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The Law On Support For Peruskuivatustoiminnan

Original Language Title: Laki peruskuivatustoiminnan tukemisesta

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Law on support for basic drying activities

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

In order to improve the operating conditions of the farm economy and to reduce production costs, aid may be granted for basic drying operations under the State budget or from the Agricultural Development Fund, as provided for in this Act. Provides.

Support may be granted in the case of water (197/2011) To the Community or to property owners for the purposes of a common basic drying project established for the purpose of drainage, permanent alteration of the height of the average water height or water regulation. The benefits of the project will mainly focus on farmland and more than one farm. (27/05/2015)

ARTICLE 2
Support forms

State aid for the basic drying project shall be granted in the form of a grant. However, on application by the beneficiaries, a basic drying project may be implemented in part or in whole, if the project is substantial, with difficult technical or environmental problems, or other specific reasons. In this case, State aid can only be granted by State loans, or both grants and State loans.

ARTICLE 3
Definitions

For the purposes of this law:

(1) On the farm A farm economic entity, comprising one or more properties or part of the real estate, which belongs to the same owner or jointly the same owners or a step-by-step transfer of ownership to different owners;

(2) Basic drying The perkation and digging of streams and invaders, the construction of pipelines and the pengering of arable land to create sufficient conditions for local drying, in particular for drainage;

(3) On a basic drying project Basic drying work, whether under construction, under construction or under new conditions;

(4) Share-work A basic drying project benefiting from the aid under this law, in which the beneficiaries are themselves a builder or a developer;

(5) State work A basic drying project benefiting from support under this law, where the promoter is the centre of life, transport and the environment and the recipient of the work; (27/05/2015)

(6) Basic repair work A basic drying project in which the previously implemented project is completely or substantially renewed;

(7) On the shoulder The permanent vegetation covered by the permanent vegetation on both sides of the ditch, in accordance with Article 10 (1) of Chapter 5; and (27/05/2015)

(8) In the protective lane A permanently obscured area of vegetation on a permanent basis in a field designed to prevent access to water from the surface of the field, which may be used as a buffer or as a part of it.

§ 4
Expenditure to be financed

Support under this Act may be granted to the costs of the following basic drying project or part thereof:

(1) construction costs;

2) planning costs;

(3) the cost to the applicant of a special report on the purchase of a special report on water; (27/05/2015)

(4) damages resulting from the project as laid down by the Regulation; and

5. Compensation for discretionary environmental protection and management measures and other costs.

§ 5
Plan and delivery delivery

The granting of aid shall be conditional on the adoption of an acceptable plan for the basic drying project, including cost estimates and cost-buying.

The granting of aid may be made conditional on the project's plan being laid down in a water law delivery service even if the delivery service is not necessary on the basis of the water law. The plan shall be drawn up in accordance with the provisions of the Water Law and the provisions adopted by the Joint Undertaking without the supply of a basic drainage project. In the case of renovation work, the plan referred to in paragraph 1 may use the revised plan of the previous basic drying project.

ARTICLE 6
Protection and management of the environment

The grant of aid shall be conditional on the following aspects of the protection and management of the environment taken into account in the plan for the basic drainage project:

(1) adequate measures to reduce, where appropriate, specific water protection vehicles such as deposition basins and wetlands, in order to reduce the workload of the working woman and the post-job erosion;

(2) the formation of adequate protection lanes for the uits of the benefit area; and

3) objectives for the conservation or improvement of environmental values in the target area.

Where appropriate, the granting of aid may be subject to conditions relating to the protection and management of the environment.

§ 7
Economic conditions

The grant of aid shall be conditional on the cost of the basic drying project to be reasonable compared to the benefit to be achieved by the project. In addition to the benefits of drainage, the immediate and indirect benefits of the project, in particular for the environment and the urban fabric, will be taken into account. (27/05/2015)

The fields of exploitation of the project must be located, on their soil and other characteristics, that their continued cultivation is appropriate and likely.

