Water law

Original Language Title: Waterschapswet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Law of 6 June 1991, laying down rules for the supply of water

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 that, Article 133 of the Constitution (i) rules must be laid down to ensure that the abolition and establishment of water bodies and the tasks and establishment of the water and the composition of their boards are regulated;

whereas, under the same constitutional provision, the regulation and other powers of the boards of water, the publicity of their meetings, and the supervision of those boards should be regulated;

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:


Title I. The water shelves

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter I. Introducing provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Waterboards are public bodies which aim at the water-state care of a given area.

  • 2 The tasks assigned to that purpose on water shelves or are dedicated to water system care and the care of purifying wastewater at the foot of the water system. Article 3.4 of the Water Law . In addition, care may be or be directed for one or more water state matters.

  • 3 Water system concerns referred to in paragraph 2 include the prevention of damage to water state works caused by musk and beverrats intended for use in the water system. Article 3.2A of the Water Act .


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The power to abolish and set up water, to regulate their area, tasks, establishment, composition of their administration, and to the further regulation of waterboards belongs to provincial states, subject to the provisions of the in the Articles 7 , 8 and 9 . The exercise of this competence shall be exercised by a provincial regulation.

  • 2 For the exercise of the power referred to in paragraph 1, duties shall be as intended: Article 1, second paragraph, first sentence , to be entrusted to water shelves, unless this is not compatible with the importance of proper organisation of water-state care.

Chapter II. Provisions for the elimination, establishment and regulation of waterboards

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If, in the judgment of the Member States, grounds are present for considering the lifting or establishment of a watery, the adoption of a watery procedure or a modification of such regulation, they shall act for the purpose of establishing a determination of their position in consultation with the day-to-day management of the watership or the water boards concerned, before applying to Article 4, first paragraph .

  • 2 Deputised states should act accordingly if they have to adopt their position on either a similar proposal from the general administration of a water or an intention by our Minister of Infrastructure and the Environment. By Article 8, second paragraph .


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In their proposal to the Member States, the Member States deputed for the decision to adopt the decision both the draft decision and the views expressed, or a summary thereof, together with their views on these points of view.

  • 3 Member States shall forward to the Minister of Infrastructure and the Environment the decision adopted by the provincial States, with the documents referred to in the second paragraph, within four weeks.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

A decision by the Provincial Council to abolish or establish a watership or to establish or modify the task or area of a watership needs the approval of Our Minister for Infrastructure and the Environment. Approval may be withheld only in respect of a breach of law or general interest.


Article 5a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of or pursuant to the rules of procedure, in connection with the adoption or amendment of the task of a watership, the state of water shall, on a given date, be assigned to the province, a municipality or one of its members. the application of the Act common rules established public body to the watershelf.

  • 2 The old and the new manager shall, unless otherwise agreed, accept, within two years from the date referred to in paragraph 1, unconditional acceptance of the immovable property in question, in so far as it is not not included in or under the Regulation.

  • 3 The old and the new manager shall, unless otherwise agreed, jointly establish, within six months of the date referred to in paragraph 1, whether due to the transfer of rights and obligations, and to what amount. In the absence of agreement within that time limit, the old and the new administrator shall decide, deputed States, or-if the province is the former administrator-our Minister of Infrastructure and the Environment.


Article 5b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If provincial states decide to dissolve a watery and to do the area thereof to an existing or simultaneously established watershelf, the rights and obligations of raising water on the date of termination will be abolished. over to the watershelf to which his area is transferred, without any further deed being applied for that.

  • 2 Legal proceedings and legal proceedings involving an unwound of water as referred to in paragraph 1 shall continue as from the date of termination by and against the watery to which his territory has been transferred. In relation to the proceedings, the eleventh section of the second title of the first book of the Code of Civil Procedure shall apply mutatis mutandis.

  • 3 Where, pursuant to the first immovable property, deputed States shall, without delay, register the transfer in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil Code. Article 24, first paragraph, of Book 3 of the Civil Code does not apply.

