Specific Enforcement of Environmental Law in Tilburg
The Environmental Act (Omgevingswet, Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific laws, with specific application in Tilburg. Article 5.1 of the Environmental Act grants authorities the power to apply coercive measures in cases of illegal constructions or environmental violations within the municipality, such as in industrial areas around the Spoorzone. The legal qualification focuses on breaches of environmental standards, tailored to local priorities.
The enforcement policy of the Municipality of Tilburg prioritizes risks, including Acute Hazard Zones (AGZ) in vulnerable natural areas near the Leij and the Wilhelminakanaal. Proportionality balances business impacts in the textile and logistics sectors against environmental protection, with attention to urban densification.
Practical Examples in Tilburg
In cases of excessive nitrogen deposition caused by local industry, the municipality may order administrative coercion, as seen in recent cases around the Port of Tilburg. The Council for the Living Environment advises a risk-based approach, aligned with Tilburg’s Environmental Vision 2025-2040. Case law (ECLI:NL:RVS:2023:789) assesses the necessity of measures, referencing regional cases.
Offenders in Tilburg have an obligation to provide information; non-compliance results in higher penalties imposed by the local enforcement unit. This framework encourages sustainable compliance and aligns with the municipality’s transition toward a circular economy.