The Ministry of Environment and Urban Planning has recently
issued a Regulation on Environmental Permission and Licenses
("the Regulation"), rendering the
previous regulation dated April 29, 2009 ("the
Repelled Regulation") obsolete. The Regulation will
be in force as of November 1, 2014.
Although there has been several changes within the groups
(categorized in accordance with the amount of environmental
pollution caused by each business), similar to its revoked
predecessor, Annex 1 and Annex 2 of the Regulation classifies
businesses subject to environmental permission or environmental
permission and licenses into 2 groups.
In order to operate, businesses listed under Annex 1 and Annex 2
shall first obtain an interim operating certificate. Businesses
then need to obtain either (i) an environmental permission or (ii)
an environmental permission and license certificate (together
referred as "the Certificate") within 1
year of the issue date of the interim operating certificate.
Article 11 of the Regulation provides detailed information
regarding the application for an interim operating certificate and
changes to the application process for an environmental permission
or environmental permission and license. According to the
Regulation, the Certificates shall be valid for 5 years, and
businesses are obliged to apply for a new certificate at least 180
days prior to the expiration of the initial certificate, if they
wish to continue to operate. Under the Repelled Regulation, this
application period was 3 months.
In the event of a change of the business owner or the title of
the business, within 3 months of such change, an application shall
be filed to the competent authority along with; (i) an undertaking
indicating that the new owner will comply with the existing terms
of environmental permission and license, (ii) trade registry
gazette regarding the change, and (iii) a capacity report.
The Regulation also provides comprehensive information regarding
businesses that are not subject to an environmental permission or
license. Despite being listed under Annex 1 and Annex 2 of the
Regulation, businesses with no emission or sanitary discharge may
be exempt from obtaining the Certificate, and such evaluation and
decision shall be carried out by the competent authority.
The Regulation is expected to clarify and facilitate the
permission and licensing procedure, and overcome the problems
businesses faced with the previous regulation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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