Province of Fryslân: compensation for damages with a groundwater extraction or water infiltration permit
Omschrijving
Suppose you have an environmental permit to extract groundwater or to introduce water into the soil. The latter is referred to as infiltration. Sometimes, the provincial authorities revoke or change that permit, due to no fault of you. This can happen, for example, if the provincial authorities develop new policy as a result of which different rules apply.
If you have or will suffer damage or loss as a result, you may be eligible for compensation. This is called compensation for damage or loss resulting from an administrative act. This type of compensation may also be due if the province partially revokes your permit.
A condition for compensation for damage or loss resulting from an administrative act is that you are not required to pay for the consequences of the amendment or revocation of the permit. The Dutch government, the provincial authorities, the municipality or the water board can change or revoke the rules. Anyone who does this must also provide compensation for damage or loss resulting from an administrative act.
The conditions for eligibility for compensation for damage or loss resulting from an administrative act include:
- You have an environmental permit to extract groundwater or infiltrate water.
- The provincial authorities have fully or partially revoked your environmental permit or they have changed the regulations of the permit.
- This amendment or revocation has caused or will cause you damage or loss.
- The revocation or amendment of the environmental permit is not your fault.
- You are not insured against the damage or loss.
- You do not have to pay for the damage or loss because:the damage or loss exceeds the normal business risk
- the damage or loss is much greater for you than for others
Questions about this topic?
Contact the Province of Fryslân