CHAPTER 6.
Updating the Environment Permit


Section 1.
Updating the conditions imposed in the Environment Permit

Translation not available

Article 82.

The competent authority stated in article 15 can amend or supplement the environmental conditions imposed in the Environment Permit:

officially through a reasoned initiative;
upon reasoned request by:
  a) the competent division of the municipality, the provincial Environment Permit Committee or the regional Environment Permit Committee as a result of an evaluation carried out as stated in article 5.4.11 of the DABM;
  b) [...]
  c) the public concerned;
  d) the supervisor who, in application of Title XVI of the DABM, has been appointed to supervise the classified facility or activity;
  e) the senior official of an advisory body appointed in application of the provisions stated in article 24, subparagraph 1 to deliver an opinion for the classified facility or activity.
  f) the senior official of the Environment Department responsible for the Environment Permit.

 
The request stated in point 2°, e) shall be submitted to the competent authority stated in article 15 within a period of thirty days preceding the month in which the evaluation stated in article 5.4.11 of the DABM would take place.

 

The Environment Permit stated in this article shall be updated in accordance with the provisions of Sections 4 and 5.


Article 82/1.

The competent authority stated in article 15 can amend or supplement the conditions imposed in the Environment Permit  at the reasoned request of the permit holder or the operator.
 
The Environment Permit stated in this article shall be updated in accordance with the provisions of Sections 4 and 5.
 


Section 2.
Updating the subject or duration of the Environment Permit with regard to the operation or classified facility or activity


Article 83.

§1.
The competent authority stated in article 15 can limit the subject or duration of the Environment Permit for the operation of a classified facility or activity:

officially through a reasoned initiative;
upon reasoned request by:
  a) the public concerned;
  b) the senior official of an advisory body appointed in application of the provisions stated in article 24, subparagraph 1 to deliver an opinion for the classified facility or activity.

  

To be admissible, the request or the initiative for an official update stated in subparagraph 1 shall be submitted or taken within a period of thirty days from the day after the first day of publication of the end of each twenty-year period of validity of an Environment Permitof unlimited duration.

 

The publication stated in subparagraph 2 shall take place on the initiative of the competent authority stated in article 15 within a period of six months before the end of each twenty-year period of validity of an Environment Permit of unlimited duration. The twenty-year period of validity shall initially begin on the day after the date on which the current initial Environment Permit was granted or, in the case of conversion of an Environment Permit into a permit of unlimited duration, on the day of the acknowledgement stated in article 390, § 2, and then in each case on the first day following the end date of a new twenty-year period of validity of an Environment Permit of unlimited duration.

 

The Government of Flanders can subject the submission of a request as stated in subparagraph 1 to additional conditions of admissibility.


§2.
In its decision on the request or the initiative for an official update as stated in paragraph 1, the competent authority stated in article 15 can:

amend or supplement the environmental conditions;
limit the subject of the operation of the classified facility or activity insofar as the risks and nuisance cannot be reduced to an acceptable level by means of environmental conditions;
limit the duration of the Environment Permit for the operation of the classified facility or activity insofar as this is incompatible with the spatial purpose. In that case, the remaining duration of the Environment Permit shall not be less than seven years

 
§3.

The Environment Permit stated in this article shall be updated in accordance with the provisions of Sections 4 and 5.

 


Section 3.
Updating the Environment Permit for the parcelling of land


Article 84.

§1.

An unexpired Environment Permit for the parcelling of land can be updated following the definitive establishment of a regional spatial plan provided that this is indicated at the provisional and definitive establishment of the plan, at least on the graphic plan.


In the case stated in subparagraph 1, the administrative body responsible for drawing up the plan pursuant to Title II, Chapter II of the VCRO can require the suspension of the sale or lease for more than nine years and of the establishment of a leasehold or building lease in respect of all or part of the parcelling.


Sections 4 and 5 do not apply to this article.

 


Article 85.

§1.
On the initiative of the bench of Mayor and Aldermen, an unexpired Environment Permit for the parcelling of land can, with regard to the unexpired part, be updated after a period of fifteen years from the issue of this Environment Permit in last administrative instance.

 

The updating of the Environment Permit stated in this article shall take place in accordance with the provisions of the normal licensing procedure, on the understanding that the permit request or the request must be read as the request or the petition to update and the applicant as applicant for or requester of the update.

 

Before the start of the public inquiry, the municipality will inform all owners of a lot by ordinary letter or secured dispatch of the public inquiry and of the provisions of paragraph 2.


Before the start of the public inquiry, the municipality will also announce the public inquiry by means of a regular letter or secured dispatch to all owners of parcels that adjoin the allotments that are the subject of the update, before the start of the public inquiry.
 

§2.

The competent authority shall refuse the update if the owners of more than one quarter of the authorised parcels in the Environment Permit for which the update is requested submitted an admissible and well-founded written or digital objection based on spatial reasons during the public review.

