draagregel

The term draagregel refers to a Dutch legal principle that translates to "bearing rule" or "carrying rule" in English. It is a fundamental concept in Dutch administrative law, particularly within the context of environmental and planning regulations. The principle emphasizes that the burden of proof lies with the party seeking to carry out an activity that may have adverse effects on the environment or public interests. Essentially, it requires applicants to demonstrate that their proposed actions will not negatively impact the environment or violate existing regulations.

The draagregel is rooted in the idea of preventive environmental protection, ensuring that potential harm is avoided before it occurs. It is often applied in cases involving construction projects, industrial activities, or other developments that may affect air quality, water resources, wildlife, or public health. Authorities use this principle to assess whether a project complies with environmental standards and whether any necessary mitigations have been implemented.

In practice, the draagregel is frequently invoked during the permitting process for large-scale developments. Applicants must provide detailed environmental impact assessments, demonstrating that their plans adhere to legal requirements and minimize negative consequences. If the authorities determine that the proposed activity does not meet these standards, they may reject the application or impose conditions to ensure compliance.

The principle is closely tied to Dutch environmental legislation, such as the Wet milieubeheer (Environmental Management Act) and the Omgevingswet (Environmental Management Act), which aim to balance economic development with ecological sustainability. While the draagregel is primarily an administrative concept, its influence extends to judicial proceedings, where courts may uphold or overturn decisions based on whether the burden of proof was appropriately applied.