  • 4 The first to third paragraphs shall apply mutatis mutandis, if provincial States decide to transfer part of the area of a watership to that of another watership.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

The lifting or establishment of a watership or the establishment of a regulation of a watery, the territory of which is situated in two or more provinces, shall be effected by a common decision of the provincial authorities of the Member States concerned. provinces. The same shall apply to the amendment of that Regulation, unless these colleges, by the Rules of Procedure, adopt amendments which, in their judgment of limited scope, are to be borne by one of them. The Articles 3 and 4, first to fifth paragraphs , shall apply mutatis mutandis. These articles shall be applied by a committee from the middle of the relevant colleges, unless such colleges decide to forward this application to one of them.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the boards of two or more provinces do not reach agreement or not within a reasonable period of time as to the elimination or establishment of a water authority for the provision of water to the water authorities of a region situated in their provinces, or the adoption or amendment of a regulation of such water, since they differ as to whether or not the content of the decision is to be taken, may be provided for therein by a general measure of management. Article 27d of the Law on the Council of State shall apply mutatis mutandis.

  • 2 Before making a nomination to that general measure of governance, our Minister of Infrastructure and the Environment shall apply mutatis mutandis Article 4, first and second paragraphs , and hear deputed states from the respective provinces.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • (1) If the importance of a proper organization of water-management services of an area situated in one or more provinces, the removal or establishment of a watership or the establishment or amendment of the Rules of Procedure for a region, the the province or provinces of the province or provinces do not take the necessary decisions, they may, by royal decree, hear the Council of State, be invited to do so within a decision to be taken in that Member State. period. Article 27d of the Law on the Council of State shall apply mutatis mutandis.

  • 2 If our Minister of Infrastructure and the Environment has the intention of promoting a decision as referred to in paragraph 1, he shall inform the Member States of the province or provinces of whose territory it is concerned, under the communication of the the considerations on which the intention is based.

  • 3 Within 12 weeks after the notification referred to in the second paragraph has been made, consultations shall take place between Our Minister of Infrastructure and the Environment and the College or the colleges of the Member States of the relevant province or provinces.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If to an invitation as intended in Article 8, first paragraph Failure to comply within the prescribed time limit may, subject to an extension of that period, be waived or established by a general measure of management in accordance with the scope of the call for a watership and the rules of procedure governing a to be established or amended. Article 27d of the Law on the Council of State shall apply mutatis mutandis.

  • 2 Before making a nomination to that general measure of governance, our Minister of Infrastructure and the Environment shall apply mutatis mutandis Article 4, first to fourth paragraphs , and shall hear deputed states from the respective province or provinces.

  • 3 The general measure of management shall not enter into force until eight weeks after the date on which it is in the State Sheet was placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.


Title II. The composition and establishment of the management of water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter III. Introductory provision

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The management of a water system shall consist of a general administration, a day-to-day administration and a chairman, without prejudice to the rules governing the name of the respective administrative bodies.

  • 2 The Chairman is Chairman of the General Board and the Executive Board.

Chapter IV. General governance

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. Composition

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 11 [ Exposition by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration is made up of representatives of categories of stakeholders in the exercise of the tasks of the water landscape.

  • 2 In the general management, the following categories of stakeholders are represented:

    • a. residents;

    • (b) those who, by virtue of ownership, possession or restriction, have the enjoyment of unbuilt immovable property, other areas of nature, as intended Article 116 (c) ;

    • c. those who, by virtue of ownership, possession or limited right, have the pleasure of nature reserves as intended in Article 116 (c) ;

    • d. Those who, by virtue of the ownership, possession, limited right or personal property, have property in use as an operating space.


Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Governing Council shall consist of a number of members of not less than 18 members and a maximum of 30 members, as laid down in the Rules of Procedure.

  • 2 For the determination of the number of representatives of each of the Article 12 the categories referred to shall be taken into account, the nature and the scale of the interests or interests of the category in the exercise of the tasks of the water.

  • 3 The total number of representatives of the Article 12, second paragraph, parts b, c and d The categories referred to shall be at least seven and no more than nine, except that the total number is not more than eight, if the general administration consists of 18 members.


Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The representatives of the categories of interested parties referred to in Article 12, second paragraph, points (b) and (c) , be appointed by the organizations designated for this purpose by the Regulation or, as far as the regulations have not yet been provided, a body designated by Our Minister. Where more than one organization is designated for a category, the rules shall determine the manner in which the designated organisations shall be appointed.

  • 3 The organisations referred to in the preceding paragraphs shall, in good time, provide for a system of selection and appointment of the representative or representatives of the relevant category of interested parties, and shall submit the scheme Knowledge of the management of water. The water management system makes the arrangements known.


