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Regulatory Intelligence |
Issue #5 2008 |
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More Flexible Standards Put End to Stalemate, Leaves Room for Interpretation.
On November 15, 2007, new regulation concerning air quality became effective. The new Air Quality Act opens the door for projects that were stalled because they initially did not comply with EU air quality guidelines.
Challenge
The EU guidelines and the Dutch 2001 Air Quality Resolution that followed, left many developers to postpone their projects. The tough regulations dictated by the 2001 Resolution were interpreted in such a strict matter that many development and infrastructure projects, zoning plans and permit processes were postponed. Projects that would contribute more than 1 percent to the air pollution in a specific area, were banned.
To break out of this deadlock that halted economic development, the responsible Minister introduced a new Air Quality Resolution in 2005. This resolution allowed for a more lenient approach and new economic development, even on locations where the air quality standards are being passed. This is allowed as long as the developer can prove the project in question will not influence the local air quality negatively. The new Air Quality Act that was passed in November further pursues the goals of the 2005 resolution and offers additional possibilities for projects that, strictly speaking, surpass EU standards.
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The new air quality act: leaving quite a bit to the imagination.
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The new law introduces the term 'in a significant matter'. When a developer can prove that the pollution of a project contributes below that 'significant matter' to the existing situation, the project can continue. But what is 'significant'? There has been strong criticism by various authorities and social and environmental organizations concerning this not very objective term. It is expected that a contribution of less than 3 percent will be deemed acceptable. One thing is clear: the new Air Quality Act leaves quite a lot to the imagination of developers and –local– authorities. The room for interpretation offers possibilities, but also risks. Therefore, thorough research will be an important component of every development plan that can influence air quality. ARCADIS offers all necessary services concerning air quality research and assists clients in the planning and execution of development plans. Please consult with your Account Manager, who can advise you on the best strategy with no surprises. |
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For more information, contact Alexander Pruijssers:
a.pruijssers@arcadis.nl
+31 (0)26 3778 911
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Nine Existing Acts Rolled into One
Less regulations, an easier permit application process and better alignment with European regulations. In a nutshell, that's what the new Dutch Water Act aims to accomplish. The new act is expected to become law in January 2009.
In the eighties, integrated water protection came into focus in The Netherlands. Step by step, water was seen more as one system, in which flooding, shortages, quality and water's different social and economical functions were integrated. At the beginning of 2009, a new Clean Water Act is expected to become operative that will combine all nine acts that currently cover water quality and quantity. The integrated approach can, amongst other aspects, be seen in the structure of the act, which is divided into practical chapters such as Standards, Management, Plans and Permits instead of chapters focusing on themes such as surface water and groundwater.
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Under the new law, one single water permit will be granted for all water systems operations, instead of the current six.
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The new act is, among other things, an answer to the European Water Framework Directive. All EU countries develop their own acts to meet the standards set by the Directive. By means of the Directive, the EU provides for the management of inland surface waters, groundwater, transitional waters and coastal waters in order to prevent and reduce pollution, promote sustainable water use, protect the aquatic environment, improve the status of aquatic ecosystems and mitigate the effects of floods and droughts. |
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An important change in the new Dutch Water Act is the establishment of an integrated licensing scheme for water systems operations. A single water permit will be granted for all water systems operations, instead of the six separate permits granted under the existing acts. In many cases this will mean an important reduction in the amount of permits. Applications for water permits can be requested at one central, digital counter. However, whether the application process will truly be simplified, has to be seen. The new act can be seen as a framework that will be further detailed through resolutions on various governmental levels. This construction can reduce the positive effect of the one stop shop. On the other hand, this construction offers the flexibility for a decentralized custom approach when necessary. |
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The Water Act aims for an increased application of general rules. It is estimated that in 25 percent of the cases in which a permit is currently required, general rules can take care of the regulation. For example, general rules can take care of discharges as a result of dredging activities and polluting activities in coastal areas. |
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Tip: check out www.waterwet.nl for the latest updates on the new Water Act.
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The requirements regarding Environmental Impact Assessments procedures will barely change under the new Water Act. Activities that require an Environmental Impact Report now, will do so after the new law has passed. The content of an EIR is not likely to change much either. It will still depend on the activity planned by the applicant. Maybe an EIR becomes more extensive when it has to cover the variety of water-related topics that are now still regulated in different laws but will be brought together in the new Water Act. On the other hand, that one EIR will suffice for all water-related issues, whereas before several EIR's had to be prepared for effects regulated in a variety of water-related laws.
Please check with your ARCADIS Account Manager to see what the new Water Act will mean for your activities in The Netherlands.
This information is not intended or offered as legal or any other advice on any particular matter and should not be used or relied upon as such. Any use of material contained in this newsletter is at the user's own risk and you should not act or refrain from acting on the basis of any matter contained within this newsletter without seeking appropriate legal or other professional advice on the particular facts and circumstances. To the extent permitted by law, either ARCADIS or the editor does not accept liability for any loss, which may arise from any reliance upon information contained in this newsletter. |
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For more information, contact Ineke Noordhoek:
b.noordhoek@arcadis.nl
+31 (0)62 7060 672
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