Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to:
(1) promote, organise and coordinate the use of water resources and the aquatic environment so that it is socially, economically and ecologically sustainable;
(2) prevent and reduce the damage caused by water and the use of the aquatic environment; and
3) improve the state of water resources and the aquatic environment.
This law applies to cases of water management. In the case of water, which does not require authorisation under this law, the water pollution which causes water pollution is subject to the environmental protection law. (177/2014) Provides. (27/06/2015)
For the purposes of this law and otherwise in accordance with this law, it shall be complied with under the Nature Conservation Act (1096/1996) , in ancient memory law (185/1963) And the Land Use and Construction Act (132/1999) , as well as those provided for or prescribed.
Environmental pollution prevention is laid down in the Environmental Protection Act, water supply in the water supply (19/2001) , for dam safety in the law on dam safety (494/2009) , on the prevention of health damage in health protection (763/1994) And the organisation of water management in the Law on the organisation of water management and management (1299/2004) .
For the purposes of this law:
(1) On water management The implementation of water management projects and other management of water resources and the aquatic environment;
(2) In the waters Other than an area bordering on a temporary basis under Article 5;
(3) River basin The lake, the pond, the river, the stream and the other natural waters, and the reservoir, the canal and other artificial water areas; however, there is no elephant, ditch and source;
(4) By the river A watershed of water with a catchment area of at least 100 square kilometres;
(5) By brook Water from the water which is lower than the river;
(6) Norway A stream of water which is smaller than 10 square kilometres of water, with no continuous flow of water or a significant possibility of fish running;
(7) Groundwater, Water in land or bedrock;
(8) On aquifers The saturated zone with a single water word for stored groundwater;
(9) Water economy project Any operation or installation in the water or land area which may affect surface or groundwater, the aquatic environment, the water economy or the use of water;
(10) For the project The applicant or the holder of the authorisation, or any other entity responsible for the preparation, implementation, operation, maintenance or pursuit of the water management project;
(11) Hydroelectric power On the basis of the average flow rate and the corresponding waterfall, the power to be calculated for a particular part of the water;
(12) Hydroelectric power plant A plant for the purpose of exploiting the hydroelectric power of the water, with its installation;
(13) On a general path The fairway in the water, which according to this law has been designated as a public thoroughfare or a general local waterway;
(14) On the private passage A passage other than that in the waters referred to in points 13 and 6;
(15) In the specific area introduced The site, the place of construction, the garden, the place of storage, the bathing area, the port area or any other such country or waters;
16) The water supply facility A community water supply facility within the meaning of the water supply law; and
(17) In dredging mass Soil and sludge removed from the bottom of the water area.
The provisions of this law on fish and fishing also apply to leather and crab and to their catches.
As far as water is concerned, the law also applies to the territorial waters and the economic zone of Finland.
For the purposes of this law, the river basin shall be regarded as the boundary of the river basin.
If the water level or the status of water and land changes or has changed, the water limit shall be determined by the water levels after the change.
The sea and land border is governed by the law on the boundaries of the territorial waters of Finland (463/1956) The territorial boundary of territorial waters.
For the deepest part of the river, the free flow of water, the passage, the uproar and the passage of the fish ( Power channel ). As far as the freeway is concerned, this law also applies to the strait or narrowness of a river in which traffic is regularly carried out or where the fish is usually transported.
The main highway is one third of the width of the river basin. However, when transport or swimming is carried out on a regular basis, the width of the freeway shall be at least seven metres.
The authorising authority may, upon application, confirm the width and location of the power channel. If important reasons are required, the freeway may be made wider or narrower or its position elsewhere than those provided for in paragraphs 1 and 2.
The Office shall act as a licensing authority within the meaning of this Law. The competence of the municipality's environmental protection authority and the supply of drainage is laid down in Chapter 5.
Centre for Food, Transport and the Environment ( State supervisory authority ) And the municipality's environmental protection authority shall act as supervisory authorities within the meaning of this Act.
The fisheries authority within the meaning of this law is the responsibility of the industry, the transport and the environment, to which the fisheries sector belongs.
The water contained in the water tank and in the well and other water takers shall be owned by the vessel to which the tank, the well or the water tater belongs. The water in the source and the tea pond is owned by the owner. Other open water and groundwater shall be subject to the limits laid down in this Act, subject to the other right of the water or land concerned.
In a river or stream, which is part of two different buildings or two properties, the owner of both sides is entitled to equal parts of the water flowing from it.
The rights and obligations laid down in this Act concerning a water or land area shall belong to the owner of the territory, unless otherwise specified below or separately.
A common area of the right to use the common area is governed by the Common Area (18/08/1989) .
Unless otherwise provided for by law, everyone shall have the right to cause unnecessary damage, harm or disturbance:
(1) navigable in water and ice;
(2) temporarily anchor in the water;
(3) extract timber in the water;
(4) swimming in water; and
(5) temporary transfer of gears and other movable objects in the main highway or in the general passageway and other movable objects that hinder the movement of the timber or the timber, and the movable object outside the channel which is unreasonably harmful; Or prevent the lumber from being upland.
Paragraph 1 shall also apply to the area outside the river basin boundary referred to in Section 5 of Chapter 1, when it is covered by water.
Everyone has the right, otherwise than permanently, to take water or ice for personal use in the waters and the area outside the river basin boundary referred to in Chapter 1, Section 5, when it is covered by water. Every person shall also have the right to occasionally take a low level of water or ice from another standard or source which is not the permanent use of its owner or other person. Other water is provided for in Chapter 4.
The taking of water or ice pursuant to paragraph 1 shall not cause a disturbance or minor disturbance to the owner or other holder of the territory of the area.
For the purposes of a private article, the owner or the owner of the beach has the right to place the beach in a water body, even though he is not the owner or owner of the water area, the boat anchorage or buoy, or the construction of another waterfront; The platform, the boathouse, or any other similar structure. A condition of the right is that the construction or operation of the structure does not require authorisation pursuant to Section 2 or 3 of Chapter 3 and may take place without causing damage to the owner of the water area or inconvenience. However, such a right does not exist in the waters of particular use.
Without the consent of the owner of the water area, the person suffering from the slurry, shallower or other waterborne use shall, without the consent of the owner of the water area, perform the necessary measure to remove the Improvement. As a condition of the right, the measure does not require authorisation pursuant to Article 3 (2) or (3) of Chapter 3, nor does it give rise to significant damage to the owner or the environmental pollution referred to in Article 5 (1) (2) of the Environmental Protection Act. Water area. The same applies to the placement of dredging in another water area. (27/06/2015)
The siting of the dredging mass into the other land requires the consent of the landowner. However, the authorising authority may grant a right to a dredging mass if its location does not cause any harm to the use of the site and does not need to be subject to an environmental authorisation for the purposes of environmental protection.
The measure referred to in paragraph 1 and the manner in which the work is carried out shall be notified to the owner of the water area at least 30 days before the operation is carried out. In accordance with Article 26 (3) of the Joint Regional Law or by submitting a declaration to all known shareholders, a declaration may be submitted to the unorganised subdivision of the common area. The measure shall also be notified to the State control authority as provided for in Article 15 of this Chapter.
A water economy shall be carried out and water resources and water areas shall otherwise be used in such a way that there is no avoidable public or private interest if the purpose of the project or operation can be achieved without undue cost The increase in the total costs and the harmful consequences of the injurious effect.
The water management system which is located in the area of the Saami region or which has an impact on it must be carried out in such a way that it does not, to a greater extent, impair the ability of the Sami to exercise their rights as indigenous peoples And develop their culture and engage in traditional economic activities.
The owner of the construction of the installation shall keep the structure in such condition that there is no risk or any harmful or harmful consequences that are of public or private interest.
Without the authorisation of the licensing authority, it shall not be allowed to remove the structure that affects the water level or the water running. The granting of the authorisation is conditional on the fact that the removal of the structure does not significantly infringe the public or private interests.
The decision to remove the building shall be accompanied by the provisions necessary for the protection of the public or private interests. The loss of interest due to removal shall be replaced. However, anyone who has not contributed to the cost of the project is not entitled to compensation for the loss of an advantage resulting from the removal of the project.
The owner of a Norwegian, a ditch or a pool shall not prevent or alter the free running of the water, to the detriment of the uits, without its consent. No consent is required if the need for a project is required by the owner of the uoma or the pool. If a person below takes water for the purpose of a real estate economy, the above may not be used for other purposes to the extent that the supply of the necessary water for the sub-real estate economy below is prevented. The exercise and the accompanying measures are laid down in Chapter 5.
There shall be no prohibition of the risk of a natural state of up to 10 hectares of flada, lake or spring, or of a pond or lake in the province of Lapland, or of a lake of up to one hectare.
The authorisation authority may, in an individual case, grant an exemption from the prohibition of paragraph 1 where the conservation objectives of the types of water listed in the article are not seriously compromised. Where the effect referred to in paragraph 1 would arise from a project for which an application for authorisation was sought under this law, the issue of an exemption shall be examined on the occasion of the authorisation. The derogation shall apply mutatis mutandis to the authorisation of the licensing authority.
The project responsible for the project may be granted the right to a secondary area with its buildings or other structures, provided that the area is necessary for the purpose of the water management system in place:
(1) equipment, building or other construction, and their operation and maintenance;
(2) as a basis for a water area or new bathing area in accordance with Article 5 (2) of the new Chapter 1;
(3) the establishment of a removal country; or
(4) a device or structure for the protection of the public or private interests and for their use and maintenance.
The right shall be granted on a permanent or special basis. The area may only be used for the purpose for which the right has been granted.
The issue of the granting of the right shall be settled by the licensing authority in the case of a permit or a separate application. The loss of interest resulting from the granting of the right shall be replaced as provided for in Chapter 13.
The right to an area or structure referred to in Article 12 may be granted if the conditions laid down in Article 4 (1) (2) of Chapter 3 exist for a water economy and the applicant is in control of the right to property or of permanent access For more than half of the territory required. In the event of a question to the applicant and other areas of common interest, the granting of the right shall be subject to the fact that the area affected by the measure is not required to have an appreciable proportion of the applicant's share of the common area.
Subject to the conditions laid down in paragraph 1, where the conditions set out in Article 4 (1) of Chapter 3 exist, the right shall be granted:
(1) make a small construction of a water catchment area or a common area without substantially changing the water;
(2) temporarily raising water to another area of activity;
3. Carry out perseasonal work in another area;
4) to a minor extent to correct or widen the uoma; or
(5) invest the removal of land in the territory of another country or water, but not in a specific area.
Where a water management balance is required and the conditions for granting the authorisation are in place, the applicant may be granted the right to a second region or its own redemption, even if the conditions laid down in paragraphs 1 and 2 are fulfilled Are missing.
Where a building, an institution or any other building whose removal is not covered by a right granted under Articles 12 and 13, prevents the establishment of a water economy, the authorising authority may, under the conditions laid down in Article 3 (4), grant the right to: To remove, modify or exploit.
The decision to grant the applicant the right to remove or alter the structure of the institution is to the owner of the structure, if required by it, to make it possible within the time limit itself to carry out the removal or modification of the structure. In that case, the applicant shall reimburse the reasonable cost of the operation to the owner of the installation.
If the owner wishes to remove the structure for which the other has been authorised and which is still required by the user, the authorising authority may grant the latter the right to claim it. The redemption price is determined according to the then value of the construction, taking into account the possible cost of construction to the owner, and the damage that may be caused by the construction of the construction site in another area.
At least 30 days before the date of commencement of the measure, the project shall be notified in writing to the State control authority:
1. The measure referred to in Article 6 (1);
(2) the taking of the soil from the bottom of the water, if the inclusion does not require authorisation under Section 2 or 3 of Chapter 3;
(3) the abstracting of surface water and groundwater when the quantity to be taken is more than 100 m3/day and the inclusion does not require authorisation under Section 2 or 3 of Chapter 3.
The notification shall include information on the project, its manner of implementation and the environmental impact. If the notification concerns the activities referred to in Article 6 (1), the notification shall also include information on the other projects planned in the affected area, which are known to the project.
The decree of the Council of State may provide for more detailed provisions on the manner in which the notification is submitted and the information to be included in the notification.
The provisions of this Chapter shall apply to all water management projects, unless otherwise specified.
A water economy project shall be authorised by the licensing authority if it can change the status, depth, water height or flow of water, the beach or the aquatic environment, or the quality or quantity of groundwater, and this change:
1) poses a risk of flooding or a general lack of water;
(2) cause the deterioration of nature and its functioning, or the deterioration of the water or groundwater status;
(3) a significant reduction in natural beauty, environmental amenity or cultural values or the suitability of water for recreational use;
4) poses a risk to health;
(5) substantially reduce the anatomy of an important or other groundwater presence which is suitable for water supply, or otherwise degrades its usefulness or otherwise causes damage or damage to the water supply or the use of water as an economy;
(6) cause injury or harm to fishing or fish stocks;
(7) causing injury or harm to water transport or the union of timber;
(8) endangers the preservation of the natural state of the creek; or
(9) in any other comparable way, it is an infringement of the public interest.
In addition, a water economy project shall be authorised by the licensing authority if the change referred to in paragraph 1 causes a loss of interest in another waters, fishing, water, land, property or other property. However, authorisation shall not be required if the loss is incurred solely for the private benefit and the holder has given his written consent to the project.
The authorisation authority shall also be required to:
(1) a modification of an elephant or a ditch or a water run which causes damage to another country if the person concerned has not given its consent and is not an outlet within the meaning of Chapter 5;
(2) the use of an installation in a water area causing a disturbance to the use of another property and the person concerned has not given its consent.
Authorisation shall also be required to modify the authorised water management system if the change offends the general or private interests within the meaning of paragraphs 1 to 3.
Irrespective of the consequences referred to in Article 2, the following water management schemes shall always be authorised by the licensing authority:
(1) the closure or reduction of the power line or the general course or the swimming pool and the setting of a device or other obstacle to the use of the colour of the colour;
(2) taking water to a water supply facility or a water supply installation to supply or transferring water to other places, as well as other groundwater, when the quantity to be taken is more than 250 m3/day, as well as any other measure resulting from: For aquifers, no less than 250 m3/vrk;
(3) the absorption of water in order to make artificial groundwater or improve the quality of groundwater;
(4) the establishment of a bridge or a transport device over the general course of transit or power, and the conclusion of a tunnel, water, sewerage, power or other management under such a fairway;
(5) conversion of land into a permanent water area by an increase in water quality;
(6) construction of a hydroelectric power station;
(7) dredging of the waters where the dredging mass exceeds 500 m3, unless it is a matter of maintaining public transport;
(8) the disposal of dredging pulp in Finland's territorial waters in the absence of a negligible amount of dredging;
(9) the incorporation of soil from the bottom of the waters to non-conventional domestic use;
10. The establishment of an unutenable permanent business.
A permit shall also be required to modify the installation, structure or use of the authorised body, referred to in paragraph 1, if the change offends public or private interests.
A permit to a water management project shall be granted if:
(1) the project does not have an impact on public or private interests; or
2) the benefits of the project to public or private interests are significant in comparison with the general or private benefits of the project.
However, the authorisation shall not be granted if the water economy endangers the general health or safety of the environment, causing significant adverse changes in the natural environment or in its waters and in its operation, or in the event of a major deterioration in the Accommodation or trade conditions.
The applicant must have the right to the project areas. If the applicant does not own the territory or has a permanent right of access, the authorisation shall be granted subject to the granting of the right to use the territory as provided for in Chapter 2, or by the applicant to provide a reliable explanation for it, How to organise the area.
When deciding on the authorisation, account shall be taken of the layout. In addition, account must be taken of the legal effects of land use and construction as laid down in land use and building law.
When deciding on the authorisation, it is considered that the authorisation does not significantly impede the development of the formula.
When considering the conditions for granting authorisation, the benefits and losses resulting from a water management project for the public interest shall be assessed in general terms. The value of the valuation may be used if the value of the benefit or loss can be determined in monetary terms.
The assessment shall take into account the characteristics of the water management plan and the sea management plan provided for in the Water Management Plan and the Maritime Management Plan. The assessment shall also take into account the provisions of the Law on flood risk management (1920/2010) The flood risk management plan sets out the flood risks and the objectives of the management of the project in the area of impact of the project and of the measures to be taken to achieve the objectives. (30.12.2013/1193)
When considering the conditions for the granting of a licence, the private benefit of a water economy project shall be taken into account for the increase in the value of the assets resulting from the improvement of the productivity or availability of the land or water or other assets, and The immediate benefit of the project.
The private loss resulting from the project shall be taken into account:
(1) the right to use or redeem the applicant;
(2) the costs of the damage and the rights of use for which the applicant has been specifically suited for carrying out the project with the party concerned, and the costs of acquiring the territories voluntarily transferred to the applicant; and
(3) other losses incurred by the non-participant in the project and the date on which this law applies.
Authorisation shall be granted for a limited period or for specific reasons.
The period in force so far shall provide for the time for the implementation and implementation of the water management project. The time limit for carrying out the project shall not exceed 10 years and shall not exceed four years.
In particular, before the expiry of that period, the authorising authority may extend the period referred to in paragraph 2. The extension decision may revise or supplement the provisions of the authorisation.
The provisional authorisation shall expire at the end of the period unless otherwise specified in the authorisation decision.
For the time being, the authorisation in force shall lapse if the measures required by the authorisation decision have not been materially implemented or implemented within the time limit specified in the authorisation decision or within the period referred to in Article 8 (3).
Access to property rights granted in the authorisation decision shall lapse at the time of expiry of the authorisation. The same applies to redemption, unless ownership has already been transferred to the licence holder.
The authorisation decision shall include the necessary provisions:
(1) the avoidance of harm arising from the project and its implementation, as provided for in Sections 7 and 8 of Chapter 2;
(2) landscaping and other forms of work; and
(3) measures and equipment necessary for the maintenance of the water and groundwater status.
In addition, the authorisation decision of a project affecting water level or water running water shall, where appropriate, lay down provisions on maximum or minimum water levels and the organisation of water running.
Where, according to this law, a project subject to authorisation will result in environmental pollution in the water area within the meaning of Article 5 of the Environmental Protection Act or its risk, the provisions of the environmental protection law shall also apply to the provisions of the Environmental Protection Act. Authorising the granting of authorisation. (27/06/2015)
The exercise of the right of consent may be limited to a specific purpose.
The authorisation shall specify, where appropriate, the authorisation holder to monitor the implementation of the project and its effects. A licensing authority, or on its orders, by a State supervisory authority or a fishing authority, may impose a number of licence holders together to monitor the impact of their activities ( Joint surveillance ) Or to approve the monitoring of activities in the area of participation. Joint surveillance may also apply to the Environmental Protection Act and to this Act. The decision on monitoring may give the right to carry out surveillance measures in another area. The loss of interest shall be replaced by the provisions laid down in Chapter 13.
The authorisation holder may be required to submit a monitoring plan for the further organisation of the surveillance referred to in paragraph 1 for approval by the licensing authority or by the authority designated by it in time for the monitoring to be started: At the start or at any time appropriate to the effects of the action.
In spite of the validity of the authorisation, the issuing authority may amend the decision by the issuing authority. The case may be initiated at the initiative of the deciding authority or at the request of the authorisation holder, the supervisory authority, the public interest authority, the municipality or the affected party. The decision on joint surveillance shall always be amended where a new authorisation holder is required to participate in the joint monitoring exercise.
When setting a monitoring obligation, account shall be taken of the need for monitoring to be carried out under the water management monitoring programme referred to in the Law on Water Management and Management. The project monitoring data may be used for monitoring under the Law on Water Management and Management and for the establishment of a river basin management plan.
A decision on the adoption of a joint surveillance or monitoring plan, or a decision to modify them, shall be taken in accordance with the provisions of the Administrative Act, as appropriate. (2003) , unless the decision is taken when granting or amending the authorisation. The decision shall be made after a statement of reasons and shall be communicated as provided for in Article 22 of Chapter 11 of this Act, as provided for in Article 22 of this Act. The decision to review the decision is set out in Article 1 (3) of Chapter 15.