§ 2. The term of office, membership and place of exchange

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 They shall take effect at the same time as from the Thursday in the period from 23 to 29 March.

  • 3 The person who has been appointed to the performance of an open case shall resign at the time when those in whose place he is appointed would have been forced to resign.


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link

The organisation shall notify the appointed written knowledge of his appointment. At the same time, the organisation shall notify in writing of the appointment to the general administration.


Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The appointed shall communicate no later than the 10th day following the day of the day of the notification, as referred to in Article 17 , the general administration in writing, that he accepts the appointment. In the event of an appointment to take place after the first meeting of the new general administration, the appointed person shall, at the latest on the twenty-eighth day following the date on which the notification is made, inform the general administration of the appointment of the new Executive Board of Directors. Accept.

  • 2 At the same time as the communication that he initiates the appointment, the appointconcerned shall submit a summary of the public relations which it has held.

  • 3 Unless the appointed person at the time of appointment was already a member of the general administration, he shall also submit a certified copy of the basic registration of persons, indicating his place of residence and date and place of birth.

  • 5 If the appointed person does not accept the appointment, he shall, by letter of communication to the Chairman of the general administration, within the time limit specified in paragraph 1. It shall inform the organisation accordingly.

  • 6 The communication is not to be accepted within the relevant time limit referred to in paragraph 1, and it is deemed not to accept the appointment.

  • 7 As long as it has not yet been decided upon to accept the appointed, he may, by letter to the general administration, state that he shall return to the date of adoption of the appointment. This communication shall be deemed to be non-acceptance.

  • 8 The Chairman of the General Board shall inform the organisation that the appointed person has accepted the appointment or that he has not done so.


Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The General Board shall examine the notification referred to in Article 17 , immediately, and decides whether the appointed member is admitted as a member of that general board. In doing so, it will determine whether the appointed meets the requirements for membership, named in the Articles 31, first and second members , and 33, first and second members , and whether the appointment, intended to Article 14 , according to the law and the rules of procedure have been implemented.

  • 2 If the general board decides on the non-admission of a named one, the Chairman of the general board shall notify it to the organisation and to the appointed.

  • 3 No later than the 30th day after the notification has been received, the organisation shall appoint a representative.


Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If by application of the Article 31, third paragraph , or 33, fourth member , it is irrevocably determined that a member of the general administration has ceased to be a member, and the chairman of the general administration shall immediately inform the organisation thereof.

  • 2 A corresponding notification shall be made if the death of a member has been open to a place in the administration of the administration.

  • 3 A member admitted to the general administration may, at any time, resign. There can be no return to any resignable dismissal. Resignation with retroactive effect shall not be possible.

  • 4 The member notice his resignation in writing to the Chairman of the General Administration. It shall forthwith inform the organisation thereof.

  • 5 Following the notification of the Chairman of the General Board, referred to in the first, second and fourth members, the organisation shall appoint a new representative for that purpose. The Articles 17 to 19 shall be subject to such appointment and admission.

  • 6 Members of the general administration who have sent their resignation, also if they have resigned from a certain point of time, their membership until the admission of their successors has become final.


Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Chairman of the General Board shall grant to a member of that Board who has been admitted to his/her application temporary dismissal for pregnancy and childbirth at the date specified in the request, which shall be between not more than six weeks and at least four weeks before the probable date of confinement, as is apparent from a doctor or obstetrician submitted by the member. The request, referred to in the first sentence, shall not be complied with if the time at which the request is made is within a period of 16 weeks before the end of the sitting period, as referred to in the first sentence of Article 16 .

  • 2 The Chairman of the General Board shall, on request of a member of that body, temporarily discharge his or her application if the member is unable to exercise his or her part due to sickness and, according to a doctor's statement, is likely to be the result of his or her exercise of membership will not be able to resume within eight weeks. The temporary dismissal shall take effect on the day following the publication of the decision on the request. The request, referred to in the first sentence, shall not be complied with if the time at which the request is made is within a period of 16 weeks before the end of the sitting period, as referred to in the first sentence of Article 16 .

  • 3 The membership of the member to which temporary dismissal as referred to in paragraph 1 or second member has been granted shall be renown as from the day on which sixteen weeks have elapsed since the day from the date of temporary dismissal.

