Subsection 1.
Admissibility and completeness review


Article 37.

The permit application shall be submitted to the competent authority stated in article 15 by secured dispatch.

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The Government of Flanders shall determine the content of the permit request.


Article 38.

The competent authority, stated in Article 15, or the municipal, provincial or regional environmental officer examines the permit request for its admissibility and completeness.

If the permit application is incomplete, the competent authority, the municipal, provincial or regional environmental officer or the person authorised by him can ask the permit applicant to add the missing data or documents to the application by secure dispatch and specify the term within which this must be done.


Article 39.

If, in application of Article 4.3.3, 2, of the DABM, a project EIA screening note is enclosed with the permit request, the competent authority, stated in Article 15, will investigate whether the municipal, provincial or regional environmental officer takes that note and decides whether an environmental impact statement must be drawn up on the project.

If the application is submitted by the competent authority itself, the municipal, provincial or regional environmental officer will perform the tasks referred to in the first paragraph.


Article 40.

The result of the review stated in articles 38 and 39 shall be notified to the applicant by secured consignment within thirty days of the day after the date on which the permit application was submitted or following receipt of the missing information or documents.

The decision that an environmental impact assessment has to be conducted for the project shall ipso jure imply the incompleteness of the permit application and lead to the stoppage of the licensing procedure.


If the result of the review stated in article 39 has not been sent to the party that submitted the permit application within the time limit stated in subparagraph 1, the competent licensing authority shall, within ninety days of the day after the date on which the permit application was submitted or following receipt of the missing information or documents, expressly rule on whether an environmental impact assessment needs to be conducted. If it decides that an environmental impact assessment needs to be conducted, it shall declare the permit application incomplete and without object and stop the procedure.

An administrative appeal as stated in Chapter 3 cannot be lodged against a decision that an environmental impact assessment needs to be conducted, the permit application is incomplete and without object and against the stoppage of the procedure.

If the competent authority stated in article 15 or the municipal, provincial or regional environmental officer decides that an environmental impact assessment of the project must be conducted, the applicant can submit a reasoned request to have the reporting requirement lifted to the division responsible for environmental impact assessments in accordance with the procedure stated in article 4.3.3, 3 to 9 inclusive of the DABM. The decision of the division competent for environmental impact assessment, stated in Article 4.3.3, 6, of the same decree, is binding on the competent authority, stated in Article 15, or the municipal, provincial or regional environmental officer.


Article 41.

If the authority to which the permit application was submitted establishes that it is not responsible for the application, it shall send this application immediately to the competent authority stated in article 15. At the same time, the authority to which the permit application was submitted shall inform the applicant that the application has been forwarded. The competent authority stated in article 15 shall then process the permit application.

For the purposes of this Decree, the date on which the authority forwards the permit application to the competent authority shall count as the date on which the application was submitted.