The draft Supplementary Order on soil amends the Environmental activities decree, Environmental quality decree and the Environment decree to the Environment Act. Chapter 1 of this draft Order contains provisions on performing activities on or in the soil that impact the physical environment.
Chapter 2 contains provisions for amending and repealing other regulations required due to the Environment Act. The decrees may be repealed because the subject matter they regulated has been converted into rules under the Environment Act. Finally, Chapters 3 and 4 of the draft Supplementary Order contain the transitional provisions and the final provisions.
Decree amending the Environmental activities decree, the Environmental quality decree and the Environment decree and a number of other decrees with a view to protection of the soil, including groundwater, as well to the sustainable and efficient use of the soil (Supplementary Order to the Environment Act on soil).
This draft Supplementary Order on soil provides for the amendment and addition of general administrative regulations to the Environment Act, bringing these in line with the new system for environmental law. The draft Order also provides for transitional provisions and an endowment.
It supplements the Environmental activities decree, Environmental quality decree and the Environment decree in terms of content. Most of the provisions in Chapter 1 of the draft Order may contain technical regulations.
The draft Supplementary Order on soil amending the general administrative regulations contains rules on how administrative bodies are to perform their duties and exercise their powers in the area of soil, including groundwater, and the environment.
The draft Supplementary Order amends and supplements the Environmental activities decree with general rules and permit requirements for the performance of activities that impact the physical environment. The purpose of these rules is to prevent or minimise this impact on the physical environment, including soil and groundwater. These include rules on the following activities on or in the soil: the application of fertilisers / sewage sludge / grass turf, digging activities in the soil, remediation of the soil and the application of soil, dredging soil, building materials or mining rubble. 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 Environmental activities decree contains a mutual recognition clause (Article 1.3).
The draft Supplementary Order amends and supplements the Environmental quality decree with general rules for building on contaminated soil and trigger parameters for the assessment of groundwater quality measures. These rules are provided with a view to safety, health and protection of the environment, soil and groundwater. In any case, they are aimed at ensuring that the quality of the physical environment, including the soil and groundwater, is guaranteed. The Environmental quality decree contains a mutual recognition clause (Article 1.2).
The draft Order contains instructional rules for adopting decisions such as environment plans and for assessing environmental permits. The Supplementary Order also includes rules on procedural aspects and formal requirements for statutory instruments relevant to all parties, government agencies, as well as businesses and citizens.