Cluster 6.3.1 Environment Law

# Cluster 6.3.1 Milieuwetgeving ## Algemeen ### Geluid - Can be measured - By supervisors of noise, supervisors of the environment and OGPs (we don't) ### Lawai - Subjective, annoying and negative - We will have to mention objective elements in subjective determinations ## Betichtingswijzer...

# Cluster 6.3.1 Milieuwetgeving ## Algemeen ### Geluid - Can be measured - By supervisors of noise, supervisors of the environment and OGPs (we don't) ### Lawai - Subjective, annoying and negative - We will have to mention objective elements in subjective determinations ## Betichtingswijzer 92: GAS - Night noise (art 561 SW) - Art 245 codex prohibited between 22u and 6u - Any noise that may disturb the inhabitants and that is made unnecessary is prohibited (art 285 codex) - Betichtingsaanwijzer 92 is a subjective determination that can be made by any police officer - Betichtingsaanwijzer 64 is an objective determination by means of a noise measurement. This can be done by an OGP, environment supervisor or noise supervisor - The quality of our decisions: - The identity of the complainant never mentioned in PV (to be mentioned and registered in ISLP) - Correct address of the institution to be registered ## Construction after 22u - Don't give in to requests to stop activities - Call OGP for administrative seizure (not in the context of public order so we can't do it ex officio) ## Wet schauviege 01/01/2013 - Category 1: 85 db(a) Laeq, 15min - Category 2: ≥85 db(a) Laeg, 15min ≤ 95db(a)Laeq, 15min → environment permit class 3 (notification) - Category 3: ≥ 95 db(a) Laeq, 15 min ≤100 db () laeq, 60 min →environment permit class 2 ## Private Bescherming wet van 10/04/1990 - Supervision of / protection of movable and immovable property - Protection of people - Supervision / protection of the transport of valuables - Management of alarm centers - Supervision of control personnel with a view to ensuring safety - Accompanying groups and individuals with a view to road safety - Accompanying exceptional vehicles with a view to road safety ## Moeten in het bezit zijn van een identificatiekaart - All tasks have codes attached, EXE codes. They can be combined. ## Internal security services - External security company - If there is no authorisation from the establishment and no external company, this is illegal security. ## Violations - Weapons - only seizure in criminal proceedings - Examples: handcuffs no, handcuffs used as a boxing glove yes-> weapons law - Search - only if there is prior authorisation - Tips - not to ask for and not to accept ## Animal Welfare Act of 14/08/1986 - Explain the following terms with mention of ALL seen examples: ### Animal neglect: - A passive act. Denying the basic needs, being: - Water - Food - Care - Housing - Health ### Animal cruelty: - An active act. Knowingly causing pain or worse, such as: - Hitting, kicking - Abandoning an animal - Caudotomy (cutting the tail) - Cutting ears - Castration of piglets ## Visitatie - A visit in the context of animal welfare - Request to the police judge Animal cruelty is a criminal offence, but seizure is administrative. ## CITES/ Exotics - Never touch!!! Interrogation always Salduz - 3=> with invitation ## Environment - We are responsible for identifying environmental offenses, but not for environmental infractions (only by supervisors) - If there is any risk of soil, water or air pollution, immediately contact the permanent environmental surveillance via the blue line for the first observations and, if necessary, the fire service and OBP ## Living quality - Are the utilities - Example: half-way removed stairs, ceiling that collapses, broken appliances... - Not the same thing as home hygiene or neglect (squat/slum clearance) ### Exam #### Exam question - At 01.00 there is a complaint of noise nuisance coming from a particular bar. An “night noise” PV can be drawn up with code 92, but also a PV on protection against noise nuisance with code 64. - What is the difference between the two? #### Answer - Night noise (92) is subjective and can be written up by any police officer. - Noise nuisance (64) is objective, a measurement is taken by an OGP, environmental supervisor and noise supervisor #### Exam question - Explain all of the following terms with mention of all seen examples: - Animal neglect - Animal cruelty #### Answer - Animal neglect ☐ passive act, denying basic needs (water, care, food, health, housing - Animal cruelty □ active act, knowingly causing pain or worse (hitting and kicking, abandoning, cutting tail, castrating piglets, cutting ears)