NETHERLANDS Law and Practice Contributed by: Guido Koop, Jan de Heer and Nanne Kusters, Loyens & Loeff
• the Environmental Buildings Decree ( Besluit bouw - werken leefomgeving ), which contains rules on technical aspects of buildings and structures. Since the Administrative Jurisdiction Division of the Council of State annulled the so-called Programmatic Approach to Nitrogen ( Programmatische Aanpak Stik- stof – PAS) in 2019, nitrogen deposition onto Natura 2000 areas has become an increasingly important aspect of the Dutch permit-granting process. Initiators are now once more required to establish upfront that a project does not have significant negative effects for Natura 2000 areas. If this cannot be demonstrated based on nitrogen deposition calculations, a nature permit requirement will apply. Such permit might be very difficult to obtain given the high levels of nitrogen deposition affecting Dutch Natura 2000 areas in the Netherlands. In the Netherlands, environmental policy and enforce- ment are applied on both local and national levels. Local governments such as municipalities, provinces and water authorities grant permits and enforce them for environmental topics such as odour, noise, envi- ronment (municipalities), nature, large facilities, and soil (provinces) and water management and quality (water authorities). Regional environmental agencies ( omgevingsdiensten ) are often instructed to carry out supervisory and enforcement-related tasks on behalf of these authorities. Furthermore, competent authorities are appointed on a national level with respect to certain topics. The key regulatory authorities in that respect are as follows. • The Living Environment and Transportation Inspec- torate ( Inspectie Leefomgeving en Transport – ILT) has a supervisory role in the field of transport, waste and chemicals. It is competent to decide on permits for high-risk water discharges, and to receive notifications of the transport of waste on the basis of the European Waste Shipment Regula- tion. 2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
• The Dutch Emissions Authority ( Nederlandse Emis- sie Autoriteit – NEA) has a supervisory role in the context of the climate and the reduction of CO₂. It is competent to grant emission permits and to supervise the EU emissions trading scheme and renewable fuel regulations. • Other national supervisory authorities are also active on specific topics, such as occu- pational safety (the Netherlands Labour Authority/ Nederlandse Arbeidsinspectie – NLA), mining (State Supervision of Mines/ Staatstoezicht op de Mijnen – SodM), radiation (the Nuclear Safety and Radiation Authority/ Autoriteit Nucleaire Veiligheid en Stralingsbescherming ), and pesticides and biocides (the Food and Consumer Product Safety Authority/ Nederlandse Voedsel- en Ware- nautoriteit – NVWA). All national supervisory authorities operate under the name and instruction of the competent ministry. 2.2 Co-Operation Co-operation between administrative bodies is a cen- tral aspect of legislative changes introduced under the EPA. Before making a decision, an administrative body has to take into account the duties and pow- ers of other administrative bodies and, if necessary, co-ordinate with them, with the aim of providing a “one-stop shop” as much as possible. Further rules on the co-operation of different administrative bod- ies are contained in the Environmental and Planning Regulation ( Omgevingsregeling ), which includes rules on exchanging information. 3. Environmental Protections 3.1 Protection of Environmental Assets The EPA caters for the protection of all environmental assets in the Netherlands in a single Act. The EPA contains a general duty of care pursuant to which both administrative bodies and residents in the Netherlands bear responsibility for a safe and healthy physical environment. Specific rules apply under the EPA for nearly all envi- ronmental assets. For instance, the EPA contains a comprehensive framework for all activities that may
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