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:

1 the updating of the environmental conditions imposed in the Environment Permit stated in article 82, in the cases specified by the Government of Flanders;
2 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:

1 one hundred and five days if the opinion of an Environment Permit Committee is not required;
2 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:

1 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;
2 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.