Under the Urban Renovation Act (Wet stedelijke vernieuwing, Wsv), which was enacted in 2000, a total of 30 municipalities may apply for a grant out of the national urban renovation investment budget (Investeringsbudget stedelijke vernieuwing, ISV) in order to implement their urban renovation policy. Part of this budget is earmarked for soil clean up. The Government grants only part of the funds required so as to provide an incentive for the municipalities to ensure that the soil clean up in urban areas is carried out, sofar as possible, by third parties. It was intended that 50% to 70% will be financed by third parties in the first ISV-period (until 2005), while in the second ISV-period (from 2005 onwards) the percentage will increase to 75%. On account hereof 26 of the 30 municipalities designated as Wsv-budget-holders (the so-called direct municipalities) were invited by the Government to become a delegated authority under the Soil Protection Act (Wet bodembescherming, Wbb) with authority to issue clean up orders, in addition to the 4 municipalities already so delegated. As a result, they are in a stronger position to negotiate with polluters, owners and long-term leaseholders. For the time being, the State is still the only competent authority for ex-post recovery of ISV-monies based on the law of torts and for claims against any party which is unjustly enriched.
On 11 April 2002 the law firm Pels Rijcken & Droogleever Fortuijn organised a symposium "Wbb and Wsv - One Team for a Clean Soil: Legal Aspects of Soil Contamination within the Framework of the Urban Renovation Act". The symposium was held in The Hague, at Madurodam, for the newly delegated authorities under the Soil Protection Act. Speakers at the symposium were:
- Willem Braams LL.D.: "The Juridical Instruments of the Wbb: Curse or Blessing for the Wsv?"
- Monique Rus LL.M.: "Legal Instruments for the Issue of Orders: Deal with this First!"
- Frank Warendorf LL.M.: "Cost Recovery: (Im)possibilities at the End of the Course? Ex-post Recovery of ISV-Monies"
- Frank Mulder LL.M.: "Legal Instruments in Urban Areas: The Industries Regulation"
Click here for my speech in Dutch.
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