Ley de 5 de octubre del 2006 de los Países Bajos, referida al control de emisión de olores en Granjas dictada por el Ministerio de vivienda, territorio y Medio Ambiente de los Países Bajos.
Gracias a todos los que vean o escuche esta ley, que se haga saber que:
Hemos considerado deseable perfilar algunas reglas relativas a las decisiones para la autorización de granjas sujetas a la ley ambiental vigente, de tal forma que queremos contemplar la molestia por olores ocasionada por el tipo de acomodamiento de los animales usado en las granjas.
Nosotros, por tanto, habiendo escuchado al Consejo de Estado, y a resultas de la consulta a los Estados Generales, hemos aprobado y decretamos lo siguiente:
Artículo 1
Las siguientes definiciones aplican a este acto y las provisiones basadas en él:
Área de concentración: área de concentración sur o área de concentración Este tal y como se indica en el Anexo I del Acta de Fertilización, o un área designada como tal por una ordenanza municipal.
Acomodación animal: un espacio, cubierto o descubierto, en cual los animales se mantienen.
Factor de emisión de olores: emisión de olor por animal, establecida por decreto ministerial de acuerdo a la categoría del animal designado para este propósito.
Objeto sensible de olor: edificio, destinado a (y de acuerdo con su naturaleza) la ocupación como vivienda humana adecuadamente condicionado y que es usado de esta manera de una manera permanente (o comparable).
Molestia por olores: efectos de la emisión de olores en el medio ambiente.
Granja: establecimiento que pertenece a la categoría designada en el artículo 1.1, párrafo tercero del Acta de Gestión del Medio Ambiente y destinada a la cría, engorde, mantenimiento, comercio, transporte y pesado de animales.
Artículo 2
Ver versión en inglés del resto de artículos.
Si le ha interesado esta noticia, probablemente le interesen los siguientes artículos:
- Éxito de la primera Conferencia sobre Gestión de Olores en el Medio Ambiente.
- Legislación sobre olores en Chile
- Proyecto de Ley sobre Contaminación por Malos Olores presentado en la Cámara de Diputados de Chile
- Aprobación de la nueva norma Chilena NCh3190, Calidad del aire - Determinación de la concentración de olor por olfatometría dinámica
- Legislación sobre olores en México.
We, therefore, having heard the Council of State, and in consultation with the States General, have approved and decreed as We hereby approve and decree:
article 1
The following definitions apply in this act and the provisions based upon it:
concentration area : concentration area South or concentration area East as indicated in annex I of the Fertiliser Act, or an area designated as such by municipal ordinance;
animal accommodation : a space, covered or uncovered, in which animals are kept;
odour emission factor : odour emission per animal, set by ministerial decree according to the animal category designated for this purpose;
odour sensitive object :building, intended for and according to its nature, organisation and layout suitable for use as human residence or stay and which is therefore used in such a way permanently or in a comparable manner;
odour nuisance : effects of the emission of odour on the environment;
livestock farm : establishment that belongs to a category designated pursuant to article 1.1, third paragraph, of the Environmental Management Act and intended for raising, fattening, keeping, trading, transporting or weighing animals.
article 2
1. In deciding on a permit for the establishment or amendment to a livestock farm, the competent authority takes into account the odour nuisance from odour intensity stemming from animal accommodation exclusively in the manner indicated under or pursuant to articles 3 through 9.
2. The first paragraph does not apply for the refusal of a permit with application of article 8.10, second paragraph, of the Environmental Management Act or for rules that are set with the application of articles 8.11, 8.44, 8.45 or 8.46 of the Environmental Management Act.
article 3
1. A permit for a livestock farm is refused if the odour intensity of the livestock farm on an odour sensitive object situated:
a. inside a concentration area, inside the built-up area, exceeds 3.0 odour units per cubic metre of air;
b. inside a concentration area, outside the built-up area, exceeds 14.0 odour units per cubic metre of air;
c. outside a concentration area, inside the built-up area, exceeds 2.0 odour units per cubic metre of air;
d. outside a concentration area, outside the built-up area, exceeds 8.0 odour units per cubic metre of air.
2. In contravention to the first paragraph, the distance between a livestock farm and an odour sensitive object which is part of another livestock farm, or that on or after 19 March 2000 has ceased comprising part of another livestock farm:
a. must be at least 100 metres inside the built-up area;
b. must be at least 50 metres outside the built-up area.
3. If the odour intensity, defined in the first paragraph, is greater than indicated in that paragraph, or the distance, defined in the second paragraph, is smaller than indicated in that paragraph, a permit, in contravention to the first and second paragraphs, is not refused if the odour intensity does not increase and the number of animals of one or more animal categories does not increase.
4. If the odour intensity, provided for in the first paragraph, is greater than indicated in that paragraph, the number of animals of one or more animal categories increases, and a measure aimed at reducing odour intensity will be applied, then a permit is granted for the change to the number of animals, to the extent that the increase of odour intensity resulting from this change does not amount to more than half of the reduction of the odour intensity that should be the result of the measure applied with a view to reducing odour intensity caused by the livestock population for which a permit was previously granted.
article 4
1. The distance between a livestock farm which keeps animals of an animal category for which no odour emission factor has been set by ministerial decree and an odour sensitive object must be:
a. at least 100 metres inside the built-up area;
b. at least 50 metres outside the built-up area.
2. In contravention to the first paragraph, the distance or the odour emission factor for fur-bearing animals will be set by ministerial decree.
