PHILIPSBURG:--- As of Monday, April 26th, 2021, article 28a of the National Ordinance Spatial Development Planning (Lrop) presented by the Minister of Public Housing, Spatial Planning, Environment & Infrastructure, Mr. Egbert Doran, has gone into effect again.
The main purpose of the aforementioned National Ordinance is to allow the Government to establish development plans, commonly referred to as zoning plans, to better manage and guide the spatial development of the country.
Article 28a. regulates the requirements for a civil works permit, which will allow the Minister to review certain planned works prior to approval. This will ensure that the works will not cause undesirable and irreversible damage to the environment and are executed with concern to the environment and that the works fit within the Government Spatial Development Vision. In addition, the article allows the government to impose conditions on the execution of the works.
The intention of this article is not to obstruct any developments. Therefore, persons will require prior approval by the Minister for the following works and projects of profound nature:
- The excavation, raising, leveling or explosion of land;
- The construction of roads and other pavements;
- Works and projects that impact the water management and the groundwater level;
- The felling and clear-cutting of trees or other cultivation;
- The demolition of structures;
- The filling and/or dredging of water.
A civil works permit is not the same as a building permit. However, both permits can be applied for at the same time. If you intend to carry out any of the above works or projects, you must apply for a civil works permit, effective April 26, 2021. You can do this via the usual building permit application form, which can be downloaded from the website of the Ministry of VROMI. An appointment to submit a permit request can be made online at http://bit.ly/vromiappointment.
Within 60 days after your application has been submitted, the minister will make a decision whether or not to grant the permit. If granted, the permit will be published in the National Gazette along with other approved permits from the same period.
During the public review period of 6 weeks, persons can object or appeal the decision (based on Article 3 of the National Ordinance Administrative Jurisdiction (Landsverordening Administrative Rechtspraak (Lar))
The civil works permit may only be used:
- After the time limit for submitting a notice of objection or appeal has expired without a request for a temporary injunction being filed.
- After a decision has been taken on a request for a temporary injunction.
The following fees are required for the civil works permit:
- For processing a request for a permit: Naf 150,-; and,
- For granting the permit: Naf 150,-
More information on article ‘AB 2021, no. 6, van de gepubliceerde Landsverordening tot wijziging van de Landsverordening ruimtelijke ontwikkelingsplanning i.v.m. het herinvoeren van artikel 28a’ (including the explanatory memorandum), can be downloaded (in Dutch) from: http://www.sintmaartengov.org/government/AZ/laws/Pages/Official-Publications.aspx, under the section ‘2021’
In addition, an English elucidation and presentation of article 28a can be found on http://www.sintmaartengov.org/government/VROMI/Pages/Ministry-Policies-and-Reports.aspx under the section ‘Policy’
