Brief explanation of environmental rules

On this page

• What is the Establishment and Activity Decree BES
• Types of companies
• When to notify
• General binding rules
• Environmental permit
• Who supervises the rules and decides on the environmental permit

What is the Establishments and activities Decree BES

The environmental rules for companies in the Caribbean Netherlands are set out in the IAB BES. Because of these environmental rules, companies can undertake in a sustainable way. Furthermore nature and the environment of humans and animals becomes cleaner and safer. The decree determines when and what notification to make or whether you need to apply for an environmental permit. The decree also reduces regulatory burden and administrative burden for business as fewer companies have to apply for a permit.

More information can be found on the Establishments and activities Decree BES.

Types of companies

The decree contains four types of companies: type 1, 2, 3 and 4.

These types of companies are referred to as “establishments”. What type of establishment your company is depends on the activities your business carries out and the impact of these activities on the environment.

For type 1 and type 2 companies, the general binding rules of the decree apply.

Type 3 or 4 companies must apply for an environmental permit.

More information can be found on types of companies.

When to notify

Notification is only mandatory if your company is a type 2 establishment. A type 1 establishment does not need to notify.

The notification shall be sent no later than four weeks before the start or change of your business.

The notification needs to include data about, for example, the location, the activities of your company and the registration number at the Chamber of Commerce.

More information can be found on notification.

General binding rules

If your company carries out activities that have a  limited impact on the environment, your company is a type 1 or 2 company. For example, if you have a restaurant or garage.

These activities are listed in Annex I of the IAB BES.

For companies type 1 and 2 general binding rules apply. This means that the same rules apply to all companies. You do not have to apply for an environmental permit. The environmental rules are set out in the ministrial regulation establishments and activities BES (RIA BES) and in the Island Ordinance.

More information can be found on general binding rules.

Environmental permit

If your company carries out activities that are more complex or endanger the environment, an environmental permit is required. For example, if you keep many animals or disassemble motor vehicles.

Activities that need an environmental permit are listed in Annex I of the IAB BES.

Companies with an environmental permit are always type 3 or 4.

If you have a type 3 company, you apply for an environmental permit at the public entity.

If you have a type 4 company, you apply for an environmental permit at the Minister for Infrastructure and Water Management.

More information can be found on environmental permit.

Who supervises the rules and decides on an environmental permit

Those who supervise or comply with the environmental rules are allowed to grant a permit or to draw up regulations that deviate from the general binding rules are referred to as the ‘competent authority’.

The decree states who is the competent authority for the different types of establishments. Usually, the Executive Council is competent authority. The Minister is responsible for certain complex industrial companies.

More information can be found on competent authority