Terug naar Encyclopedie

Enforcement in Environmental Law Violations

Environmental Act enforcement focuses on norm violations with risk-based policy. Proportionality and legal review central to illegal activities.

1 min leestijd

Specific enforcement in environmental law

The Environment and Planning Act (EPA) integrates enforcement from the General Administrative Law Act and sector-specific acts. Article 5.1 EPA provides powers for coercive measures in cases of illegal constructions or environmental violations. Legal qualification focuses on the violation of environmental norms.

Enforcement policy per municipality or water board prioritises risks, such as Acute Hazard Zone (AHZ). Proportionality weighs business damage against environmental protection.

Practical examples

In cases of excess nitrogen deposition, administrative coercion may be imposed. The Council for the Environment advises a risk-based approach. Case law (ECLI:NL:RVS:2023:789) examines whether the measure is necessary.

The violator has an information obligation; non-compliance increases sanctions. This framework promotes sustainable compliance.