Key Benefits:
Act of 27 October 1965 laying down detailed rules on the ground for deconstitution
We JULIANA, 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 need to regulate legislation in order to ensure an effective balance of the various interests involved in the process of deconstitutions;
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:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Transport and Water State;
(b) to cooperate planning on planning: taking one or more decisions under the Spatial planning law By the Council, the College of Mayor and Mayor of a municipality or the board of a province in which that municipality is situated, which allows a ground for the ground to be eviscerated without conflict with the provisions of, or pursuant to, the That Act ;
c. Summer bed:
1 ° area between the imaginary lines on either side of the stream-ul on ordinary high summer water or ordinary tide, following the axis of the river and connecting the root endings of the cribs into the river;
2 °. to the extent that no cribs are present in the river: the area between the uverlines of the power trencher at simply high summer water or ordinary tide, passing the uplines in an imaginary line in places where water is in the External skin is in open connection with the power-geul;
3 °. ancillary channels in administration to the State;
4 °. In the case of the Reich in management ports which are in open connection with the power-geul.
A ground-up is assumed to be in the sea, if it has place there, where the soil is covered by the sea by the water of the sea at ordinary tide or just summer levels.
1 It shall be prohibited except in the case of: Articles 12 and 31 To allow, without authorisation, an owner, a member of the proprietor, a usufruct, an owner, an owner, or a member of any immovable property, which has no permit, to take place without a licence.
2 A licence may be subject to rules for the promotion and protection of interests involved in the ground, the re-establishment of the immovable property and the adaptation of the environment of the immovable property to be deused.
3 The rules referred to in paragraph 2 may in any case include:
(a) a work plan shall be submitted, according to which the ground shall be carried out, and that it is subject to the authorization of a governing body designated by the regulation;
(b) that the immovable property for which a permit to deland is granted must be brought together in whole or in parts of a condition described in the prescription;
(c) that instead of the obligation referred to in point (b), a certain amount of lump sum payment is to be paid in instalments or in instalments
d. that the costs of managing the immovable property which are debuned are wholly or partially payable;
e. that the costs related to the adjustment of the environment of the dedusted immovable property, as well as the management of the appropriate environment, to the extent that they are the result of the ground-up, must be paid in whole or in part;
f. that financial security should be provided for the purposes of compliance with the obligations imposed by the licence;
g. to be fulfilled by further requirements laid down by an administrative body designated by the provision;
(h) that the holder of the authorization is obliged to take technical measures to enable archaeological finds to be carried out in the Heritage Act be preserved in the soil;
i. that the permit holder is required to be excavated as intended for the purpose of the Heritage Act to be engaged;
(j) that the holder of the authorisation is obliged to be accompanied by an expert in the field of archaeological site, meeting qualifications to be set by the authorising administrative board.
4 A financial security referred to in paragraph 3 (f) may not be recovered from bodies governed by public law. The authorisation referred to in point (a) of the third paragraph shall be 10:28 to 10:31 of General Law governing law applicable mutatis mutandis.
5 A licence may also be attached to the licence, stating that it must be specified in such a way as to ensure that other conditions of authorisation are complied with, and that the information obtained must be made available to it. the authority of the competent authority.
6 Refusal, revocation or amendment of a licence may be made on the basis of a breach of the interests referred to in paragraph 2.
It is prohibited to act contrary to a requirement of a permit as intended in Article 3 .
This law shall not apply to:
a. In the case of water pruning or urgent or imminent danger of a breakthrough of dykes or for flood-taking of specie of grounds, which have been immediately seized;
b. the implementation of a incorporation plan as referred to in Article 17, first paragraph, of the Rural Establishment Law , with the exception of the excavations, which shall be carried out to obtain the material required for the works;
c. application of Article 30 or 31 of the Land Protection Act ;
d. application of Article 13 of the Soil Protection Act , the implementation of a reorganisation plan as referred to in Article 39 of Law Soil Protection or a reorganisation referred to in Article 39b of that Law, provided that the ground does not go beyond what is necessary for the technical achievement of a work on the spot of the ground;
e. the implementation of a management plan as referred to in Article 4.6 of the Water Act , to the extent that it includes measures or provisions related to a pollution or degradation of the soil or bank of a surface water body which is an obstacle to the attainment of the desired area quality, with the exception of deals, which shall be carried out to obtain the soil material necessary for such measures or facilities;
f. the implementation of measures as referred to in Article 5.15, first paragraph, of the Water Law , with the exception of degroundings, which take place to obtain the material required for such measures.
This law also applies to deland on the continental shelf, which is intended to be used in the Article 1 of the Mining Act .
