Key Benefits:
Law of 9 November 2009 repealing certain laws relating to the management of water, adaptation of a number of other laws, transitional legislation and the addition of the Water Law, with a view to the introduction of that Act (Act of Entry into Water Law)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the fact that it is in view of the introduction of the Water Act necessary to amend a number of laws, including the Water Law, and to repeal some other laws, as well as to regulate the transitional law;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The Articles 2a , 2b and 3 to 11 of the Water Attitude Act Expired.
2 Withdrawn:
a. the Groundwater Act ,
c. the Surface water pollution law ;
d. the Seawater pollution law ;
e. the Water-household law and
f. the Law on the watercourse .
Hearing of Member States of the relevant provinces and of the managers and competent authorities of the other States in the river basin district referred to in Article 1.2, third paragraph, of the Water Law , if the limits to be laid down in the measure are the same as those limits which are in force immediately before the date of entry into force of that Article, shall not be omitted. Article 2a of the Water-management Act .
[ Expired]
The guidance which has been established pursuant to Article 5 of the Law on Water Conversion shall be treated in the same way as the guidance provided for in Article 2.6 of the Water Act .
The Minister of Transport by Our Minister for Transport and Water Article 10, third paragraph, of the Law on Water Conversion shall be made available free of charge for the period up to 31 December of the calendar year following the calendar year in which the Article 2.7, second paragraph, of the Water Law to enter into force, treated in the same way as the poll card provided for in the latter Article.
1 The first reporting of deputed states referred to in Article 2.12, third paragraph, of the Water Law , shall be released before 16 January 2011, with the exception of reporting on the reports of administrators pursuant to Article 2.12, second paragraph, of that Act, which shall be released before 16 January 2017.
2 The chief reporting of the minister, intended in Article 2.12, third paragraph, of the Water Law , shall be released before 16 January 2012.
The first transmission of a report as referred to in Article 2.13 of the Water Act takes place before 16 January 2018.
1 The instructions of managers following: Article 3.2 of the Water Act in so far as they concern the waterway or port function of parts of water systems, they may be adopted no later than six years after the date of entry into force of that Article.
2 Until the date of entry into force of a designation as referred to in paragraph 1, the care of the waterway or port function shall remain with the public body immediately prior to the date of entry into force of that paragraph. Article 3.2 of the Water Act taking care of the relevant fairway or port.
The following Article 15, second paragraph, of the Law on Water Conversion shall be alert for the period running up to 31 December of the calendar year following the calendar year in which the alert is to be made. Article 3.3, second paragraph, of the Water Law shall enter into force, equivalent to the warning requirements, referred to in Article 3.3, second paragraph, of the Water Act.
1 Decisions which immediately before the date of entry into force of Article 3.4 of the Water Law Are in effect due to Article 15a, third or fourth paragraph, of the surface water pollution act shall be treated in the same way as decisions pursuant to Article 3.4, second subparagraph, of the Waterlaw.
2 Proposals as intended Article 15a, third paragraph, of the surface waters pollution act which before the date of entry into force of Article 3.4 of the Water Law received by the board concerned shall be treated in the same way as proposals pursuant to Article 3.4, third paragraph, of the Water Act.
Acts as intended Article 6, second paragraph, of the Law on Water Conversion immediately prior to the date of entry into force of Article 3.9 of the Water Act apply, shall be treated in the same way as the acts referred to in Article 3.9, second paragraph, of the Water Law.
1 A note of water management, provincial plan for the water management or management plan for the waters or for waters other than waters which has been established in accordance with the conditions laid down in the Annex. Water-household law and relates to the planning period beginning on 22 December 2009, shall be equivalent to the national water plan, the regional water plan of the province concerned or the management plan of the administrator concerned, as if: Intended in Chapter 4 of the Water Act .
2 If immediately prior to the time of entry into force of the Water Act with application of Section 3.4 of the General Administrative Law a note or plan as referred to in the first paragraph is in preparation, the Water-household law apply for further preparation, adoption and adoption of those provisions. The first paragraph shall apply mutatis mutandis to the note thus established and to the plan thus established.
The first revision of the plans referred to in Section 4.8 of the Water Act , is completed for 22 December 2015.
1 The semi-trailers intended for use in Article 5.1 of the Water Act In so far as they do not concern water conversions, it shall be fixed at the latest three years after the date of entry into force of that Article.
2 In the case of or under provincial regulation or general measure of governance, it may be determined that Article 5.1, first paragraph, of the Water Law (i) for a period to be determined in this respect, it shall not apply to any water or component thereof which may be used for the purposes of managing a watery or the State.
