CHAPTER 7.
Suspension or cancellation of the Environment Permit


Section 1.
Suspension or cancellation of the Environment Permit for the operation of the classified facility or activity


Article 92.

The competent authority stated in article 15 can suspend or cancel all or part of the Environment Permit for the operation of a classified facility or activity if the general, sectoral or special environmental conditions are not met.
 
The permit holder or operator shall be informed by secured consignment of the initiative to suspend or cancel the Environment Permit. The permit holder or operator shall be heard at his request.

 


Article 93.

Unless the decision to suspend or cancel the Environment Permit  was taken by the Government of Flanders, the permit holder or operator can lodge an appeal against this decision with the Government of Flanders.
 
The appeal shall suspend the decision.
 
The Government of Flanders shall take a decision on the appeal within a period of one hundred and twenty days beginning either on the day after the date on which the permit holder or operator was informed that his appeal is admissible and complete or, in the absence of a decision in that regard, the thirtieth day after the date on which the appeal was lodged.

If no decision is taken within the time limit specified in subparagraph 3, the appeal shall be deemed to have been allowed and the contested decision shall lapse.

 


Article 94.

If the competent authority stated in article 15 does not intervene, either fully or partly, the Government of Flanders can, by reasoned decision, at any time and irrespective of the classification category, wholly or partially suspend or cancel the Environment Permit for the operation of a classified facility or activity.


Article 95.

If the competent authority wholly or partially suspends or cancels the omgevingsvergunning for the operation of a classified facility or activity, it can also wholly or partially suspend or cancel the Environment Permit for the urban development action that is inextricably linked with such operation. If an existing construction is involved, the latter shall only be possible if this construction is not structurally suited to the same or a new function.


Article 96.

If no appeal is lodged against a suspension or cancellation as stated in article 92, or if it was confirmed in the last administrative instance, Title XVI of the DABM shall be applied.If no appeal is lodged against a suspension or cancellation as stated in article 92, or if it was confirmed in the last administrative instance, Title XVI of the DABM shall be applied.


Section 2.
Cancellation of the Environment Permit for the parcelling of land


Article 97.

An Environment Permit for the parcelling of land can be wholly or partially cancelled in the cases and under the same conditions and procedural provisions stated in articles 84 and 85. In the case stated in subparagraph 1, the suspension can be required of the sale or lease for more than nine years and of the establishment of a leasehold or building lease in respect of all or part of the parcelling.


Section 3.
Determination of delegation


Article 98.

The Government of Flanders can establish further rules for the suspension or cancellation of the Environment Permit stated in Sections 1 and 2 of this Chapter.