Specific Enforcement in Environmental Law in Amsterdam
The Environmental Act (Ow) integrates enforcement from the General Administrative Law Act (Awb) and sector-specific laws, with specific application in Amsterdam. Article 5.1 of the Environmental Act grants authorities the power to impose coercive measures for illegal constructions in the canal belt or environmental violations along the IJ. The legal qualification focuses on environmental norm violations, tailored to urban density.
The Amsterdam enforcement policy, established by the municipality, prioritizes risks such as Acute Hazard Zones (AGZ) in industrial port areas and protected Natura 2000 areas around the Amsterdamse Bos. Proportionality balances business interests in the Zuidas against environmental protection of the Amstel.
Practical Examples in Amsterdam
In cases of excessive nitrogen deposition caused by constructions in East Amsterdam, the municipality may order administrative enforcement, such as the demolition of illegal structures. The Council for the Living Environment advises a risk-based approach for the city. Case law (ECLI:NL:RVS:2023:789) assesses the necessity of measures in densely populated areas.
Offenders in Amsterdam have an information obligation towards the Environmental Management Service; non-compliance leads to higher sanctions and potential closure. This framework promotes sustainable compliance in the capital, with attention to cycling infrastructure and green roofs.