Province of Fryslân: applying for a temporarily tolerated violation of provincial environmental regulations

You can apply for a temporary exemption order under the following conditions:

• It concerns a special situation, for example, force majeure or a transitional situation. Force majeure means that you cannot change the situation yourself.
• You have submitted an application for a permit or an exemption:
• This application is complete.
• There is a good chance that you will be granted the permit or exemption.
• You applied for the permit or exemption in time.
• The temporary exemption order is justifiable.
• The activity can be carried out safely and sensibly.
• Other organisations or persons are not affected by the activity.
• You need to explain in writing why being granted the temporary exemption order is important. And why this is more important than following environmental rules.
• You need to state in writing that your company will adhere to the agreements you enter into with the provincial authorities.

You can apply for a temporary exemption order from the provincial authorities.

A decision will be made by the provincial authorities within 8 weeks of receipt of the request.

A temporary exemption order is not open to objection and appeal.

The temporary exemption order has been denied? In that case, you can do two things:

• You stop your activities and await the decision on your permit application.
• You continue your activities. The moment the provincial authorities proceed to check and intervene, you can appeal to the court.

Has a person or organisation been granted a temporary exemption order and you disagree with this decision? In that case, you can ask the provincial authorities to intervene. If the provincial authorities do not want to do this, you can appeal to the court.