The project, which is affecting the highlands or the general way of transport, must be carried out in a permit decision so that traffic can continue to be carried out without any significant inconvenience.
If the project is carried out in a river that is relevant to the uproar, the project responsible for the project must be required to make the necessary equipment and structures to ensure the flow of timber and to protect the project Constructions from the damage caused by the uproar.
If, as a consequence of the project, the interruption or significant deterioration of the connection to the water area, the ice or the beach, or a significant deterioration, the project manager shall be obliged, in the authorisation decision, to take the path or to answer the following: Or to take other measures to provide a means of transport that meets the requirements of a reasonable standard.
In the event of damage to fish stocks or to fishing, the project must be obliged to take measures to prevent or reduce the damage ( Fishing obligation ) Or to pay a fee corresponding to the reasonable cost of such measures to the Fisheries Authority ( Fisheries levy ).
The obligation to fisheries, the payment of a contribution or the combination of such a combination shall take into account the quality of the project and its impact, other management measures in the area of damage and the fisheries arrangement. The implementation of the measures in the fisheries sector shall not result in excessive costs for the project as compared to the benefit to be achieved.
The fisheries obligation may be a fishing vessel, a fishing economic rehabilitation measure, planting or other fisheries management measure, or a combination thereof. Where appropriate, the fisheries obligation may include monitoring of the effectiveness of the measures in the waters affected by the injurious effect of the project.
The contribution shall be made to the planning and implementation of the measures referred to in paragraph 1 and to the monitoring of their effectiveness in the waters affected by the harmful effects of the project. The authorising authority may provide the Fisheries Authority with provisions for the use of the fee.
A detailed plan shall be drawn up for the implementation of the fishing obligation imposed in the authorisation ( Plan for implementation of the fishing obligation ). The Fisheries Authority shall adopt the implementation plan for the fisheries obligation. However, it will not be necessary to draw up a plan if the fisheries obligation is low and its content is provided for in detail in the authorisation.
The Fisheries Authority shall adopt a plan specifying the measures to be taken in the fisheries sector ( The operating plan for the fishing fee ). A common plan may be drawn up for the use of certain fisheries levies to prevent damage to the same water area.
The decision to approve the implementation plan for the fisheries obligation and the establishment plan for the fishing levy shall be adopted in accordance with the Administrative Law. The decision shall be made after a statement of reasons and shall be communicated, as provided for in Article 22 of Chapter 11, for the adoption and information of the decision. The decision to review the decision is set out in Article 1 (3) of Chapter 15. The decision may be amended on behalf of the post or at the request of the supervisory authority, the authority responsible for the public interest, the municipality or the affected party.
The authorising authority may, in a reasoned decision, authorise the applicant to take the preparatory measures for the implementation of the project prior to the adoption of the decision ( Preparation permit ). The measures shall be identified as necessary in the authorisation decision. The second area may be used for the above measures only if such rights are established or otherwise agreed by rightholders.
A preparation permit may be granted if:
(1) preparatory measures may be carried out without causing significant damage to the use or nature of the other waters; and
(2) after such measures have been carried out, the circumstances may be substantially restored if the authorisation decision is revoked or the terms of the authorisation are changed.
The authorisation may, under the same conditions, be granted within a period of appeal or within 14 days of the date of the lodging of a complaint. The application shall be subject to consultation with the supervisory authorities and to the decision to amend the permit. The decision must then be taken without delay. The preparatory authorisation granted shall be notified immediately to the administrative court and to the applicants. Anyone who has complained about the decision taken in the main proceedings may, in administrative court, require the decision on the authorisation to be annulled or amended, without being individually deplored.
In the decision on the authorisation, the applicant is, unless the applicant is a State, a municipality or an association of municipalities, an obligation to provide an acceptable security before taking any action, unless this is manifestly unnecessary. The guarantee shall cover the compensation of damage, damage and costs which may be caused by the repeal of the decision or modification of the terms of the authorisation. The liberalisation of the security shall apply in accordance with Article 20 of Chapter 11.
The authorising authority shall determine whether the compensation provided for in the authorisation decision or part thereof shall be carried out before the measures referred to in the preparatory authorisation are taken. The compensation may be raised against eligible collateral. The decision of the authorising officer referred to in this paragraph shall not be subject to appeal.
The decision on the authorisation will be implemented in spite of the appeal. The Court of Appeal may order the continuation of the measures to be suspended or restricted. The appeal against the Convention must be treated as a matter of urgency.
The project shall inform the licensing authority and the State control authority of the completion of the water management project or the introduction of a construction project ( Declaration of completion ).
The project to change the average water level or to regulate the water supply must be completed if measures are taken to implement the project.
The licensing authority may, on application, authorise the suspension of the project referred to in paragraph 1. The granting of the authorisation is subject to the condition that the suspension of the project does not significantly affect the public or private interests.
The decision on the suspension of the project must provide for the project to take the necessary measures to prevent damage and harm resulting from the interruption and to provide compensation for the damage caused by the suspension.
The authorisation decision currently in force may provide for a review of the project's water environment and its use, within the time limit, if this is necessary to avoid any significant damage to the project.
In such a case, the authorisation decision shall provide for the date by which the holder of the authorisation shall bring the timeliness of the identified permit requirements into consideration by the licensing authority and what studies shall be presented.
The licensing authority shall deal with the matter as appropriate, such as an application for authorisation. Where the holder of the authorisation has not submitted an application within the time limit, the authorising authority may, on application by the State's supervisory authority, or with prejudice to the application, order the authorisation to lapse, and shall adopt the necessary provisions.
The authorising authority may, upon application, revise the permit provisions and adopt new provisions if:
(1) the implementation of the project, in accordance with the permit requirements, results in adverse effects which are not foreseen when the licensing provisions are adopted and which cannot otherwise be sufficiently reduced;
(2) the implementation of the project in accordance with the permit requirements results in adverse effects due to changes in circumstances which cannot otherwise be sufficiently reduced;
(3) safety reasons for this purpose; or
(4) floods or droughts may present a general hazard to human life, safety or health, major damage to public interest or major and extensive damage to the private edu, and these effects may not otherwise be sufficiently Reduce.
Save as otherwise provided in the authorisation decision, an application for the revision of the permit conditions or for the adoption of new provisions pursuant to paragraph 1 (1) shall be made within 10 years of the date of completion of the completion declaration in accordance with Article 18.
The revision of the permit provisions or the adoption of new provisions pursuant to paragraph 1 (2) to (4) shall not be allowed to reduce the benefits of the project. Non-minor interest losses resulting from the revision or the adoption of new provisions shall be determined by the applicant, mutatis mutandis, as provided for in Chapter 13. In the event of a revision of the permit requirements or the adoption of new licensing provisions pursuant to paragraph 1 (4), the compensation for any loss of interest shall also be subject to the provisions of Article 6 (1) of Chapter 18.
Pursuant to Article 1 (1) (1) to (3), the application of the authorisation provisions of the application or the adoption of new provisions may be made by the holder of the private interest concerned, the municipality, the supervisory authority or the authority of general interest. Pursuant to point (4) of the application, the State supervisory authority may take into account the provisions of Chapter 18, Section 3a. The licensing authority shall deal with the matter as appropriate, such as an application for authorisation.
The authorising authority may, upon application, amend the provisions on the obligation to fish and the fishing industry if circumstances have materially changed. In addition, an obligation which has proved to be economically inappropriate may be revised if the fishing performance of the obligation can be improved significantly without increasing its implementation costs.
If the contribution to the fishing industry has been made annually and the cost level on which it is based has changed, the EFF shall levy an increase in the cost of the charge accordingly. This amendment is to be carried out in full compliance with the criteria laid down by the licensing authority.
If there is disagreement on the revision of the fee, the application may be submitted to the licensing authority. The EFF shall, without delay, reimburse the part of the recovery charge which exceeds the amount of the fee imposed by a decision of the licensing authority.
If, when implementing a water management project, it is found to be appropriate to amend the permit provisions, the authorising authority may, on application by the holder of the authorisation, amend the permit provisions. It is necessary to change the fact that the amendment is of minor importance and does not, in any event, affect the right or the interests of another. The licensing authority shall deal with the matter as appropriate, such as an application for authorisation.
The licensing authority may, upon application, order the authorisation to lapse if:
(1) there is no longer a licence holder or the authorisation holder cannot be identified;
(2) the project has lost its original meaning; or
(3) the authorisation holder requests it.
In the case referred to in paragraph 1 (2), the authorisation holder shall, if required, provide an opportunity for the refurbation of the structure of the project or any other measure to which the benefit of the project was based. May be redeemed. The measure must be ordered, within a reasonable period of time, to ensure that the authorisation lapses and the obligations imposed by Article 25 enter into force.
In the case referred to in paragraph 1 (1) and (2), the application of the application shall apply as provided for in Article 14 (14). In the case referred to in paragraph 1 (3), the applicant may, with the consent of the authorisation holder, also act as a party.
The decision on the expiry of the authorisation shall lay down the provisions necessary to remove the structures of the project referred to in the authorisation, taking into account the provisions of Article 9 (2) and (3) of Chapter 2 and Article 24 (2) of this Chapter. In addition, the provisions of Section 14 (4), (5) and (8) of Chapter 14 apply.
In the case referred to in Article 24 (1) (1), the applicant may be authorised in the decision to maintain the structure and the right to redeem the structure free of charge. In the case referred to in paragraph 2, the corresponding authorisation may also be granted in the case referred to in paragraph 2 if the owner of the structure has surrendered to the applicant.
The decision on the expiry of the authorisation shall stipulate that the rights of access to the other property shall lapse. The same applies to redemption, unless ownership has already been transferred to the licence holder.
The provisions of this Chapter shall apply to the taking of surface water and groundwater. For the purposes of this chapter, water abstracting means water abstracting from water, norway and ditch.
For the abstracting of artificial water, the provisions of this Chapter shall apply to the taking of groundwater. In the case of surface water management, account must also be taken of Articles 16, 17 and 28 of the Environmental Protection Act. (27/06/2015)
In addition, in the case of water from water, to the needs of the colony, the provisions of the Water Management Act and the provisions thereof shall apply.
Notwithstanding the provisions of Article 2 (2) of Chapter 3, the owner or holder of the water area shall without prejudice to the permission of the authority to take surface water for normal commercial use.
Where water is not sufficient for all those in need of use in accordance with paragraph 1, the environmental protection authority of the municipality may, by decision, limit the taking of water in the water area, taking into account the needs of those using water. The decision shall determine whether the provisions adopted are in force for the time being or the time limit. These provisions may be amended by a change in circumstances.
Paragraph 1 shall also apply mutatis mutandis to the right of the owner and holder of the territory to take groundwater. The subowner of a shared property or territory shall have the right, within the limits laid down by this law, to take the groundwater from the territory in such a way that it does not cause any damage or disturbance to the other shareholders, nor does it prevent them from doing so. The use of groundwater from the area.
The owner and holder of the property may take surface water from the other water area for normal commercial use, if the inclusion does not result in the consequences in accordance with Section 2 of Chapter 3. It shall not be detrimental to those who, on the basis of the authorisation or the ownership or management of the water area, take water from the same water area. The consent of the owner or holder of the region shall be obtained for the establishment of the equipment in the other area.
The licensing authority may, upon application, grant access to surface water, other than those referred to in paragraph 1, and for the installation of the necessary equipment in another area.
The authorisation authority may, on application, grant the right of groundwater to and for the establishment of the necessary equipment in another area, if the inclusion does not require authorisation pursuant to Section 3 (2) or 3 (3).
The right to groundwater may be used for normal real estate use, for the organisation of water supply in the colony or for any other general need, or for an industrial or economic activity for which access to groundwater is Particularly important. In order to give the right, water shall continue to be sufficient to meet the needs of the owner or the holder of the territory, as well as to the needs of the companies resident and located in the region and the expected settlement thereof, Undue disturbance or disadvantage.
The right to take water from another well or take can only be given with the consent of the owner.
In the case of water abstraction, the water abstraction needs for water abstraction shall be coordinated.
If water is not sufficient to meet all needs, the following priority shall be observed:
(1) taking water for use in the vicinity of the place of introduction for normal real estate use;
(2) water supplies for the water supply of the colony in the municipality;
(3) the introduction of water for the industrial use of the locality or for use in the locality, as well as the water supply to the community water supply outside the locality;
(4) water abstracting or being transported elsewhere for purposes other than the water supply of the colony.
The water intake decision shall provide for the purpose, the place of taking and the maximum water intake.
In addition to the provisions laid down in Chapter 3, the decision shall lay down the necessary provisions for the management of water required for the management of the necessary water supply, monitoring of the quantities of water and water supply in order to ensure water supply. The measures allowed in specific situations.
Where the need for water is less than transitory left or substantially reduced and in the same water presence it is necessary to grant another right to water, the licensing authority may revise the provisions of the water intake decision. Subject to the provisions of Chapter 11 of the application procedure, the matter shall be dealt with accordingly.
In order to ensure the undisturbed water supply of the colony, the permit for water abstracts may be granted, in whole or in part, without the provision referred to in Article 8 (2) of Chapter 3, of the time within which to start taking water.
The decision to take water may give the right to invest water management in another area. The water management shall be placed in the other area in such a way as to minimise the resulting disadvantage. The area in the field of water management shall not be used in such a way that the water management may be adversely affected or unduly maintained.
As regards the investment in water management other than the decision on taking water, the provisions of Article 161 (a) of the Law on Land Use and Construction apply.
The provisions of this article relate to water management, including management-related minor equipment and installations, water pipes and other pipes for the same excavation of water and other cables for the management of water or waste water.
The authorisation holder of a water intake shall, in particular situations in the supply of water, receive, without the authorisation of the authorisation authority, a temporary supply of water for other uses other than that provided for in the authorisation, where this is necessary for the smooth operation of the water supply of the colony. Or other such weighty reasons.
The measure referred to in paragraph 1 shall be notified to the State control authority.
If prolonged droughts or other comparable reasons result in a significant reduction in access to water, the authorising authority may, upon application, oblige the owner of the water-takers to limit the amount of water to be taken To ensure the necessary water abstraction for land use or for water management in the colony.
Where the restriction results in a disproportionate loss of interest to the owner or the holder of the authorisation, the authorising authority may, upon application, order the loss of interest as a replacement for the applicant and other beneficiaries of the restriction.
The authorising authority may, in the water intake decision or separately, be designated as a protection area for the area around the place of groundwater. The area of protection may be provided where it is necessary to limit the use of the area in order to safeguard the quality of the water or the anchorage of the groundwater. The protection zone must not be prescribed more than is necessary. A request for a protection area may be made by a project manager or by a supervisory authority or a party.
Subject to the conditions laid down in Article 1 (1), the area covered by the surface water catchment area may also be designated.
The decision on the designation of the area of protection must be complied with in spite of the appeal.
The decision establishing the area of protection must provide for protection measures, restrictions on the use of other protection areas and the enforcement of the provisions necessary to ensure water abstraction ( Protection areas, ). The provisions shall not be more severe than is necessary. The loss of interest due to another is to be replaced by the owner or holder of the water-takers.
The authorisation authority may, in an individual case, grant an exemption from the protection rules. The granting of an exemption under the environmental authorisation case is laid down in Article 47 (4) of the Environmental Protection Act. (27/06/2015)
The provisions of Chapter 3, Section 21, concerning the revision of the permit provisions shall apply mutatis mutandis to the provisions on protection permits.
The authorising authority may, upon application, grant the owner or the holder of the water tator the right to redeem the area in the protected area where it is necessary for equipment or installations serving water.
The provisions of this Chapter shall apply to the exercise and to the operation and maintenance of the ditch. For the purpose of draining the land or for the removal of water that is detrimental to the use of another area:
1) the conclusion of a ditch;
(2) increased or rectifying the ditch, the noro or the stream; and
(3) the recovery of an elephant or creek not subject to the provisions of Chapter 6.
The provisions of this Chapter shall also apply to the management of waste water as provided for in the Environmental Protection Act.
For the purposes of this chapter:
(1) In the drying area Countries to which the joint drainage benefits;
(2) The benefit of the drainage An increase in the country's use value for the purposes of using the country or taking into account the circumstances;
(3) The beneficiary The owner or owners of the property receiving the benefit;
(4) By mutual agreement A drainage which consists of properties belonging to different landowners;
(5) Active shareholder The beneficiary, who has claimed or supported any change in the drainage plan in order to obtain or benefit from such a requirement; and
(6) Semi-semi-semi-shareholder A beneficiary who is not an active partner.
In the case of a water supply facility which is designed to manage the drying water of a waste water or a foundation, water is discharged from the water supply network, the area covered by the sewerage network or its part must be handled by the drying area As a separate purchase area. For the benefit of the benefit, a water supply facility shall be considered.
The application and the maintenance and maintenance of the ditch shall be subject to the authorisation of a licensing authority in accordance with this law if it can cause:
(1) pollution within the waters referred to in Article 5 (1) (2) of the Environmental Protection Act; or (27/06/2015)
(2) The consequences referred to in Article 2 (2) of Chapter 3, unless the question is solely caused by a change in the stream due to the stream in the upper half of the stream.
The issue of the hand which, according to Article 3, does not require the authorisation of a licensing authority, shall be dealt with in the delivery order provided that:
(1) the closure or reduction of the flooding area or a significant change in the direction of water flow;
Paragraph 2 is repealed by the L 30.12.2013/1/02 .
(3) it must be carried out by land, railway, cable, gas pipeline, water pipeline, heat pipe or drainage pipe, or by road-keeper, track keeper or cable, gas pipeline, water pipeline, thermal pipe or sewer operator has not consented to the measure;
(4) the common drainage cannot be agreed and the beneficiaries are at least three; or
(5) it is a matter of modification of the plan previously decided, the setting up or liquidation of the Community, or the rights and obligations of Members in the Community.
Paragraph 1 (3) provides for the conclusion of a new ditch, including an increase in the existing uoma.
The municipality's environmental protection authority shall consider the disagreement over the drainage, which does not require authorisation pursuant to Article 3 or which is not dealt with in accordance with Section 4, and which arises from:
(1) from making a ditch to another country or through another private road;
(2) the conversion of the ditch;
(3) water management in a ditch or creed in another country; or
4) for other similar reasons.
The procedure for dealing with the dispute shall apply mutatis mutandis, as provided for in Chapter 11.
The person responsible for the project shall notify the State control authority in writing of a non-negligible submission at least 60 days before the date of submission of the project. However, the notification shall not be made if the provision is provided for in the decision referred to in Articles 3 to 5, in the (2006) Or in the case of a railway undertaking (2006) In the infrastructure plan. The notification shall include information on the project, description of the project and its environmental impact, as well as the area affected by the project. A decree of the Council of State may lay down more detailed provisions concerning the content of the notification.
The State control authority shall, where appropriate, call on the project to apply for the authorisation of the licensing authority referred to in Article 3 or the delivery system referred to in Article 4.
The exercise shall comply with the provisions of Articles 7 and 8 of Chapter 2. In addition, the hand shall be carried out in such a way that no damage or other loss of interest is caused by the other part of the territory. However, if the loss or other loss of interest is significantly lower than the cost that the project would cause to prevent such a consequence, the project manager may pay compensation for the loss.
The parties may agree on the formation or extension of a wetland which contributes to reducing the cost of supply or to the protection of the environment or of flood protection and the possible replacement of the loss of interest resulting from these measures.
An area or part of an area belonging to a non-organised sub-region may be a wetland or part thereof by means of a decision, provided that the operation does not adversely affect the use of the territory.
The beneficiary or beneficiaries shall keep the protection as provided for in Article 7. Where an outreach community has been set up to deal with the issues arising out of hand, the entity shall ensure the maintenance of the ditch.
Notwithstanding paragraph 1, where the oer as a whole may be considered to be transformed into a natural order, the maintenance and use shall be applied without prejudice to the provisions of this Chapter.
The soil in the pipeline leading to drying or waste water shall not be used in such a way that the pipe may be adversely affected or unreasonably compromised.
