Doing Business in the Netherlands 2012 - American Chamber of ...

Doing Business in the Netherlands 2012
9.5 Environmental Aspects and Soil Pollution
Both in asset (real estate) and share transactions, it is of utmost
importance to give sufficient attention to the possible presence of soil
pollution, as well as to requirements regarding the environmental
aspects mentioned in the Dutch Environmental Management Act (Wet
milieubeheer) concerning the general environmental permit
(omgevingsvergunning). This aspect of the permit is an important
regulatory instrument linked to the setup, change and operations of an
establishment.
The Dutch Soil Protection Act (Wet bodembescherming) makes a
difference between the concepts of “new” and “historic” pollution. In
short, with regard to new pollution, all companies bear a general
liability for maintenance.
Practice has shown that these and other environmental issues can be
dealt with satisfactorily by means of timely due diligence combined
with clear contract language and, where appropriate, negotiations with
the relevant authorities.
9.6 Spatial Planning
In July 2008, a new Spatial Planning Act (Wet ruimtelijke ordening)
came into force. This act is aimed at simplifying proceedings (such as
those required to adopt a new zoning plan) and at reducing the number
of instruments the authorities have at their disposal.
In the last decades, the increase in the scale of spatial planning which
renewed economic growth and technological developments have all
affected the way in which decisions related to spatial planning are
made. This often means that they have to be better, more integrated
and enforced more quickly. This has made the processes involved
more complex.
The aim of the new Spatial Planning Act is to simplify the system, to
have the responsibility shared equitably by the various levels of the
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