Retention periods for environmental documents - Walloon 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 planning or allotment permits | A message announcing that the permit has been granted or that the operations and works are the subject of the operative part of the judgment serving as permit or are the subject of restitution measures, has to be posted at a place on the site along the public road, legible from the public road, and the permit and the related file or a copy of these documents certified by the municipality or an authorised official have to be retained at the place where the works are executed or the operation(s) is(/are) carried out, for the duration of the works or the operations (2) | Original |
With relation to works: before the commencement of the works With relation to the other cases: as from the preparations of the operation or the operations |
Articles D.IV.70 Walloon Development Code |
| Documents relating to environmental permits | One is required to retain the permits and all related decisions, as well as, where appropriate, a list of incidents and accidents at the place of establishment No retention period is provided for by law (2) | Original | As from the date of the document | Article 59 Decree of the Walloon Region of March 11th, 1999 concerning the environmental permit |
| Environmental report | One is required to send an environmental report to the government on a yearly basis. The provided environmental data and the method used for the collection thereof have to be retained for 5 years | Original | As from sending the report | Article 76ter Decree of the Walloon Region of March 11th, 1999 concerning the environmental permit |
| Registers of wastes and materials | 5 years |
With relation to the register for dangerous wastes: the original register and the exhibits relating to the management of the wastes. With relation to wastes, other than dangerous wastes: the collector or transporter retains a copy of the yearly declaration |
No commencement date for the retention period is provided for by law | Article 59 Decision of the Walloon regional Government of April 9th, 1992 concerning dangerous wastes and article 14 Decision of the Walloon Government of November 13th, 2003 concerning the registration of collectors, brokers, traders and transporters of wastes, other than dangerous wastes |
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.