Subsection 3.
Decision on a permit application


Article 32.

§1.
The competent authority stated in article 15 shall take a decision on a permit request within a period of:

one hundred and five days if the opinion of an Environment Permit Committee is not required;
one hundred and twenty days if the opinion of an Environment Permit Committee is required.

  
§2.
The time limits stated in paragraph 1 shall be extended ipso jure by sixty days in the following cases:

if a public review is organised in application of article 30, subparagraph 3;
if use is made of the administrative loop stated in article 13;
if the permit application includes the construction, modification, relocation or closure of a municipal road over which the municipal council has decision-making power.

 

Notice of the period extension shall be sent to the applicant before the end date of the normal time limit for making a decision.


§3. The time limits stated in paragraph 1 shall always begin on the day after the date on which the permit request is declared admissible and complete or, in the absence of a decision in that regard, the thirtieth day after the date on which the application was submitted or after receipt of the missing data or documents.

§4.
If no decision is taken within the specified or, where applicable, the extended time limit, the Environment Permit shall be deemed to have been refused.

 

By way of derogation from subparagraph 1, the time limits stated in paragraph 1 shall be regarded as indicative time limits if the permit application is the result of a change or extension to the classification list as a consequence of which an environmental impact assessment or a regional safety report must be conducted or an appropriate assessment must be carried out. Where applicable, operation may be continued until a definitive decision is taken regarding the permit application.

 

§5.
The competent authority can make a decision on a permit request as stated in articles 5.4.1 and 5.4.2 of the Immovable Heritage Decree of 12 July 2013, whereby an archaeology memorandum submitted for ratification was added to the application, but makes a decision once the validated archaeology memorandum has been delivered. If no validated archaeology memorandum has been submitted before the expiry of the term stated in paragraphs 1 to 3, the Environment Permit must be refused.
 
§6.
A permit for applications with the construction, modification, relocation or closure of a municipal road can only be granted after approval of the construction, modification, relocation or cancellation of the municipal road by the municipal council in accordance with Article 31.
 
If the municipal council has not approved the construction, change, relocation or cancellation, the Environment Permit will be refused.
 
§7.
If the competent authority, stated in Article 15, is unable to take a decision within the set or, where appropriate, extended period because the municipal council has not taken a decision on the construction, modification, relocation or closure of the municipal road, the municipality shall owe the applicant a non-recurring compensation of 5,000 Eeuros.
 
Within ninety days after the expiry of the period stated in the first paragraph, the licence applicant requests payment of the one-off fee from the municipality with a secured dispatch. In this regard he shall refer to the case and to his IBAN and BIC data. The municipality pays the one-off fee to the applicant without further formalities.
 
If the licence applicant does not request payment of the one-off fee within the period of ninety days stated in the second paragraph, the applicant is deemed to have waived his right to the one-off fee.
 


Article 33.

The decision stated in article 32 shall indicate the charges and conditions, including the special environmental conditions, which apply to the project. For general and sectoral environmental conditions, a reference to the rules in question shall suffice.

 

If the Environment Permit is granted for a limited term, the decision shall state the duration of the permit and the reason for this.

 

If an Environment Permit relates to a change in the operation of a classified facility or activity of a project, the decision shall show the updated permit situation in relation to the operation of the classified facilities or activities. Special environmental conditions that cease to be of effect as a result of their temporary nature, a changed operation or any statutory or regulatory provision shall not be stated in the updated permit situation. The Government of Flanders can establish more specific rules in this regard.

 


Article 34.

Without prejudice to article 5.2.1, § 3 and § 4 of the DABM, the acknowledgement of the notification in the decision shall be deemed to be without object if, under or by virtue of the decrees stated in article 5, a project is subject to both the notification and licensing requirements and the Environment Permit is expressly or tacitly refused.


Article 35.

An Environment Permit may be used if the applicant is not notified of the lodging of a suspensive administrative appeal as stated in article 52 within thirty-five days of the first day of promulgation.

The applicant may make immediate use of the Environment Permit:

in the cases mentioned in article 55, subparagraph 2;
if the Government of Flanders or the regional environmental official has granted the Environment Permit.

 

 


Article 36.

The Government of Flanders shall establish more specific rules for the normal licensing procedure, including publication of the decision.