Environmental permit in Wallonia
Obtaining an environmental permit in Wallonia
In Wallonia, the operation of an activity presenting a potential risk for humans, the environment or animal welfare requires an environmental permit (formerly called an operating permit). Depending on the nature of the activity, the steps to be taken to obtain it vary.
To carry out industrial activities in Wallonia, the company must obtain an environmental permit.
“In the past, the environmental permit was known under the name of “operating permit”, explain Charlotte Deloge, Project Manager at ABV Development. “Its purpose is to ensure the protection of humans and the environment against the dangers, nuisances or inconveniences that a project is likely to cause, directly or indirectly, during or after operation. It also contributes to ensuring animal welfare.”
Whether you want to develop an industrial activity, a car garage, a gas station, a supermarket, a carpentry, it is necessary toobtain an environmental permit.
“The environmental permit contains all the obligations to be respected and the specific conditions for operating the activity in order to guarantee the protection of humans and the environment”, explain Charlotte Deloge.
Note that when an urban planning permit is also required, we will then talk about Single license.
Obtaining an environmental permit
On the same site, an establishment can carry out various activities, of varying sizes, or deploy different installations.
“The administration has listed the various activities or installations in categories. These will make it possible to determine, according to the importance of their potential impact, in which class the company is located.”, explain Charlotte Deloge. “Depending on, the steps to be taken as part of the permit application may vary.”
The class in which the activity should be considered therefore depends on the extent of their potential impact. It is the most impacting activity or installation, depending on the section in which it is included, that determines the class to which an establishment belongs and therefore the steps to be taken as part of the application for an environmental permit.
Depending on the class of activity, the procedures to be carried out range from a simple declaration to the application for a permit associated with an impact study by a approved office for Environmental Impact Assessments (EIA).
Impact activity classes in Wallonia
Class 1 refers to activities that have a significant potential impact. A project in this class requires an environmental permit to start. The permit application must be accompanied by a impact study.
Class 2 concerns activities with a medium potential impact. It requires an environmental permit to start. One environmental impact notice is generally attached and describes the major impacts of the project.
Class 3 concerns activities that have a low potential impact. They can start after a simple statement.
Duration of validity of an environmental permit and conditions for granting it
An environmental permit is valid for a maximum duration of 20 years. The validity date is written on the permit. To continue operating beyond that point, you must therefore renew your license, at the risk of being in violation.
“It is also important to remember that the granting of a permit is subject to obligations and conditions for the operator”, explains Charlotte Deloge. “You have to be careful to respect them. On the other hand, over a period of 20 years, a site and the activities carried out there may change. Changes should be reported in a register provided for this purpose on an annual basis.”
In some cases, the register of changes is not sufficient and a new application for an environmental permit must be made.
However, a project to reform the environmental permit is under way and proposes that the permit be valid for the entire duration of the operation. This regulatory evolution will be accompanied by new obligations. For example, the operator must regularly provide proof that he is doing what is necessary to control the impacts of his activity.