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Environmental and Planning Law

Environmental law and planning law cover all rules relating to structuring the physical and natural environment, such as environmental regulations (water, air, noise, nature, external safety, hazardous substances and waste), spatial planning and zoning and urban, industrial and rural development.

A major revision of Dutch environmental and planning law is being undertaken at the moment. Dutch environmental legislation consists of dozens of laws and hundreds of regulations for land use, residential areas, infrastructure, the environment, nature and water. Each has its own starting points, procedures and requirements. With a view to simplifying environmental and planning law in the Netherlands, the Environment and Planning Act is being prepared. The Act is expected to enter into force per 1 July 2022. Many government bodies are already preparing for the entry into force of the Act by trying out the new planning instruments and integrated policy options. ENVIR’s lawyers are also preparing for the new Act. They are contributing to a handbook on the new Act and advise on its future application.

Environmental Law and Planning Law

Environmental Management Act (Wet milieubeheer)
Spatial Planning Act (Wet ruimtelijke ordening)
Crisis and Recovery Act (Crisis- en herstelwet)
Environmental Permitting (General Provisions) Act (Wabo) / Environment and Planning Act (Omgevingswet)
Environmental permits
Water Act (Waterwet)
Damages resulting from government planning decisions
Soil Protection Act (Wet bodembescherming)
Nuclear Energy Act (Kernenergiewet)
Environmental Impact Assessments (EIA)
Planning decisions and zoning plans
European Services Directive
Emissions trading (EU ETS)
European Energy Efficiency Directive (EED)
REACH compliance

Nature Conservation Law

Act on Nature Conservation (Wet Natuurbescherming)
Prior to January 2017: Nature Conservation Act 1998 (Natuurbeschermingswet 1998) and Flora and Fauna Act (Flora- en faunawet)
Birds and Habitat Directives
Habitat Regulations Assessment (HRA)
NNN (Natuur Netwerk Nederland, formerly EHS (Ecologische Hoofd Structuur))
Statement of no objections (verklaring van geen bedenkingen)

Government Bodies

ENVIR Advocaten has experience with among others the following government bodies:

Ministries, provinces, municipalities and water boards
Environmental Protection Agencies (Omgevingsdiensten en Regionale Uitvoeringsdiensten)
Human Environment and Transport Inspectorate (ILT)
Netherlands Food and Consumer Product Safety Authority (NVWA)
Netherlands Enterprise Agency (RVO)
Dutch Emissions Authority (NEa)
European Commission (EC)

Due Diligence

Due Diligence support with respect to environmental law, planning law, nature conservation law and general administrative law aspects of M&A and real estate transactions and financing.