WFD risk-analysis licensing for the construction and infrastructure sector

Many activities take place during the completion of construction and infrastructure projects that require reporting or permit obligations related to the WFD. Examples include water extractions, discharges and work carried out involving a WFD waterbody.

A previous study* by our experts has shown that it is unlikely the Netherlands will achieve the WFD goals, even with the planned additional measures. This has consequences for a large number of construction and infrastructure projects in the Netherlands.

When, under the Environment and Planning Act, they are put to the test of the WFD, there is an increased risk that these permits will not be granted or will be annulled by the administrative court. This can lead to serious obstacles to construction activities in the Netherlands. Depending on the location and nature of the project, the risk involved may be mitigated but can also have major consequences.

The Netherlands is heading towards a situation in which licensing in the construction and infrastructure sector can come to a standstill. This would cause serious disruption to the current challenges facing society involving the construction and infrastructure sector, such as the housing challenge or the construction of major infrastructure like bridges, locks and roads.

You can read the full Dutch report ‘A WFD risk analysis for licensing in the construction and infrastructure sector’ here.

*Read the Dutch report ‘Will the Netherlands achieve the WFD goals?’ here. The report was compiled together with FloLegal and TwynstraGudde on behalf of Natuurmonumenten in 2022.