Where there is no settlement in another area, the beneficiary may be granted the right:
1) leads to water in one of the branches;
(2) to make a protective penger or a pump station necessary for the purpose of drainage into another area; or
3) to take out a stream or an elephant in another area.
The right referred to in paragraph 1 may be granted if it is necessary for the purpose of drying the territory or to prevent the effect referred to in Article 7 (1). The right to lead water in another pipeline can only be given if the management of the water is otherwise impossible without excessive costs. The granting of the right shall be decided by the environmental protection authority of the municipality, unless the decision is required by the licensing authority or the decision of the issuing authority.
For the purposes of Article 16a (2) and (3) of the Law on Land Use and Construction, Article 161 (a) (2) and (3) of the Code of Law shall apply to the issue of the right referred to in paragraph 1 (2).
(1) it is a beach-based approach within the meaning of Chapter 10 of the Land Use and Construction Act;
(2) the drainage of land drainage in agricultural and forestry areas designated by the apron formula;
(3) the outlay of the main part of the outpost area;
(4) the drainage or the need for water management on a third-owned property; or
(5) the extension requires the authorisation of the authorising officer or the decision of the delivery service.
The second area must be located at the border of the property or, otherwise, to a place where the owner of the property is as little as possible. An open ditch, unless it is at the border of the property, shall not be allowed, without the consent of the owner, to enter into another specific area and, if not necessary, to the other protected area. The sample is considered to belong on either side of the uoma, if it is not shown to be wider or the quality of the country requires a wider pienner.
The land owner has the right to use the land which has been drawn from the ditch. If the landowner does not wish to use the land, the person responsible for the project shall put the country next to the ditch or any other place where it does not cause the land owner to harm or prevent the drainage of the water or cause the collapse of the ditch, or to export the land Away.
The dehydration of the second property shall not be unduly blocked or the running of the water in the gutter is prevented. When an asset has been entered into another area, the owner of the territory may be given the right at his own expense to change the position and direction of the ditch if the change does not reduce the benefits of the ditch and does not give rise to any additional cost to the beneficiary.
The right of establishment, based on a written agreement between the parties or a decision pursuant to Article 9, to the other country and to the management of the other part of the water shall be valid irrespective of any subsequent change in the ownership of the property.
If, as a result of the change in the division of property, the one in the territory of one of the properties is to travel within the territory of more than one property and, in other words, not otherwise agreed or imposed, the oja shall be considered to be carried out on the basis of the contract. Such branches shall be subject to the provisions of paragraph 1.
The new decision on the hand may make any changes to previous decisions or otherwise related legal relationships based on the provisions of this Chapter.
The loss of interest due to the right under Article 9 shall be replaced by the provisions laid down in Chapter 13.
Where water is derived from a stream in another area, the landowner shall be entitled to compensation for the area to be made available only to the extent that a new bathing area has been introduced or has been substantially extended.
They are obliged to pay compensation for the purchase of the ditch or for the costs of the cancellation of the stream. In addition, the leader is obliged to take part in the necessary extension and maintenance of the ditch. The compensation shall be determined in accordance with the provisions laid down in this Chapter.
If the pipeline is to be increased for the management of water based on Article 9, this shall be the function of the additive which leads to the supply of water.
If it is necessary to introduce a new line between the road, the railway line, the cable or the gas pipeline, the transfer of a cable or a gas pipeline, or an increase in the pipeline or an end of the road, the project shall have the right to demand such The operation of the operation in such a way that the countries above the road, rail, cable or gas pipeline may be dried into the depths prescribed in accordance with Article 15 (2).
At the expense of the project, the project shall be made at the expense referred to in paragraph 1 and shall increase the water bathing water. However, the owner, the track keeper, the owner of the cable, or the owner of the gas pipeline, shall, at their expense, make and maintain a bridge or drum with its foundation or a cable or gas pipeline.
If the costs referred to in paragraph 2 are excessive in relation to the benefit to be achieved, the keeper, the managing body, the manager or the owner of the cable or the gas pipeline shall not be required to make a bridge or drum or a cable or To transfer the gas pipeline. However, if the loss of interest has not already been replaced in another context, he shall be required to compensate for the loss of interest due to the need to dry up the country.
If, in order to carry out the drainage in accordance with this Chapter, it is necessary to make new posts below the private road or increase the oatmeal which leads to the private road, a new bridge or drum shall be made, or a change in existing bridge or Drum, work must be done at the expense of the project in such a way that the bridge or drum is, after work, at least equivalent to the former. The maintenance of the bridge or drum is equivalent to the road manager.
If no agreement is reached, the environmental protection authority of the municipality may, upon application, grant access to water for any other reason than to remove water from the use of the area. However, in the context of the environmental permit, the right to issue a competent licensing authority as referred to in Article 34 of the Environmental Protection Act. (27/06/2015)
The right may be granted if the management of the water does not cause undue disadvantage. However, the right cannot be given to lead the water to a ditch which passes through a particular area of special use.
The beneficiary of the right shall be obliged to carry out the maintenance, refurbation and maintenance work resulting from the management of the water and to ensure that there is no damage or injury to the measure at reasonable cost. The decision referred to in paragraph 1 may be accompanied by the necessary provisions on the performance of the work.
Where the measures referred to in paragraph 3 are of benefit to the other, this obligation shall apply to the costs resulting from the measures and to the participation in the procedure provided for in the procedure. If the benefits of water management have increased as a result of the change in water management, the distribution among the beneficiaries of the maintenance of the water may be revised to reflect the changed situation.
The delivery plan shall be drawn up if the application is subject to the authorisation of the licensing authority, the decision of the drainage service or the nature or extent of the case otherwise required.
The submission plan shall include information on the project and the manner in which it is implemented and the drying depth, the benefit of the project and the impact of the project. When prescription-depth, account shall be taken of the quality, slope ratios and the need for drying. More detailed provisions may be laid down by the Government Decree on the content of the drainage plan, the determination of the drying depth and the distribution of the drying area in the buying-in areas.
The applicant or other beneficiary shall be responsible for drawing up the delivery plan. Before fixing the drainage plan, the authorising officer or the delivery man shall make the changes or additions required under this Act. If the drainage plan is drawn up pursuant to paragraph 1 and the plan has not been presented, the delivery man or the licensing authority shall provide for the purchase of the drainage plan.
The decision or delivery decision shall establish a drainage plan, a related cost estimate and a breakdown of costs.
Where the drainage plan is laid down in the delivery order, the decision shall be accompanied by the necessary provisions for the implementation of the project and the monitoring of its effects, mutatis mutandis, as provided for in Article 10 (1) and Article 11 (1) of Chapter 3. The provisions of Article 8 (2) and (3) of Chapter 3 concerning the time limit for the implementation of the project and the extension thereof shall apply mutatis mutandis to the drainage plan to be established in the submission.
The hand shall be executed in accordance with the established drainage plan. If necessary, a strengthened drainage plan may, if necessary, derogate from the plan without changing the plan if this does not significantly affect the costs and benefits accruing to the costs.
All beneficiaries shall have the right to participate in the joint drainage. Every beneficiary shall have the right to demand the execution of the drainage so that it does not alter the original purpose of the drainage and the disproportionate increase in costs becomes the maximum benefit to his territory.
Where the beneficiary so requests, the other beneficiaries shall be obliged to participate in the joint drainage.
The delivery plan for the common outreach shall be established to the extent necessary for the implementation of the drainage of the active shareholders.
After the final delivery of the final delivery, the active shareholder is not entitled to abandon the project. However, the delivery plan shall not be established if all the active shareholders waive the requirement.
Expense costs shall be considered as costs incurred in connection with the project:
1) planning, handling and obtaining funds;
(2) during implementation, the management of Community affairs;
(3) the implementation of the project and the compensation for the loss of interest; and
(4) other comparable measures.
The recovery time shall be borne by the beneficiary in relation to the draining costs of the joint drainage, resulting from the drying of the countries of the drying area or of the buying-in areas referred to in Article 15 (2), or for other purposes. If not otherwise provided below. Beneficiaries may agree on the allocation of costs, as provided for in this Chapter.
The operating costs shall be borne by the operating costs in accordance with paragraph 2, unless specific reasons require a different purchase of costs. If, in view of the conclusion of a new ditch or any other change in circumstances, it becomes useless, he shall be exempted from participation in maintenance costs. If the benefits of water management have increased as a result of the change in water management, the distribution among the beneficiaries of the maintenance of the water may be revised to reflect the changed situation.
Where the drying area is divided into subdivision areas and the position of an area of purchase is such that it is not necessary to make a common position for the drying of the second part of the purchase area, it is necessary to determine where and where In proportion to the cost of the drying area, the beneficiaries of such a purchase area shall be responsible.
If the beneficiary does not pay his share of the cost of the drainage, the other beneficiaries shall be required to make the contribution. The share shall be shared between the beneficiaries in the same proportion as the outreach costs.
If the defaulting period is subsequently recovered, the funds shall be allocated on the same basis to those who have paid the payment.
The active shareholder shall bear the costs of the joint drainage up to a maximum of the amount of the joint drainage which would be paid separately by drying up his territory. If, when allocating costs between the beneficiaries, an increase in the proportion of the individual beneficiary is found, his share shall be limited to that amount.
The passive shareholder shall be obliged to take part in the outreach costs by a maximum of the amount corresponding to his/her territory. The passive shareholder may be allowed to pay his contribution within a period not exceeding 10 years. In this case, the shareholder shall be obliged to pay the outstanding amount on an annual basis. (633/1982) (2) interest rate.
A drainage entity shall be set up for the implementation of the joint drainage where the beneficiaries are at least three and:
(1) the approval of the licensing authority is required;
(2) no agreement on a common arrangement is reached; or
(3) Whereas one of the beneficiaries is calling for the creation of a Community, and it is necessary to carry out the drainage, maintenance of oers or any other matter arising out of drainage.
Subject to the conditions laid down in paragraph 1, the supply entity may also be set up under the conditions laid down by the Authority if the beneficiaries did not take any action to set up the Community and shall continue to do so in order to deal with the matters arising therefrom. Consider necessary.
The members of the delivery community are the beneficiaries.
If someone later wishes to lead the water in the common ditch by the drainage community and may be considered to be of benefit, he shall be approved by the decision of the Assembly. The meeting shall provide for his share of the drainage costs.
In the event of a change in the distribution of real estate in the drying area, the owner of the new property shall become a member of the Community where the area of his property is included in the drying area.
The delivery entity shall establish a drainage issue in the authorisation authority or in the handling of the delivery, unless otherwise agreed upon. Where an outreach entity is established pursuant to Article 22 (2) at the request of the Authority, the case shall be settled in the exercise.
The determining authority shall lay down the Community rules, the members' contributions to the costs and the voting rights, and shall select the first contractors.
In the delivery community, each member shall have the voting rights corresponding to the ratio of the proportion assigned to it in the drainage plan.
The decision to lapse may only be taken at the meeting if the notice of the meeting has been declared admissible and the decision is supported by all the active shareholders present.
If the drainage community is demolished, the oters shall be brought into the natural state, taking into account the circumstances.
The issue of the release of the final entity shall be dealt with in the delivery order. The procedure shall apply mutatis mutandis, as provided for in Section 19 of Chapter 12, on the discharge of the Community.
Members of the Community shall be obliged to pay contributions in accordance with the decision of the Community meeting.
When the presentation is carried out, the contractors shall submit a revised calculation of the cost allocation to the Community meeting for approval. If, on the basis of the revised calculation, the distribution of the benefit to the members is found to be significantly different from the assessment that the members' share in the Community had previously been determined, the burden-sharing shall be adjusted accordingly. The same must be done if a new member is accepted into the Community.
The owner of the new property referred to in Article 23 (3) shall be required to contribute to the costs of the drainage after his participation in the meeting of the Community. The new property owner shall be informed separately of the meeting. However, in the case of the acquisition of the right before the real estate breakdown for the costs to be paid, the provisions of Article 30 shall apply.
Payments shall be made on the basis of a list approved by the Community meeting. If the payment is not recovered from one of the members, the provisions of Article 20 shall be respected.
The Assembly of the Assembly may decide on the members of the advance payments. An obligation to make advance payments shall not be required for the passive shareholder.
In the event of a delay in the advance payment, the shareholder shall be obliged to pay the delay Article 4 of the Corinth Act Unless the meeting of the Community decides on a lower interest rate.
Where an exercise carried out arises from a significant benefit to a member of a Member State other than that resulting from an improvement in the drying situation of the property, he shall be obliged to contribute to the cost of the drainage to a maximum of the value of the benefits By number.
The obligation of the other beneficiary referred to in paragraph 1 to contribute to the costs of the drainage shall decide on the application of the Community's application. The collection of the contribution shall apply mutatis mutandis, as provided for in this Chapter, for the levying of payments from the Community's partner.
The beneficiary's real estate is, as in the In Chapter 20 of Chapter 20 , as collateral:
(1) the cost component of the established drainage plan or the decision of the Community meeting;
(2) the proportion of the cost and the cost of maintenance costs imposed pursuant to Article 29;
(3) the cost shares resulting from the closure of the remainder of the drainage case;
(4) the interest rates referred to in paragraphs 1 to 3.
Following the adoption of the relevant decision, the licensing authority shall indicate the contributions referred to in paragraphs 1 and 2, together with interest, to the registration authority in the borrowing and mortgage register. Where an appeal is brought against the decision on the contribution, the authorising authority shall immediately inform the registration authority thereof. The licensing authority shall inform the registration authority of the decision given in the case when it has become final. The provisions of this section on the licensing authority shall apply to the State control authority if the issue has been settled in the exercise.
Community contractors shall immediately notify the cost of the costs incurred in accordance with the decision of the Community meeting with interest and the cost shares resulting from the closure of the drainage plan, together with interest In the borrowing and mortgage register as significant. In addition, Community suppliers shall report any changes in the cost of the costs if the distribution of the costs has been revised or adjusted pursuant to Article 27 (2) at the Community meeting or amended as a result of the reprimand pursuant to Article 17 of Chapter 12.
The submission shall be submitted in writing to the relevant State supervisory authority. The State control authority shall issue an order to hold the supply to a person acting under the responsibility of the environmental management authority with the necessary expertise ( Delivery man ). A decree of the Council of State may lay down more detailed provisions on the qualification requirements of the delivery man.
The delivery man shall call on the shipment to carry out two trustees of the trustees selected for the delivery of the property, or in the municipalities to which the impact of the project is primarily concerned. The delivery service may be carried out without any number of trustees if, by reason of the nature of the matter, the use of the men entrusted is manifestly unnecessary and no party requires the use of the men who are entrusted.
In the same drainage delivery, several drainage issues may be considered in the case of drainage areas, provided that their aggregation of delay or other damage is not acceptable.
If the delivery man finds that an extension or a measure to be carried out in connection with it requires the authorisation of the licensing authority, the delivery man shall call on the delivery man to apply for that authorisation.
The application for authorisation shall be accompanied by a proposal for a drainage plan drawn up or presented in the delivery.
The delivery shall be accompanied by a trustee prayer meeting, which shall cover all matters covered by the delivery delivery.
A delivery man shall call upon the premises of those whose rights or interests may be affected by the drainage. The delivery man shall provide the State Supervisory Authority, the Authority and the municipality's Environmental Protection Authority with an opportunity to deliver an opinion on the drainage project.
A separate final meeting shall be held in the delivery order, in addition to the trustee, if the drainage plan and the application for delivery are not covered by an appropriate plan or is not included in Article 4 (1) (1). Of the intended exercise.
The final meeting shall be held when the submission of the proposal of the delivery man and the trustee of the trustees is completed. The final meeting shall otherwise be applicable to the premises of the premises.
The premises of the delivery service and the final meeting shall be made public at least fourteen days before the date of the meeting in the municipalities in whose territory the impact extends. The delivery plan shall be submitted within the same period to the authorities referred to in Article 33 (2) and shall be sent to the relevant municipality in general to be seen. In addition, the final meeting and the final meeting shall be communicated to the landowners concerned by the letter addressed by the known postal address. If the application concerns a second-country stream with a power plant or other structure, the letter must also be sent to the owner of the installation or the installation.
In the case of an extension to the non-organised sub-assemblies of the common area, the premises and the final meeting shall be notified to the Subcommittee, mutatis mutandis, as provided for in Article 11 (2) of Chapter 11.
In matters of minor importance and in cases where notification under paragraphs 1 and 2 is not necessary due to the nature of the case, the information on the premises and the final meeting may be provided in any other way. If the case does not affect the right or the interests of the applicant, service shall not be required.
The delivery shall include a decision at the premises of the trustee or at the end of the final meeting, which shall include:
(1) the drainage plan discussed in the delivery;
(2) a solution for reminders and requirements;
(3) provisions on the execution of drainage and maintenance of the ditch;
(4) an estimate of the cost of drainage;
5. The purchase of expenditure;
(6) provisions on compensation for the loss of interest; and
(7) the calculation of the cost of the delivery and their reimbursement to the State.
Where an extension requires a derogation within the meaning of Article 11 (2) of Chapter 2, it shall not be allowed to issue a decision before the licensing authority has resolved the issue of the derogation.
In the case of a decision of the authorising officer, the provisions of paragraph 1 shall apply to the decision of the authorising officer.
The decision of the delivery shall be made within 30 days of the trustee or the final meeting, unless the State surveillance authority for specific reasons does not extend this period. The decision shall be issued on the date specified in the alert issued by the State Surveillance Authority on the date of its notification to the attention of the parties.
The decision shall also be notified to the known postal address to the parties concerned. The decision shall be forwarded to the applicant and a copy to the other party requesting it. A copy of the decision shall also be sent to the environmental protection authorities of the municipalities concerned, the State Control Authority and the Fisheries Authority.
If, as a result of the drainage, it may be necessary to carry out an accounting arrangement as referred to in the Law on account arrangements for river basins (19451988) , the decision of the issuing body shall submit a drainage plan to the Measurement Department when the decision on it has been given a legal force.
The applicant shall pay the cost of the delivery. The cost of the delivery shall be considered as costs incurred in keeping the meetings and the fees payable to the men and the assisting staff. The daily allowance and reimbursement of travel expenses shall be made from State resources.
Where the authorising officer or delivery man acquires a drainage plan, or where the plan submitted by the applicant or other beneficiary requires a substantial replendid, the applicant shall pay the costs incurred by the State. The amount of the fee is laid down by the Decree of the Ministry of Agriculture and Forestry on the State Payment Law (150/1992) , in accordance with the criteria.
The cost of the delivery may be borne by the advance payment. The procedure shall apply mutatis mutandis to the provisions of Article 12 (3) of Chapter 18.
The provisions of this Chapter shall apply to the permanent modification of the central water level of the lake or pond by lowering it ( Reduction of the average water level ) Or increasing ( Increasing the average water level ). The drainage of land is laid down in Chapter 5, Chapter 7 of the water regulation and an amendment to the average water level related to the exploitation of hydropower in Chapter 8.
Articles 2 to 4, 7, 10 and 11 of this chapter also apply to the penguins of the beaches and to the perks of the river, even if they do not alter the average water height.
For the purposes of this Chapter, the increase in the use of the water or beach property shall be considered as the private benefit in this chapter for the purposes for which it is used or, in the light of the circumstances, may mainly be used.
Authorisation to reduce or lift the height of the water level may be applied for:
(1) the owner of a real estate benefiting from the private benefit referred to in Article 2;
(2) a community of beneficiaries under this law;
(3) a partner or sub-caste of a common water area;
(4) the State authority concerned; or
5) Municipality.
In the absence of a project requiring a general need, the authorisation shall not be granted for a project intended to increase or calculate the average height of water caused by:
(1) any substantial deterioration in the access to a beach property which causes disproportionate damage or damage to the owner or holder of the site and has not consented to the project; or
2) significant deterioration of the special nature conservation value.
If the purpose of the project is to reduce the height of the lake or pond, the authorisation shall be granted subject to a written agreement of at least three-quarters of the owners of water in the lake or pond. Reduction.
If the purpose of the project is to increase the height of the lake or pond, the authorisation shall be granted subject to the written consent of the owners of at least three-quarters of the land under water. Authorisation may also be granted if the applicant for authorisation rules more than half of the area under water, on the basis of the right of ownership or permanent access.
