For the operation of a classified facility or activity of a project for which no urban development action necessitating a permit is required, the competent authority can grant a trial Environment Permit for a minimum of six months and a maximum of two years to determine whether, after the trial period, the operation is still acceptable for people and the environment.
The licensing authority shall make a decision on the further operation of the classified facility or activity before the end of the trial period.
If the competent authority stated in article 15 does not make a decision before the end of the trial period, the Environment Permit shall be deemed to have been refused.
If the competent authority stated in article 52 does not make a decision before the end of the trial period of a trial Environment Permit granted by it, the contested decision from the first administrative instance shall be regarded as definitive.
§3. The Government of Flanders shall establish the procedure for the ruling after the trial period.
The renewal of an Environment Permit or part thereof that was granted for a limited term can be applied for at the earliest 24 months before the end date of the Environment Permit.
If the permit request is submitted at least twelve months before the end date of a fixed-term Environment Permit, the urban development action may be maintained or the classified facility or activity may continue to be operated after the end date while awaiting a definitive decision on the application.
The operation takes place in compliance with the general and sectoral environmental conditions and the special environmental conditions from the permit that were applicable until then.
By way of derogation from paragraph 1, an Environment Permit for further operation can be applied for earlier than 24 months before the end date of the Environment Permit if:
|1°||a takeover of the licensed classified facility or activity by another operator is planned;|
|2°||the operator intends making a significant change to the licensed classified facility. In that case, the permit application relates to both those parts of the facility or activity that remain in operation and to the planned change.|
§3. For a temporary facility or activity as stated in article 5.1.1, 11° of the DABM, the competent authority can extend the Environment Permit just once for up to the same duration as that of the initial Environment Permit.
§4. The Government of Flanders shall lay down more specific rules for the renewal of the fixed-term Environment Permit.