Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

necessary. 159 Since 1999, the use of the Dutch soil has been intensified. Therefore, the
government has recently announced the drafting of the 'Structure Vision on Soil' (Structuurvisie
Ondergrond), also called 'STRONG', on the basis of Art. 2.3 Wro. With this structure vision the
usefulness and necessity of all the different designated uses of the soil, including shale gas, are
set out and weighed against each other. 160 The structure vision is expected at the beginning of
2015. 161 It has been part of debate whether the Structure Vision on Shale Gas (Structuurvisie
Schaliegas) should be included in STRONG. 162 This could enhance an integrative and integral
approach. The Minister has decided to act upon this request. 163 When municipalities draft a zoning
plan, they must take these structure visions into account. The Minister of Economic Affairs has
announced that it will look at the possibility to include a similar approach in the Mining Act. 164
While STRONG has the goal of putting all the interests and functions in context, the Structure
Vision on Shale Gas has the goal of establishing locations which are potentially suitable for the
exploration and exploitation of shale gas. 165 Currently, an initiator can apply for the several permits
for in principle every location in the Netherlands. By developing a structure vision, the government
has more control over this process. The chosen locations will include locations which are most
promising for exploitation of shale gas and least harmful for the environment, nature and
population. Prior to the structure vision a plan-EIA should be prepared to gain insight into the most
appropriate locations, on which the Commission EIA will give advice. 166 This complies with the
requirements of the EIA Directive and the Besluit MER, as set out above. Structure visions have (in
principle) no legal consequence for others. It is a policy document and ‘only’ binds the province or
State itself (not the municipalities). 167 However, it offers a framework for other instruments and it
can be the start of a duty to motivate certain competences. Structure visions give the outline of the
intended spatial planning by the State. If a zoning plan is made or an integrated environmental
permit (or derogation thereof) is issued, the locations that will be set out in the structure vision
have to be considered by the municipalities. Moreover, although they do not give much concrete
assessment standards, they are politically very important. According to Article 2.3(4) Wro, the
structure vision needs to be submitted to the Second Chamber of the Dutch Parliament, which has
to discuss this in public within four weeks. If the Second Chamber does not start this, the structure
vision can be set.
Moreover, the Wro has relevance for other reasons. It gives the Minister of Infrastructure and
Environment – or another Minister, such as the Minister of Economic Affairs, if it concerns him or
her – the possibility to take decisions which are necessary for realising the structure vision. These
decisions stand in contrast with the structure vision; while the structure vision is policy (and
therefore not binding), the hereafter named decisions are (binding) legal norms. The Minister has
for example the competence to designate an order to realise that certain parts of the zoning plan
are made inoperative (Art. 3.8(6) Wro) or to make sure that a certain regulation is made in the
zoning plan (Art. 4.4 Wro). The Minister can use these competences if e.g. a municipality does not
co-operate with the realisation of a mining work (which has to be set out in its zoning plan).
Also, the Minister of I and M may establish an inpassingsplan (a government-imposed zoning plan
amendment). In principle, municipalities are the competent authority to establish the zoning plan in
their municipality. However, since the coming into force of the Wro, the State has the possibility to
159
Kamerstukken II 1998/99, 26 219, nr. 3, pp. 6-7.
160
Brans & Van den Brink (2014).
161
Kamerstukken II 2013/14, 33 136, nr. 6.
162
Kamerstukken II 2013/14, 28 982, nr. 135 and nr. 137; Letter of the IPO, Vewin and the Unie van Waterschappen to the
Minister of Economic Affairs, 27 January 2014.
163
Kamerstukken II 2013/14, 28 982, nr. 138.
164
Kamerstukken II 2013/14, 28 982, nr. 135.
165
Kamerstukken II 2012/13, 28 982, nr. 133 and Kamerstukken II 2013/14, 28 982, nr. 135.
166
Kamerstukken II 2013/14, 28 982, nr. 136, p. 1.
167
ABRvS 27 October 2010 (case 200909636/1/R3, ECLI:NL:RVS:2010:BO1832), AB 2010/335, m.nt. A.A.J. de Gier
(Boxmeer).
41