3 A semi-trailer, overview card or management register relating to a primary watercourse, determined in accordance with Article 13 of the Law on Water Conversion , shall be assimilated to a semi-trailer, a summary card or a management register as referred to in Article 5.1 of the Water Act .
Peilacts immediately prior to the date of entry into force of Article 5.2 of the Water Law in accordance with Article 16 of the Water-management Act The provisions of this Article shall be treated in the same way as those laid down in the first article.
1 Article 5.4 of the Water Act shall not apply to the construction or modification of a water state for which, at the time of entry into force of that Article, it shall:
a. A decision has been made by the administrator as referred to in Article 148 of the Watery Act has been approved, as far as is required, by Member States, or
b. a Royal Decree as referred to in Article 12, first or second paragraph, of the Water State Law 1900 has been established.
2 If immediately prior to the time of entry into force of Article 5.4 of the Water Act
a. still approval by the deputed states required for a decision as intended in Article 148 of the Watery Act , then
(b) with regard to a proposed royal decree as intended to Article 12, first or second paragraph, of the Water State Law 1900 a notification referred to in the third paragraph of that Article has been made,
remains the Water law applying for such approval, the Law of the Water State 1900 on further preparation, adoption and communication of that Decision.
3 The first paragraph, introductory sentence and subparagraph (a) or (b) shall apply mutatis mutandis to a royal decree established in accordance with the second paragraph of that paragraph.
1 Plan as intended Article 7, first paragraph, of the Law on Water Conversion , which has been established before the date of entry into force of Article 5.4 of the Water Act , shall be treated in the same way as a project plan as referred to in the latter article.
2 Article 5.4 of the Water Act shall not apply to the construction, strengthening or reconstitution of a primary water conversion in respect of which, before the date of entry into force of that Article, application has been granted to Section 3.5 or Article 3.33, first paragraph , or Article 3.35, first paragraph, of the Spatial Planning Act .
3 The first member and Article 5.4 of the Water Act shall not apply in respect of plans as referred to in the Article XII of the Law of the Secretary of State of Transport and Water State of 28 April 2005 amending the Watershed Act and the repeal of the Delta Act large rivers, the Delta Act, the Deltaschae Act, the Damage growers Act, the Permit Law Westerschelde, the Zuidersea Act and the ZuiderzeeAid Act (Stb. 275), which were approved by the Member States before the entry into force of Article 5.4 of the Water Act.
1 The right to be applied immediately before the date of entry into force of the Article 1.13 , except the Articles 76m to 76o of the Soil Protection Act , shall continue to apply with regard to the reorganisation of pollution in the soil or bank of a surface water body for which a decision as referred to in point (a) is intended to be taken prior to that date. Article 29, first paragraph, of the Soil Protection Act has been given under Article 37, first paragraph, of the Soil Protection Act it is established that emergency clean-up is necessary. The first sentence shall apply until such time as the competent authority is in accordance with Article 39c, second paragraph, of the Soil Protection Act has agreed to the report of the remediation.
2 Orders as referred to in Article 30, second to fourth paragraphs , in conjunction with Article 35, first paragraph, of the Soil Protection Act , given before the date of entry into force of Article 1.13 , from that date, are to be considered as orders referred to in Article 30, second to fourth paragraphs, of the Soil Protection Act in conjunction with: Article 5.15, second paragraph, of the Water Law .
3 Orders as referred to in Article 43, first, third or fourth members , in conjunction with Article 63a, 1st paragraph, of the Soil Protection Act to carry out further investigations or the adoption of temporary security measures, given before the date of entry into force of Article 1.13 , from that date, shall be considered as orders intended to be used in the Article 5.16, first, second or third paragraph, of the Water Law to carry out research or the adoption of temporary security measures.
4 Orders as referred to in Article 43, first, third or fourth paragraph, of the Soil Protection Act to carry out further investigations or the taking of temporary security measures, relating to the soil or bank of a surface water body given by the Member States before the date of entry into force of this Directive; Article 1.13 , from that date, shall be considered as orders intended to be used in the Article 5.16, first, second or third paragraph, of the Water Law to carry out research or the adoption of temporary security measures, given by the administrator, intended in Article 1.1 of that Act .
5 Article 74 of the Soil Protection Act continues to apply in respect of orders referred to in Article 30, third or fourth member , or Article 49 in conjunction with Article 30, third or fourth paragraph, of that Act, in relation to the soil or bank of a surface water body given by the Member States before the date of entry into force of that Act. Article 1.13 .
