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Soil Protection Law and Reclaiming Soil Decontamination Costs in the Netherlands

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image of Journal for European Environmental & Planning Law

Dutch legislation with respect to soil protection and soil decontamination changed recently. Under the new legislation, the duty to decontaminate historical contamination of industrial sites in the Netherlands will rest on the owner or long-lessee of the industrial site, regardless whether the owner or long-lessee is the polluter. Besides, the new legislation focuses on a functional soil reclamation approach, instead of a multifunctional approach. In this article, a general overview of Dutch soil protection and liability law is given. Moreover, some (recent) European developments regarding soil protection and their possible effect on current Dutch soil protection legislation are discussed.

Affiliations: 1: University of Amsterdam, Faculty of Law, Center for Environmental Law, the Netherlands


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