§ 8
Grants

The contribution to the eligible costs of the basic drying project may not exceed 50 %.

However, for specific reasons, the maximum proportion of the grant referred to in paragraph 1 may be increased by up to 20 percentage points, as specified by the Regulation.

Notwithstanding the provisions of paragraphs 1 and 2, the compensation and other costs of discretionary environmental management measures referred to in Article 4 (1) (5) of this Law shall be fully eligible for assistance: Shall not be taken into account for the purpose of determining the other contribution granted to the project under Article 1 or paragraph 2.

§ 9
State loan

A total of up to 90 % of the eligible cost estimate for the purposes of State aid and the State loan shall not exceed 90 %.

The repayment term of the sovereign debt shall not exceed 15 years. However, a deferral may be granted for the payment of the annual instalments of the sovereign debt as provided for by the Regulation.

The annual interest rate on the sovereign debt is 3 %. However, the annual interest rate of the loan may be reviewed at the earliest, from the beginning of the third year of the loan, from the date on which the repayment of the loan has been imposed. The amendment corresponds to changes in the general interest rate since the loan was granted and may not exceed two percentage points. The revision of the interest rate is decided by the Ministry concerned.

The terms of the loan and the repayment of the loan are further specified by the Regulation. The relevant ministry may lay down more detailed provisions on the terms and conditions of the loan and the repayment of the loan.

ARTICLE 10 (27/05/2015)
Amendment of the aid decision

The financing decision may be amended at the request of the Community or the beneficiary, if the works have been completed or otherwise revealed, which, if known, had been able to significantly influence the decision. The decree of the Council of State may provide more specific provisions for the date of initiation of the application.

ARTICLE 11 (27/05/2015)
Extradition of State aid

After the completion of the State's work, a donor meeting is held between the industry, the transport and the environment and the community centre. The extradition meeting shall decide on the transfer of work to the drainage community, while at the same time taking responsibility for the management of the project. The decree of the Council of State may provide for more detailed provisions on the information and handling of the extradition meeting.

ARTICLE 12 (27/05/2015)
Project maintenance

The beneficiary Community or, if not established, the beneficiaries shall jointly ensure the maintenance of the basic drying process as provided for in the water.

ARTICLE 13
Re-distribution basic drying work

On the granting of aid and its conditions for the establishment of a property (554/1995) Shall be laid down in the basic drying work for the purposes of the reallocation.

ARTICLE 14
Liability for sovereign debt

In accordance with Article 27 (2) and Article 29 and Articles 18 and 19 of Chapter 12 of Chapter 5 of the Water Law, each beneficiary shall be responsible for the amount of the loan to be paid on the basis of the cost of the loan. (27/05/2015)

If the property owner is borrowing from the same project for more than one of his property, which consists of the holding referred to in Article 3 (1), the loans for these buildings shall be processed and recovered as a farm-per-farm entity.

§ 15
Bank law

The property shall be used as collateral for the execution of the future sovereign debt and its interest, as well as the cost of collection, such as the In Chapter 20 of Chapter 20 Provides.

ARTICLE 16 (22.12.2009/1481)
Sharing of sovereign debt and change of liability

Where the properties of the same sovereign debt as laid down in this Act and its interest belong to the different owners, the loan will be distributed between the owners of such property if the owners agree, the economic, transport and environmental centre Approve the agreement and the sharing of the rights of the holders of the lien and special rights whose status is deteriorating.

On behalf of the State, the granting of a loan may be authorised or consent to the release of the loan is granted if the recovery of the sovereign debt and its interest is not jeopardised. The granting of consent shall also apply to the provisions of Chapter 18 of Chapter 18 of the arch.

The above article, which provides for a property, also applies to the given sector, which has been given a legal cry.

The decision to approve or consent to an agreement within the meaning of this section of the Agreement on Trade, Transport and the Environment shall not be subject to appeal.

