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Retention periods for environmental documents - Flemisch region (1)

Retention periods for environmental documents - Flemisch region (1)

Summary dated 1 September 2021 of the essential legal provisions regarding the retention periods of your archives.

Documents Minimum retention period Format Start date of the retention period Act
Documents relating to environmental permits No retention period is provided for by law.
However, it is required to post every decision regarding an environmental permit for thirty days at the place where the subject-matter of the permit will be carried out (on the website of the municipality and analogue or digital option for public inspection of the decision in the town hall). As a consequence, it is required to retain the permit for a minimum period that is equal to this period. (2)
Original As from the day following the day on which the notification has been done, or from the day the option for public inspection starts Articles 56, 59, 60 and 63 Decision of the Flemish Government implementing the Decree of April 25th, 2014 on the environmental permit
Environmental report No retention obligation is imposed.
However, one is required to send an environmental report to the government on a yearly basis.
Article 3.5.1. Decree of the Flemish Government of April 5th, 1995 concerning the general dispositions with relation to the environmental policy
Registers of wastes The registers have to be retained for 5 years. Some registers have to be retained in original format at the place of business (for inland skippers on the ship). Other registers have to be retained in electronic format No commencement date for the retention period is provided for by law Articles and Decision of the Flemish Government of February 17th, 2012 laying down the Flemish regulation concerning the sustainable management of material cycles and waste materials

Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.

(1) On the basis of article 6, § 1, II of the special act regarding the reform of the institutions of August 8th, 1980, the regional bodies are competent for most aspects regarding the environment and the water policy. The federal state is only competent to establish the product standards and the protection against ionising radiation, including radioactive wastes. As a consequence, there are separate regulatory instruments in the Flemish region, the Brussels-Capital region and the Walloon region.

(2) It is advisable to retain a (copy of) the permit and all the related decisions during the validity of the permit, and for a sufficient period thereafter in order to be able to safeguard one’s rights. With relation to planning and allotment permits, it is advisable to retain (a copy of) the documents as long as one is owner, or as long as one has a right in rem in the immovable property, as well as during some years thereafter.

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