The State owns the solids present at or immediately below the surface of the continental shelf, including minerals, intended in particular. Article 1 of the Mining Act , provided that those minerals are present at a depth of less than 100 metres below the surface area of the continental shelf.
1 In the case of a general measure of administration, the deConstitutions referred to in Article 8, first paragraph , rules relating to the manner in which the application for authorisation as referred to in the Article 3, first paragraph , shall be carried out and the particulars and documents to be provided by the applicant for the purposes of the decision on the application.
2 In the case of a provincial ordination on deconstitutions as referred to in Article 8, second paragraph , rules relating to the manner in which the application for authorisation as referred to in the Article 3, first paragraph , shall be carried out and the particulars and documents to be provided by the applicant for the purposes of the decision on the application.
In the case of the measure, Article 5, first paragraph , it may be stipulated that, in accordance with rules to be laid down by the measure, a right is to be levied in respect of the examination of the application for authorisation or modification of a licence. The rate shall be fixed in such a way as to ensure that the estimated revenue from the duty does not exceed the estimated expenditure.
1 In the case of, or under any general measure of administration, the prohibition of Article 3, first paragraph , not for the purpose of identifying categories of desoil of limited meaning for the physical environment. Those categories may be subject to rules by or under that measure.
2 In the case of a provincial regulation, the categories of unearthenings, by reason of its special nature or in particular regional circumstances, may be determined by the prohibition of the prohibition of the prohibition of Article 3, first paragraph Not true. Those categories may be subject to rules under that Regulation.
3 A system referred to in the first or second paragraph may also mean that, in respect of unearthenings in respect of which the first or second paragraph provides that the licence requirement does not apply, the obligation shall be valid until such time as the notify the intention to discontinue any designated administrative body. In the case of application of the first sentence, the time, prior to the grounds for dismissing the notification, shall also be indicated as well as the information to be supplied with the notification.
1 Our Minister is empowered to issue a licence as intended Article 3 to be granted, to be amended or withdrawn if, in the case of a point of ground, the waters of which are to be designated by a ministerial arrangement are to be used.
2 For deals other than those referred to in paragraph 1, the power to grant, amend or revoke a licence shall be based on the province of the province in which the immovable property in question is situated.
3 As regards the reconstitution in a river belonging to the waters of the waters, the jurisdiction referred to in paragraph 1 shall apply to the summer bed of the river. For the part not part of the river part of the river to the delimitation of the river due to the river Article 3.1, second paragraph, of the Water Law Member States shall exercise their powers in accordance with our Minister in accordance with the powers referred to in paragraph 2.
1 In the preparation of a decision as referred to in Article 8 are: Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable.
2 The College of Mayor and Alderman of each of the municipalities in the area of which the application for authorization relates shall be communicated to the following: Article 8 The competent authority shall, within eight weeks of the application of the request, inform whether the intended purpose of the ground is in conformity with the zoning plan, a design to be made available to it, a preparatory decision on the matter or a management regulation such as: Intended in Article 3.38 of the Spatial Planning Act And, if this does not be the case, it shall inform whether the board of mayor and aldermen is prepared to cooperate in the development of plant-based cooperation.
3 If Our Minister Article 8 The competent authority shall, within six weeks of the application of the application for authorisation, communicate to any Member State of the province in the territory of which the application for authorisation relates, whether the intended ground of ground is in conformity with a national law. Entry plan, as referred to in Article 3.26 of the Spatial Planning Act , a design for this purpose or the rules laid down in, or pursuant to, a regulation as intended by Article 4.1 of that Act , as well as, if so, provincial or local states are prepared to cooperate in the development of plant-based planning.
4 With respect to unearthed simple nature, where other interests are not or hardly involved, may be covered by the arrangements, Article 5 A derogation from the provisions of the preceding paragraphs shall be made in respect of such cases.
5 Decisions referred to in the first paragraph shall be taken after weighing the Article 3, second paragraph Those interests.
6 An authorisation shall not be granted or modified if the intended ground of the ground runs contrary to a spatial decision, unless that fight is expected to be lifted.
1 The following Article 8 the competent administrative body shall facilitate coordinated preparation of the decisions necessary for the evaltion where the applicant so requests.
2 Where a place intended for the extraction of solids by means of soil has been established in an application or zoning plan as referred to in Article 3 (1) Article 3.26 or 3.1 of the Spatial Planning Act or a management regulation as referred to in Article 3.38 of that Act , the coordination relates to all the decisions which are required further for the ground-up. In the other cases, the coordination does not apply to the Article 3 The licence referred to, unless requested by the applicant.