§ 17
Notification to the registration authority

Where the financing decision of the State work has been taken, a notification to the relevant registration authority of the lien and mortgage register referred to in Article 15 shall be notified without delay by the means of life, transport and the Agency. Each property of the property shall, in such a case, be reported as a proportion of the cost of the project calculated on the basis of cost estimates and cost purchase. The right of appeal shall lapse unless the notification has been submitted to the registration authority within one year of the adoption of the financing decision. (22.12.2009/1481)

When a decision has been taken after the project has been completed, the costs of which have been allocated to the buildings, and where the costs have materialised significantly higher than expected in the cost estimate, the economic, transport and the environment A notification to the registration authority, indicating the new amount of the State's claim. (22.12.2009/1481)

However, the notification referred to in paragraphs 1 and 2 shall not be made in the form of a capital allocation of a State which, under Article 2 (3) of Chapter 20 of the arc, may not be registered as a legal deposit.

The declaration referred to in paragraphs 1 and 2 shall, at the same time, reduce the amount of the deposit under Article 30 of Chapter 5 of the Water Act. (27/05/2015)

Where the State loan has been fully repaid or the property is otherwise exempt from the liability, the authority adjustable in accordance with the Regulation shall notify the relevant registration authority of the To do.

ARTICLE 18
Recovery of grants and termination of loan

The grant awarded under this Act shall be recovered in full or in full if:

(1) the grant was essentially wrongly awarded; or

(2) the beneficiary has provided erroneous information which has materially affected the grant or payment of the grant or has otherwise acted fraudulently.

The grant may be recovered partially or in full if the beneficiary has failed to comply with the conditions laid down in the grant decision or the work has not been completed.

The grant shall not be ordered to be recovered after 15 years after the award decision.

A loan granted under this Act may be terminated immediately or partially, if:

(1) the loan has been substantially misappropriated;

(2) the beneficiary of the loan has withheld information from or provided false information concerning the granting of the loan;

(3) any delay in payment of interest or repayment shall be more than 30 days from the date of collection;

(4) non-compliance with maintenance obligations or other obligations inherent in the supplier; or

(5) the beneficiary of the loan has failed to comply with the other conditions laid down in the loan decision.

The decision to terminate the grant referred to in this Article, or the decision to terminate the loan, shall be taken by the Centre for Enterprise, Transport and the Environment. However, in the case referred to in paragraph 4 (3), the decision to terminate the loan shall be decided by the State Treasury. (22.12.2009/1481)

§ 19
Interest on the redundancies and late payment

The rate of redundancy and the interest rate for the loan, as well as the interest for the late payment, shall be governed by the Regulation.

§ 20
Packages

Adequate loan, repayment of loans maturing or repayable may be recovered by means of enforcement without judgment or decision in the order in which taxes and charges are levied in accordance with the law on the enforcement of taxes and charges (367/1961) Provides. A grant or loan recovered to the State under this Act may be recovered through enforcement actions without prejudice to any possible appeal. However, the appeal authority may prohibit or impose a suspension.

ARTICLE 21
Tax exemption and exit ban for grants

Under this law, the grant of State resources is exempt from tax.

The grant awarded under this Act shall not be foreclosable for the execution of the other debts of the beneficiary.

§ 22 (11.4.1999)
Action on behalf of the client

Under the Holhouste Act (442/1999) , the trustee may, on behalf of its client, be allowed to take a loan within the meaning of this Act, from which the principal's property is a pledge.

ARTICLE 23 (22.12.2009/1481)
Enforcement authorities

The Ministry of Agriculture and Forestry, the economic, transport and environmental centres and the State Office shall be implemented by the Ministry of Agriculture and Forestry, as provided for in this Act and pursuant to this Act.

§ 24 (22.12.2009/1481)
Financing decision

The Centre for Food, Transport and the Environment shall decide on the grant of the grant to the participating Member State, as well as the granting of a grant and loan for the implementation of the project as State work. The financial decision shall be notified to the Environmental Protection Authority of the municipality.

