The Environmental Management Act (Wet Milieubeheer, Wm) 2004 was the main law concerned with the environment (“Milieu”) until the new framework law for the physical environment, called the Environment and Planning Act, came into force on 1 January 2024. Parts of the Environmental Management Act will merge into the new Environment and Planning Act. The following topics will remain regulated in the Environmental Management Act: substances, waste, greenhouse gas emissions, public access to environmental information and environmental liability.
- Substances (Ch. 9): deals with topics like genetically modified organisms and the obligations under the REACH regulation, containing rules for manufacturers, importers, and downstream users. They must ensure that the substances they produce, use or make available on the market are not harmful to human health or the environment.
- Waste (Ch. 10): This chapter contains the basis for the National Waste Management Plan (LAP). It contains rules on waste collection, disposal, separation, and transport. There are also additional rules or exceptions for some waste materials, e.g. electrical appliances (producer responsibility) and green waste.
- Greenhouse gas emissions (Ch. 16): The European Directive 2003/87/EC on greenhouse gas emission allowance trading is implemented, among others, in this chapter.
- Environmental liability (Ch. 17): Contains an obligation to report, and measures in the event of environmental damage or imminent threat thereof. It aims to encourage companies to minimise the risk of environmental damage, and is the implementation of the European Directive environmental liability (2004/35/EG).
- Public access to environmental information: The agreements made in the Aarhus Convention are implemented in this domain, and concerns public access to environmental information, public participation in decision-making and access to justice in environmental matters.