1 The following Article 8 (i) the competent administrative board may, from the other administrative bodies concerned, seek the cooperation necessary for the success of coordination.
2 The governing bodies referred to in paragraph 1 shall provide the cooperation requested from them.
On the preparation of the Article 10a, first paragraph , the acts referred to were Section 3.4 of the General Administrative Law applicable, except that:
a. the drafts of the acts within one by virtue of Article 8 the time limit for the competent administrative board is to be sent to the administrative board, which shall take care of the Article 3:13, first paragraph, of that law the said transmission;
b. The following Article 8 may give the competent administrative body, as regards the drafts of the decisions, to apply jointly to the Articles 3:11, 1st paragraph , and 3:12 of that law ;
c. views forward can be brought forward by any one;
By way of derogation from Article 3:18, first paragraph, of that law the decisions are taken within one of the following Article 8 period to be determined by the competent governing body;
(e) the decisions shall be sent without delay to the Article 8 competent administrative body.
1 Where the Governing Body competent to decide at first instance on an application for a decision as referred to in Article 10a, first paragraph , if it is not or is not decided in good time on the application, it may be Article 8 the competent governing body shall take a decision on the application. In the latter case, his decision shall replace the decision of the governing body at first instance. If: Article 8 (i) the competent governing body intends to take a decision on the application itself, consults with the administrative board, which is competent at first instance to decide on the application.
2 The first paragraph shall apply mutatis mutandis to decisions to be taken on the basis of its own motion.
3 If, by virtue of the first or second paragraph, the decision to be taken on an application or of the ex officio decision is taken by reason of the Article 8 (i) the competent administrative board, the administrative organ which was competent at first instance, shall pay the fees to be received in the cashier of that administrative board.
The Article 10a, first paragraph Decisions referred to are as far as they are concerned. Article 10c has been applied, at the same time as the Article 8 the competent governing body.
1 The Council shall, at the latest within one year of the decision of our Minister or of Member States, grant the College of Mayor and Aldermen to the application for an authorization of the person concerned to the decision referred to in the operative event, insofar as it was intended to Article 10, second paragraph , with regard to that desoil, the willingness to provide such cooperation has been indicated.
2 Provincial States or Member States shall, not later than one year after the irrevocable of the decision of Our Minister, grant the application for authorization in respect of the planological order referred to in that Decision. cooperation, to the extent that Member States have been Article 10, third paragraph , with regard to that desoil, the willingness to provide such cooperation has been indicated.
1 Where, in the judgment of Article 8 In the event that the competent authority cannot be expected to carry out a ground-crossing, that authority may grant authorization to deal with the implementation as long as the application has not been irrevocably decided upon. This permission is not granted, as long as the Article 3:16, 1st paragraph, of General Law governing law period of time did not expire.
2 This authorisation is granted subject to the lodging of security for the payment of the expenses in order to bring the immovable property in question to such a state as is determined by that authorisation, if the authorization is granted refused or used in a given permit.
A decision on the basis of Chapter II of this Law concerning the grant, amendment or withdrawal of a licence shall enter into force from the day following the date of expiry of the period for the submission of a statement of objection or, where appropriate, by Article 7:1, first paragraph, point (d) or (e) of the General Administrative Law Act No objection can be made, from a notice of appeal. If, during the period prescribed by the Chairman of the Governing Council of the Council of State, a request for interim relief has been made, the decision shall not enter into force until such time as that request has been taken.
If the appeal is lodged by a person other than the applicant or holder of the licence, the latter shall be informed in writing by the Secretary of the Council of State, that the appeal is brought.
1 Provincial Member States shall be empowered to levy a levy on provincial taxation in order to combat:
a. charges relating to compensation for damages resulting from Article 26 ;
(b) costs relating to the investigation of the link between a desoil and property damage and the determination of the extent of the damage.
2 The levy is due on the issue of a licence or authorisation as intended in the Articles 3 and 12 .
3 The licences shall be subject to the levy as referred to in the first paragraph of this Article. Articles 3 and 12 .
4 As a basis for the levy, the quantity of solids to be collected as a result of the licence or authorisation shall apply, measured in the form of a degraving profile.
5 Exempt from the levy are:
a. Quantits of solids less than 10 000 cubic metres in accordance with the licence or authorisation, measured in terms of the degraving profile;
b. quantities in respect of which the levy has been levied before.
6 The fifth paragraph, introductory wording and point (b), shall not apply to the extent that it has been levied for the purpose of a destination referred to in paragraph 1 and is subsequently levied for another destination as referred to in that paragraph.
