Section 1.
General provisions


Subsection 1.
Authorities responsible for considering and taking decisions in relation to permit applications


Article 15.

§1.
The Government of Flanders or the regional environmental official is responsible in the first administrative instance for the following applications for [...]:

Flemish projects;
projects that only involve mobile or movable facilities or activities as stated in article 5.1.1, 10° of the DABM across two or more provinces.

  

The Government of Flanders shall determine in what cases the regional environmental official can make a decision regarding the permit application.

The deputation is responsible in the first administrative instance for its jurisdiction for the following applications for [...]:

provincial projects;
projects that only involve mobile or movable facilities or activities as stated in article 5.1.1, 10° of the DABM across two or more municipalities in their province;
projects involving facilities or activities classified in the first category that are neither a Flemish nor a municipal project or part of either.

 

The bench of Mayor and Aldermen is responsible in the first administrative instance for its jurisdiction for the following applications for [...]:

municipal projects;
cases other than those for which the Government of Flanders or the deputation is responsible.

 
§2.

A permit request for the change of a classified establishment or activity, with the exception of the splitting of a classified establishment or activity, is examined and a decision is taken by the authority that is competent in accordance with paragraph 1 for the project to which the classified establishment or activity belongs after change.

 

A permit request for the splitting of a classified establishment or activity is examined and a decision is taken by the authority that is competent in accordance with paragraph 1 for the project to which the classified establishment or activity belongs before the splitting.
 

By way of derogation from subparagraph 1, permit applications that only relate to the dismantling of a project or the restoration of the sites to their original condition and the operation of a classified facility or activity required for this shall be considered and decided upon by the authority responsible for the project in accordance with paragraphs 1 and 3, subparagraph 1.

 

§3.

For the application of paragraphs 1 and 2, a project is considered to be the whole that forms a construction-technical and functional whole and where, as the case may be, the operation forms a coherent technical whole.
 
A corporate residence together with the associated corporate buildings form one project.
 

§4.

The change of several stand-alone projects [...] can be requested as a joint project.

 

Permit applications as stated in subparagraph 1 shall be considered and decided upon by the authority responsible for the entirety of the project in accordance with paragraph 1.
 

§5.

However, the deputation is responsible for considering and deciding upon permit applications for a project or for a change to a project for which the bench of Mayor and Aldermen is responsible in accordance with paragraphs 1, 2 or 4 if the project or the project after the change is located on the territory of two or more municipalities.

 

§6.

However, the Government of Flanders is responsible for considering and deciding upon permit applications for a project or for a change to a project for which the bench of Mayor and Aldermen is responsible in accordance with paragraphs 1, 2, 4 or 5 if the project or the project after the change is located on the territory of two or more provinces.

 

§7.

Permit applications that relate to both the renewal of a limited-term permit for a project or part of a project and to changes thereto shall be submitted to the authority responsible in accordance with paragraphs 2 to 6 inclusive.


Article 15/1.

However, the deputation is authorised to examine and decide on a permit request for a project or for the change of a project, for which the Mayor and Aldermen are competent in accordance with Article 15, if the following two conditions are met:

an environmental impact statement must be drawn up for the project and no exemption from the reporting obligation has been obtained;
the council of burgomaster and aldermen is the initiator and applicant of the project.


However, the Government of Flanders is authorised to inspect and decide on a permit application for a project or for the change of a project, for which the deputation is competent in accordance with Article 15, if the following two conditions are met:

an environmental impact statement must be drawn up for the project and no exemption from the reporting obligation has been obtained;
the deputation is the initiator and applicant of the project.

Subsection 2.
Omgevingsvergunning Committee


Article 16.

§1.
In each province a provincial Environment Permit Committee shall be established that advises the board of Mayor and Aldermen and the deputation in the instances specified by the Government of Flanders.

A regional Environment Permit Committee shall be established that advises the Government of Flanders in the instances specified by the Government of Flanders.

§2.
The committees shall consist of a chairperson, a secretary, experts and representatives of the bodies responsible for giving their opinion. The bench of Mayor and Aldermen concerned or the municipal environmental official shall form part of the committees in an advisory capacity except if the application or appeal being considered emanates from the bench.

The deputation and the Government of Flanders shall appoint the chairperson, secretary and experts who sit on the provincial and regional Environment Permit Committees respectively.

The provincial and regional Environment Permit Committees shall each have a permanent secretariat.

§3.

The Government of Flanders shall establish more specific rules for the composition and operation of the provincial and regional Environment Permit Committees.


Subsection 3.
Types of licensing procedures


Article 17. Translation not available