LUXEMBOURG Law and Practice Contributed by: Nathalie Prüm-Carré, Inès Goeminne and Georges Gratia, Elvinger Hoss Prussen
• administrative measures and sanctions, such as compliance orders and the suspension or closure of operations in the event of breaches of legal provisions, particularly under legislation relating to classified establishments; • criminal sanctions, particularly for breaches of cer- tain environmental laws, such as the provisions of the Law of 18 July 2018 on the protection of nature and natural resources, as amended (eg, destruc- tion of biotopes); or • a civil action, in particular an action for damages on the basis of the Law of 20 April 2009 on envi- ronmental liability with regard to the prevention and remedying of environmental damage, as amended. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers In general, the Minister for the Environment, Climate and Biodiversity has the power to issue administrative authorisations in the areas in which he is competent to intervene. Depending on the powers conferred on him by environmental laws, the Minister may, for example, take preventative or remedial measures and require analyses or expert reports, order the closure of a site or order work to repair damage to the environment, as set out in waste management legislation. The agencies under the authority of the Minister for the Environment, Climate and Biodiversity, including the Environment Agency and the Water Management Agency, have the capacity of judicial police officers, in accordance with environmental legislation. Their jurisdiction covers the entire territory of the Grand Duchy of Luxembourg. They draw up official reports on breaches and, depending on their powers under national legislation, may carry out inspections such as those relating to waste collection and transport operations. 4.2 Environmental Permits/Approvals In general, authorisation from the Minister for the Envi- ronment, Climate and Biodiversity is required in Lux- embourg in a large number of situations, depending on the contemplated project or activity. For instance, “nature protection” authorisation from the Minister for the Environment must be sought for various interven-
tions in green zones (eg, existing new constructions) or within building zones (eg, destruction of biotopes). Similarly, certain classified establishments, identified in a regulatory nomenclature, cannot be operated until authorised by the Minister for the Environment. In waste management, waste trading and brokering activities are subject to authorisation. To obtain authorisation from the Minister for the Envi- ronment, an application for authorisation must be submitted. Certain environmental laws govern the authorisation procedure. The Luxembourg govern- ment provides the public with authorisation appli- cation forms, which make it easier to compile the authorisation application file. Authorisation generally takes the form of an individual administrative decision, which is governed by the Grand-Ducal Regulation of 8 June 1979 relating to the procedure to be followed by State and local authorities. In certain cases, decisions issued by the Minister for the Environment may be the subject of an informal appeal or an appeal to the relevant courts. 4.3 Regulators’ Approach to Policy and Enforcement In Luxembourg, the authorities are favouring a pre- ventative and integrated approach, with a focus on instruments to improve quality of life for future gen- erations. Pursuant to the Law of 25 June 2004 on the co-ordination of national sustainable development policy, a national plan for sustainable development (PNDD) must be drawn up every four years, based on the national report. This plan sets out Luxembourg’s priority areas for action, with a view to sustainable development at national and international levels. In the 2023–2028 coalition agreement, the Luxem- bourg government has committed itself to a strong legal framework for environmental protection and an ambitious, pragmatic and socially equitable climate and environmental policy. 4.4 Transferring Permits/Approvals In principle, an administrative authorisation is auto- matically transferred to the new purchaser when it relates to a right in rem, in particular for building per-
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