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.