6 Article 75 of the Soil Protection Act shall continue to apply in respect of the stories of the costs of research and reorganisation and remediation cases of serious pollution of the soil or bank of a surface water body, to the extent that such costs are -before the date of entry into force of this Regulation, or to carry out a restructuring order before the date of entry into force of this Regulation, or Article 1.13 .
1 An obligation of tolerance immediately prior to the date of entry into force of the Articles 5.21 and 5.22 of the Water Act is in force for a rightholder in respect of land or waters Article 31 or 32 of the Land Water Act is equivalent to a tolerance provided for in Article 5.21, or 5.22 of the Water Act.
2 An obligation of tolerance immediately prior to the date of entry into force of Article 5.24 of the Water Act is in force for a rightholder in respect of land or waters pursuant to a decision as referred to in Article 12 or 12a of the Water State Law 1900 is equivalent to a tolerance as referred to in Article 5.24 of the Water Act.
An immediate contingency plan as referred to in Article 5.29 of the Water Act, immediately prior to the entry into force of Article 5.29 of the Water Law Article 69 of the Water State Act 1900 shall be treated in the same way as a contingency plan as referred to in Article 5.29 of the Water Act.
Measures which are effective immediately before the date of entry into force of Article 5.30 of the Water Act Article 72 of the Water State Act 1900 as long as they have not yet fully been implemented, shall be treated in the same way as measures under Article 5.30 of the Water Act. A notification that in accordance with Article 73 of the Water State Act 1900 was done in respect of such measures with a notification pursuant to Article 5.30 of the Water Act.
A command under Article 74, first paragraph , or 75 of the Water State Law 1900 which is in force immediately before the entry into force of Article 5.31 of the Water Law, shall be treated as a designation under Article 5.31, first sub-paragraph, of the Water Act.
1 An authorisation with regard to an act as referred to in Article 6.4 of the Water Act , which shall be effective immediately before the date of entry into force of that Article of the Water Act, in accordance with Article 14 of the Groundwater Law , is equivalent to a water permit issued by the Member States as intended for the purpose of the Water Act for the operation in question.
2 A permit in respect of the removal of groundwater or the infiltration of water in other cases than in the case of Article 6.4 of the Water Act , which shall be effective immediately before the date of entry into force of that Article of the Water Act, in accordance with Article 14 of the Groundwater Law , is equivalent to a water permit issued by the board of the water concerned as intended in the Water Act for the operation in question, in so far as a water regulation or a general measure of management, as referred to in point (a), is Article 6.5 of that Act a permit or a waiver for that operation is required.
1 An authorisation with regard to an act as referred to in Article 6.5, part c, of the Water Act , which shall be effective immediately before the date of entry into force of that Article, in accordance with Article 2 of the Law on State Water Works , is equivalent to a water permit granted by Our Minister of Transport and Water State as intended in the Water Act for the operation in question, in so far as it is required under Article 6.5 (c) of that Act.
2 A ban or restriction with regard to any of the in Article 1 of the Law on State Water Works Such waters, water conversions or works of art in accordance with Article 6 of that Act immediately before the date of entry into force of Article 6.10 of the Water Act is in force, shall be equivalent to a prohibition or restriction as referred to in the latter article.
A concession for an act as referred to in Article 6.5, part c, of the Water Act , which shall be effective immediately before the date of entry into force of that Article, in accordance with Article 1 of the Law of 14 July 1904 (Stb. 147) laying down provisions on the undertaking of dry maeries and indisations , is equivalent to a water permit granted by Our Minister of Transport and Water State as intended in the Water Act for the operation in question, to the extent that it is required under section 6.5, paragraph c of that Act.
1 A permit from Our Minister of Transport and Water State or the Board of a Water in relation to an act as referred to in Section 6.2 of the Water Act , which is effective immediately before the time of entry into force of that Article of the Water Act Article 1 (1), first, second or third paragraphs, of the surface water pollution act , is equivalent to a water permit granted by Our Minister of Transport and Water Resources to the Water Board as intended in the Water Act for the operation in question, unless Article 6.7 of that Act an exemption shall apply.
2 A permit with respect to discharge using a work connected to another work which is immediately prior to the time of entry into force of the Section 6.2 of the Water Act is in force by Article 1, second paragraph, of the surface waters pollution act , if the discharge of Article 6.2 of the Water Act does not apply, it shall be treated in the same way as:
a. if the discharge occurs from a device as specified in Article 1.1, third paragraph, of the Environmental Management Act : a permit under Article 8.1 of that Act , granted by the authority responsible for that establishment in accordance with Article 8.2 of that Act ;
b. if the discharge occurs otherwise than from a device as referred to in Article 1.1, third paragraph, of the Environmental Management Act : a waiver under Article 10.63, first paragraph, of that Act , granted by mayor and aldermen.
