Environmental permits

Environmental permits

Environmental law encompasses all legislation and regulations relating to the environment. This legislation and regulation aims to protect the quality of air, water, and the landscape. Additionally, the rules aim to prevent pollution. The regulation of environmental law takes place through environmental programs, environmental plans, environmental quality requirements, and permits. Since 2020, the environmental permit has been incorporated into the overarching environmental permit, and the system of the Environmental Law (General Provisions) Act (Wabo) applies.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of environmental permits. Contact us to discuss the possibilities.

From Wabo to Environment and Planning Act: the new permit system

The Environment and Planning Act (Omgevingswet) entered into force on January 1, 2024. Consequently, the Environmental Law (General Provisions) Act (Wabo), the Environmental Management Act (Wet milieubeheer) (largely), and a large number of other laws in the field of the physical living environment have been repealed. The “environmental permit” as it existed under the old legislation has been incorporated into the environmental permit for an environmentally harmful activity. The rules for businesses are henceforth contained in the Activities in the Living Environment Decree (Bal). The prohibition on carrying out an environmentally harmful activity without a permit is set out in Article 5.1, paragraph 2 of the Environment and Planning Act. For those still working with an old environmental permit or a notification under the Activities Decree (Dactiviteitenbesluit), this is a fundamental change: old permits remain valid through transitional law, but the assessment frameworks and enforcement possibilities are new. Would you like to know the broader context? Then read our page on environmental permits and environmental law.

From facility to environmentally harmful activity (EIA)

The most significant substantive change is that the term “establishment” has been replaced by the environmentally harmful activity. Under the old law, the determining factor was whether there was a commercial activity of a certain size, duration, and location. Under the Environment and Planning Act, this is no longer the guiding principle: an environmentally harmful activity is any activity that can cause adverse effects on the environment. This means that standalone activities, or activities outside a traditional business location, can also fall under the system. This has implications for SMEs: a contractor, a car dealership, a livestock farm, or an industrial manufacturer may face different rules than before. We assess for you whether your activity requires a permit, falls under general rules, or is subject to notification — from the baker on the corner to the international corporation.

Permit requirement, general rules, or notification?

Not every environmentally harmful activity requires a permit. The Activities in the Living Environment Decree (Bal) specifies which regime applies per type of activity. There are roughly three situations:

• Permit requirement: for designated activities, an environmental permit is required pursuant to Article 5.1, paragraph 2 of the Environment and Planning Act in conjunction with the Environmental Permit Decree. Without a permit, the activity is prohibited.
• General national rules: many activities are directly permitted under the general rules of the Bal, without a prior permit.
• Notification and information obligations: for certain activities, no permit is required, but you must submit a notification or provide information to the competent authority no later than four weeks before commencement.

In addition, a general duty of care applies pursuant to Article 2.11 of the Environmental Management Act: even without a permit, you must prevent or limit adverse effects on the environment as much as possible. Our lawyers and in-house counsel will determine which regime applies to your situation and what this means for you in practice.

The application procedure and the competent authority

You submit an application for an environmental permit or a notification digitally via the Omgevingsloket. Who the competent authority is depends on the type of activity: often this is the municipality, but for heavier industrial or complex activities, the province may be the competent authority. In practice, the substantive assessment is usually carried out by the regional environmental service. For most applications, the regular preparation procedure applies, with a decision period of eight weeks, which can be extended once by six weeks. For complex or environmentally sensitive applications, the extensive procedure applies, whereby a draft decision is made available for public inspection and the decision period is usually 26 weeks. We guide the entire application process, coordinate with the competent authority, and monitor the deadlines.

Objection, appeal, and enforcement within administrative law

A decision regarding an environmental permit is a decision within the meaning of the General Administrative Law Act (Awb). Consequently, the usual remedies for administrative legal protection are available to you. Against a decision reached through the regular procedure, you may lodge an objection within six weeks (Article 6:7 Awb), followed by an appeal to the District Court and a further appeal to the Administrative Jurisdiction Division of the Council of State. Under the extended procedure, you may first submit a view against the draft decision and subsequently lodge an appeal directly. If your company is faced with enforcement — for example, an order subject to a penalty payment or an order subject to administrative coercion for carrying out an environmentally harmful activity without a permit — we will assist you in the proceedings. See also our page on enforcement decisions.

Environmental permits under our administrative law

Licensing, enforcement, and legal protection regarding environmental permits constitute a specialty within Administrative Law. Our mixed teams of lawyers and in-house counsel are familiar with both the administrative rules of the General Administrative Law Act (Awb) and the substantive frameworks of the Environment and Planning Act (Omgevingswet) and the Environmental Permit Decree (Bal). Whether you are the baker on the corner who needs to submit a notification, or an international group going through an extensive permit procedure: we advise on the permit requirement, guide the application, consult with the competent authority, and litigate in objections and appeals where necessary. Please feel free to contact us to discuss the possibilities for your situation.