3. If the distance, provided for in the first or second paragraph, is smaller than indicated in that paragraph, a permit, in contravention to these paragraphs, is not refused if the distance between the livestock farm and the odour sensitive object, situated at the distance provided for in the first or second paragraph, does not decrease and the number of animals of one or more animal categories for which no odour emission factor is set does not increase.
article 5
1. Without prejudice to articles 3 and 4, the distance from the outer surface of an animal accommodation to the outer surface of an odour sensitive object must be:
a. at least 50 metres within the built-up area;
b. at least 25 metres outside the built-up area.
2. If the distance provided for in the first paragraph is smaller than indicated in that paragraph, a permit, in contravention to the first paragraph, is not refused if the distance, provided for in the first paragraph, does not decrease and:
a. the odour intensity on the odour sensitive object which is situated within the distance listed in the first paragraph, and the number of animals of one or more animal categories, do not increase, or
b. the distance provided for in article 4 between the livestock farm and the odour sensitive object which is situated within the distance listed in the first paragraph does not decrease and the number of animals of one or more animal categories for which no odour emission factor is set does not increase.
article 6
1. A municipal ordinance may stipulate that within a part of the municipality’s territory a value applies other than the relevant value provided for in article 3, first paragraph, with the understanding that this other value:
a. is not less than 0.1 odour unit per cubic metre of air and not more than 14.0 odour units per cubic metre of air within a concentration area, within the built-up area;
b. is not less than 3.0 odour units per cubic metre of air and not more than 35.0 odour units per cubic metre of air within a concentration area, outside the built-up area;
c. is not less than 0.1 odour units per cubic metre of air and not more than 8.0 odour units per cubic metre of air outside a concentration area, within the built-up area;
d. is not less than 2.0 odour units per cubic metre of air and not more than 20.0 odour units per cubic metre of air outside a concentration area, outside the built-up area.
2. A municipal ordinance may stipulate that a different value or distance, provided for in article 3 or 4, set out in the ordinance may apply for odour sensitive objects that have served as part of a livestock farm.
3. A municipal ordinance may stipulate that within a part of the municipality’s territory a different distance is applicable than the distance provided for in article 4, first paragraph, with the understanding that this must be:
a. at least 50 metres within the built-up area;
b. at least 25 metres outside the built-up area.
4. A municipal ordinance may stipulate that within a part of the municipality’s territory a different distance is applicable for fur-bearing animals, with the understanding that this distance may not be less than the distance provided for in article 4, second paragraph.
article 7
1. In order to prevent an area from becoming less suitable for achieving the objective to be realised with the ordinance, provided for in article 6, the municipal council may decide to suspend permit application pending this ordinance.
2. In deciding to suspend application the council will decide for which area this applies and on which day this will take effect.
3. A decision to suspend application expires at the moment that the ordinance in preparation of which the decision was taken comes into effect. A decision to suspend also expires if the draft for the ordinance has not been put before the council within a year after the suspension decision has come into effect.
4. A suspension decision will be announced by making this decision open to examination. Article 3:42 of the General Administrative Law Act is applicable. Announcement regarding the preparatory decision will also be made electronically.
article 8
1. In determining the different value or distance, provided for in article 6, the municipal council must take at least the following into account:
a. the existing odour situation and that to be expected from the livestock farms in the area;
b. the importance of an integrated approach to contamination, and
c. the need for an equally high level of protection for the environment.
2. In determining the different value or distance the municipal council also takes into account:
a. the desired spatial layout of the area, or
b. the divergent correlation between odour intensity and odour nuisance.
article 9
If a different value or different distance than listed in articles 3 or 4 is defined for an area as provided for in article 6, and the effect from setting this other value or other distance affects the territory of a neighbouring municipality, the municipal council may only put the different value or distance into effect after consultation with this neighbouring municipality.
article 10
By decree from the Minister of Housing, Spatial Planning and the Environment, in agreement with the Minister for Agriculture, Nature and Food Quality, regulations are set regarding the manner in which:
a. the odour intensity, provided for in article 3, is determined;
b. the distance, provided for in articles 3 and 4, first paragraph, is measured.
article 11
The Interim Act on Urban Environmental Policy is amended accordingly:
1. Article 1, point h, is replaced by:
h. animal accommodation: animal accommodation as provided for in article 1 of the Odour Nuisance and Livestock Farming Act;
2. Article 2, point b, is replaced by:
b. to deviation of the values and distances, provided for in the articles 3, 4 and 5 of the Odour Nuisance and Livestock Farming Act.
article 12
In the annex relating to article 8:5 of the General Administrative Law Act, a passage is added to section C after part 5, reading as follows: 6. Article 7 of the Odour Nuisance and Livestock Farming Act.
article 13
The Act on stench emission from livestock farming in agricultural development
areas is repealed.
article 14
1. If an application for a permit is submitted before the time at which this act comes into effect with relation to such an application, the law applicable to such an application at that time remains in effect until the time at which the decision on the application has become irrevocable.
2. For the application of articles 3 through 6, a residence that was built on or after 19 March 2000:
a. on a lot that at that time was in use as a livestock farm;
b. in connection with the whole or partial decommissioning of the livestock farm, and
c. in connection with the demolition of the industrial buildings that were part of the livestock farm,
must be located at least 100 metres from a livestock farm within the built-up area, and at least 50 metres from a livestock farm outside the built-up area.
3. The second paragraph is accordingly applicable to an odour sensitive object that is present on the lot provided for in that paragraph.
article 15
This act comes into effect on a date to be determined by Royal Decree.
article 16
This act shall be cited as: Odour Nuisance and Livestock Farming Act.
Charge and order that this shall be published in the Netherlands Bulletin of Acts and Decrees and that all Ministries, authorities, boards and civil servants to whom it pertains shall see to the precise implementation thereof.
The State Secretary of Housing, Spatial Planning and the Environment, The Netherlands