3 The daily management of the watership shall transfer to the records relating to licences as referred to in paragraph 2:
a. In cases as referred to in subparagraph (a) of that paragraph, the competent authority referred to in that subparagraph;
b. In cases as referred to in subparagraph (b) of that paragraph: Mayor and aldermen.
4 The third paragraph shall not apply to documents which, according to the Archive Act 1995 have been transferred to an archive store.
1 Until the date of entry into force of Article 2.26 of the General Provisions Act , establishes the competent authority for a licence as referred to in Article 4 (2) Article 8.1, 1st paragraph, of the Environmental Environment Act , where, from a facility to which a gpbv plant belongs or from an establishment belonging to a designated category of establishments as referred to in Article 8.1, second paragraph, of the Environmental Management, wastewater or other wastes Act, a supply for the collection and transport of waste water is brought, following the application for that permit, the daily management of the Article 3.4, first paragraph, of the Water Law of the said watership or the administrator of the surface water body to which the waste water is to be taken from that facility, shall give an opinion on the occasion.
2 If, as a result of the activity for which authorisation is requested:
(a) the effective functioning of the purification of the purity would be impeded; or
b. the under Chapter 5 of the Environmental Protection Act Limit values for surface water quality were to be exceeded,
the advice may be that the rules contained therein which are necessary to prevent such effects are to be subject to the authorisation. If such effects cannot be prevented, the opinion may be that the authorization must be refused in whole or in part.
Until the date of entry into force of the Article 5.20 of the General Provisions Act , in cases where an establishment belonging to a category of devices is intended to be intended to be Article 1.1, third paragraph, of the Environmental Management Act , from which waste water or other waste is placed in a supply for the collection and transport of waste water, as a result of which:
(a) the effective functioning of the purification of purity is impeded; or
b. the under Chapter 5 of the Environmental Protection Act limit values for surface water quality,
the daily management of the Article 3.4, first paragraph, of the Water Law Referred to as water or the administrator of the surface water body to which the waste water is to be transported from that facility, to the extent necessary to reduce or eliminate such effects, the governing body responsible for that establishment is a call for a decision to impose administrative constraints, impose a penalty on the penalty payment or withdrawal of a licence or a waiver. The competent administrative body shall, in so far as it is not contrary to the interests of the protection of the environment, shall act accordingly.
An exemption with regard to an act as referred to in Article 6.3 of the Water Act , which shall be effective immediately before the date of entry into force of that Article of the Water Act, in accordance with Article 3 of the Water Pollution Act , is equivalent to a water permit granted by Our Minister of Transport and Water State as referred to in the Water Act for the relevant act, unless under Article 6.7 of that Act an exemption shall apply.
An authorisation in respect of an act as referred to in Article 6.5, part a, of the Water Act , which immediately before the date of entry into force of Chapter 6 of the Water Act is in force according to Article 24 of the Water-management Act , shall be treated in the same way as a water permit as specified in the Water Act for the operation in question, in so far as it is required by Article 6.5, paragraph a, of that law, or a regulation of a water supply.
A permit or a waiver for an act in a water system or a protection zone immediately prior to the time of entry into force of Chapter 6 of the Water Act is in force in accordance with a regulation of a watership equivalent to a water permit issued by that water, provided that, after that date by such a regulation, still a licence or a derogation for that water act is required.
1 The right to be applied immediately before the date of entry into force of the Section 6.2 of the Water Act shall continue to apply in respect of the preparation and adoption of a decision to an application for authorisation, exemption or concession issued prior to that entry into force, as referred to in:
ed. Article 1 (1), first, second or third paragraphs, of the surface water pollution act ,
g. a regulation of a watershelf as intended Article 6.13 of the Water Act As well as the decision on an objection or appeal lodged, the decision shall be made at the same time as it is decided.
2 A licence, exemption or concession granted in accordance with paragraph 1 shall be treated as a water permit for the act in question, as soon as it has become irrevocable, as soon as it has become irrevocable; as far as after the entry into force of Section 6.2 of the Water Act still a permit or a waiver for that act is required.
1 Article 6.8 of the Water Law shall also apply to any person who, before the date of entry into force of that Article, has carried out acts as intended for the purposes of the Articles 6 to 11 of the Soil Protection Act As they were immediately prior to the date of entry into force of the first Article 6.8, and who knew or could reasonably have suspected that these acts could contaminate the soil or the bank of a surface water body, or impaired.
