Competent authority
The general rule (art. 2.4, section 1 Wabo) is that the municipal executive of the municipality where the project concerned will mainly be implemented assesses an application for an all-in-one Permit for Physical Aspects. In special situations, it is necessary to deviate from the general rule. The exceptions are briefly described below.
The provincial executive acts for the municipal executive:
- for the decision on an application art. 2.1, section 1, under a, b, c or Wabo if this is thus recorded established in a provincial embedding plan (art. 3.1, under an Environmental Law Decree (Bor))
- for a project which is important to the province, there is a deviation from the current planological rules (art. 3.1, under b Bor)
- if the application relates to a plant with an IPPC installation or a plant to which the Major Accidents (Risks) Decree (Seveso) applies (art. 3.3, section 1 Bor)
- if the application relates to an activity in, on, under or over a closed landfill where the care referred to in art. 8.49 Environmental Management Act (Wm) is provided (art. 3.4 Bor)
- if the application relates to a project that will be implemented at a site where the provincial executive had previously granted an all-in-one Permit for Physical Aspects (art. 2.4, section 5 Wabo)
The Minister of Infrastructure and Water Management acts for the municipal executive:
- for the decision concerning an application art. 2.1, section 1, under a, b, c or Wabo if this is thus recorded in a government embedding plan (art. 3.2, under a Bor)
- for a project of national importance, there is a deviation from the current planological rules (art. 3.2, under b Bor)
- if the application relates to a plant cat. 29, appendix I Bor (art. 3.3, section 2 Bor)
- if the application relates to a plant which is largely located on a site in the territorial sea which does not belong to a municipality or province (art. 3.3, section 3 Bor)
- if it concerns a project designated by the Minister as being of general importance (art. 2.4, section 4 Wabo)
- if the application relates to a project that will be implemented at a site where the Minister had previously granted an all-in-one Permit for Physical Aspects (art. 2.4, section 5 Wabo)
The Minister of Economic Affairs and Climate Policy acts for the municipal executive:
- if the application concerns a plant which is mainly involved in mining or for mining work which is not performed at plants (art. 3.3, section 4 Bor)