However, the consent of the owners of the site is not required if the change in the central water level is of general need or other relevant purpose, such as the water supply of the colony, flood protection, the recreational use of water, or nature protection Required.
The project shall be subject to the right of access required by the project to the water under water by a decision of the licensing authority granting authorisation to increase the average water height. The provision of the right to another area is otherwise in force, as provided for in Articles 12 and 13 of Chapter 2.
In the case of a project aimed at reducing the average water level, for which the proponents represent more than half of the private benefit of the project, the beneficiary must be involved in the project Costs.
The allocation of costs among the beneficiaries shall apply mutatis mutandis, as provided for in Sections 19 and 20 of Chapter 5. Similarly, the cost of the cost of the costs is in force, as provided for in Section 30 of Chapter 5.
If, in the case referred to in paragraph 1, the reduction of the average water height becomes a significant advantage in addition to the private benefit, the authorising authority may, upon application, oblige the beneficiary to participate in the project Costs. The amount to be borne by the beneficiary shall be reasonable and not exceed the amount of the benefit which is to be granted to him.
In the authorisation decision, the authorising authority may, on application, oblige the private beneficiary to contribute to the cost of implementing the project. The amount payable by the beneficiary shall correspond to the beneficiary's share of the overall benefit of the project. However, the amount may not exceed the private benefit of the beneficiary.
An entity shall be set up for the purpose of raising the average water level, as provided for in Chapter 12, if there are more than one licence applicants. The licensing authority shall lay down Community rules by means of a permit decision as provided for in Article 5 of Chapter 12.
All beneficiaries of the project may become members of the Community. In the event of a change in real estate, the owner of the new property shall be a member of the Community in so far as the area of the property is included in the asset.
An entity shall be established for the implementation of the reduction in the central water level, as provided for in Chapter 12, if there are more than one licence applicants.
The Community is in force, as provided for in Article 9, for the Community to be set up to raise the average water level. However, as members of the Community, it is obliged to participate fully in the private benefit of the project if it is a project whose supporters represent more than half of the value of the private benefit of the project.
Within the Community established for the reduction of the average water level, each member shall have the voting rights corresponding to the ratio of the portion of the project to the whole project to the cost of the project.
The members of the Community shall be subject to the provisions laid down in Articles 27 and 28 of Chapter 5.
The provisions of this Chapter shall apply to the continuous adjustment of water flow and altitude, and to the continuous running of water from or part of water ( Rationing of water ).
The benefits and losses resulting from the regulation shall be assessed as provided for in Sections 6 and 7 of Chapter 3. However, the benefit of increasing the volume of water power shall be assessed as provided for in Article 2 (2) of Chapter 8.
In addition, in addition to the provisions of Chapter 3, Section 10 to 14, there are provisions for the authorisation of water running.
Where the water body or part of the water to which it is subject is subject to the provisions referred to in paragraph 2 or in Article 10 (2) of Chapter 3, the provisions of Chapter 3 may be amended. The compensation shall apply accordingly, as provided for in Article 21 (3) of Chapter 3. (30.12.2013/1193)
In the regulation on regulation, the owner of an installation suitable for rationing can be required to use the structure as required by the regulation.
The loss of interest due to the use of the building must be replaced. At the request of the owner, the applicant for authorisation may also be ordered to redeem the structure rather than the imposition of the compensation.
If the regulation appears to be of benefit to others, the applicant for authorisation shall provide access to the regulatory authority by making an application to the licensing authority. Where the applicant is a State authority, there is no need to submit an application for an alert.
The application shall be accompanied by a project plan, a description of the beneficiaries and the estimated amount of the benefits they receive, as well as the cost estimate of the project.
The licensing authority shall invite the beneficiaries to inform the authorising officer of their participation in the project. However, the application for an alert must be rejected if, on the basis of the plan attached to the application, it is obvious that the authorisation for the project in question cannot be granted.
If an application for an alert has been lodged other than in the case of an application for authorisation, the application for a project authorisation shall be made within one year of the end of the alert, unless the authorisation authority has extended the time limit.
The beneficiary has the right to take part in the rationing project. The beneficiary shall inform the authorising officer in writing within a specified period of time.
Where, pursuant to paragraph 1, the beneficiary has declared that he is involved in the implementation of the project, the authorising officer shall, after the entry into force of the regulatory authorisation file, prove that the applicant shall: Measures to establish a Community regulatory framework.
A regulatory entity shall be set up for the rationing project if the applicants for authorisation are more than one or, in accordance with Article 5 (1), declare that they are participating in the project. The Community shall be set up as provided for in Chapter 12. The licensing authority shall establish Community rules in accordance with Article 5 of Chapter 12 by means of a permit decision.
The members of the regulated entity are applicants for authorisation, regulated by Article 5, and the periods of exploitation which have subsequently been accepted by the Community. In the Community, a member may also be a member of the Community or a body governed by water law if the licensing authority considers it appropriate.
The beneficiary shall be entitled to join the regulated entity already established if there is a reasonable cause for his admission.
A member of the Community shall have the right to withdraw from the Community if the benefits he receives are significantly less than the entity was deemed to have been set up, despite the difference between the future and the Community, capable of meeting his obligations.
The proportion of members of the regulated community in the Community and the right to exercise voting rights shall be determined proportionally by the benefit of which each of them produces.
The responsibility of the members of the regulated community for the costs of rationing shall be determined proportionally by the benefit of the regulation for each of them.
The costs of rationing and the fees payable by Members shall be valid, as provided for in Sections 19, 27 and 28 of Chapter 5.
The authorising authority may, upon application, oblige the beneficiary, who does not wish to take part in the rationing project, to contribute to the project costs. A State shall not be considered as a beneficiary unless there is immediate benefit to the property of the State or to the State rationing.
After the issuing of the alert referred to in Article 4, the applicant shall be required to provide the beneficiary with its request for this obligation to contribute to the costs and a copy of the alert.
The authorising authority may, upon application, order the project to be responsible for the use of the performance referred to in paragraph 1. The report shall be submitted to the State Supervisory Authority, where it must be seen to be seen by it.
The cost component of an external beneficiary shall be determined in such a way that it reasonably reflects the beneficiary's share of the overall benefit of the project. However, the cost shall not exceed the benefit of the beneficiary's project.
When calculating the cost, account shall be taken of:
(1) the costs of the work, equipment and installations necessary for the regulation;
(2) the cost of compensation for loss of interest; and
(3) the annual expenditure for maintenance of equipment and installations, estimated at 20 times the annual expenditure.
The contribution of an external beneficiary may be awarded as a lump sum or a maximum of twenty-one annual contributions in the same amount.
The provisions of this Chapter shall apply to the use of hydroelectric power and the construction of a hydroelectric power plant.
The construction of a power plant is also included in the recovery of the water and the establishment of a new uoma for the installation and other measures for the introduction of hydropower.
In addition to Article 4 of Chapter 3, the granting of an authorisation for the construction of a plant is subject to:
(1) the applicant, as owner or holder of the right of use, has the right to hydroelectric power used in the project; or
(2) in the case of authorisation, the applicant shall have the right to use the hydroelectric power.
According to Articles 3 (6) and 7 (7) of Chapter 3, the value of hydroelectric power production is taken into account when assessing the use of hydropower. The value shall be at least 20 times the price of electricity generated annually on average. In addition, the determination of the value of production may take into account the adjustment benefits of the institution and the other identifiable benefits.
Right to access to or part of hydroelectric power from a given water area ( Access to hydropower ) May be handed over for a fixed period or permanently. The extradition agreement is, in order to have the effects referred to in this Act, to be made in writing, in accordance with the form of transfer of immovable property in the arc.
In accordance with Chapter 14 of the National Guard, the right to use hydroelectric power transferred permanently or temporarily to another person may be recorded.
In addition to the provisions of Articles 12 and 13 of Chapter 2, the applicant may, under the same conditions, grant the applicant the right to redeem his or her own territory for the purpose of the power plant or its use.
The construction of a power plant for the construction of a hydroelectric power station may be carried out by the person to which the ownership, the supply of the part of the water division or the permanent access to the hydroelectric power station shall include at least one fifth of such water Part of the hydroelectric power that is intended to be used in the same power plant. The initiative may also be carried out jointly by the hydroelectric partners, which shall include at least one fifth of the hydroelectric power to be introduced.
Where the introduction of hydropower cannot be agreed, the initiator shall make the offer of participation, as provided for in Article 8, for the water power to be introduced to them, which shall include at least a hundredth of the hydroelectric power to be introduced.
The initiator and those who wish to participate in the project may be authorised to build a power plant and, in that connection, the permanent right to receive contributions from other members of the hydroelectric power if authorised. Otherwise, the conditions for granting are in place.
Where the owner of a hydropower does not wish to renew the contract for the provision of water for the use of hydroelectric power, or in which Article 3 of the hydroelectric power plant referred to in Article 3 has been waived, The holder of a rental or access right shall have the right to provide the owner of the hydroelectric power and other hydropower to the project as provided for in this Chapter. The holder of a lease or operating right shall also have that right when his share of the hydroelectric power is less than one fifth.
Unless otherwise agreed, a limited company shall be established for the purpose of the common hydroelectric power referred to in Article 5.
The participants in the project will surrender their hydroelectric power to the company against shares in the right of use. Shares shall be given to each of the members of the hydroelectric power in the proportion corresponding to the ratio of hydroelectric power to the ratio of the total hydroelectric power associated with the company. In the same respect, it is also necessary to take part in the company against the part of the share capital that is made in cash.
In order to resolve a dispute concerning the company's agreement or the conclusion of a company order, the participating party shall have the right to request the District Court to set two arbitrators and the President to settle any disputes where appropriate. By complying with the arbitration law (967/1992) Provides.
The starting point shall be made available to the other persons entitled to participate in the construction of the power plant by submitting an application for an alert to the licensing authority.
The application for an alert shall be accompanied by a project plan, a statement indicating to whom the hydroelectric power belongs, together with a cost estimate of the project, of which part of the costs are intended for the project For funding. The decree of the Council of State may provide for more detailed provisions on the content of the application and the explanations accompanying it.
The licensing authority shall invite a public alert to participate in written notice to inform the authorising authority of its participation in the project and to provide the necessary clarification of its right to participate at the latest in the On a specified date. However, the application for an alert must be rejected if, on the basis of the report attached to the application, it is obvious that the project cannot be authorised.
The documents shall be provided by the relevant licensing authority of the authorising officer in the office or other place indicated in the alert. A copy of the alert shall be provided, without delay after the alert has been issued, with a copy of the alert to the other shareholders of the hydroelectric power to which at least one hundredth of the hydroelectric power to be introduced.
A shareholder of the hydropower which, within the time limit, does not make a declaration under paragraph 1, loses the right to participate in the project. The same applies to a shareholder who has completed the notification, which does not, within 60 days of receiving an evidence request, sign a company contract with its associated articles of association or in accordance with Article 7 (3).
The application for authorisation of a project shall be made within one year of the expiry of the period laid down in Article 9, at the risk of the initiative having to be deemed to have lapsed. The authorising authority may extend the period of application.
Unless otherwise agreed, the application for authorisation shall be made in the name of the limited liability company set up in accordance with Article 7. An application for authorisation shall be accompanied by a statement that the offer of participation is served in accordance with Article 9.
The provisions of this Chapter shall apply to an exercise under the general use law provided for in Section 3 of Chapter 2 and to the operating sites necessary for it.
For the purposes of this chapter:
(1) Uitlie The transport of timber in water by towing in bundles or in boating boards;
(2) Uito at the operating site The place of drop, storage, separation or landing of timber or a port of refuge necessary for the operation of the timber;
(3) The artist The person responsible for the exercise of the udor;
(4) In a private company The bathing of the timber owner on his own account;
(5) In co-union A joint statement of the owner of several timber owners; and
(6) Upplication damage The absence of any foreseeable loss of interest in the operation of the uito, or of any other loss of interest which has occurred in the case of an uproar business.
In the case of a permit for an illegal activity, the purpose of Chapter 3, as referred to in Article 6 (1) of Chapter 3, is to take into account the importance of the activity case as part of the overall package of activities of the ute.
The authorising authority may, on application by the applicant, grant the right to use the non-uproar operating site as well as other water for the transport of the timber.
The decision on the authorisation of an unmarried operating site shall be accompanied by the necessary provisions on the avoidance of harm caused by the use referred to in paragraph 1, as provided for in Sections 7 and 8 of Chapter 2.
The applicant shall have the right to transfer the gear in the waters and other movable objects if they make it more difficult. The gear and articles shall be placed in a readily detectable place of water or on the beach or recovered for delivery to the owner.
The applicant may temporarily store timber for the purpose of bathing, provided that the owner of the water area and the designated beach has consented to this. The authorising authority may, on application, grant the right to the measures referred to in this paragraph.
The loss of interest resulting from the measures referred to in this Article shall be replaced by the provisions laid down in Chapter 13.
Each member of the river basin shall have the right to use:
(1) the territory to which the right of use is granted under this Act;
(2) the structures in the area designated for the purpose of bathing; and
(3) equipment designed to transfer timber or water from the water.
The user should agree the details of the use with the owner of the facilities and equipment. The user shall pay the owner an appropriate share of the annual capital and maintenance costs as compensation to the owner.
The union shall be applied to the common chapter of the owners of the timber. However, the authorising authority may, on application, authorise a private association in a particular area where, taking into account the cost of transporting the timber in the water, the exercise of the uito is less than The practice of the exercise in the private sector is detrimental to the general arrangement and not to any other use of the water.
The owner of the timber shall always have the right to private use of wood intended for subsistence purposes.
The swimming entity shall replace the swimming accident caused by the uproar in its field of activity. The uproar shall be replaced by a uproar, other than that resulting from the uproar in the Community's area of action.
The claim for compensation for damages shall be made in writing, in writing, at the latest during the calendar year following the occurrence of the injury. If the parties do not agree to compensation for the damage caused, the matter may be brought before the licensing authority as a separate matter.
After the swim, the impostor shall collect the baking trees left on the beach or in the water. In the case of a swimming pool, the owner or owner of the waterfront, the owner or the owner of the waterfront, or the owner of the common water area, shall be entitled to recover it. It is permitted to capture the one that suffers from the disadvantage of the uponic or sinking tree in the water.
The person who recovered the extract shall be required, within one month, to notify the appellant of the recovery of the tree in the same calendar year. If, within three months of the notification, it is not necessary to notify the udder or the applicant, the applicant shall not take possession of the timber, the applicant shall possess the timber. If the applicant takes over the timber, he shall reimburse the costs incurred for the recovery and notification to the taker.
The provisions of paragraph 1 shall not apply to the timber which is kept at the place of storage, separation and bundling provided for in the authorisation for the operating site of the uito.
The authorising authority may oblige the udder to clean up the water from the frozen or sinking condition of the water from the uproar, which is harmful to the use of the water. If no longer exists, the order may be issued to the last swimming pool. In order to oblige the applicant to clean up the water, the water system may be carried out by the State control authority or the suffering of the person concerned. The procedure shall apply mutatis mutandis, as provided for in Chapter 14.
Without prejudice to Article 2 (2) of Chapter 3, when the Union has ceased to exist and there is no effective swimming entity, the State control authority may, notwithstanding paragraph 1, remove from the water the danger or damage caused by the sinking furnace or other waste, if the measure does not result from the Change or result.
If, pursuant to paragraph 1 or 2, the State control authority has cleaned up the water, the timber raised from the water shall be transferred to the State.
A swimming entity shall be set up for the purpose of an association, as provided for in Chapter 12, provided that there is no pre-existing swimming community in the area. It shall be the task of the Community to carry out a collective agreement in the area of operation laid down in its rules, to manage the assets of the Community and to carry out other tasks under this law.
The Community may also take over other tasks related to the upland. The Community may use the assets acquired for the purpose of the Union for a gainful purpose if the actual tasks of the Community do not suffer. No other activity shall be exercised.
Membership of the Community shall include the owners of the timber to be upended in the Coalition.
Forest owners are entitled to a common representative in the Community. The Community shall call upon the forest centres in whose territory the timber the Community is to be uproar to appoint its candidate as representative of forest owners. The authorising authority shall designate as representative of the forest owners the nominee for the designation of forest centres as the best representative of the forest owners in the area.
The owners of forest owners in the Community shall be entitled to a reasonable remuneration for their role as a candidate from the Forestry Centre. If the timber comes from the sites of a number of forest centres, the forestry centres shall be responsible for the payment of compensation in proportion to the areas where the area where the timber is to be planted is divided into the sites of the forestry centres. Where there is disagreement between the level of compensation or the distribution of the compensation between the Forestry Centres, the matter may be brought before the licensing authority as provided for in Chapter 11.
In addition, the rules laid down in Chapter 12, Section 4, shall state:
1) the Community's sphere of activity;
2) how to take the bakery manager; and
(3) when and how the timber owners must notify the planted timber.
For each year of the proceedings, the members of the swimming community shall be allowed to participate in the proceedings of the United States, which, in the course of the year, have declared the timber to be uproar or which the Community of timber has uproted, and Representative of forest owners.
At the meeting of the European Union, with the exception of a fundamental meeting, the number of votes cast by the representative of the forest owners shall be one fifth of the votes of the members participating in the vote.
The Community must have a government consisting of members elected at the Community meeting and a representative of the forest owners. The appointment and remuneration of the representative of the forest owners shall apply mutatis mutandis, as provided for in Article 12. In addition, the Union shall have a swimming manager. The Government and the Chief Executive shall be subject to the provisions of Chapter 12, Section 13, of the Government and the trustee.
The Union shall, if authorised by the authorising authority, disclose or affix the debt to the security of the debt as collateral. The application shall be rejected if the maintenance of the assets in the management of the utente is necessary for the continuous exercise of the UU.
The property referred to in paragraph 1, together with equipment and constructions, shall not be measured by any claim other than that which is attached to the property in question.
The Community may, under the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down by the rules laid down in Maintenance, indemnity measures and immersions, and for tax, compensation and other payments due after the year of the bathing season.
The Community meeting on the establishment of the Fund and the adoption of its rules shall be submitted by the Community to the Authority's confirmation. The authorising authority may make the necessary amendments to the rules of the Fund to safeguard the interests of members of the Community.
The Fund shall only be foreclosed on a debt whose payment by the Fund is intended to be used by the rules.
The Union shall cover the annual costs arising from the exercise of the Joint Undertaking by means of fees to be paid by members. Payments shall be equal, reasonable and proportionate to the number of Community services used by each Member.
The Union shall be demolished after the collective agreement has ended in or part of the river basin. If, within five years of the expiry of the uito, the Government of the United States has not taken the necessary steps to dismantle the Community, the State control authority shall submit an application to the authorising authority for the unwinding of the Community Be required to take the necessary measures or to impose the duties of the liquidator. In order to dissolve the application of the application and to designate the liquidator, it may also be made by the Government of the United States or the last government. Clearing men may be one or more depending on the size of the task. For the purposes of carrying out the task, the clearing members shall have the authority of the government.
When the dissolution of the Community has been taken, the decision-making powers of the Assembly shall be exercised by the Government of the United States or the liquidators appointed for the task. However, in the case of a given year, the decision-making powers of the Assembly shall be exercised by members of the Community of the year.
The movable and immovable property belonging to the Community, which is not necessary for the maintenance of continuous bathing in the river basin, must be converted into cash. A proposal to amend the immovable property in the Community shall be drawn up and submitted to the authorising officer by the competent authority. The authorising authority shall determine which part of the fixed assets must be liquidated. The rest of the fixed assets shall be assigned to the State.
The proceeds from the sale of the proceeds from the sale of the Community's assets shall be paid by the uc. The remaining funds shall be used for ex-post management measures in the relevant river basin. The authorising authority may order the funds to be transferred to the State supervisory authority concerned by the clearing and settlement authority or, if it takes care of the post-management measures provided for in Article 21, to be transferred to the State supervisory authority concerned.
The task of the clearing members shall be completed after all the assets and liabilities of the United States have been cleared or transferred to the State control authority in accordance with paragraph 2.
