The Government of Flanders or the regional environmental officer is competent in final administrative instance for appeals against express or tacit decisions of the deputation in first administrative instance.
The Government of Flanders shall determine in what cases the regional environmental official can make a decision regarding the appeal.
For its jurisdiction, the deputation is competent in the last administrative instance for appeals against express or tacit decisions of the bench of Mayor and Aldermen in the first administrative instance.
The appeal can be lodged by:
|1°||the permit applicant, the permit holder or the operator;|
|2°||the public concerned;|
|3°||the senior official of the advisory bodies or, in his absence, his authorised representative if the advisory body has given a timely opinion or if it was incorrectly not asked for an opinion;|
|4°||the bench of Mayor and Aldermen if it has given a timely opinion or if it was incorrectly not asked for an opinion;|
|6°||the senior official of the Environment Department or, in his absence, his authorised representative;|
|7°||the senior official of the Agency for Innovation and Entrepreneurship or, in his absence, his authorised representative, if the project involves retail activities requiring a permit.|
|8°||the senior official of the agency, responsible for nature and forest, or, in his absence, his authorised representative if the project involves changes to the vegetation requiring a permit.|
[... annulled by judgment of the Constitutional Court 46/2019 of 14 March 2019].
To be admissible, the appeal shall be lodged within a period of thirty days beginning:
|1°||the day after the date on which the contested decision is served for those persons or bodies on whom/which the decision is served;|
|2°||the day after the end of the period for making a decision if the Environment Permit is tacitly refused in the first administrative instance;|
|3°||the day after the first day of promulgation of the contested decision in all other cases.|
The appeal shall suspend the execution of the contested decision until the day after the service date of the decision in the last administrative instance.
By way of derogation from subparagraph 1, the appeal shall not have a suspensive effect with respect to:
|1°||the permit for the further operation of a classified facility or activity for which a permit application was submitted at least twelve months before the end date of the Environment Permit;|
|2°||the permit for operation after a trial period as stated in article 69;|
|3°||the permit for the operation of a classified facility or activity that has become subject to a permit through the expansion or amendment of the classification list.|