and they can also claim an advance payment from this party liable for the remediation or demand that this party provides a financial guarantee.

 

§ 3.

The soil remediation can be carried out by a person other than the persons who are obligated to carry out remediation works stated in §1.


Subsection IV.
Exemption from the decontamination obligation


Article 133. The provisions of article 23 are accordingly applicable.

Subsection V.
Responsibility


Article 134. The provisions of article 25 are accordingly applicable.

Section III.
Soil remediation


Article 135.

The provisions of Chapter V and Chapter VI are accordingly applicable to the soil remediation of sediments, with the exception of [...] the provisions stipulated pursuant to Articles 48, 51 58, §2, and 66, insofar as the remediation works take place within a strip starting at the upper edge of the bank of the body of surface water up to five meters inland.


Chapter XIII.
Using excavated soil


Section I.
Area of application


Article 136. The provisions of this chapter regulate the use of excavated soil. The provisions of this chapter also apply to cleaned excavated soil and excavated soil to which physical separation has been applied.

Article 137. The provisions of this chapter are not applicable to the use of primary surface minerals as mentioned in the decree of 4 April 2003 concerning surface minerals, to minerals reclaimed in gravel extraction areas according to the decree of 14 July 1993 to establish the 'Grindfonds' and for the regulation of gravel mining, and to imported mineral minerals reclaimed as geological deposits in their natural state.

Section II.
General provisions


Article 138.

§ 1.

In order to control the spread of soil contamination and to promote the sustainable use of excavated soil, the Government of Flanders shall specify more detailed rules on the conditions for using excavated soil, the procedure for tracing excavated soil, and the tasks that a soil management organisation, intermediate storage site, and soil treatment centre, as stated in Article 139, fulfil in this regard.

 

§ 2.

The Flemish Government can make the use of excavated soil dependent on the drawing up of a technical report. The Flemish Government establishes more specific regulations with respect to the content of the technical report.

 

A technical report is drawn up under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the technical report is drawn up according to a code of good practice.


Section III.
Accreditation as soil management organisation, intermediate storage location or soil decontamination centre


Article 139.

§ 1.

The Flemish Government is competent to accredit a legal entity as soil management organisation, intermediate storage location or soil decontamination centre for the conducting of the tasks drawn up by the Flemish Government in compliance with the provisions of article 138, §1.

 

§ 2.

The Flemish Government determines the conditions and the accreditation procedure, suspension and withdrawalof accreditation as soil management organisation, intermediate storage location or soil decontamination centre, as well as the conditions for use of the accreditation.

 

§ 3.

The Flemish Government can determine in which cases the OVAM can assume the tasks of an accredited soil management organisation. The Flemish Government can also establish more specific regulations concerning the procedure and the conditions for the assumption of the tasks by the OVAM.


Chapter XIV.
Sites


Section I.
Designation of a site


Article 140.

§ 1.

The OVAM can designate a site based on soil contamination or potential soil contamination. The designation will be published in an extract in the Belgian Official Gazette.

 

§ 2.

The Government of Flanders can designate a site based on factors other than soil contamination or potential soil contamination, after recommendations from the OVAM on the soil contamination or potential soil contamination. Upon designation, a potential future use can be added, which will be published in an extract in the Belgian Official Gazette.

 

In this designation, stated in the first paragraph, the Government of Flanders can deviate from the rules, stipulated pursuant to Article 138. In that case, the Government of Flanders can determine that Article 141 is not applicable to the site.


Section II.
Site survey


Subsection I.
Carrying out a site survey


Article 141.

The designation as a site immediately results in the OVAM carrying out a site survey.

 

Without prejudice to application of the first paragraph, a person other than the OVAM can decide to carry out the site survey voluntarily.

 

The site survey shall be carried out within the period that is stipulated in the site decision.


Section III.
Objective, contents, and procedure


Article 142. Translation not available

Section IV.
Declaration of conformity of the site survey

Translation not available

Article 143. Translation not available

Section III.
Obligation to remediate the soil of a site


Article 144.

The provisions of Articles 9 to 27quinquies, inclusive, Articles 47 to 68, inclusive, and Article 92 are accordingly applicable to the soil remediation at site level.


Section V.
General provision


Article 145.