If the uc in or part of the river has ended and in that area there is no functioning swimming community, the State control authority may apply for authorisation from the licensing authority for authorisation to lapse.
The State control authority shall take measures to remove or modify the equipment and installations previously carried out for the purposes of the previously trained upland, which may be dangerous or detrimental to the use of the water, and the To restore the uoma. In the event of any change or consequence as referred to in Section 2 of Chapter 3, the measures shall be submitted for authorisation. The case may be dealt with simultaneously with the application referred to in paragraph 1 or separately.
The provisions of this Chapter shall apply to the general lanes and other waterborne areas.
Unless otherwise provided for in this Chapter, the general access route and the construction and maintenance of the fairway shall apply mutatis mutandis as regards the water management project and the authorisation of the project.
The licensing authority may, upon application by the Agency, provide a public access to a part of the water which is necessary to keep open for general ship or boat traffic.
The authorising authority may, on application, impose on a general local waterway the part of the non-public waterway that is necessary to keep open for general ship or boat traffic. Leisure boating is also considered to be public boat traffic.
A public thoroughfare or a general local waterway may also be prescribed for a river basin with a power channel.
The part of the water which is to be used as a general route must meet the requirements which, taking into account the traffic in water, can reasonably be placed on the public highway. The decision of the authorising authority shall provide for the location of the general passage. Where the location of any part of the application is confirmed, the applicant shall be given an opportunity to submit a reply before the decision is taken.
The decision on prescribing shall also include provisions on dredging and the placement of dredging mass in the water area or other measures, if necessary for the construction of the fairway. However, the licensing authority may, by reason of the extent of the case or any other reason, determine the route separately from the measures taken prior to the adoption of measures.
The authorising authority shall determine when a general local waterway is put in place. The establishment of a public service can be decided by the Department of Transport.
The final decision on the general route of transport may be amended or terminated on application, in compliance with the provisions on access to the fairway mutatis mutandis. In addition, if the promoter objects to an amendment or an end to an end, it shall be necessary, in addition, to have a harmful effect on the fairway or its use, which is not foreseen when the waterway is prescribed, or that: Circumstances have subsequently materially changed.
Notwithstanding the provisions of paragraph 1, the administrator of a public transport service may, in order to maintain the safety of navigation or other important factors, alter the location or dimension of the passage to a minor extent, if it does not give rise to a general or A violation of private interests. The change shall be notified to the State control authority.
If necessary for the maintenance of safety at sea or for any other important reason, the public transport operator may temporarily alter the public transport corridor.
The operator of a general access point shall be allowed to place in the second water area rim and radar signals, floating safety devices, such as buoys and capes, as well as other such comparable effects with minor effects. In the same way, the operator may attach to the watercourse or its shore the auxiliary equipment of the maritime security devices, such as references to investors, bolts, stakes and other minor devices. The equipment referred to in this paragraph shall be so placed that it does not give rise to any inconvenience to the owner of the area or any other rightholder.
The authorisation authority may issue a permit to the operator of a common transport operator to set up a maritime safety device other than that referred to in paragraph 1, to remove any obstacles to the water or to the beach, and to the removal of obstacles to safety equipment, where there is no Agreed with the region's owner. An authorisation shall not be granted without a compelling need for a specific area.
The transport agency shall, under the conditions set out in paragraphs 1 and 2, have the right to exclude from the public entrance the security equipment necessary for entry or marking, or for any other similar reason.
In addition, the construction of security equipment on or on the shore shall be subject to the specific provisions of the maritime safety equipment.
A minor safety device which is necessary for the safety of waterborne transport may be placed in another water area to subscribe to a private passage, provided that it does not give rise to any damage to the owner of the area or any other use of the area. The investment shall be notified in advance to the owner of the water area. The subscription of a private passage is otherwise in force, which is expressly provided for.
In addition to the provisions of Articles 12 and 13 of Chapter 2, the authorising authority may, on application, grant access to a general area of loading or anchorage related to the crossing or to the use of a river basin district for a public port. Or to redeem themselves.
The licensing authority may, on application, grant access to a private loading or anchorage area related to the transport area for the second part of the river basin. On application by the owner of the Ranna, the licensing authority may also grant a private port access to another category of water if it is a matter of priority. The right of use referred to in this paragraph may be granted under the same conditions as the authorisation for a water economy in accordance with Chapter 3, Section 4.
The defence forces and the Border Guard shall be entitled, in accordance with the provisions of Article 5, to be permanently assigned to the other territory in accordance with the security equipment referred to in Article 5, where applicable, as laid down in the said Article, on the right of the holder. The same shall apply mutatis mutandis to the temporary anchorage or anchorage required for the temporary anchorage or fitting of vessels. Where such a device is minor, it shall be subject to the provisions of Article 5 (1) of the restraint device, unless it is a specific area of use.
The licensing authority may grant to the armed forces or border guards the necessary use or anchorage, for the purpose of carrying out their duties, for the purpose of carrying out their duties, for the purposes of loading or unloading operations other than those referred to in Article 7 (1). Cases.
The applicant shall provide the licensing authority with a sufficient explanation of the need for the right or measure requested.
Any loss resulting from measures taken under the provisions of this Chapter in the territory of another country or waters, or the right to use or redeem the territory of another Member State shall be paid.
The operator of the fairway shall be obliged to repair or compensate for the loss of interest resulting from the imposition or the normal use of the fairway, which shall not be regarded as reasonable. The decision on the correction or replacement of the loss of interest shall be specified in the decision on the way forward. The authorising authority may also provide that the relevant correction or compensation provisions shall be separately checked at the time specified in the decision. If the loss of interest cannot be assessed in advance, the authorising officer may order the operator to initiate, within the prescribed period, the application for compensation.
In addition, the compensation for loss of interest shall be governed by Article 8 (1) of Chapter 13.
No payment shall be made for the use of a passage in the water. Where the costs of construction are significant, the authorising authority may, upon application, grant the holder of a private passage to the Ministry of Transport and the Ministry of Transport and the Ministry of Transport and Communications, in order to compensate for the costs of construction, Charge a fee to the users of the fairway. The decision shall provide for the amount and the reasons for the payment and the period of validity of the fees.
The owner of a blocking or other device belonging to a private vehicle shall have the right to charge a reasonable fee for the services used to operate the device. The owner or the person whose right or interest may be affected may apply to the licensing authority for the amount of the fee and the criteria to be fixed.
On charging for the use of public channels and ports and on the fairway charges (122/2005) Without prejudice to paragraph 1, which shall be expressly provided for.
In the event of an alteration of a private vehicle or a public access route as a public access route, the State shall redeem the equipment covered by its current value, provided that they are necessary for the use of the public service.
Where the operator of a vehicle has otherwise used funds for the construction or upgrading of a passage, the State must pay compensation for those costs to the navigator, in so far as they have not been covered by the fees charged under Article 10; or They were not granted through State resources.
Where, on the basis of a decision imposing a means of transport, the right to the construction or improvement of a passage is justified, the vehicle shall be obliged to maintain the means of access and the equipment made to it, as appropriate, in accordance with Article 9 of Chapter 2.
In addition to the administrative law, the provisions of this Chapter shall apply to the processing of applications.
Where Regulation (EC) No 1364 /2006/EC on guidelines for trans-European energy infrastructure and repealing Decision No 1364 /2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 The energy project for the common interest referred to in No 347/2013 requires authorisation under Chapter 3 for the construction of a permit, a regulation of the European Parliament and of the Council and a common European Union Of the law on the authorisation procedure for energy projects of interest (204/2014) . (22.08.2014/2013)
The case shall be initiated by a written application in the licensing authority.
The application for authorisation shall include:
(1) a sufficient explanation of the purpose of the project and the impact of the project on public interests, private interests and the environment;
(2) a plan for the measures necessary to implement the project;
(3) an assessment of the benefits and benefits of the project for the registries and their owners and their owners and other interested parties;
(4) an explanation of the impact of the action.
If the application concerns the granting of an authorisation under the Environmental Impact Assessment Act (448/1994) Shall be accompanied by an assessment report in accordance with that law. To the extent that, for the purposes of applying the provisions of this Act, the report contains the necessary information on the environmental impact, this report shall not be reproduced. The application shall be accompanied, where appropriate, by the assessment referred to in Article 65 of the Nature Conservation Act.
More detailed provisions may be laid down by the Government Decree on the content of the application for authorisation and the information to be attached to the application.
Taking into account the nature, extent and impact of the project, the author of the application shall have sufficient expertise to draw up the application.
The decree of the Council of State may provide for more detailed provisions on the expertise required by the applicant.
Where an application is incomplete or requires a specific explanation, the applicant shall be provided with an opportunity to supplement the application within a time limit set by the Authority, which may otherwise be inadmissible.
Where the decision is relevant for the public interest or for reasons of overriding reasons, the applicant may be required to supplement the application or to obtain the necessary explanation of the application, at the risk of obtaining the applicant 's At the expense.
The application shall be accompanied by an opinion from the State supervisory authority in whose territory the project's effects may be affected, as well as from the public interest authorities concerned, unless the request for such an opinion is manifestly unnecessary. For a project which is important for society, which is of national importance and which may have significant or widespread adverse effects, it is necessary to request a statement from the Council.
In addition, the licensing authority shall request an opinion from the environmental authority of the municipality in the municipalities in which the effects of the project covered by the application may occur, as well as the municipality of the region where the application is located and, where appropriate, From the municipalities of the project.
Where the project is located or its effects extend to the Sami region and the project may affect the rights of the Sami people, the licensing authority shall provide the Sami trial with an opportunity to deliver an opinion.
The licensing authority may also procure other relevant opinions and explanations.
Before a decision is taken, the licensing authority shall provide those whose right, interest or liability may be affected ( Party concerned ), the opportunity to make reminders.
Before the outcome of the case, the parties shall be given an opportunity to express their views.
The applicant and other interested parties shall be provided with an opportunity to provide an explanation of the opinions, reminders and opinions made as a result of the application. As a result, an explanation may be reserved for the party concerned.
In the application case, the competent authority of the State which supervises the public interest, as well as the environmental protection authorities of the municipalities whose territory may be affected by the effects of the project referred to in the application.
The application shall be communicated by means of an alert which is published on the bulletin board of the licensing authority and on the bulletin board of the municipalities affected by the project. The alert shall indicate which reminders and expressions of opinion shall be observed, as well as the other elements provided for by the Council Regulation.
The alert shall be held for a period of 30 days from the date specified by the licensing authority. However, taking into account the quality of the case, the licensing authority may decide that the alert should be displayed for a longer period, but not more than 45 days. For the purpose of the notification, the application and its attachments shall be submitted to the municipality concerned in the place referred to in the alert.
The publication of an alert shall be notified at least in one of the affected newspapers, unless the importance of the case is minor or otherwise manifestly unnecessary.
Where an application concerns a project in the Finnish exclusive economic zone, the alert referred to in paragraph 1 shall be published in the municipalities for which the project is to be carried out. Publication of the alert shall also be published in the Official Journal.
In the case of minor applications and applications where notification in accordance with paragraph 1 or Article 11 is not necessary in the light of the quality of the case, information on the application may be provided in any other way. If the case does not affect the applicant's right or interest, service shall not be required.
The alert shall be given separately to the interested parties concerned.
Without prejudice to Article 26 of the Joint Regional Law, the unorganised subdivision of the common area may be informed of the application by means of a public alert on the municipal declaration board as provided for in Article 26. Where an application concerns the right of shareholders other than to a minor extent, the publication of an alert shall be disclosed at least in one of the affected newspapers.
Where the project contains both this law and measures subject to authorisation under the Environmental Protection Act, the joint processing of applications for authorisation shall be governed by Article 47 of the Environmental Protection Act. (27/06/2015)
An application for authorisation in accordance with this law and an application for water pollution in accordance with the Environmental Protection Act referred to in this Act shall be dealt with jointly and resolved by the same decision, unless it is necessary for it to be considered unnecessary. However, co-treatment is not necessary if, in addition to the environmental permit, the project requires only a permit to take water under Chapter 4, and that there is no direct access to water between the abstracting of water and access to water.
If, when considering the application under this law, the project also requires an environmental authorisation under the Environmental Protection Act, the licensing authority shall order the applicant to submit, within a reasonable period of time, an application for an environmental permit to: The application for authorisation shall be dismissed as inadmissible.
If the applications are closely related, the licensing authority may deal with them together if it is deemed appropriate and the joint treatment does not unduly delay the proceedings or cause any other harm.
The licensing authority or an official in its service may carry out the inspection referred to in Article 39 of the Administrative Code. The inspection report shall be attached to the documents.
In the context of the review pursuant to Article 38 of the Administrative Code or, where appropriate, the issuing authority may be consulted on the basis of an assurance as well as an oral hearing.
The oral evidence shall give the party concerned the opportunity to be present during the hearing of the witness or party concerned.
L to 803/2015 Article 15 shall enter into force on 1 January 2016. The previous wording reads:
The licensing authority may, in the context of a review pursuant to Article 38 of the Administrative Code or, where appropriate, be heard by a witness under oath or insurance and on the basis of a declaration of truth.
The oral evidence shall give the party concerned the opportunity to be present during the hearing of the witness or party concerned.
In the event of a notification, the authorising authority may order a specific explanation for the settlement of the case, which may not otherwise be difficult to obtain. Where appropriate, the interested parties shall be given an opportunity to be heard.
The report shall be obtained by a sufficiently competent person employed by environmental management. If a report is obtained by a person other than the person employed by the licensing authority, he shall be appointed as a side-acting rapporteur for the licensing authority.
The report shall be drawn up as an opinion. The opinion and other documents shall be submitted to the licensing authority within three months of the notification of the opening of the procedure by the licensing authority. The decree of the Council of State may provide more specific provisions for the procedure to be followed in order to obtain a special report.
The competent authority shall examine the opinions issued and the reminders made and the conditions for authorisation in the authorisation case.
The authorisation shall be granted if the project meets the requirements laid down in this Act and the regulations adopted pursuant thereto.
The authorisation or the right shall be granted to the applicant. Where an entity has been set up to carry out the project, the authorisation or the right shall be given to it.
The authorising authority may, for a specific reason, issue a decision on the individual issue of the application before the rest of the case is resolved. The compensation will then be subject to the provisions of Chapter 13.
If a detailed explanation of the loss of interest in the project would be unduly delayed and the conditions for the implementation of the project appear to exist, it can be resolved not only from the project but from the project. In respect of compensation for loss of interest. However, compensation for the redemption of property or the granting of the right to use shall be specified in the context of the granting of the authorisation.
The authorising authority may, for specific reasons, order the compensation for the damage caused by the application in question to be resolved at a later date. When deciding on the matter, the authorising officer shall require the project responsible for the project to obtain a settlement of the claim and to lodge an application within the prescribed period in order to supplement the compensation decision. The decision to refer the question of compensation shall not prevent the person concerned from seeking compensation in accordance with this law.
When adopting a decision on the matter in so far as it has not yet been resolved, the authorising authority may only make changes to an earlier decision which are necessary for contradictory or manifestly inappropriate Removal of the provisions.
Where a new report has been obtained on the basis of the fishing obligation or payment as laid down in the decision in accordance with Article 18 (2), the authorising authority may, on its own behalf, take the matter under consideration or a review of the obligation or payment. The authorisation decision may then be revised in accordance with Chapter 3, Section 14, notwithstanding any revision of the permit provisions otherwise provided for in this Act.
Where, in accordance with Article 18 (2), an applicant other than a State, a municipality or a consortium of municipalities is granted an authorisation, the applicant shall set up an acceptable security for the compensation of the losses incurred. The setting of the security shall apply mutatis mutandis to the provisions of Article 17 (1) of Chapter 3.
The guarantee shall be placed on the Regional Administrative Agency, which shall monitor the interests of the beneficiary in the lodging of the security and, where appropriate, act as collateral in matters relating to the modification of the security and the allocation of funds. If necessary, the amount of the security shall be revised.
The security shall be released once the liability has been fulfilled, or when the decision on compensation has acquired the law and has not been initiated before. However, where the compensation is imposed on a repetitive one, the security shall be released when the decision on the imposition of the compensation is granted by the law if all the instalments due so far have been paid or deposited. The decision of the authorising officer for the release of the security shall not be contested by any appeal.
The decision shall make the necessary provisions for the project in accordance with Articles 10 to 14 of Chapter 3 and other provisions on how the project must be implemented.
The decision shall describe the purpose of the application or attach the application to the decision. The decision shall correspond to the specified requirements in the opinions and reminders. In the event of a loss of compensation for the project, the decision shall provide for compensation as provided for in Chapter 13.
If the application concerns a project within the meaning of the law on the environmental impact assessment procedure, the decision shall indicate how the assessment has been taken into account. The authorisation decision shall also indicate the manner in which the river basin management plan and the management plan under the Law on the organisation of the water management and management of the sea, as well as the flood risk management plan under the Act on the management of flood risks, are: Taken into account. (30.12.2013/1193)
The decision shall be adopted after a statement of reasons and shall be deemed to have come to the attention of the persons entitled to appeal when it has been issued. The decision shall be notified before the date of its adoption on the notice board of the authorising officer.
The decision shall be communicated to the applicant. A copy of the decision shall be provided to those who have requested it, to the supervisory authorities and to the authorities of general interest.
A copy of the decision shall be sent to the municipalities affected by the project in general to be seen. The licensing authority shall notify the decision to be taken in these municipalities by a public alert. The alert shall indicate when the time of appeal ends. A copy of the alert shall be sent to the parties referred to in Article 11, to the authorities referred to in Article 9, to the authorities referred to in Article 9, to the authorities referred to in Article 9 and to the expression of opinion.
In addition, information on the decision shall be published at least in one of the affected newspapers, unless the importance of the case is insignificant or otherwise manifestly unnecessary.
The parties shall bear their own costs in the licensing authority.
The party concerned shall have the right to reimbursement of expenses if it has been necessary for him to take specific measures to show that he has a loss of compensation for the project, or if there is a special reason for the reimbursement of expenses.
If, on the application of the injured party, a compensation or measure is provided for the cause of the injury, the authorising authority may order the injured party to pay compensation to the injured party for the costs of the settlement. Where legal aid has been granted to the party concerned (257/2002) , the authorising officer shall, in the context of the settlement of the claim, confirm the amount of the assistant's fee and the beneficiary's own contribution, and shall oblige him to make a personal contribution to his assistant as provided for in that law.
Articles 1 to 11, 13, 14, 17 and 21 to 23 shall apply to the case-law of the municipality's environmental protection authority.
The water-related entity referred to in this Chapter may be established for the common implementation of the following water management projects:
(1) drainage in accordance with Chapter 5;
(2) permanent change in the average water height in accordance with Chapter 6;
(3) water regulation in accordance with Chapter 7;
(4) the entry of timber in accordance with Chapter 9;
(5) the rehabilitation of the water supply in accordance with this law, or a water management project for other similar purposes.
In addition, the other provisions of this law shall apply to the water-law Community.
Any member of the Community may decide to set up a water-law Community initiative.
The members of the water law community are the owners of the real estate benefiting from the project referred to in Article 1, the users of the project-related structures and the other beneficiaries. In addition, the members of the Community are other bodies as provided for in this law.
A list of the members of the Community shall be kept by the Community Government or the contractor in order to organise Community activities. The list shall include the identification and contact details of the Member. The information on the Member shall be deleted five years after the end of the membership. Personal data processing is provided for in the Personal Data Act (523/1999) .
For the establishment of a water-law community, the initiator shall invite all known beneficiaries and any other members to a fundamental meeting. A new invitation may be resumed without sending the meeting at the end of the meeting. At the fundamental meeting, the Community must adopt the rules and select one or more contractors or governments. At the fundamental meeting, each member shall have one vote.
At the request of the Constituent Assembly, at least one local newspaper shall be notified and a letter of invitation shall be sent to known members. In accordance with Article 26 (3) of the Joint Regional Law or by sending a letter of invitation to known shareholders, an invitation may be submitted to the unorganised part of the common area. The invitation shall be duly submitted after the letters have been posted and the notice published at least 14 days before the meeting.
