Subsection 3.
Decision on a permit application


Article 46.

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

The period always starts on the day after the date on which the permit application is declared admissible and complete or, in the absence of a decision on this, the thirtieth day after the date on which the application was submitted or after receipt of the missing data or documents.

2.
If no decision is taken within the specified time limit, the Environment Permit shall be deemed to have been refused.

3.
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 a reported archaeology memorandum was added to the request, but make a decision if the archaeological memorandum duly noted has been provided. If no duly noted archaeological memorandum has been submitted before the expiry of the term stated in paragraph 1, the Environment Permit must be refused.


Article 47.

The decision stated in article 46 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 48.

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 49.

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:

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


Article 50.

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