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.