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Kan de Meststoffenwet gemist worden? Een studie naar de mogelijkheden en wenselijkheid van integratie van de Meststoffenwet in de Wet milieubeheer

03 September 2009

PhD ceremony: J.J.J. de Rooij, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: Kan de Meststoffenwet gemist worden? Een studie naar de mogelijkheden en wenselijkheid van integratie van de Meststoffenwet in de Wet milieubeheer

Promotor(s): prof. D.W. Bruil

Faculty: Law

 

The scaling up in Dutch agriculture, in particular in intensive livestock farming, lead to a number of environmental issues which are covered by various environmental laws originating from various departments. The Dutch Fertilisers Act falls under the Ministry of Agriculture, Nature and Food Quality contrary to the Dutch Environmental Management Act (and thus the Dutch Ammonia and Livestock Act and the Dutch Odour Nuisance and Livestock Act) which falls under the Ministry of Housing, Spatial Planning and the Environment. This study focuses on the question as to whether more coherence between the Dutch Fertilisers Act and the Dutch Environmental Management Act can be accomplished, preferably through integration (as the most far-reaching form apart from coordination and harmonisation). Within the framework of this study the instrumentarium of the Dutch Fertilisers Act is divided into a) the standards of use and b) the prohibitions of expansion. When it comes to the standards of use this concerns generally binding orders - inclusion in the permit pursuant to the Dutch Environmental Management Act is not desirable (in particular on account of the fact that agricultural land is not part of the establishment) - which are relatively unknown in the Dutch Environmental Management Act. A revision of the act is possible after which the generally binding orders can be included in article 8.40 Orders in Council or can be based on chapter 9 or 11 of the Dutch Environmental Management Act. The prohibitions of expansion must also obtain a new basis in an Act of Parliament (as it concerns environmental effects that exceed the individual establishment), comparable with article 16a of the Dutch Environmental Management Act (the emission rights), and can then concretely take form in the permits pursuant to the Dutch Environmental Management Act. To a certain extent this system can be compared with the Dutch Ammonia and Livestock (Interim) Act from the second half of the nineties. The supervision of compliance with the standards of use and prohibitions of expansion should particularly take place via the (extensive) administration. As specific requirements imposed on integration are met the conclusion is that integration does indeed appear to be possible.

 

Last modified:15 September 2017 3.38 p.m.
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