On January 1, 2024, the Environmental Planning Act (Omgevingswet) will enter into force in the Netherlands. Under this new legislation, the concept of an “establishment” (inrichting) will disappear and be replaced by the concept of an “environmentally damaging activity.” This means that environmental rules and permit requirements (or the absence thereof) will henceforth apply to an environmentally damaging activity. Under the Environmental Planning Act, it will no longer matter whether activities are carried out commercially or temporarily, or whether they take place at a fixed location.
What is currently regarded as an establishment may, in the future, be wholly or partially classified as an environmentally damaging activity. This activity may then, in turn, be wholly or partially subject to a permit requirement. However, the fact that the concept of an establishment disappears from the legislation does not mean that all activities at a location are assessed independently for permitting purposes. Under the Environmental Planning Act (specifically the Decree on Activities in the Living Environment – Besluit activiteiten leefomgeving), activities are bundled together in different ways.
Core activity and functionally supporting activities
Every environmentally damaging activity starts with a description of the “core activity.” This is the designated activity itself, for example; the production of liquid gases from ambient air. In addition, an environmentally damaging activity often includes functionally supporting activities that enable or support the core activity. Examples include a combustion installation, gas storage tanks, and similar facilities.
Together, the core activity and the functionally supporting activities constitute the environmentally damaging activity to which rules and possibly a permit requirement apply. An activity is considered functionally supportive if the core activity could not exist without it.
Environmentally damaging installation
In the Decree on Activities in the Living Environment, the term “installation” is used in several places in a broader sense than in everyday language. For example, in the activity “operating another environmentally damaging installation”, the term installation also includes all activities that are technically and environmentally connected. Under the new Environmental Planning Act, the permit requirement applies to the entire installation, including the connected activities.
Complex companies
The Environmental Planning Act uses the term “complex companies” to describe companies that, due to their nature or size, can have major consequences for their surroundings. These include Seveso establishments (i.e. the current BRZO companies), a number of IPPC installations, and other activities with potentially significant environmental impacts or high environmental risk. For complex companies, the permit requirement covers all activities on the company’s site.
In short, activities on a site can be linked together in different ways under the Environmental Planning Act and may therefore jointly fall under a permit requirement. Would you like to know how this affects your company? Contact us and our experts are happy to help.
