CHAPTER 10.
Notifications


Section 1.
General provisions


Article 106.

A notification can only be made for notifiable urban development activities, a notifiable operation of classified establishments or activities that the project comprises or a combination of these.


Article 107.

The Board of the Mayor and Aldermen or its environmental officer is authorised to record the notifiable activities and the notifiable operation or the refusal thereof.

Without prejudice to article 5.2.1 of the DABM, the Environment Permit shall count as acknowledgement for that part of the project that is subject to notification if a ruling is given simultaneously on the permit application and the notification.
If the permit is refused, the notification shall not be given any further consideration.


Article 108.

The Government of Flanders shall establish further rules for the manner of notification, the procedure and acknowledgement stated in Sections 2 and 3 of this Chapter.


Section 2.
Notification procedure


Article 109.

The notification shall be submitted to the competent authority stated in article 107 by secured consignment.


Article 110.

The notification shall be submitted to the competent authority stated in article 107 by secured consignment.The operator of a classified facility or activity that has become subject to notification through the expansion or amendment of the classification list shall inform the competent authority stated in article 107 of the existence of the operation within a period of six months from the day after the date on which this expansion or amendment takes effect.

By way of derogation from article 112, operation may be continued.


Article 111.

The competent authority stated in article 107 shall examine whether the notified actions or operation are subject to notification or are not prohibited under or by virtue of:

1 Article 5.4.3, 3 of the DABM;
2 Article 4.2.2, 1 and Article 4.2.4 of the VCRO.

The competent authority stated in article 107 shall take a definitive decision on the permit request within a period of:

1 twenty days if the notification relates purely to the operation of a classified establishment or activity of the third class;
2 thirty days in all other cases.

This authority informs the person who made the report within the same period. The periods stated in the second paragraph commence on the day after the date of the notification.

If no decision has been taken and notified to the person who made the notification within the period stated in the second paragraph, the notification is deemed to have been acted upon.


Article 112.

The project may be carried out or exploited the day after the date of service of the notification deed or the day after the expiry of the decision period if the notification is deemed to have been acted upon.

The lapse regulation stated in Articles 99 and 101 applies mutatis mutandis to the notification deed.


Section 3.
Characteristics of the notification


Article 113.

1.
The competent authority stated in article 107 can impose conditions in the notification document, including special environmental conditions.

The competent authority stated in article 107 can also impose special environmental conditions on the operation of a classified facility or activity during operation. In that case, the competent authority shall send its decision in that regard by secured consignment to the person who made the notification.

2.
The conditions may not disproportionately limit or prohibit the notification.

The special environmental conditions shall be imposed with a view to protecting people and the environment against the consequences of the operation. The special environmental conditions cannot include any emission limit values and cannot derogate from the best available techniques as described in the general and sectoral environmental conditions stated in Title V, Chapter 4 of the DABM.