The application of this chapter does not have a suspensory effect upon the application of the provisions of this decree on land that is a part of a site, except in the case where the decision of the OVAM expressly states otherwise. In that case, the OVAM guarantees optimum coordination.

 

The OVAM can grant an exemption to the investigation duty, state in Articles 29, 30, and 102, §1, for the transfer of high-risk land that is a part of a site.


Chapter XV.
Administrative appeal


Section I.
Appeal against decisions concerning the soil remediation project or the limited soil remediation project


Article 146. Translation not available

Article 147.

The appeal shall be submitted, on penalty of inadmissibility, by registered post or recorded delivery.

 

The appeal shall be submitted, on penalty of inadmissibility, within thirty days after the notification of the certificate of conformity by the OVAM in accordance with the provisions, stipulated pursuant to Article 51. The persons who are indicated in the posted notices can submit an appeal within thirty days after the first day that the decision is posted in accordance with the provisions, stipulated pursuant to Article 51.


Article 148.

Upon penalty of inadmissibility, the following documents must be appended to the appeal:

 

a copy of the disputed decision;
if the appeal is submitted by persons who are indicated in the posted notification, a certificate from the mayor proving the notification.

 

The Government of Flanders can determine what other documents must be appended to the appeal, upon penalty of inadmissibility.


Article 149. Within a period of fourteen days of receipt of the appeal, the person who submitted the appeal is informed by the Flemish Government or the party authorised to this end by registered mail about the admissibility of the appeal.

Article 150.

§ 1.

The administrative appeal, as stated in Article 146, is limited to marginal testing, whereby the Flemish Government makes a decision concerning the evident groundlessness of the disputed decision of the OVAM.

 

§ 2.

The Flemish Government makes a judgement on the appeal within a period of ninety days of the date of sending of notification of the admissible appeal. Within ten days of the date of this decision, the decision is made known by the Flemish Government by registered mail to all persons and public authorities who were informed of the admissible appeal.

 

§ 3.

If the judgement about the submitted appeal and its notification does not take place within the period mentioned in §2, the appeal is considered as rejected.

 

§ 4.

The decision is published in the manner stipulated pursuant to Article 51.


Article 151. Translation not available

Article 152. The Flemish Government can establish more specific regulations concerning the procedure for the processing of the appeal.

Section II.
Miscellaneous appeals


Article 153. Except in cases for which the appeal procedure is regulated by article 146 up to and including 152, each party concerned can submit a non-suspensive appeal to the Flemish Government against each decision of the OVAM against which in accordance with this decree an appeal is admissible.

Article 154.

§ 1.

The appeal is submitted, upon penalty of inadmissibility, by registered post or recorded delivery within thirty days after the publication of the OVAM’s decision in accordance with the provisions of this decree.

 

A copy of the disputed decision must be appended to the appeal, upon penalty of inadmissibility. The Government of Flanders can determine what other documents must be appended to the appeal, upon penalty of inadmissibility.

 

§ 2.

Within a period of fourteen days after receiving the appeal, the Flemish Government or the official appointed for this will notify the submitter of the appeal by registered letter on the admissibility of his appeal.


Article 155.

§ 1.

The administrative appeal, as stated in Article 153, is a complete appeal, if the appeal relates to a decision of the OVAM concerning the appointment of the person obligated to remediate, the exemption of the obligation to remediate or the exoneration of the obligation to carry out a site investigation, with the exception of those components of aforementioned decisions whereby the OVAM, as remediation expert, has made a decision.

 

In the other cases, the administrative appeal, as stated in Article 153, is limited to marginal testing, whereby the Flemish Government makes a decision concerning the evident groundlessness of the disputed decision of the OVAM or the concerned part thereof.

 

§ 2.

Within a period of ninety days after the mailing date of the notification of the admissible appeal, the Flemish Government makes a decision on the appeal. Notification of the decision is sent within ten days after the date of the decision by registered mail to all persons and government bodies that were notified of the admissible appeal.

 

§ 3.

The Flemish Government can determine further regulations for processing the appeal.


Chapter XVI.
Official intervention by the OVAM


Article 156. Translation not available

Article 157.

