NL: Environmental law and transitional law

 

On 1 January 2024, the Environmental Planning Act with related regulations will enter into force after a long delay. The Environment Act is seen as the largest legislative operation since the Constitutional Revision of 1848. In order to ensure a smooth transition from the current legislation to the new system, transitional legislation has been provided for.

The transitional law regulates the status of decisions taken under the old law at the time the Environmental Act enters into force. The transitional law also regulates how procedures after the entry into force of the Environmental Act must be handled that have started under the old (read: current) law.

Zoning plans become environmental plans

by operation of law One of the most important legal instruments of environmental law is the zoning plan. The zoning plan is not reflected in the Environmental Planning Act and will automatically make way for the environmental plan. One environmental plan will apply per municipality.

In fact, at first it is only in name an environmental plan, which will first consist of the existing zoning plans and municipal ordinances. This is also called the temporary part of the environmental plan. Municipalities are given a transition period to transform their environmental plan into a fully-fledged environmental plan. This period runs until 1 January 2032.

If a draft zoning plan has been made available for inspection before the entry into force of the Environmental Planning Act, the old law will continue to apply until the plan is in force.

The dowry

Under the Environmental Planning Act, a number of rules move from the central government to municipalities and water boards. This is also called the 'dowry'. This concerns the rules from the Activities Decree, the Building Decree and the Environmental Law Decree (Bor). The rules cover, among other things, catering, retail, construction and, for example, emissions of noise, smell and vibration.

The name of this permit will not change under the Environmental Act.

This will continue to be called 'environmental permit'. It is important that permits applied for before 1 January 2023 are handled in accordance with the old (current) law. Anyone who wants the current law to continue to apply during a procedure must therefore ensure that an application is submitted before 1 January 2024.

In general, it is difficult to say whether it is advisable to submit an application before or just after the entry into force of the Environmental Act. A difference with current law is, for example, that obtaining a permit by operation of law is no longer possible if the deadline is exceeded in the regular procedure under Environmental Law. Another difference is that as of 1 January 2024, it is mandatory to indicate when submitting an application for an environmental permit whether third parties are involved in the preparation of the application (participation obligation).

 

For further information, please contact:

Ramon Ridder, Partner

Labré advocaten, Amsterdam

e: ramon.ridder@labre.nl

t: +31 20 3052030

 

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