Amongst other things, the draft Supplementary Order on soil amends the Environment Order (see Part 1), which sets out rules that are needed to apply the Environment Act (after amendment by the Supplementary Act on soil) and the four associated general administrative regulations (after amendment by the Supplementary Decree on soil), i.e. the Environmental Activities Decree, the Environmental Structures Decree, the Environmental Quality Decree and the Environment Decree. Chapter 2 of Part 2 of the draft Order includes amendments to other ministerial orders that are necessary due to the Environment Act. Chapter 3 contains the orders to be repealed. These orders can be repealed because the subject matter they regulated has been converted into rules under the Environment Act. Finally, Chapters 4 and 5 of the draft Order contain the transitional provisions and the final provisions.
Order supplementing and amending the Environment Order and amending and repealing certain other orders with a view to protecting the soil, including groundwater and the sustainable and efficient use of soil (Supplementary Order to the Environment Act on soil)
This draft Order provides for adjustments to ministerial orders to bring them into line with new environmental law. In addition, the draft Order sets out transitional provisions. It also amends the contents of the Environment Order (Part 1 of the draft Order). Most of the provisions in Chapter 1 of the draft Order may contain technical regulations.
The Supplementary Order on soil amending the Environment Order contains rules on how administrative bodies perform their duties and exercise their powers in the area of soil, the environment and water, including groundwater. This includes rules on methods for measurements and calculations for taking decisions around environmental planning and the assessment of environment permits. The Order also includes the designation and boundaries of sites and rules on procedural aspects and formal requirements for statutory instruments relevant to all parties, government agencies, as well as businesses and citizens. The Order also contains rules set by the State on activities with a potentially adverse impact on the physical living environment. This mainly concerns environmentally harmful activities, water activities and activities with respect to structures. These rules are operational in nature, and relate to both operational, administrative and measurement and calculation rules; they address citizens, businesses and government agencies when in their capacity as initiators. The Environment Order elaborates and supplements the rules in the Environment Act and the four general administrative regulations (see point 6) in further detail.
The Environment Order itself (i.e. not the Supplementary Order on soil) contains a mutual recognition clause (Article 1.3).