The OVAM can decide to officially carry out a descriptive soil survey, soil remediation, or the miscellaneous measures, stated in Sections III, VI, and VII of Chapter VI, if the operator, user, and owner of the land on which the soil contamination occurred is not required to carry out a descriptive soil survey or soil remediation pursuant to the provisions of Articles 12 or 23, Articles 105 or 110, or Article 133. If the owner is exempt from the remediation obligation for a part of the soil contamination pursuant to the abovementioned provisions, then the OVAM can decide to officially carry out a descriptive soil survey, soil remediation, or miscellaneous measures, stated in Title III, Chapter VI, Sections III and VI.

 

If the land, which is the subject of an official soil remediation by the OVAM in the period between the decision up to the official carrying out of the descriptive soil survey, or the soil remediation, and the issuance of the final declaration for the official soil remediation in the context of a provisionally or definitively established land-use implementation plan or special land use plan, is given a use whereby, in application of Article 10, §2 or Article 21, §1, an adapted remediation objective is applicable to the soil remediation, then any additional costs for the official carrying out of the soil remediation due to the application of the adapted remediation objective shall be (pre-) financed by the person who is the owner of the land at the time of the definitively established land-use implementation plan or special land use plan.


Article 158.

The OVAM can decide to officially carry out the soil remediation or the miscellaneous measures, stated in Title III, Chapter VI, Sections III and VI, at site level.


Article 159. If the OVAM takes action ex-officio, it can request assistance from other government bodies, companies or experts.

Article 160.

If the OVAM acts automatically or officially, pursuant to the provisions of this decree, it shall recover the costs from the liable party in accordance with Article 16 or 25.


Article 160bis.

In deviation from Article 160, the OVAM can decide to waive the recovery if the recovery costs are greater than the amount to be recovered.


Article 161. Translation not available

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.


Chapter XVIII.
Competence of the Flemish Government


Section I.
Settlements, arrangements, transfer of debts and guarantees, subrogation, waiving of recourse and agreements


Article 164. With regard to the application of the provisions of articles 9 up to and including 135 and article 160, the Flemish Government can conclude all settlements, proposals of composition included, , transfer debts and guarantees, subrogate third parties in their rights, waive recourse, permit derogations and conclude agreements.

Article 165. With the retention of the application of article 164, with regard to the application of the provisions of article 140 up to and including 145 the Flemish Government can conclude all arrangements, permit derogations and conclude agreements.

Section II.
Compulsory purchase


Article 166. With the retention of its other competence relating to compulsory purchases, the Flemish Government can proceed with the compulsory purchase of immoveable property for the carrying out of soil remediation work on the request of the person who in compliance with this title or the OVAM is obliged to conduct land remediation work. The compulsory purchase takes place in the name of and at the expense of the applicant.

Title IV.
Soil protection


Chapter I.
Measures for the protection of the soil


Article 167. The Flemish Government can determine measures for the protection of the soil. These measures can include general compulsory conditions relating to the use of the soil.

Chapter II.
Instruments for the protection of the soil


Section I.
Subsidy regulation


Article 168.

§ 1.

The Flemish Government establishes more specific regulations with which an administrative authority can claim a subsidy for the carrying out of measures for the protection of the soil. The Flemish Government determines the conditions which must be satisfied by the measures to be carried out by the administrative government to be able to be subsidised, draws up more specific procedure rules relating to the allocation of the subsidies, and determines the contribution of the Flemish Region to the cost of the relative measures.

 

§ 2.

The subsidies are granted within the bounds of the credit provided to this end in the budget of the Flemish Region.


Section II.
Support regulation


Article 169.

§ 1.

With the retention of the application of the existing arrangements in compliance with other laws, decrees and implementing decisions to encourage the application of measures that also aim at the protection of the soil, the Flemish Government can provide a specific support regulations to encourage the application by soil users of measures for the protection of the soil, so in all respects a higher quality than basic quality is achieved for nature and the environment. Basic quality for nature and the environment is understood as the quality achieved by compliance with customary good agricultural methods, by compliance with the requirements provided in articles 3, 4 and 5 of regulation 1782/2003 and by compliance with the conditions established in regulations concerning nature and the environment.

 

§ 2.

The Flemish Government determines the content, the level, the conditions and the procedure for this support.


Section III.
Compulsory purchases in the general interest


Article 170. Translation not available

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.

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.