Anyone who cannot wait for new developments regarding the Nature Conservation Act and the expiry of the Nitrogen Approach Program (PAS) can force the province to make a decision. That is what Agrifirm Exlan states.
A legal term of six months applies to the decision-making on applications for the 'Nature Protection Act'. After that, there are instruments to force the provinces to make a decision, for example by notifying the province of default. The province then has 14 days to make a decision. If they fail to do so, the province must pay penalty payments.
Clarity can, however, also mean that the provinces refuse a requested permit, especially if additional nitrogen space is requested. When netting is done internally, then it is a possibility. An example is a new barn, which means that more livestock is kept, but the nitrogen emissions on balance do not increase. In this situation, no additional nitrogen space is requested.
Mid-September 2019 and June 2020
An advisory board (led by former minister Johan Remkes) has been asked to come up with solutions before mid-September 2019 for the activities allowed by the exemptions in the PAS, which now no longer appear to be valid. This concerns, for example, notifications made about grazing and fertilization and other exempt activities below the limit value of 0,05 mol nitrogen per hectare per year.
Before June 2020, the Municipal Executive has been asked to come up with an advice for a new approach to the nitrogen problem. It is not clear in which direction people are thinking, concludes Agrifirm Exlan† Legally, the possibilities seem to lie mainly in netting. Work is also underway on a new version of the AERIUS nitrogen distribution model. This new version is expected to be launched this month.
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