ARTICLE 25 (22.12.2009/1481)
Control

The implementation and maintenance of the share works, as well as compliance with the associated financing conditions, will be monitored by means of transport, transport and environmental centres. The maintenance of State works and compliance with the related financial conditions are also subject to control by means of transport, transport and environmental centres.

The Ministry and the Transport and Environment Centres concerned shall have the right to carry out checks on the use of grants in respect of persons authorised to do so. The beneficiary of the grant is obliged to provide them with all the necessary account and other documents, as well as to assist in the inspection.

More detailed provisions are laid down by the Government Decree.

§ 26 (30.7.2004)
Notification

The notification of the decision is in force on the basis of the administrative law (2003) Provides.

§ 27 (31.1.2015)
Appeals appeal

The decision to appeal to the Agency shall be subject to appeal by the administrative court, as in the case of administrative law (18/06/1996) Provides. The competent administrative court is the one in whose jurisdiction the area or main part of the basic dry project is situated.

The statement of appeal may also be forwarded to the Centre for Enterprise, Transport and the Environment, which shall immediately forward the appeal, together with the documents collected and its opinion on the appeal to the administrative court.

The decision of the administrative court concerning the recovery of the grant or the termination of a loan shall be subject to appeal by the appeal to the Supreme Administrative Court as provided for in the Administrative Law. Otherwise, the decision of the Administrative Court may only be appealed against if the Council of State grants a licence.

ARTICLE 28
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted by the Regulation. Where appropriate, the relevant ministry shall lay down procedural rules and guidelines for the implementation of this law and shall adopt the necessary applications and decisions.

§ 29
Entry and transitional provisions

This Act shall enter into force on 1 November 1997.

This Act repeals the Law of 30 August 1963 on the State's participation in the costs of certain agricultural and water works (433/1963) And of the Law of 26 June 1970 on the management of certain water works (246/1970) Articles 2 to 4, Articles 2 and 3, as amended by Law 1317/1987.

The laws and articles referred to in paragraph 2 shall apply to the projects referred to in paragraph 2 for which the financing decision was taken before the entry into force of this Act. However, the necessary funds may be allocated from the Fund for Agricultural Development. Loans and grants awarded under the provisions referred to in paragraph 2 shall be recovered by the Treasury as a result of the transfer of loans and receivables from the administrative branch of the Ministry of Agriculture and Forestry to the Treasury Law (2006) Provides. (2) (2)

However, Article 14 (2) of this Law may also be applied for the purpose of recovering loans granted under the laws referred to in paragraph 2, on a farm-by-farm basis, if the party concerned makes an application, together with the necessary explanations, as a means of living, To the Transport and Environment Centre before the collection of certain receivables (682/1966) The maturity of the last instalment. (22.12.2009/1481)

NO 67/1997 , MmVM 9/1997, EV 115/1997

Entry into force and application of amending acts:

1.4.1999: BULL.

This Act shall enter into force on 1 December 1999.

THEY 146/1998 , LaVM 20/1998, EV 234/1998

30.7.2004/696:

This Act shall enter into force on 4 August 2004.

THEY 70/2004 , MmVM 6/2004, EV 70/2004

2.2.2007/82000

This Act shall enter into force on 15 February 2007.

This law shall apply from 1 January 2008. This law shall also apply to the Law on support for basic drying (187/1997) The loans granted before the entry into force of this Act. However, Article 29 (3) (3) and (4) of the Law referred to in Article 29 (3) shall apply from 1 May 2007.

This law shall not apply to the case pending on 30 April 2007 concerning the termination of a loan.

THEY 148/2006 , MmVM 12/2006, OJ 39/2006, EV 191/2006

22.12.2009/14:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

27.5.2011/593:

This Act shall enter into force on 1 January 2012.

THEY 277/2009 , YmVM 22/2010, EV 355/2010

31.1.2014/87:

The entry into force of this Act shall be regulated by law.

L 08/2014 Enters into force on 1 September 2014 75/2014 In accordance with

THEY 121/2013 , MmVM 17/2013, EV 186/2013