Article 105.

1.

The following decisions can be contested at the Council for Permit Disputes, stated in Title IV, Chapter VIII, of the Flemish Spatial Planning Code:

1 the explicit or tacit decision regarding an Environment Permit request, taken in last administrative instance;
2 the decision on a request or initiative to impose, amend or supplement the conditions in last administrative instance;
3 the decision on an application for deviation from the general and sectoral environmental conditions;
4 the explicit or tacit decision regarding a report, stated in Article 111 of this Decree.

2.

The appeal can be lodged by:

1 the permit applicant, the permit holder, the operator or the person who made the notification;
2 the public concerned;
3 the senior official of the advisory bodies stated in article 24 or article 42 or, in his absence, his authorised representative if this body has given a timely opinion or if it was incorrectly not asked for an opinion;
4 the board of Mayor and Aldermen if it has given a timely opinion or if it was incorrectly not asked for an opinion;
5 [...]
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.

The person who can be reproached for not having challenged a decision that was disadvantageous to him by means of the organised administrative appeal open for that purpose with the competent authority stated in article 52 shall be deemed to have waived his right to appeal to the Council for Permit Disputes.

[... annulled by judgment 46/2019 of the Constitutional Court of 14 March 2019].

The competent authority, referred to in Article 15, which has failed to make an explicit decision at first administrative instance, is deemed to have waived its right to apply to the Council for Permit Disputes, except in cases of force majeure.

3.

To be admissible, the appeal shall be lodged within a limitation period of forty-five days beginning:

1 the day after the service date for those persons or bodies on whom/which the decision is served;
2 the day after the first day of promulgation of the decision in all other cases.

4.

Each of the persons stated in paragraph 2, subparagraph 1 can intervene in the matter.