 

This objection shall clearly indicate that it originates with the owner of one or more authorised parcels in the Environment Permit for which the update is requested, otherwise the competent authority shall not take this objection into account for the calculation stated in subparagraph 1.

 

The competent authority ruling on the update can require the suspension of the sale or lease for more than nine years and of the establishment of a leasehold or building lease in respect of all or part of the parcelling.

§3.

[...]


Article 86. Translation not available

Section 4.
Procedure for updating the Environment Permit stated in Sections 1 and 2 in first administrative instance


Subsection 1.
Admissibility and completeness review


Article 87.

§1.
The competent authority stated in article 15, or the municipal, provincial or regional environmental official shall review the admissibility and completeness of the request to update the Environment Permit.

 

For each official initiative and each request for an update stated in article 83, § 1, 1° or 83, § 1, 2°, b), the subject of which is not the individual application of a programme or plan approved by the Government of Flanders to protect people and the environment, as well as for each request stated in article 83, § 1, 2°, a), the Environment Permit Committee shall investigate whether the stated reasons for the update are manifestly unfounded. If, during its investigation, the Environment Permit Committee finds that the official initiative or the request for an update is based solely on reasons that are manifestly unfounded, the update procedure shall be definitively stopped.

§2.
The result of the investigation stated in paragraph 1, subparagraph 1 and, where applicable, the result of the investigation stated in paragraph 1, subparagraph 2, shall be notified by secured consignment to the requester or to the administrative body that took the official initiative within a period of fifty days from the day after the date on which the request was submitted.

On the same day as the notification referred to in subparagraph 1, the operator of the classified facility or activity shall be informed of any request for an update not submitted by himself, as well as any initiative for an official update, insofar as they were not found to be inadmissible, incomplete or, where applicable, manifestly unfounded.

§3.

If the request to update the Environment Permit was not submitted to the competent authority, article 22 shall apply accordingly.


Subsection 2.
Review of the request and the initiative for an official update of the Environment Permit


Article 88.

The request and the initiative for an official update of the Environment Permit shall be reviewed in accordance with the provisions of articles 23 to 27 inclusive and 29.

 

By way of derogation from article 23, no public review shall be organised for an update to a project that only involves a temporary facility.

 

The Environment Permit Committee stated in article 16, § 1 shall deliver an opinion on:

the updating of the environmental conditions imposed in the Environment Permit stated in article 82, in the cases specified by the Government of Flanders;
the updating of the subject and duration of the Environment Permit stated in article 83.

  

The operator is required to send the competent authority stated in article 15, and the advisory bodies that so request, all available data and information necessary to assess the request or official initiative for an update.

 


Subsection 3.
Decision on the request and the initiative for an official update of the Environment Permit


Article 89.

§1.
The competent authority stated in article 15 shall make a decision on the request or the initiative for an official update of the Environment Permit within:

one hundred and five days if the opinion of an Environment Permit Committee is not required;
one hundred and twenty days if the opinion of an Environment Permit Committee is required.

   
§2.
The time limits stated in paragraph 1 shall ipso jure be extended once by sixty days if use is made of the administrative loop stated in article 13.

 

Notice of the period extension shall be sent to the applicant before the end date of the normal time limit for making a decision.

§3.
The time limits stated in paragraph 1 shall begin:

in the case of a request or an official initiative for an updated as stated in articles 82 and 83 not emanating from the operator, the day after the date on which, pursuant to article 87, § 2, subparagraph 2, the operator is informed of the admissible, complete or, where appropriate, not manifestly unfounded request or official initiative;
in the case of a request for an update as stated in article 82 by the permit holder or the operator, the day after the date on which he is informed that his request has been declared admissible and complete or, in the absence of a decision in that regard, the fiftieth day after the date on which the request for an update was submitted.


§4.
If no decision is taken within the specified or, where applicable, the extended time limit, the request or the initiative for an official update of the Environment Permit shall be deemed to have been refused.

 


Section 5.
Procedure for updating the Environment Permit stated in Sections 1 and 2 in the last administrative instance


Article 90.

§1.
An appeal can be lodged against the express or tacit decision on a request or official initiative to update the Environment Permit with:

the deputation if the bench of Mayor and Aldermen was the competent authority in the first administrative instance;
the Government of Flanders if the deputation was the competent authority in the first administrative instance.

  
The appeal shall suspend the decision.

§2.
The provisions of Chapter 3 shall apply accordingly to the lodging and processing of and the decision regarding the appeal.

If no decision is made within the specified or, where applicable, the extended time limit as stated in article 66, § 2, 2°, the appeal shall be deemed to have been dismissed and the contested decision shall be regarded as definitive.
 
Article 64 and article 66, § 2/1 shall not apply accordingly.

 


Section 6.
Determination of delegation


Article 91.

The Government of Flanders can establish further rules for the updating of the Environment Permit stated in this Chapter.