The rules of Community law on water shall state:
(1) the name of the entity and the municipality of residence;
2) the purpose of the Community;
(3) the criteria for calculating the number of members of the Community at the meeting of the Community;
(4) the selection of and the number of possible substitutes at the annual Community meeting to be held annually by the agent or board member;
(5) the election of the President and the Vice-President of the Board of Directors and the length of their term of office and their remuneration;
(6) jurisdiction in designated cases to one or more of the trustee or members of the government;
(7) the convening of the contractors or the government and the decision-making process;
(8) writing the Community name;
(9) the financial year of the Community and within which time the accounts are fixed and how the accounts are to be audited;
(10) when the actual meeting of the Community shall be held;
(11) when and how to invite Community meetings and other communications to Members;
(12) the reasons for the distribution of the costs incurred by Members;
(13) organisation of financing.
The Community rules on water law shall be established by the licensing authority, subject to Article 24 of Chapter 5. Rules must be laid down if they are in accordance with the law and do not cause any damage to the Member. There may be minor changes to the rules if necessary to strengthen the rules.
Community matters must be dealt with in accordance with the rules adopted before they are adopted. The established rules must be respected, even if the decision on confirmation is not legal.
When the rules are amended, the procedure shall be as set out in paragraph 1.
There is a Community Register of Water for the Registration of Water Courts. The Water Community Register is part of the environmental protection information system. The Water Community Register is kept by the Ministry of the Environment.
The Water Community Register shall indicate:
(1) basic Community information;
(2) Community rules;
3) information on the Community Government and its premises.
The register of personal data relating to the Community shall be deleted from the register five years after the discharge of the Community.
More detailed provisions may be laid down in the Water Community Register by the Government Decree.
Registered water-related Community position and is responsible for the project. The Community may obtain the rights of its names and make commitments in order to carry out its duties under this Law.
The licensing authority shall be entered in the Community Register of Water Community. If the entity has been established and its rules laid down in the delivery, the issuing State's supervisory authority shall be responsible for the indication of the data in the water Community register.
The Community shall inform the State control authority of any changes in the information referred to in Article 6 (2). The State Supervisory Authority will make changes to the Water Community Register.
The State supervisory authority shall record the entries resulting from the decision of the administrative court of Vaasa or the Supreme Administrative Court in the Community Register of Water.
The Water Community Register is public. Everyone has the right to obtain information from the Water Community Register and the documents it contains, in accordance with the law on public authorities' activities (18/09/1999) Provides.
The licensing authority, the State Supervisory Authority and the Environmental Protection Authority of the municipality shall have the right to receive, free of charge, the information necessary for the performance of their duties under this Law in the Community Register of Water.
The decision of the Community in the field of water law is to be used by the Community. The decisions of the Assembly shall be taken by a simple majority.
The actual meeting of the Community shall be kept under the rules. If it has not been convened, each member shall have the right to request that the meeting be held.
An extraordinary Community meeting shall be held if at least one tenth of the total number of members of the Community's votes are requested in writing for the purposes of the case.
Where Community action has ceased, the Community Member or the Authority may invite a meeting of the Community to decide whether to set up a government or one or more contractors to fulfil the obligations of the Community.
The Community meeting shall decide:
(1) the beginning and the end of membership;
(2) the acquisition, transfer or fixation of the property or the transfer of other assets in the interest of the Community;
(3) the imposition of fees for Members;
(4) the selection or dismissal of the contractor, the government or its member or the auditor;
(5) the adoption of the accounts and the discharge;
(6) amending Community rules; and
7. On termination of the Community.
Notwithstanding the provision laid down in Community rules, the Government or the contractor may decide, on the basis of a provision in the Community rules, for the sale, exchange and affixing of Community property.
The Community must have either a government or one or more contractors. The government shall have a President. Powerful or bankrupt cannot be a member of a government or a contractor.
The task of the Government and the Office is to ensure the preparation and implementation of Community decisions and other practical activities. They must carefully manage the administration of the Community and take account of the interests of the members of the Community.
The government and the contractors use the Community's speaking power before the Court of Justice and represent the Community. A summons or other notification shall be deemed to have come to the attention of the Community when, in legal order, it has been notified to any of the members or premises of the Community Government.
Unless otherwise specified in Community rules, there shall be a quorum of more than half of the total number of members.
The Government's decision shall be the opinion on which the majority of the votes have been cast. However, the rules may provide for a decision to be taken by a qualified majority or unanimously. In the event of a tie, the opinion supported by the President shall be a tie. In the event of an election, the matter will be resolved by the vote.
The documents, supporting documents and correspondence relating to Community revenue and expenditure shall be kept for at least six years from the end of the year during which the financial year has expired. The accounting material shall be organised in such a way that the link between the supporting documents and the records can be ascertained without difficulty.
If the entity is the accounting law (136/1997) , the accounting system shall be organised in accordance with the provisions of that law.
The Member shall have the right of access to Community accounts and other documents relating to Community activities. The Member shall have the right to access the assistant and to obtain copies of the accounts and other documents. The Community shall be entitled to reimbursement of the costs incurred by the Community for the reproduction and transmission of documents.
A member of the Government of the Community, the contractor and the auditor shall be obliged to replace the damage he or she has caused to the Community intentionally or negligently. The same applies to this law or to Community rules in breach of Community law.
The settlement of damages and the distribution of liability between two or more liable parties is governed by the law on damages. (1999) .
The compensation for damage caused to the Community or its member shall be required in the case of the District Court.
A Member may blame the decision of the Assembly, the Government or the contractor if the decision has not been adopted in a lawful order or is contrary to the law or Community rules or violates his or her right.
The case referred to in paragraph 1 shall be brought before the authorising authority within 60 days of the date of the decision. However, if a request for redress referred to in Article 18 has been lodged, the Member shall be entitled to initiate proceedings within 30 days of the date of the notification of the appeal.
The authorising authority may, prior to the final settlement of the case, authorise the implementation of the decision, if enforcement does not render the appeal useless.
Notwithstanding the provisions of Article 17, the Member whose right to a meeting of the Community meeting, the Government or the contractor, may, notwithstanding the provisions of Article 17, may require the Community meeting to be rectified. A correction may be made on the grounds that the decision was not born in the legal order or is contrary to the law or Community rules, or infringes the right of the rectification. No adjustment requirement may be made if the decision has to be submitted to the licensing authority.
The adjustment requirement shall be made within 21 days of the date of the decision. Within 30 days of the date of the appeal, the Community Government or the contractor shall convene a meeting of the Community to examine the objection or decide in the same time that the request for review shall not be referred to the Community meeting. The Government or the contractor also has the right, in the same time, to resolve the objection to the decision it has taken.
An entity cannot erupt if it has obligations or responsibilities on the basis of a licence or right to a water economy. Where the Community is a licence holder within the meaning of the project referred to in Article 19 (19), the Community may discharge if the licensing authority has authorised the suspension of the project.
Where an entity has decided to erupt, the Community government or agents shall take the necessary winding up operations, unless the Community has chosen one or more other liquidators. The economic activity of the Community which has decided to defer shall be extended to the extent required by the appropriate clarification.
The entity that decides to defer shall pay the debts owed to it and shall assume the obligations imposed on it by the licensing authority. If not all the Community creditors are known, the entity shall take a public challenge to the unfamiliar creditors. Where the Community resources are greater than the creditor and the legal relationships between the members of the Community, the surplus shall be distributed among the members according to the number of votes.
According to Article 2 (2), any member of the Community or a member of the Community shall inform the licensing authority of the discharge of the entity within 45 days of the completion of the liquidation. The notification shall be accompanied by a final report indicating the elements provided for in paragraph 3. The licensing authority shall verify the notification. Where settlement operations relating to the discharge of the Community have been carried out as provided for in paragraph 3, the licensing authority shall declare the entity unravelled and shall enter into the environmental protection information system.
The person responsible for the project shall be obliged to compensate for the loss of interest resulting from the operation carried out under this law or by an authorisation based on it, as provided for in this Chapter, if the loss is caused by:
(1) the licensed water management project;
(2) the right to use or redeem property belonging to the other;
(3) a measure which, pursuant to Article 2 (2) of Chapter 3, is subject to authorisation but which has not been applied for, because it has not been possible to assume the consequences of the alleged loan; and
(4) Articles 5 and 6 of Chapter 2, Chapter 5, Article 9, Chapter 10, Article 9 and Chapter 18, Section 5, and the event referred to in Article 8 (1) of Chapter 9.
Where several of the projects are equivalent, they shall be jointly and severally liable for the compensation referred to in this Chapter. If the person liable has paid more than his/her share, he may collect those contributions from the other liable parties.
If one of the liable parties is apparently insolvent, his or her stay is unknown or does not pay his contribution within one month of the receipt of the claim made by more than his or her own contribution, other A deficiency.
The loss of interest resulting from the incorrect operation of a water management, sewerage or other management, a ditch or a water body, or of a device intended for the purposes of this law on the beach, shall be replaced by Article 1 If the incorrect operation does not give rise to an exceptional external cause.
The owner and holder of the installation or equipment referred to in paragraph 1 shall be responsible for the reimbursement of the loss, irrespective of their negligence. However, any loss of interest immediately incurred shall be replaced only if the owner or the holder of the structure has acted intentionally or negligently.
Notwithstanding the law of the authorisation decision, the damage caused by the collapse of a building or other unforeseeable circumstances shall be replaced by the provisions of Article 1.
If the loss referred to in paragraph 1 is a matter of a law replacing environmental damage (187/1994) (hereinafter ' the Environmental damage law , shall be subject to the law on compensation for the loss of interest.
Unless the sea is (18/04/1994) , the owner of the vessel shall be responsible for the reimbursement of the loss of interest in the waters where the loss has been caused by a deliberate or negligent procedure. The compensation shall be provided as provided for in this Chapter. The limitation of the responsibility of the Shipmaster and the lien on the sea lien shall apply to the provisions of the maritime law.
There is no compensation for any loss of interest that has been inflicted on an object that has been illegally placed in the highlands or the general way. The same applies to the fishing gear in the water, unless the loss of interest has been committed intentionally or by gross negligence.
If the lack of physical fitness or treatment of damaged property has contributed to the loss of interest, this must be taken into account when the compensation is determined.
The loss of interest and compensation for personal injury resulting from a measure under this Act or any measure adopted pursuant to this Act shall be governed by the law on compensation. In the case of environmental damage, it shall be subject to environmental damage compensation.
Subject to paragraphs 2 and 3, the matter of compensation for the loss of interest referred to in this Chapter shall be settled by the licensing authority.
Compensation for the loss of interest resulting from the submission of the delivery shall be settled in the exercise of the delivery. Subject to paragraph 3 of this Article, the municipality's environmental protection authority shall address the issue of the right to grant it and the compensation cases referred to in Article 5 (5).
The district court deals with:
(1) the issue of compensation for personal injury;
2) the case referred to in Article 3 (1), unless the matter is referred to the licensing authority under Article 128 of the Environmental Protection Act; (27/06/2015)
(3) the case referred to in Article 4, subject to the Law of the Sea; and
4), subject to Article 7, subject to Article 7 (2), or pending the management procedure referred to in Article 4 of Chapter 14.
Subject to Article 18 of Chapter 11, when granting an authorisation under this law, the authority or authority of the court shall, on its own motion, order the loss of interest resulting from the project.
When resolving the case referred to in paragraph 1, the Authority may also consider a request for compensation for the loss of interest, as referred to in Article 1 (3), of the same activity prior to the settlement of the authorisation.
The requirement referred to in paragraph 2 shall be dealt with by the authority unless there is a substantial delay. If the claim cannot be dealt with under a permit, the compensation shall be required by a separate application authority. No appeal shall be made for a change in the settlement of the claim separately.
Notwithstanding a previous solution, the authorisation authority may require an application for compensation for the loss of interest which has not been foreseen. If the loss has been caused by the settlement or by the municipality's environmental protection authority, the municipality's environmental protection authority shall decide.
A separate application also requires compensation:
(1) the loss of interest which does not require authorisation under this law;
(2) any loss of interest within the meaning of Article 3 (1), which does not fall within the scope of the District Court; and
3) on the loss of interest as referred to in Article 7 (2), unless the claim for compensation can be dealt with in the context of a permit.
The case referred to in paragraph 1 shall be initiated if the authorisation has not been prescribed for a longer period, within 10 years of the date of notification of the completion date. If the construction work has not been completed before completion of the completion notification, the time shall be calculated for completion of the construction work. However, any compensation for damage caused by the collapse of the structure or any other unpredictable cause may be claimed regardless of the time limit.
Unless otherwise provided for in this Act, the loss referred to in Article 1 shall be replaced by:
(1) the loss of interest resulting from the right to use under this law or the right to redeem immovable or immovable property;
(2) the loss, damage or deterioration caused by the loss, damage or deterioration of the immovable property or part of the movable property, or part thereof, of the property or part thereof, as well as the reduction in its return on assets, The loss of value resulting from the loss of property and the loss of property resulting from ownership, including the transfer of assets and the costs of a different kind of change;
(3) reduction or reduction of the value of other fixed or movable property belonging to the same owner as a result of the loss referred to in paragraph 1 or 2, or the transfer or redevelopment of a building or other property; The costs incurred;
(4) the loss of the right to exercise, the right to use the hydropower, the right to use the hydroelectric power, the right to fish and any other special entitlement comparable to them, or to prevent or hinder its use, as well as to any other asset value based on such a right, The loss of the benefit; however, in the case of a rental right, only in so far as the tenant does not have the right to a reduction in the rental fee provided for in Article 21;
(5) the partial or total use of a building or any other installation, equipment or equipment as a result of the loss of interest referred to in paragraph 4;
(6) the absence or significant difficulty of access to water necessary for the benefit of the consumer, other than the specific right referred to in paragraph 4, for the benefit of the benefit to the user, or of any other important potential for the use of water or its beach;
(7) the prevention or difficulty of reindeer husbandry or professional fishing in cases other than those referred to above; and
(8) the interruption of the exercise of the movement on the property affected by the measure and the costs resulting from the adjustment of the property.
Where the loss of interest pursuant to paragraph 1 arises from noise, vibration, radiation, light, heat, odor or other similar disorder, the provisions of Article 12 of the environmental damage law shall apply.
The owner of the site shall not be entitled to compensation for the water to be taken from the territory. However, if it is not insignificant, the loss of water shall be deemed to be the loss of water for the owner or, under other specific legislation, for the deterioration of water supply due to groundwater. The added value of a country based on the availability of ground water must also be taken into account when calculating the compensation for use.
Subject to Article 9 (1) (6) or (7), the compensation for the loss of interest under Article 9 shall not be regarded as a loss of interest as a result of the general use provided for in this Act.
The loss of interest referred to in Article 9 (1) (1) to (5) shall be subject to full compensation, subject to paragraph 4 or Article 12. Compensation for the supply of immovable property or a part of the property or part of a fixed assets must be provided in accordance with the law on the redemption of immovable property and special rights (603/1977) Unless otherwise provided for in this Act.
In the event of direct benefit from the measure giving rise to a loss of property, and on the basis of which he is not obliged to contribute to the cost of the project, the benefits he receives shall be taken in accordance with the In the form of compensation.
The loss of interest referred to in Article 9 (1) (6) to (8) shall be determined by the circumstances, including the immediate benefits of the project entitled to compensation if he is not involved in the cost of the project.
Compensation for the loss of interest on the ground and in the buildings, structures and equipment concerned shall be multiplied by a factor of half, if it arises from the right to redeem, to introduce permanent use or to convert to a water area Land area. The compensation for the use of hydroelectric power or lost hydroelectric power shall also be set at a half-fold. However, the loss of interest resulting from the use of the zone, the water supply, the drainage or sewerage, shall be replaced by the provisions of paragraph 1.
Where a land area falling under this Act is permanently submerged or is otherwise causing significant permanent damage to the use of another property or its territory, the owner shall: At the request of the property, the common area, or part thereof, to be redeemed. If a part of such an area is redeemed from the owner or he loses the option of using it and the remainder of the territory is used for this significant lasting harm, the affected area shall be ordered to: For redemption.
At the request of the owner, the holder may also be subject to a fixed or movable property which the owner is entitled to claim on the basis of Article 9 (1) (3) or (5) if the owner is satisfied with compensation. The loss of interest shall not be regarded as reasonable.
The compensation under this Article shall be half-fold for the property referred to in Article 11 (4).
The parties may agree on the payment of compensation and on the amount of compensation, as well as other matters relating to compensation. The contract shall be drawn up in writing.
Where the contract covers immovable immovable property or property belonging to a business mortgage, the agreement shall be subject to the consent of the holder of such a right.
The obligation shall be imposed if it is to be regarded as reasonable, instead of compensation, at its own expense, to take the necessary measures to prevent and reduce the loss of interest, in accordance with this law, the costs of which are not Disproportionate to the amount of the compensation payable for the loss.
Where an authorisation of a water economy prevents or significantly hampers the abstracting of water, the authorising officer shall, at the request for compensation, be liable, instead of compensation, to take the necessary measures to safeguard access to water.
Compensation shall be equivalent to the maintenance of equipment and structures made pursuant to paragraph 1, unless the licensing authority takes account of the circumstances.
If the loss referred to in paragraph 1 is caused by the performance or use of the abstracts, the authorising authority may, instead of compensation, give entitlement to the right to receive a quantity of water equal to or equal to the previous consumption. The administration of justice shall not entail excessive costs and shall not compromise the intended purpose of the tame. The right shall be valid for as long as it is used. The right holder shall be required to pay for the operating costs of the taking of the corresponding share of the water. The obligation to provide compensation corresponds to the necessary management and maintenance.
Where the benefit of the measure referred to in this Article is greater than the loss referred to in paragraph 1, the authorising authority may, when deciding on the measure, be required to participate in the measure in accordance with the Costs not exceeding the benefit of the benefit he receives.
The settlement obligation shall determine when and how the compensation is to be paid. Reinforced compensation shall be payable at one time, unless specific reasons require it to be paid periodically. The payment of the periodic allowance may be made, at the request of the beneficiary, for the lodging of a security approved by the licensing authority.
The decision shall determine when a decision is to be taken on the basis of which compensation is to be made.
Any financial compensation shall be payable or duly deposited at the regional administrative office, during the period prescribed by the authorising authority, prior to the imposition of a liability measure, unless otherwise agreed by the parties concerned; or Article 17 or Article 18 (2) of Chapter 11 of Chapter 11. However, the compensation shall be paid within one year of the date of the decision. The compensation shall be payable within 30 days following the adoption of the compensation decision in the situations referred to in Article 1 (3) and in the cases referred to in Article 18 (2) of Chapter 11, if the activities referred to in the authorisation have been initiated.
The compensation referred to in Article 8 (1) and (2) shall be payable within 30 days of the final date of the decision. However, in the case of periodic compensation, the 30-day deadline applies only to the instalments for the period before the settlement decision.
The amount of the loss referred to in Article 8 (1) and (2) shall at the same time be remunerated at the annual rate of 6 % from the date on which the claim for compensation was submitted to the Authority or Otherwise the question of compensation was initiated.
Where a measure causing a liability is obtained prior to the imposition, payment or deposit of compensation or, where it has already been undertaken in the manner referred to in Article 1 (3), the compensation shall be assigned to the annual Interest rate of 6 % of the measure up to the maturity date.
However, in the case of periodic compensation, paragraphs 1 and 2 shall apply only to the instalments for the period preceding the settlement decision.
Compensation shall be made available for the post-maturity period due to the default interest rate laid down in the interest law.
The person paying the compensation shall have the right to request the repayment of the allowance or the amount of overcompensation paid by the application to the authorising officer. In view of the amount and circumstances of the compensation, the licensing authority or the appeal authority may order that no reimbursement is necessary.
If the lump sum payment is to be provided for the supply of a property or an area belonging to it, the right of access to immovable property or the measure otherwise allocated under this law, and the Property has been fixed, the licensing authority must, at the same time, provide that the compensation is to be deposited with the regional management agency and distributed as provided for in the sale price of the assets. The holder of the right of the right shall have the same right as he was entitled to the property of the lien.
