Water Act Import Law

Original Language Title: Invoeringswet Waterwet

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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:

Chapter 1. Amendment of any laws

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Article 1.1

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Article 1.2

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Article 1.3

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Article 1.4

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Article 1.4a

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Article 1.5

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Article 1.6

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Article 1.7

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Article 1.8

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Article 1.9

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Article 1.10

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Article 1.11

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Article 1.12

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Article 1.13

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Article 1.14

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Article 1.15

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Article 1.16

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Article 1.17

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Article 1.18

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Article 1.19

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Article 1.20

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Chapter 2. Repeal of laws and transitional law

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Section 2.1. Repeal of any laws

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Article 2.1

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Section 2.2. Transitional provisions

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§ 2.2.1. Transitional provisions Water Act Chapter 1

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Article 2.2

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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 .


§ 2.2.2. Transitional provisions Water Act Chapter 2

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Article 2.3

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[ Expired]


Article 2.4

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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 .


Article 2.5

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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.


Article 2.6

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  • 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.


Article 2.7

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The first transmission of a report as referred to in Article 2.13 of the Water Act takes place before 16 January 2018.


§ 2.2.3. Transitional provisions Water Act Chapter 3

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Article 2.8

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  • 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.


Article 2.9

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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.


Article 2.10

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Article 2.11

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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.


§ 2.2.4. Transitional provisions Water Act Chapter 4

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Article 2.12

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  • 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.


Article 2.13

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The first revision of the plans referred to in Section 4.8 of the Water Act , is completed for 22 December 2015.


§ 2.2.5. Transitional provisions Water Act Chapter 5

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Article 2.14

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  • 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.


Article 2.15

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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.


Article 2.16

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  • 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.


Article 2.16a

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Article 2.17

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  • 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 .


Article 2.18

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Article 2.19

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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.


Article 2.20

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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.


Article 2.21

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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.


§ 2.2.6. Transitional provisions Water Act Chapter 6

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Article 2.22. ( Groundwater Act )

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  • 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.


Article 2.23. ( Law management state waterworks )

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  • 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.


Article 2.24. ( Wet Dry distilleries and indisations )

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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.


Article 2.25. ( Surface water pollution law )

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  • 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.


Article 2.25a. (transitional opinion indirect discharges)

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  • 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:

    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.


Article 2.25b. (transitional application for the enforcement of indirect discharges)

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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:

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.


Article 2.26. ( Seawater pollution law )

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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.


Article 2.27. ( Water-household law )

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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.


Article 2.28. (permits)

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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.


Article 2.29. (applications for settlement)

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  • 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.


Article 2.30. ( Soil Protection Act )

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  • 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.

  • 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 .


Article 2.31 ( Ship-handling Decree-Rhine and Inland Navigation )

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§ 2.2.7. Transitional provisions Water Act Chapter 7

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Article 2.32. (pollution charge)

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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.


Article 2.33. (groundwater levy)

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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.


Article 2.34. (damages)

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Article 2.35. (damages)

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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 2.36. (damage to water works)

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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.


Article 2.37. (grants primary water benefits)

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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.


§ 2.2.8. Transitional provisions Water Act Chapter 8

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Article 2.38. (enforcement decisions)

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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.


§ 2.2.9. Transitional provisions Water law

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Article 2.39. (adoption of, or appeals against, decisions and decisions)

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  • 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) .

Chapter 3. Final provisions

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Article 3.1

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  • 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.


Article 3.2

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Article 3.3

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  • 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.


Article 3.4

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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 2009

The Minister of Justice,

E. M. H. Hirsch Ballin