The Living Environment Activities Decree? I don't understand any of that!

On 1 January 2024, the Environment Act entered into force. At the same time, four AMvBs came into force, including the Living Environment Activities Decree (Bal). Especially in the beginning, this new legislation was not yet, or not fully, known to citizens and companies. At the time, there was also a lot of confusion about the rules it contained and how they differed from previous legislation. This lack of clarity caused many citizens and companies to commit violations without being aware of it.

Such was the case with the plaintiff in the North Holland District Court ruling of 22 January 2025. The plaintiff operated a car dismantling company and metal trade and violated the applicable environmental rules in the Bal with this business. An order for periodic penalty payments was therefore imposed on him on 30 August 2024.

The plaintiff disagreed with the imposed order. Namely, he argued that in August 2024, the Ball had only just come into force and he did not yet know the provisions of the Ball. The court did not follow this position of the plaintiff. It ruled that the plaintiff is expected to know the laws and regulations applicable to him. This applies in particular to the environmental rules that apply to his car dismantling company.

It is therefore important that as a citizen or business, you are aware of the applicable laws and regulations. Especially if, as a business, you fall under environmental regulations, vigilance is required. Do you have questions about the applicable laws and regulations, or are you facing enforcement because you violated the laws and regulations? If so, please contact Gerard van der Wende or Fleur Huisman.

The reads the ruling here.