The compensation shall not be ordered to be deposited if the holder agrees to the non-deposit. Furthermore, the compensation shall not be ordered to be deposited if the value of the collateral is not impaired by the loss of interest or any other such cause.
If the compensation paid for the loss of interest is subject to fixed assets and is based on a measure which benefits the same property or an independent project of the same owner, it shall be authorised to: The compensation corresponding to the loss of interest shall be fixed and shall be made available for the deposit, as provided for in paragraphs 1 and 2.
The amount of the compensation due to the loss of interest due to immovable property or the eligible institution is included in the assets in question, which cannot be distinguished from it.
If, in the case of a measure within the meaning of this law, the tenant loses control or access to a part of the territory under the right of lease, he shall have the right to be reduced in respect of the loss in respect of which he has suffered loss. The issue of the reduction of the rental fee will be dealt with by the district court.
If, pursuant to Article 16 (3), the licensee has to pay compensation or part of it before the commencement of the measure and subsequently declares that he is withdrawing from a project which has not been initiated, the authorising authority may, in accordance with the procedure laid down in An application to remove the liability imposed therein.
Compliance with this law and the provisions adopted pursuant thereto shall be subject to control by the State Supervisory Authority and the Environmental Protection Authority of the municipality.
The Ministerial Decree of the Ministry of the Environment may provide more detailed provisions on the procedures for monitoring compliance with the law and its organisation.
In the event of non-compliance with this law or in accordance with its provisions, the Authority shall, taking into account the quality of the case:
(1) call for an end to the infringement procedure;
(2) initiate the administrative case referred to in Article 4;
(3) inform the police of the matter for the purposes of the pre-trial investigation, unless the circumstances are considered to be of minor importance.
The Authority or its official or office-holder shall have the right to control:
(1) obtain from the authorities and operators without prejudice to the obligation of professional secrecy laid down in the law on public authorities' activities;
2) to travel in another area;
3) carry out inspections and investigations, carry out measurements and take samples;
(4) enter the place of activity;
5) monitor the impact of the action.
The right referred to in paragraph 1 shall also be granted by a person who assists the supervisory authority.
The Authority may only take the measure referred to in paragraph 1 in the area of domestic peace if it is necessary for the protection of life, health, property or the environment, or when the Authority is justified Reason to question the act referred to in Article 1 of Chapter 16.
In the event of a breach of this law or any provision or provision adopted pursuant to it, the licensing authority may:
(1) prohibit him from continuing or repeating a provision contrary to a provision or order;
(2) order him to fulfil his obligations;
(3) order him to correct what has been done in breach of the provisions or regulations.
Where, in breach of the provisions of this Act, or in breach of the provisions adopted pursuant thereto, or where the maintenance of the ditch fails, the environmental protection authority of the municipality may issue a prohibition referred to in paragraph 1, or Order. However, where a prohibition or provision of an order is required to resolve the issue of the authorisation of the licensing authority or the compliance with the authorisation, the prohibition or order shall, however, be issued by the licensing authority. If it is found that a project requiring authorisation or an authorisation is involved, the matter shall be referred to the licensing authority.
The prohibition or order may also be issued to the new owner or holder of the property, even if it is not responsible for the establishment of the unlawful holding.
Before giving a prohibition or order to the person concerned by a prohibition or order, an opportunity to be heard shall be reserved. Where appropriate, other interested parties, supervisory authorities and authorities of general interest shall also be consulted.
The administrative procedure referred to in Article 4 shall be dealt with mutatis mutandis in accordance with the provisions of this Act concerning the handling of the application. The decision shall be issued in the form of a prohibition or evidence, as provided for in the Administrative Act.
The reimbursement of costs incurred by the party concerned shall apply mutatis mutandis in respect of the administrative law (18/06/1996) Provides.
Where a measure or a measure related to the abstracting of this law or of provisions adopted pursuant to it or an act of abstracting of water, or a failure to comply with obligations, causes or threatens to cause a significant adverse change in the water, or In addition to the nature damage referred to in Article 5 (a) of the Nature Conservation Act, the licensing authority shall, in addition to the provisions of Article 4 of this Chapter, provide for the necessary measures to be taken in order to: To prevent or restrict as little as possible or Undertake a law on the repair of certain damage to the environment (193/2009) Of the European Union. The procedure laid down in Article 5 of this Chapter shall be followed.
Paragraph 1 shall also apply to natural damage, whether intentionally or negligently, by means of a measure other than that referred to in paragraph 1, by means of a measure contrary to the provisions of this law or of the provisions adopted pursuant to it, or Negligence.
In the assessment of the significant adverse change in the water and groundwater referred to in paragraph 1, account shall be taken, in addition to other considerations, of the provisions of the river basin management plan under the Law on Water Management and Management The status and use of the waters affected by the project.
More detailed provisions on the assessment of the appreciability of harmful change and the elements to be taken into account in the assessment are laid down by a Council regulation.
The injury or damage referred to in Article 6, or the imminent threat thereof, shall, without delay, inform the State control authority and take the necessary measures to prevent or limit the harm or damage to the State As little as possible.
The authority shall intensify, unless it is manifestly unnecessary, in accordance with Article 4 or Article 6, or imposing a penalty payment or penalty payment, or at the risk of the failure to act at the expense of the defaulter or the suspension of activities. The Authority may be authorised to take the necessary measure.
Subject to this law, the penalty payment, the threat of the commission and the threat of suspension shall apply to the provisions of the (1113/1990) Provides. Payment of the costs incurred by the municipality's environmental protection authority shall apply to: Article 17 of the Code of Threats As in the case where the commission has been decided by the municipality.
If the maintenance of the structure provided for in Article 9 (1) of Chapter 2 is neglected or is not known or otherwise known to the owner of the structure, the licensing authority may, upon application, authorise the Authority to: The measures necessary to eliminate the harm or danger to the detriment of the State. The licensing authority may, upon application by the Authority, impose any costs incurred by the State as a whole or in part for non-maintenance if this later becomes apparent.
The case concerning the removal of risk or injury shall apply mutatis mutandis, as provided for in Chapter 11. The implementation of the Decision is subject to the provisions of Section 8 of Chapter 15.
Where an act or measure contrary to this law or any provisions adopted pursuant thereto causes immediate harm or danger to safety, health or other important public interest or a significant risk to another Property, the Authority may take the necessary measures to eliminate the harm or the risk.
After the measure referred to in paragraph 1, the Authority shall, without delay, initiate the administrative case referred to in Article 4 (1), unless this is unnecessary.
The Authority may suspend the activities referred to in Article 15 of Chapter 2 if it is manifestly unlawful. The Authority shall, without undue delay, initiate the administrative case referred to in Article 4 (1), unless this is unnecessary.
The Authority may provide that the official or the official who employs it shall issue the order referred to in paragraph 1.
The police are obliged to provide assistance in order to comply with this law and the provisions adopted pursuant to it. The same duty is incumbent on the customs and border control authorities in their activities.
The State supervisory authority shall inform the public authority of its notification of the notification of completion by means of a public alert in the notices boards of the municipalities in which the project is affected, in the event of significant or widespread use of the project concerned Environmental impact. The publication of the alert shall be announced at least in one of the public-spreading newspapers.
The Authority may, as a result of the notification, carry out an inspection pursuant to Article 39 of the Administrative Code or take any other measures referred to in Article 3 of this Chapter to determine whether the project has been carried out in accordance with the permit requirements.
If the case referred to in Article 4 or 6 has not been initiated at the initiative of the Authority, the case may be initiated in writing:
1) the party concerned;
(2) a registered association or a foundation intended to promote the comfort of the environment, health, nature or the environment, and the environmental impact of the environmental impact in the area covered by the rules;
(3) the location of the water economy and the rest of the municipality in whose territory the project has an environmental impact;
4) in the case of a public authority.
The decision to be adopted by the Authority, the State Inspection Authority and the Environmental Protection Authority of the municipality pursuant to this Act shall be appealed against, by appeal to the Administrative Court of Vaasa as The Administrative Loan Act. The charge for the processing of the case shall be subject to the same order as the main issue.
The application for authorisation and the application for a decision to be issued, together with the annexes, shall be sent to the issuing authority within 30 days of the notification of the decision. However, the appeal, together with the annexes to the decision on the delivery of the administrative and administrative proceedings, must be forwarded to the Administrative Court of Vaasa.
The decision referred to in Article 11 (3) of Chapter 3 of the Authority and the decision referred to in Article 15 (1) and (2) of Chapter 3 of the Authority shall be applied in writing to the authorising authority within 30 days of the date of the decision. The decision to review the request shall be made after the application and shall be communicated, as provided for in Article 22 of Chapter 11, for the adoption and information of the decision. The decision on the request for adjustment shall be amended as provided for in paragraph 1.
An amendment to a decision adopted pursuant to this Act shall apply to:
1) the party concerned;
(2) a registered association or a foundation intended to promote the comfort of the environment, health, nature or the environment, and the environmental impact of the environmental impact in the area covered by the rules;
(3) the location of the water economy and the rest of the municipality in whose territory the project has an environmental impact;
(4) the State supervisory authority and the environmental protection authority of the municipality and the municipality of influence;
(5) any other authority of public interest referred to in Article 9 of Chapter 11;
(6) Sami litigation, if the water economy is located or its effects extend to the Sami region and the project may affect the rights of the Sami as indigenous people.
The issuing authority shall inform the complaint by announcing at least 14 days in its notice board and on the boards of the municipalities in the area affected by the project. The appeal documents shall be displayed in the municipalities concerned.
The authority shall provide the applicant with the authorisation, the parties concerned, and the authorities of general interest, an opportunity to reply to the complaint, unless this is manifestly unnecessary. The Sami trial should be given an opportunity to give a response if the project is located or its effects extend to the Sami region and the project may affect the rights of the Sami people as indigenous people.
Information on the complaint shall be given in accordance with the Administrative Act. At the same time, the authority shall indicate where the documents of appeal are available and where the statements of defence can be submitted within the time limit for the submission of the defence.
The issuing authority shall forward the file of appeal, the responses, any other decision-making documents and, where appropriate, its opinion to the administrative court of Vaasa without delay, but within 30 days of the deadline for the submission of the response Termination.
If the appeal relates to a decision issued in the form of an application or a case of administrative practice, the administrative court of Vaasa shall order the documents in the case to be dealt with in the case. The administrative right shall provide the parties and the authorities with an opportunity to give a response as provided for in paragraphs 2 and 3. The administrative court shall be informed of the complaint by announcing at least 14 days on the notice boards of the municipalities concerned.
If necessary, the Administrative Court of Vaasa may reserve the opportunity to give its opinion on the complaint to the authorising authority or the municipality of the municipality.
In addition to what is laid down in the Law on Administrative Loan Act, the administrative court of Vaasa or on its order, the President of the formation of the case or the member or the rapporteur of the case may carry out an on-the-spot check.
The appeal against the delivery delivery shall not apply to the provision of the second sentence of Article 74 (1) of the Administrative Law.
The decision of the Vaasa Administrative Court on the subject of the application under this law shall be adopted after the application. The decision shall be deemed to have been brought to the attention of the party when it is given. In addition, the decision shall be notified without delay on the boards of the local authorities and the local authorities in the affected areas.
The decision shall be communicated to the appellant. A copy of the decision shall be forwarded to the interested parties and, in the case of the authorisation, the person responsible for the project if it is not the appellant. A decree of the Council of State may lay down provisions for the transmission of a copy of the decision to the authorities.
The decision of the Administrative Court of Vaasa, as provided for in this Act, shall be served as evidence of evidence as provided for in the Administrative Act.
The decision of the Administrative Court shall be appealed against the Supreme Administrative Court as laid down in the administrative law.
The decision of the Administrative Court on the authorisation of the Convention and the decision of the administrative court solely for the implementation of the decision prohibiting or suspending the enforcement of an appeal may appeal to the highest Administrative law only in the main proceedings.
Article 4 and Article 5 (2) and (3) of the Supreme Administrative Court shall apply mutatis mutandis to the Administrative Court of Vaasa.
The project must not be initiated until such time as the decision to justify it has been granted. A complaint about compensation does not prevent the start of the project. The decision adopted under this law shall not apply to the implementation of Article 31 (2) of the Law on Administrative Law.
At the request of the applicant, the administrative court may order that the project may, in spite of the appeal, be initiated in accordance with the decision. The decision may be imposed in full or in part or at any given time. The order may be issued if the reason for the initiation of the action is justified, the enforcement does not render the appeal useless and the applicant lodge an acceptable security in order to compensate for the loss of interest and costs which the annulment of the decision or Modification of the permit requirements may be caused. The guarantee shall be placed on the regional administrative authority. The requirement to lodge a security shall not apply to the State or its institution or to the municipality or group of municipalities.
The Supreme Administrative Court may order that the implementing order ceases to be valid.
Due to the urgency of the matter or other specific reasons, the Authority may order that the decision referred to in Article 4 (4) of Chapter 14 be complied with in spite of the appeal.
Accordingly, the Court of Appeal may order the decision under appeal to be implemented before a decision is taken or that the enforcement order given shall cease to be valid.
The Authority may, when adopting the monitoring plan submitted to it, order that the decision be taken in spite of the request for correction and the appeal.
The powers of the appeal court to determine the implementation of the decision shall be valid, as provided for in Article 8 (2).
Penalty, contrary to this law, is punishable under criminal law. (39/1889) § 1 to 4.
Punishment of the damage caused by the flood of damage caused by flooding, gross negligence, a general threat of a general hazard or a gross general hazard. Chapter 34 of the criminal code Articles 1, 3, 7 and 8.
Every intention or carelessness
(1) enter into a project referred to in Article 3 (2) or (3) or in Section 3 of Chapter 5 without authorisation by the licensing authority;
(2) implement the project in breach of the licence or fail to comply with the licence;
(3) endanger the natural state of the water type referred to in Article 11 (1) of Chapter 2 without any derogation from the licensing authority;
(4) fails to complete the undertaking based on the authorisation in such a way as to cause harm or danger to another or other property;
(5) fails to comply with the law or obligation of authorisation to keep the dam, the structure, the device or the embankment in or outside the water,
(6) fails to comply with the law or the obligation of authorisation to keep fit, water management or sewerage;
(7) fails to fulfil its obligations under the law or authorisation to maintain the passage of the passage; or
(8) enter into a project within the meaning of Article 4 of Chapter 5 without a decision to reach a decision or take a decision contrary to the delivery of the project;
Shall be condemned in the absence of a heavier penalty provided for in the law elsewhere, On the licensing of a water law Fine.
Every intention or carelessness
(1) to prevent, in breach of Article 10 of Chapter 2, the free flow of water in an elephant or in a ditch so that the act results in a minor breach of the private interest;
(2) to take surface water from one of the waters in accordance with Article 3 of Chapter 4, or groundwater from another area, in breach of Section 4 of Chapter 4;
(3) prevent any access to waters, timber or other forms of water or land based on a licence or law issued under this law or under this law, without legal entitlement;
(4) abuse the rights laid down in Article 9 (5) or (6) of Chapter 9 or acts contrary to the provisions of the Code;
(5) runs contrary to the decision of Chapter 4, Section 2 or Chapter 5 of Chapter 5 of the Environmental Protection Authority of the municipality,
(6) moves in water, takes water, invests in a second water area or takes the measure referred to in Article 6 of Chapter 2, contrary to Articles 3 to 8 of Chapter 2; or
(7) fails to notify the measure to the State control authority as provided for in Section 15 of Chapter 2 or Article 6 of Chapter 5;
Shall be condemned in the absence of a heavier penalty provided for in the law elsewhere, On the infringement of the water law Fine.
An act referred to in Articles 2 and 3 shall not be brought to the attention of the public prosecutor, which only has a breach of the private interest or the right, unless the plaintiff declares it to be charged.
Where there is a breach of the general interest in the criminal proceedings provided for in this Chapter, the State supervisory authority shall exercise the authority of the plaintiff.
The licensing authority shall, without delay, inform the registration authority of the decision on the validity of the loan and the mortgage register of the decision giving the right or the obligation to redeem the property or its scope, the common property Region or country of destination or property registration law (392/1985) As referred to in paragraph 2.
Where the redemption decision has become final and the compensation provided for in the decision has been paid to the owner or deposited in a proper manner, the licensing authority shall inform the registration authority.
The right to property under this law shall be transferred to the recipient of assets when the termination of the redemption has been entered in the borrowing and mortgage register.
The registration authority shall notify the person concerned of the entry referred to in paragraph 1 to the relevant property registry.
Redeemable flat-rate property, common area of real estate, or its destination, or an ancillary area, shall be constituted as real estate in the form of real estate. (554/1995) Provides.
Comfort delivery shall be initiated when the notification referred to in Article 2 (2) of the registration authority has entered the property registry administrator.
The localised area shall be released from the lien on the period referred to in Article 2 (1). The registration authority shall make the entries for the allocation or deletion of the mortgages.
If, as a result of the implementation of the project, other rights to the property cannot be maintained or the exercise of the right is significantly impeded and the holder requires the right to redeem, the authorising authority shall order The right to lapse, including when the decision has become legal and the compensation provided for the loss of the right has been paid or properly deposited.
The licensing authority shall ensure that a decision has been taken to the property information system, which has been granted a legal force:
1) to make a new or other structure for another country;
(2) placing the territory permanently under water;
(3) use a hydroelectric power belonging to another property or a common area;
4) otherwise permanently exploiting another immovable property.
In addition, the real estate information system shall be marked by:
(1) the decision by which the territory is designated as a protected zone or otherwise restricted;
(2) a contract-specific contract necessary for the granting of an authorisation, on the basis of which the applicant has the right to place the other area permanently under the water.
The marking shall also be made in respect of a decision which has been granted by force to which the right of access or restriction has been changed.
Where the right concerns the placing of a ditch, a water pipeline or a sewerage in another country, the holding of a small unit or an installation in another area, or any restriction on access or use, which affects only a small part of the property, the decision shall not be taken The real estate information system.
A decision taken by the Environmental Protection Authority of the municipality and the decision taken by the Environmental Protection Authority may also be included in the real estate information system. The decision on the delivery of the delivery system to the real estate information system shall be carried out by the State supervisory authority which issued the order for the delivery of the delivery.
If the information referred to in Article 5 cannot be entered in the real estate information system without a specific explanation, the Land Measurement Agency shall issue an order on the application by the authorising authority to carry out the property delivery. This activity shall be subject to the provisions of the property formation law governing the determination of property. (13.12.2012)
The costs of delivery shall be borne by the person who has been granted a significant right to the real estate information system or whose application is restricted to the use of the property. Where the delivery is necessary due to an overall assessment, the delivery shall be made at the expense of the State.
If a property or a project for which a licence or a right under this law has been granted or has been taken into account for the benefit of the productive measure, shall also be transferred to the other person, including the holder of the authorisation or the measure, or The rights and obligations of the participant.
The right to property and other property acquired under this law will remain in force despite the transfer of ownership.
Where a permit or a licence is passed on to another, the transferee shall inform the State control authority of the transfer. The transfer shall also be reported if the authorisation includes a fishing obligation.
The authorisation authority may, upon application, grant the applicant the right of access referred to in Articles 12 and 13 of Chapter 2 if:
(1) the applicant has been authorised under this law;
(2) the applicant, except in accordance with this law, has been deprived of the territory required by the project, but the territory, in the event of a dispute, of a bankruptcy or a claim, or for any other reason, has been removed from the person to whom it was deemed to have been granted; and
(3) the right of use, taking into account the nature and importance of the project, is deemed necessary.
If the right to hydroelectric power in a power plant is lost in the manner referred to in paragraph 1 (2), the authorising authority may, upon application, give the owner of the power plant a permanent access to this hydropower in accordance with Section 5 of Chapter 8. The authorisation to build a power plant will remain in force despite the fact that the right to a hydroelectric power plant or an area to be introduced in a power station is either wholly or partly lost as referred to above.
The holder of a right of use referred to in paragraphs 1 or 2 shall pay compensation for the right to use as provided for in Chapter 13.