2 A designation as intended Article 27, second paragraph, of the Soil Protection Act , given by Our Minister of Transport and Water State or deputed States before the time, referred to in the first member, which relates to any contamination or degradation of the soil or bank of a surface water body due to acts as referred to in paragraph 1 shall be treated as a designation as referred to in the first paragraph of this Article. Article 6.9, 2nd paragraph, of the Water Law , given by the administrator, intended in Article 1.1 of that Act .
3 A decision to apply administrative coercion or a charge of penalty payment, given by our Minister of Transport and Water State or deputed states before the time, referred to in the second paragraph, on the subject of an infringement of Article 13 of the Soil Protection Act certain of the soil or bank of a surface water body shall be treated in the same way as a decision to apply administrative coercion or a charge of penalty payment, given by the administrator, as referred to in Article 2 (1) (a) of Regulation (EC) No 523. Article 1.1 of the Water Act .
1 After the entry into force of the Articles 6.6 , 6.7 and 10.1 of the Water Act is the Ship-handling Decree-Rhine and Inland Navigation on those articles, in so far as that decision had been based on the previous Article 1, third paragraph , and 2f of the surface waters pollution Act .
After the date of entry into force of Article 1.15 is the Ship-handling Decree-Rhine and Inland Navigation On Article 39 , 39th , 39g and 39i of the Inland Act In so far as that decision was based earlier on Article 28c , 28th , 28i Other 28k of the Law pollution surface waters .
The provisions of, or under Chapter IV of the Surface Waters Pollution Act As it was immediately prior to the date of entry into force of the Chapter 7 of the Water Act , will continue to apply to tax periods that have been started prior to that time.
The provisions of, or under Chapter VI of the Fundamental Water Act As it was immediately prior to the date of entry into force of the Chapter 7 of the Water Act , will continue to apply to tax periods that have been started prior to that time.
1 The Articles 7.14 to 7.17 of the Water Act shall not apply if the damage was caused by a performance of a task or power that occurred before the entry into force of those articles.
2 The Articles 12b or 78 of the Water State Law 1900 , 9 of the surface waters pollution Act , 40 and 41 of the Water Attitude Act or 41 and 42 of the Land Water Act As they were in place immediately before the date of entry into force of the Chapter 6 of the Water Act , shall continue to apply in respect of any damage referred to in paragraph 1, where they are covered by those provisions by the Member State.
The Articles 7.18 and 7.20 of the Water Act shall not apply in respect of damage as referred to in Article 7.18 of that Act caused before the date of entry into force of that Article. In the case of damage, the Articles 35 and 36 of the Land Water Act As they stood immediately before that time, applicable.
Article 7.21 of the Water Act does not apply where damage as referred to in that Article has been caused before the entry into force of that Article. With respect to such damage remains for water state works in management at the realm Article 9 of the Law on State Water Works or, for other water works, Article 12c of the Water State Law 1900 , like those articles, immediately prior to that time, applicable.
With regard to subsidies granted under Article 12 of the Law on Water Conversion The provisions of this Article shall continue to apply to and pursuant to the said Article, which was immediately prior to the date of entry into force of Article 7.23 of the Water Law.
The Governing Body which before the date of entry into force of the Chapter 8 of the Water Act a decision implementing administrative coercion, imposition of a charge on the penalty or withdrawal of a licence or a waiver has been given in respect of an infringement of a rule which is repealed by that law, but as a result of the application of the law. § 2.2.6 remains in force following that revocation, shall remain competent in relation to that decision.
1 Chapter XIX of the Water Law shall continue to apply in respect of decisions and decisions which are subject to the approval of the Member States under that Chapter, if they are adopted before the date of entry into force of that Chapter. Article 1.8 (E) .
2 Chapter XX of the Water Law shall continue to apply to decisions against which interested parties may, pursuant to that Chapter, make an administrative appeal to the Member States concerned, if they are adopted before the date of entry into force of that Chapter. Article 1.8 (F) .
1 The text of the Water Act shall be placed in the Official Gazette.
2 For the placement in the Official Gazette, Our Minister for Transport and Water State shall redefine the numbering of the Chapters, paragraphs and articles of the Water Law and bring the citations of the chapters in this Act, paragraphs and articles with the new numbering in accordance.
1 The Articles 1.3 and 1.8, Parts B, E and F , enter into force as from the day following the date of issuance of the Official Gazette in which they are placed.
2 The other articles of this Law enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Import Act Water Law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 9 November 2009
Beatrix
The Secretary of State for Transport and Water,
J. C. Huizinga-Heringa
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Published the twenty-fourth of November 2009The Minister of Justice,
E. M. H. Hirsch Ballin
