CHAPTER 5.
Characteristics of the Environment Permit


Section 1.
Conditions and charges associated with the Environment Permit


Subsection 1.
Conditions


Article 71.

Without prejudice to the application of the automatic condition within the meaning of article 90bis of the Forest Decree of 13 June 1990, the competent authority can attach conditions to the execution of an urban development action or the parcelling of land.

The competent authority will fully include the conditions imposed by the municipal council when deciding on the construction, modification, relocation or discontinuation of the municipal road, stated in Article 31, in the permit.


Article 72.

Without prejudice to the application of the general and sectoral environmental conditions, obligations and the application rules thereof, determined under or by virtue of the DABM, the competent authority can make the operation of the classified facility or activity dependent on compliance with special environmental conditions.


Article 73.

1.
The special environmental conditions stated in article 72 contain the additional measures required to protect people and the environment against unacceptable risks and nuisance caused by the operation.

The special environmental conditions can consist, inter alia, of an obligation:

1 to carry out a study or provide monitoring for the purpose of checking the application of the special environmental conditions;
2 to conclude, at the expense of the operator, a remediation contract as stated in article 32septies, 4 and 5 of the Law of 26 March 1971 on protecting surface waters against pollution. The conclusion of the remediation contract can be accomplished by the operator, namely by initiating the procedure himself. The Government of Flanders shall establish more specific rules for this.


2.
If best available techniques are available, they shall form the reference for establishing the special environmental conditions.

By way of derogation from subparagraph 1, the competent authority can establish stricter special environmental conditions than those that can be achieved by using the best available techniques according to the criteria determined by the Government of Flanders. The Government of Flanders shall determine the way in which the best available techniques are established.


Article 73/1.

The competent authority may attach conditions to the performance of retail trade activities.


Article 73/2.

The competent authority may attach conditions to the implementation of the modification of its vegetation.


Article 74.

All conditions shall be sufficiently precise and reasonable in proportion to the licensed project.

They can be realised by the applicant, client, user or operator.


Subsection 2.
Charges


Article 75. Translation not available

Article 76.

The charges shall be reasonable in proportion to the licensed project. They can be realised by the applicant.

The competent authority can prescribe a phased execution of the charges.


Article 77.

If a charge as stated in article 75 has not been executed within the designated time limit and is not, or is inadequately, covered by a financial guarantee, the creditor of the charge can serve the debtor of the charge by secured consignment with an administrative enforcement decision. The decision shall specify that the administrative enforcement shall be applied at the expense of the debtor of the charge. The decision shall stipulate a time limit within which the debtor of the charge can avoid enforcement by executing the charge. If the charges are not executed in time, the creditor of the charge can officially provide for execution of the charges. The debtor of the charge is required to reimburse all execution costs, on presentation of a statement drawn up by the creditor of the charge.


Section 2.
?In rem? nature


Article 78.

1.
The Environment Permit is of an “in rem” nature. It shall be granted subject to the civil rights that relate to the property.

Decisions taken under this Decree shall not violate third-party civil rights.

2.
By way of derogation from paragraph 1, an Environment Permit for the parcelling of land shall waive easements established by people and obligations established by agreement relating to the use of the land insofar as they are incompatible with the Environment Permit and are expressly stated in the permit application.

The issue of the Environment Permit shall in no way prevent the beneficiaries of the easements or obligations from possibly exercising a right to compensation against the applicant.


Article 79.

An Environment Permit that does not relate to the operation of a classified facility or activity that requires a permit can be transferred without any special formalities.

If the Environment Permit relates to an operation requiring a permit for a classified establishment or activity, the transfer must be reported in advance to the authority responsible for the project for the transfer. The Government of Flanders shall determine the content of the transfer form, the time limit within which and the way in which the transfer must be notified.

As a result of the notification stated in subparagraph 2, the licensing decision shall be adapted by the competent authority [...] in accordance with the rules established by the Government of Flanders.

[...]

If charges are attached to an Environment Permit, the transferor shall remain obligated vis--vis the competent authority, unless the latter has agreed to the substitution of its debtor.


Section 3.
Phasing


Article 80.

An Environment Permit can state the different phases or components of a project and can also establish the various reference times.


Section 4.
Regularisation permits


Article 81.

1.
A regularisation permit is an Environment Permit issued during or after the execution of projects subject to a permit as stated in article 5, 1.

Current rules, including urban development requirements, any parcelling requirements and general and sectoral environmental requirements, shall be used as a basis for assessing the application.

2.

An application for regularisation shall include a copy of any official reports, administrative decisions and judicial decisions relating to the project that are brought to the attention of the applicant.

3.
A failure to prosecute an infringement by the authority shall not per se warrant regularisation.

The sanctioning of an infringement shall not preclude regularisation.

4.
The regularisation permit shall be issued with due regard for the customary assessment criteria and in accordance with the normal licensing procedure.

The conditions and charges stated in articles 71 to 77 inclusive can be attached to the permit.