However, when the right to a measure which could be authorised under this law is based on an agreement between the parties, the application may, however, be authorised for the purpose of maintaining that right, including the new owner of the property Point.
The establishment of a property is governed by the law on property formation.
The provisions of this Act concerning the property shall apply mutatis mutandis to a building or plant in another country which, with management rights, can be handed over without the owner of the land.
The licensing authority shall provide the Land Measurement Agency with a valid authorisation decision if:
(1) a decision shall be issued in accordance with Article 6 of Chapter 6; or
(2) the implementation of a project in accordance with the decision will result in the fragmentation or reduction of the accounts referred to in the Law on account arrangements to be carried out as a result of river basins, the interruption or difficulty of access to the means of transport or any other A similar disadvantage.
(13.12.2012)If the area under the water referred to in Article 6 (6) is part of a property other than a common area or a common area other than the common forest and is confined to a common water area in a different registry, the area under water shall be: Be integrated into the adjacent waters.
It is necessary to comply with the provisions of Articles 133 (a) and 133 (2), 133 (a) and (134) of the Act on the Arrangement for Waterworks.
The information system for the protection of the environment shall include information on decisions adopted by the licensing authority, the administrative court of Vaasa and the Supreme Administrative Court. (27/06/2015)
In addition, information on the environmental protection information system may be provided:
(1) decisions adopted by the environmental protection authority of the municipality pursuant to this law;
(2) delivery decisions;
(3) notifications to the supervisory authorities;
4) prior to the decisions of the authorities which were adopted under the provisions in force before the entry into force of this Act.
Identification and contact details of the relevant stakeholders may be identified.
A decree of the Council of State may provide more specific provisions for information on the information system.
The relevant authority shall be responsible for the protection of the environmental protection system. If the matter has been settled in the delivery order, the marking shall be made by the issuing State's supervisory authority.
The State control authority shall also enter into an information system for the protection of the environment as referred to in Article 4 (2) (2) of Chapter 10.
The authority referred to in paragraph 1 shall be responsible for drawing up the terms resulting from the decision of the administrative court or of the Supreme Administrative Court.
Without prejudice to the confidentiality of information, the licensing authority, the State control authority and the environmental protection authority of the municipality shall have the right to receive, free of charge, the information necessary for the performance of their duties under this law. The environmental protection information system.
The Transport Agency shall have the right to receive, free of charge, the necessary information on the general local fairway from its operator.
Where appropriate, the State Authority will report on measures to reduce the adverse effects of flooding or drought ( Damning and running analysis of the river basin ). The report shall examine measures affecting water heights and streams which may be carried out by the project manager in the performance of the water management project. In addition, the report shall examine the possibility of reconciling the measures with other water management projects in the river basin, with the result that the harmful consequences of flooding or drought as a whole are assessed as far as possible. Limited. The report shall be drawn up in sufficient cooperation with those responsible for the projects and with the relevant municipalities and other authorities.
On the basis of the damning and rennet of the river basin district, the Authority may submit to the authorising authority an application for the revision of the provisions of the water management authorisation or for the adoption of new provisions Article 21 (1) (4) of Chapter 3 Under paragraph.
The Ministry of Agriculture and Forestry may provide that the Centre for Enterprise, Transport and the Environment shall carry out the tasks referred to in paragraphs 1 and 2 in the area of the other means of life, transport and the Agency.
Where there is a flood or other alteration of water or water conditions resulting from exceptional natural conditions or other cases of force majean, which may present a general hazard to human life, safety or health, major damage Public interest or major and extensive damage to the private edu, the licensing authority shall prescribe a State supervisory authority or a water management project to eliminate the risk or reduce damage to the necessary Interim measures. The order may be given without prejudice to the provisions of this Act or any authorisation or decision adopted pursuant to it. (30.12.2013/1193)
If it is necessary, as a matter of urgency, to take temporary measures for the implementation of a given water management board in view of the drought, flood, collapse, ice or other exceptional circumstances that threaten the project, the licensing authority may, upon application, issue: The right of the water economy to take the necessary measures to prevent the adverse consequences.
The order referred to in paragraph 1 of the application may be issued by the State supervisory authority. If the urgency or other cause of urgency so requires, the application referred to in paragraphs 1 and 2 may be considered non-compliance, as provided for in Chapter 11. The decision of the licensing authority referred to in paragraphs 1 and 2 may be implemented in spite of the appeal.
In order to prevent damage or injury resulting from freezing or ice, the owner of an institution or structure shall have the right to detonate the ice, to set temporary bulb and to carry out other necessary measures.
Caution should be exercised when detonating the ice barrier. Exploding must be carried out in such a way that there is no general or commonly used winter road without a compelling need to break and the fish population will not be harmed. The police and the State control authority must be informed of the explosion.
Any loss suffered as a result of the measures referred to in Article 4 (1) shall be remunerated from State resources. The damage caused by the loss of hydropower is not considered to be an accident. Where a person entitled to compensation has received benefits from the event referred to in Article 4 (1) or from the risk prevention measures, the compensation may be adjusted accordingly.
The loss of interest resulting from the measure referred to in Article 4 (2) and Article 5 shall be replaced by the application. The person liable is the supplier of the measure.
In the absence of an agreement, the authorising authority may, on application, grant the right to carry out the soil, water quantity or other studies in the territory of another Member State necessary for the purpose of the project referred to in this Law, or On the basis of groundwater resources ( Exploration permit ). The decree of the Council of State may provide for more detailed provisions on the content of the application for authorisation and on the explanations to be attached thereto.
The investigation shall be carried out in such a way as to minimise the inconvenience to the owner of the area and the use of the area. Subject to specific reasons, the study shall be notified in advance to the owner or holder of the property.
The owner or holder of the area covered by the licence application shall be consulted on the application. The exploration permit shall be granted for a limited period and shall take the necessary provisions to avoid harm. The loss of interest in the investigation shall be replaced.
The decision on the exploration permit may be implemented in spite of the appeal. The Court of Appeal may order the investigation to be suspended or restricted. The appeal against the exploration permit must be treated as a matter of urgency.
The need for authorisation, the application of the permit requirements, the implementation of the project, the removal of maintenance obligations, the removal of the installation or the installation, or the disagreement on the restoration of conditions, the outcome of which appears to have an effect on more than The right or interest of the claimant or defendant is dealt with in the licensing authority. An application shall be initiated.
Where a case referred to in paragraph 1 has been initiated in the District Court, the District Court shall refer the matter to the licensing authority within the meaning of paragraph 1. The district court shall not settle the claim for compensation until the dispute referred to in paragraph 1 has been settled by force.
Where a dispute arises between the parties to the use of an authorisation or the right to grant an authorisation or a right of ownership, which cannot be settled in the context of an application as a preliminary question, the authorising authority shall, by decision, demonstrate the Within a period of time, to initiate proceedings in the district court or, if the matter is to be settled pursuant to Article 281 of the property formation law, in respect of the property delivery, to apply for the delivery.
The decision referred to in paragraph 1 shall not prevent further processing of the application and the settlement of the permit, unless the licensing authority considers that there are heavy reasons for the referral until the dispute has been resolved.
Where a dispute or a criminal case is pending before the General Court, which requires a particular knowledge of the matters of water management, the court or tribunal shall obtain an opinion from the licensing authority in whose territory the water condition is concerned.
Where the legal decision adopted pursuant to this law provides for the rights of use or redemption or of the compensation or obligations referred to in Chapter 13, the implementation of those provisions shall apply mutatis mutandis, The execution of the judgment.
A fee may be charged for handling a case under this law in the permit authority and in the municipality's environmental protection authority. The fee shall not be charged to the authority or the affected party at the initiative of the affected party. A fee shall be charged if the initiation of the initiation of the initiation of the proceedings is deemed to be manifestly unfounded.
The amount of the fee to be charged to the State shall be governed by the provisions of the State Payment Act and the State Council Regulation adopted pursuant to it. The amount of the fee to be charged to the municipality shall be determined in accordance with the rate accepted by the municipality. The fees of the municipality's fee shall apply mutatis mutandis to the State payment law.
The authorising authority may provide for the cost of processing the case referred to in paragraph 1 and, at the same time, provide that the case is not extended until the payment has been made or the security lodged has been lodged. The advance payment shall be based on the calculation prepared by the licensing authority.
The decisions referred to in Article 11 (3) and Article 15 of Chapter 3 of the Authority designated by the authorising authority may be charged as provided for in paragraph 1.
The following payments shall be made directly:
(1) the fishing levy;
(2) payments to be charged to members of the Community under Section 27 of Chapter 5;
3. The fees charged to the members of the Community for the permanent conversion of the central water level under Section 12 of Chapter 6;
4) pre-financing referred to in Article 39 (3) of Chapter 5 and Article 12 (3) of this Chapter.
The recovery of the charges referred to in paragraph 1 shall comply with the provisions of the Law on the implementation of taxes and charges (20/2007) Provides. However, the contribution to the complaint will be made to the Administrative Court of Vaasa.
The Ministry of the Environment, or the authority designated by it, shall provide information on authorisations and studies relating to marine protection granted under this law, such as the (1415/1994) (1) provides for.
With regard to Finland's territorial waters and the exclusive economic zone, the provisions of Article 13 (2) and (3) of the Maritime Safety Act shall apply mutatis mutandis.
The Decree of the Council of State lays down the criteria for the implementation of Council Directive 78 /659/EEC on the quality of fresh waters needing protection and improvement in order to safeguard fish life, laying down criteria for the designation of fish waters, water quality And of the operational programmes to improve water status.
The Ministry of the Environment designates areas to be considered as fish waters, confirms the analytical methods to be used for monitoring and decides to end the monitoring. Environmental management is responsible for the organisation of monitoring and the preparation of operational programmes.
The provisions of this law shall also apply to waters and waters on the border of the Kingdom, if no other provision has been provided under an agreement with a foreign country.
Subject to the agreement with the State concerned, the effects of the damage to water or groundwater in another State shall be taken into account for the purposes of this law, such as the equivalent effect in Finland.
The State Inspection Authority must notify it of the notification referred to in Article 15 of Chapter 2 to the environmental protection authority of the municipality in which the measure is to be taken or the effects of the measure Target.
Where, in the light of the variation in water levels caused by water rationing in accordance with Article 5 of Chapter 1, it is difficult to determine, the licensing authority may, where appropriate, in a decision or on an application made separately, where: The so-called border must be considered to pass.
Where water is permitted to be kept at the same height at the same height, a significant part of the growing season, the river basin boundary may be imposed on the ground in accordance with this height. Otherwise, the licensing authority shall take due account of the time and the permanence of the authorised high water levels when setting the limit.
This Act shall enter into force on 1 January 2012.
Before the entry into force of this Act, measures may be taken to implement the law.
This law repeals the water law (264/1961) (hereinafter ' the Old water law .
The regulations adopted under the Old Water Act and the decisions of the State Council and the Ministry of the Environment remain in force until further notice under this law.
If any other law refers to the water laws in force upon entry into force of this Act, this law shall be applied instead.
The provisions in force at the time of entry into force of this Act shall be governed by the provisions in force at the time of entry into force of this Act, unless otherwise provided for in this Chapter.
Where the Appeals Court annuls a decision which shall be subject to the provisions in force at the time of entry into force of this Act and to refer the case back to the full again, the case shall be dealt with and settled in accordance with the provisions of this Act.
A project or measure within the meaning of this Law, whose implementation has been legally established before the entry into force of this Act, shall be subject to the provisions and provisions in force before the entry into force of this Act, unless otherwise specified in this Chapter. Provide.
Any project or measure which has been in force at the time of entry into force of this Act shall be complied with. The implementation of the project and the measure and the review of the authorisation shall be subject to the provisions laid down in the authorisation and before the entry into force of this Act, unless otherwise provided for in this Chapter. The maintenance and deletion of the project and measure shall be governed by Article 9 of Chapter 2.
The provisions of paragraph 2 shall also apply to any other project or measure of a measure within the meaning of this Law which has been in force at the time of entry into force of this Act. The maintenance and operation of the stock shall be subject to the provisions of Chapter 5, Section 8.
If, prior to the entry into force of this Act, a permit to review the provisions of this Act or the other decision on the equivalence of the water supply has been laid down, the revision shall apply as provided for in Section 21 of Chapter 3.
Subject to this Chapter, the licensing authority may, upon application, verify, before the entry into force of this Act, the provisions contained in the decision of the other authority or issue new provisions, in accordance with the provisions of the decision of the other authority. Where applicable, the provisions of Section 21 of Chapter 3.
Where a review of the provisions or the adoption of new provisions reduces the benefits of the project and the project cannot be carried out in any other way, the authorisation holder shall be entitled to compensation from the applicant on the basis of a The possibility of a higher loss or require the redemption of the project.
The provisions of Chapter 14 of this Act shall also apply to water management projects which have been granted an authorisation or a right or started before the entry into force of this Act.
In the case of a regulatory group which has been authorised before 1 May 1991, having significant adverse effects on the aquatic environment and its use, the supervisory authority of the State concerned shall examine the possibility of reducing Adverse effects of rationing. The report shall be carried out in sufficient cooperation with the holder of the authorisation, the beneficiary municipalities and the relevant authorities. Where appropriate, the State supervisory authority shall consult other interested parties.
Where the report referred to in paragraph 1 has been carried out, the State supervisory authority, the fishing authority or the municipality may apply for a review of the licence or the imposition of new provisions, unless the harmful effects can otherwise be sufficiently reduced.
Such verification shall be subject to the condition that the benefits deriving from it are significant in the public interest. In addition, the revision must not significantly reduce the overall benefit of the regulation nor substantially alter the original purpose of the regulation, unless it has already lost its meaning. In the event that the conditions of the review appear to exist, the licensing authority may, unless there is sufficient clarification in the application dossier, also provide the authorisation holder with the necessary additional explanations. The decision of the authorising officer shall not be contested separately. If the authorisation holder has not submitted an additional report within the prescribed period to the licensing authority, it may be made at his expense. The amendment shall apply mutatis mutandis to the provisions of Article 21 of Chapter 3.
The loss of interest, if not limited, shall be made available to the applicant, in accordance with the provisions of Chapter 13, where appropriate. However, compensation will be paid from State resources if the revision is not primarily of local importance. Compensation for the loss of benefits from the provision may be adjusted, taking into account the benefits of the review and the resulting loss of interest and the time taken by the beneficiary to take advantage of the rationing.
Authorisation provisions for non-regulatory water management before the entry into force of this Act may be revised or adopted in accordance with the provisions of Article 7, where appropriate, in accordance with the provisions of Article 7. Provides.
Upon application by the State Authority, the authorising authority may also impose a monitoring obligation under Chapter 3, Section 11, for a project which has been authorised before the entry into force of this Act. The imposition and modification of a monitoring obligation shall apply mutatis mutandis to the provisions of Section 11 of Chapter 3.
In accordance with Chapter 3, Article 22, the authorising authority may also amend, before the entry into force of this Act, the provisions relating to the fishing obligation or the payment of a levy.
Such verification shall be subject to the need for it to be regarded as necessary for public or important private interests. In its decision, the licensing authority shall take into account the length of time and other relevant aspects of the imposition of the contribution.
The provisions of Chapter 10, Section 4, shall apply mutatis mutandis to a final decision on a general approach adopted before the entry into force of this Act.
The decisions of the Maritime Government, which have been adopted before 1 September 1992, shall be valid. These routes shall be subject to the provisions of this Act concerning public transport.
Where the provisions in force prior to the date of entry into force of the Old Water Law have been authorised to build a river basin, the authorising authority may, upon application, oblige the owner of the construction made pursuant to such authorisation to permit the conservation of the fish stock, The provision of equipment necessary for the security of transport, supply of the ute, or the storage of water, and to make available the quantity of water required for them.
The loss of interest resulting from the obligation referred to in paragraph 1 to the owner of the building shall be replaced if it is not limited. However, if the owner of the structure, under the legislation referred to in paragraph 1, was required to remove the structure and does not wish to remove it, the authorising authority may oblige him at his own expense to do the necessary Equipment and structures.
The provisions of this law on water-related entities shall also apply to water-related entities established before the law enters into force.
Where Community rules contain an order contrary to this law, the rule of law shall apply instead of the provision.
If, before the entry into force of this Act, a measure or a structure for the management of waste water intended for the management of waste water referred to in Chapter 10 of the old water law has been introduced before 1 April 1962, the environmental protection law 158 § provides.
Any person who has been authorised before the entry into force of this Act to a water management project or who otherwise has legally taken the measure in accordance with the provisions in force before the entry into force of this Act may, on application, comply with this law Authorisation.
The authorisation may be granted by providing, at the same time, the provisions necessary for the protection of the public or private interests, which do not, in any way, reduce the benefits of the project and do not entail excessive costs in relation to the benefits of the project.
Where, prior to the entry into force of this Act, a water economy shander has been authorised by a decision of a public authority or a right and the content of the licence or right or the holder is unclear, the licensing authority may clarify this Or replace it by a decision pursuant to this Act.
In order to safeguard the general and the private interest, the decision must be based on, or specify, the provisions necessary to avoid harm, as provided for in Articles 10 to 14 of Chapter 3. The provisions shall not, in any event, reduce the benefits accruing from the use of the authorisation or the right, or cause disproportionate costs in relation to the benefits of the project.
In the case referred to in paragraph 1 of the application, the holder of the authorisation or the holder of the right, the supervisory authority, the owner of the project which is directly the object of the project, or the holder of any other entitlement to the territory. The authorising authority may, on its own initiative, refer the matter to the Court if it is necessary in the light of the other cases pending before the licensing authority.
The provisions of this Article shall apply mutatis mutandis to any other measure lawfully implemented before the entry into force of this Act.
A permit or a right based on a decision adopted before the entry into force of this Act may be imposed in accordance with the provisions of Articles 24 and 25 of Chapter 3.
The owner of a power plant, who has been authorised under the legislation in force prior to the entry into force of the old aqua law to build a power plant and the associated long-term right to use another hydroelectric power, shall be the initiator. Provide the other partners with water power to participate in the project as provided for in Article 8 of Chapter 8. This right also applies to the owner of the power plant when his share of hydroelectric power is less than one fifth.
The application must be made before the end of the term of office, when at least four fifths of the time limit has elapsed. The initiator and those who wish to participate in the project may be granted a new authorisation and a permanent right of access in accordance with Article 8 (2), (5) and (7) of Chapter 8.
If the power plant, which has been authorised under the legislation in force prior to the entry into force of the old water law, is also used for another hydroelectric power and the power plant owner's right to hydroelectric power is not prescribed, or It is understood that the owner of the institution is entitled to the right provided for in Article 18.
Any person who can demonstrate his right to a hydroelectric power plant in a power plant referred to in paragraph 1 may request the authorisation authority to determine the period during which the owner of the power plant shall take the action referred to in Article 5 of Chapter 8. Procedure. The procedure for dealing with the case shall apply mutatis mutandis, as provided for in Chapter 14.
Without prejudice to the provisions of the Common Regional Law, the right to participate in the construction of a power plant, as provided for in Article 5 of Chapter 8, shall be the subject of a permanent right of access to hydroelectric power for which, before the entry into force of this Act, a permanent right of access to hydroelectric power has been released. Provides.
The water register referred to in Article 11 (11) of the Old Water Law is transposed into the environmental protection information system.
THEY 277/2009 , YmVM 22/2010, EV 355/2010This Act shall enter into force on 1 January 2014.
THEY 68/2013 , MmVM 7/2013, EV 102/2013
This Act shall enter into force on 1 January 2014.
THEY 87/2013 , MmVM 20/2013, EV 199/2013
This Act shall enter into force on 1 September 2014.
THEY 214/2013 , YmVM 3/2014, EV 67/2014
This Act shall enter into force on 1 September 2014.
THEY 75/2014 , TaVM 11/2014, EV 77/2014, Regulation (EU) No 347/2013 of the European Parliament and of the Council (32013R0347); OJ L 115, 25.4.2013, p. 39
This Act shall enter into force on 1 January 2016.
THEY 245/2014 , LaVM 23/2014, EV 296/2014
