Section 2.
?In rem? nature

Article 78.

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.

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.