7 For the purposes of the destinations referred to in points (a) and (b) of the first paragraph, separate tariffs shall be established.
8 If a licence or authorization is destroyed or revoked or is amended to reduce the quantity of solids to be collected, the levy shall, at the request of the charging officer, be refunded to the extent that the amount of the levy is not to the extent that the licence or authorisation has been destroyed or revoked or the quantity of solids for the collection of which authorisation or authorisation has been granted has been reduced.
9 If the amount to be returned is less than € 250, the refund shall not be reduced.
10 The levy shall be levied on the basis of an attack.
11 If the first paragraph, point (b), is applied, a provincial regulation shall lay down rules on the procedure for examining the application for reimbursement of costs referred to in point (b) of the first paragraph and of the opinion of the Member State concerned. as regards the application.
1 If, in connection with the application of this law, our Minister considers that on-the-spot investigations are necessary, he shall be empowered to impose the obligation on rightholders in respect of grounds or waters where that investigation is being instituted to impose on the that examination and the presentation, maintenance, use and disposal of the funds necessary for such research shall be carried out without prejudice to the right of those rightholders to compensation for damages. Equal jurisdiction as referred to in the preceding sentence shall be granted to Member States.
2 A decision to impose a tolerance shall be made available to the rightholders at least two weeks before the start of the investigation.
(1) If the applicant or the holder of a licence or the person intending to file an application for the purpose of obtaining the information required under the provisions of the Article 5, first second paragraph , must be provided in an application for authorization or modification of a licence, shall carry out investigations in the grounds or waters of which he is not the rightholder, he may be the Member of our Minister. Requests a tolerance in accordance with Article 21g -to record.
2 He shall submit to that effect an indication of the location of the grounds or waters, of the names and places of residence of the persons entitled thereto, and of the nature of the investigations.
3 In the order to impose the obligation to pay, such rules shall be laid down in respect of the person on whose request the obligation to pay is imposed, that the compensation for damage to the rightholder is adequately insured.
With regard to the enforcement of the aid provided for or under this law, the Articles 5.10 , 5.13 to 5.16 and 5.18 to 5.23 of the General Provisions Act applicable.
1 To the extent that it appears that the applicant, the holder of the licence or the person responsible for the authorisation Section 3.4 or Section 4.1.2 of the General Administrative Law has expressed its views as a result of a decision on a ground of evaining referred to in Article 3 (2) of the EC Treaty. Article 8 suffers or will suffer from any reasonable or non-dependant nature and the compensation of which is not or is not otherwise insured by other means, shall be granted to him a compensation for compensation; to be paid by our Minister from the State Treasury, in the case of a ground for the purpose of the Article 8, first paragraph , and by the provincial treasury, by the Member States in respect of which, in the case of a ground for the purpose of the ground, the Article 8, second paragraph .
2 The allowance may be granted either by means of a decision on the authorization or by a separate decision.
If by our Minister or by the Member States serving interests, representing or representing public bodies other than the Kingdom of the province, a decision shall be given as a result of which a fee may be paid. is awarded as intended in Article 26 The Commission may, in that Decision, be required to pay the costs incurred, in whole or in part, of the costs incurred as a result of the protection of the interests of the other bodies.
If by a decision referred to in Article 8 No fee has been granted, it may be requested.
1 The Articles 26 to 28 shall apply mutatis mutandis to damage caused by a rightholder as referred to in Article 3 (2). Article 21g suffer or suffer as a result of the imposition of a duty of tolerance as referred to in that Article in cases other than those referred to in the second paragraph.
2 The damage caused by the Article 21h the examination shall be carried out by the person at whose request the obligation to pay has been imposed.
The power to make municipal ordinances remains in place with respect to the subject, which provides for this law, to the extent that those regulations are not contrary to this law.
1 This law is without prejudice to the powers of establishment of legislation in the interests of water conversion, even in so far as it prohibits or restricts the grounds for dismissing the law.
2 Existing provisions of this scope shall remain in force.
This law can be cited as " De-Constitutionlaw '.
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, who so concern, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 27 October 1965
JULIANA.
The Minister of Transport and Water,
J. G. SUURHOFF.
The Minister for Housing and Spatial Planning,
P. BOGAERS.
The Minister for Economic Affairs,
J. M. DEN UYL.
The Minister for Agriculture and Fisheries,
B. W. BIESHEUVEL.
The Minister for Social Affairs and Health,
G. M. J. VELDKAMP.
The Minister for Culture, Recreation and Social Work,
M. CHEERFUL.
Issued the ninth of December 1965.The Minister of Justice,
SAMKALDEN.
