There are legal timeframes between the date the application was submitted and declared complete and admissible and the moment the decision is made. In some cases the permit is considered to be refused in case the timeframe is not met.
Environmental Impact Assessment
Advise and consultancy
In some cases advise can be given by certain staff that is assigned with specialist responsibilities (e.g. EIA, AA, Baseline reports, BREF’s, water, waste, safety, air) and can assist colleagues. For external knowledge and expertise special meetings could be attended that are organised by national or federal level.
Consultation starts after the application is sent to the (legal) advisers or to experts (some internal some external, some compulsory) opinions are submitted within a certain timeframe to a commission, case manager, coordinator or permit officer. The following information can be used: Record of complains; incidents and accidents; Inspection reports; Emission data; Previous activities; and for waste installations criminal records could also be acquired.
Boundaries of installation
BAT assessment & setting conditions
- Permissible values of emissions into water, air or soil;
- Environmental protection measures and other conditions for the operation of installation;
- Operator’s obligations concerning the implementation of monitoring and reporting to the ministry;
- Measures to ensure the maximum level of protection of the environment as a whole.
Use of General Binding Rules
- A reference to the opinions and the motivation why they are followed or not followed;
- The conditions for operation;
- The considerations of the competent authority about the conditions;
- The expiration data in case the permit is limited in time.
- When the building permit is refused (only when there is a direct link the environmental permit);
- In case the operation of the establishment (or part of the establishment) has not been taken into use within a certain timeframe (e.g. 3 years);
- In case the installation has been destroyed by fire or explosion
Reasons to refuse or end the permit are:
A (draft) decision will be published for a certain timeframe at the regular locations (official boards, newspapers, websites). For more sensitive activities the CA can organise public meetings. There are a lot differences between the countries in the procedures for public participation; Some countries publish the application on the website but do not organise meetings. Some publish applications and will organise meetings on request; Some countries also publish the draft decision. Also here some countries do not organise meetings and some only do this on request.