Coronavirus – Flemish soil legislation – Belgium

• Belgium

• Coronavirus
• Coronavirus - Country overview
• Environment

06-04-2020

The Flemish Government has issued a decree on March 27, 2020 which entered into force with immediate effect, to extend for 30 days:

1. the 90-day period (becoming 120 days) for OVAM (the Flemish Waste Agency) to decide on the conformity of a soil remediation project with the provisions of the soil decree

2. the 150-day (becoming 180 days) period for OVAM to decide on the conformity of a soil remediation project that requires an Environmental Impact Assessment (EIA) under the provisions of the soil decree

The projects affected by this period extension are:

1. soil remediation projects submitted to OVAM before 27 March 2020 and which had not been evaluated by then

2. soil remediation projects submitted to OVAM between 27 March 2020 and 24 April 2020

Time limit for lodging OVAM appeals

The time limit for lodging an appeal against the following OVAM decisions has been extended by 30 days:

1. the conformity of a (limited) soil remediation project

2. the conditions and timeline of the soil remediation project

However, the extension only applies for the people designated on the published decision, and only as far as the decision was published on 27 March 2020 and was still consultable at the municipality at that date.

Public inquiries into OVAM decision appeals

Public inquiries in relation to the above, launched before 27 March 2020, will be suspended and resumed after 24 April 2020. Nevertheless, objections and comments submitted during the suspension period will be declared admissible.

New public inquiries cannot be launched until 25 April 2020.

Soil remediation projects and EIAs

In the event of a soil remediation project requiring an EIA, the 80-day period for OVAM to deliver the public inquiries’ report and the required advices to the EIA Department is also extended for 30 days.

The 30-day period during which the conformity decisions taken by OVAM are available for consultation at the municipality, will be suspended and resumed after 24 April 2020 to the extent that the consultation period started before 27 March 2020.

To consult the relevant decree, click here.

Contact an environment lawyer in Belgium today