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.