Amongst other things, the draft Order amends the Environment Order (Chapter 1), which sets out rules that are needed to apply the Environment Act and the four associated general administrative regulations, i.e. the Environmental Activities Decree, the Environmental Structures Decree, the Environmental Quality Decree and the Environment Decree.
Chapter 1 (Article 1.1) of the draft Order provides that the parts crossed out in Annex 1(a) and (b) to this Order are deleted and the underlined parts are inserted. These parts may contain technical regulations.
Chapter 2 (Articles 2.1 to 2.72) only contains amendments to existing rules. These amendments are not substantive in nature but rather only ensure proper conformity with the rules of the system of the Environment Act. This chapter does not contain any technical regulations. The same applies to Chapters 3 to 5 for the orders that are repealed, the transitional provisions and the final provisions.
Order of the Minister for the Interior and Kingdom Relations, the Minister for Economic Affairs and Climate Policy, the State Secretary for Finance, the Minister for Infrastructure and Water Management, the Minister for Justice and Security, the Minister for Agriculture, Nature and Food Quality, the Minister for Education, Culture and Science and the State Secretary for Social Affairs and Employment of [date] supplementing and amending the Environment Order, repealing and amending other orders and governing the transitional provisions for introduction of the Environment Act (Order implementing the Environment Act)
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 substantively (Chapter 1 of the draft Order). Many of the provisions in Chapter 1 of the draft Order may contain technical regulations.
For the purpose of implementing the Environment Act and the four general administrative regulations based on said Act, the Environment Order contains, inter alia, rules on how administrative authorities perform their duties and exercise their powers in the area of the environment, water, construction, space, cultural heritage, nature and infrastructure. This includes rules governing topics including, for example, the methods of measurement and calculation when taking decisions such as environment plans, and for assessments of environment permits. The Environment Order also contains rules imposed by the State for activities with potentially harmful effects on the physical environment. These mainly concern environmentally harmful activities, water activities and activities related 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.