NETHERLANDS Law and Practice Contributed by: Guido Koop, Jan de Heer and Nanne Kusters, Loyens & Loeff
Loyens & Loeff PO Box 71170 1008 BD Amsterdam Parnassusweg 300 1081 LC Amsterdam The Netherlands Tel: +31 20 578 57 85 Fax: +31 20 578 58 00 Email: info@loyensloeff.com Web: www.loyensloeff.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws As a small and densely populated country and a member of the European Union, the Netherlands has a comprehensive and well-established regulatory framework governing environmental protection. The Environment and Planning Act ( Omgevingswet – EPA) has entered into force in 2024, ushering in a new era in Dutch environmental law. The EPA is intended to (gradually) replace the currently applicable environ- mental law framework, with the aim of creating one integrated framework. The EPA has, as of 1 January 2024, replaced most of the Dutch environmental regulatory framework, with an exception being that part of the Environmental Management Act ( Wet milieubeheer – EMA) will remain in effect. The EPA contains generally applicable regu- lations and minimum standards for a large variety of environmental aspects, such as air pollution, noise hindrance, emission rights and waste management, as well as a more procedural framework in respect of the issuing of permits and/or other public law con- sents. In addition, the EPA serves as a statutory basis for several lower environmental decrees and regula- tions, including the Environmental Activities Decree ( Besluit activiteiten leefomgeving ). The Environmental Activities Decree stipulates general rules with regard to environmentally sensitive activi-
ties ( milieubelastende activiteiten ), covering virtually all relevant environmental aspects (eg, noise limits, air emission standards and odour limits). General rules under the Environmental Activities Decree apply to all businesses performing certain activities. Under the Environmental Activities Decree, a per- mitting regime applies to environmentally harmful activities with a more substantial impact. If granted, an environmental permit will include a set of compa- ny-specific regulations that will apply in addition to the general rules applicable under the Environmen- tal Activities Decree. Generally speaking, companies requiring a permit for their operations should comply with the best available techniques stipulated in the European Best Available Techniques reference docu- ments (BREFS). For less environmentally sensitive activities, a notifica- tion obligation may apply, and customised provisions could be imposed in addition to the aforementioned general regulations on a case-by-case basis. Other lower decrees of note include: • the Environment and Planning Decree ( Omgevings- besluit ), which contains procedural rules and rules about general topics on protecting and using the physical environment; • the Environmental Quality Decree ( Besluit kwaliteit leefomgeving ), which contains rules on the quality of the physical environment and the performance of tasks and authorities; and
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