Province of Noord-Brabant: applying for an exemption relating to protected plants and animals
Are there any protected animal or plant species present at the location where you will be carrying out work? And could your work have an impact on these species? For example, by destroying nests, disturbing or killing animals, or damaging protected plants? If so, you must apply for an environmental permit for flora and fauna activities.
To determine whether your work will affect protected plants or animals, you can ask an ecological expert for advice. The expert can also advise you on how to prevent any impact on protected species.
Codes of conduct
Certain types of organisations do not need to apply for this environmental permit. However, these organisations must comply with the codes of conduct agreed with the government. For example, there are codes of conduct for housing associations, port authorities, provincial authorities and Rijkswaterstaat (the Dutch Ministry of Infrastructure and Water Management).
Are your activities carried out on behalf of an organisation that is subject to a code of conduct? If so, the code of conduct also applies to your activities. Visit the website of the Netherlands Enterprise Agency (RVO) to see which codes of conduct apply to which types of organisations (in Dutch).
You can only obtain an environmental permit under the following conditions:
- There is no other viable solution.
- It is necessary for reasons such as public health, public safety or the safety of air traffic.
- You have a good reason, for example:to prevent damage to crops, livestock, forests or waterways
- to prevent damage to a fishing business
- to protect (other) plant and animal species
- for research or education
- to reintroduce or import plant and animal species Your activities will not cause the plant or animal species to decline in number.
Consult with the stakeholders first. This is, for example, the manager of the nature conservation area. Check the province’s website in advance for more information.
This is how you apply for a environmental permit:
- Go to the Omgevingsloket (in Dutch). This is the Environment and Planning Portal.
- Do the permit check.
- You will be told whether you need to apply for a permit. You can do this right away.
- Log in.
In many cases, you will have to pay a fee to apply for an environmental permit for flora and fauna activities. The amounts depend on the application.
The provincial authorities will make a decision on your permit application within 8 weeks. If the provincial authorities deem it necessary, they can extend this period by a maximum of 6 weeks.
Do you disagree with the decision of the provincial authorities? Then you can lodge an objection. This allows you to explain why you disagree with the decision. Other people affected by the decision may also lodge an objection. Objections must be lodged within 6 weeks.
Have you or someone else lodged an objection to the decision of the provincial authorities? If so, the province will make a new decision. If you disagree with that decision, you can ask the court whether the province made the right decision. This is called “appealing”. You must do this within six weeks. You can only appeal if you have lodged an objection.
Questions about this topic?
Contact the Province of Noord-Brabant