  • 4 A member of the general management shall be dismissed at most three times per parliamentary term, as referred to in the first or second member.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Chairman of the General Board decides on a request for temporary dismissal as referred to in Article 4 (2). Article 21, first or second paragraph , at the latest on the 14th day following the submission of the request.

  • 2 The decision on the request for temporary dismissal shall be made in accordance with the doctor's or obstetrician's certificate, as referred to in Article 4 (2). Article 21, first or second paragraph .

  • 3 A decision on temporary dismissal shall include the day from which the resignation is to take effect.

  • 4 The Chairman of the General Board shall give immediate knowledge of the organisation of a decision to temporary dismissal.


Article 23

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The organization appoints a replacement for the place that has been open due to a temporary dismissal as intended in the Articles 21 and 22 . Articles 17 to 19 shall apply for appointment and admission.

  • 2 The person appointed as replacement shall cease to be a member as of the day at which sixteen weeks have elapsed since the day from the date of temporary dismissal, without prejudice to the possibility of the replacement of the replacement under this Act. An earlier date will end.

  • 3 If the replacement of the member of the general board who has been temporarily dismissed for pregnancy and childbirth or illness, resigned prematurely, or is appointed as a member of the general administration for a place which is open cases other than as a result of a temporary dismissal, the president of the organisation shall appoint a new temporary replacement for the remaining period of temporary dismissal.


Article 24

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Chairman of the General Board shall forward a copy of an appointment decision to the General Board and shall announce the appointment with the application of Article 73, second paragraph .

  • 2 The membership of the appointed shall commence as soon as the decision on his authorisation has been made known to him.


§ 3. The duration of the sitting, the start of membership and place replacement [ Expandement by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 25 [ Expaed by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 4. Special provisions relating to the establishment of a watership

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 26

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purpose of applying this paragraph, the establishment of a new watership shall be treated as the transition from a significant part of the area of a watership to that of another watership.

  • 2 For the purposes of applying this paragraph, the removal of a watership shall be treated as the transfer of a significant part of the area from that watership to another watership.


Article 27 [ Verfalls by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 28

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The decision to establish a watership shall designate the watershelf responsible for the preparation of that institution.

  • 3 In so far as the general administration, executive or chairman of the water, by virtue of any legal requirement, is to be co-operated, this shall be done by the general management, by the Executive Board or by the Executive Board of Management, by the Executive Board. the chairman of the watership designated under the first paragraph.


Article 29

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of a decision establishing a watership, as referred to in Article 1 Article 2, first paragraph , it shall be established that a general administration shall be appointed for the sewerage to be established. On the composition of this general administration, the Articles 12 , 13 and 14 'in the case of a regulation', the first paragraph of Article 13 shall apply to the decision establishing the watershelf.

  • 2 The distribution of the number of seats of the general administration referred to in paragraph 1, intended for representatives of the category of persons concerned, as referred to in Article 4 (1) of the Treaty. Article 12, second paragraph, part a , shall be carried out in proportion to the number of persons entitled to vote in the last elections held in each of the waterships to be removed. Seats shall be allocated on the basis of the results and list combinations of these elections. The Articles P 2 to P 19a of the Kieswet shall apply.

  • 3 The general management referred to in paragraph 1 shall take effect from the end of the term of office referred to in Article C 4 of the Kieswet or to lift the relevant watership, if this occurs earlier.

  • 4 The Commissioner of the King shall appoint an acting chairman no later than one month before the intended date of institution of the watery. This President shall resign at the time of the appointment of a chairman by royal decree, as referred to in Article 4 (2). Article 46, first paragraph .


Article 30 [ Expaed by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 5. The establishment

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 31

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 A member of the general administration is not at the same time:

    • a. Minister;

    • b. State Secretary;

    • (c) Member of the Council of State;

    • d. Member of the General Court of Auditors;

    • e. National Ombudsman;

    • f. substitutes-ombudsman as referred to in Article 9, first paragraph, of the Law National Ombudsman ;

    • g. King Commissioner of the King;

    • h. Member of provincial States;

    • i. deputed;

    • (j) Secretary of the Province;

    • k. Registrar of the Province;

    • L. Mayor;

    • m. alderman;

    • n. Ombudsman or member of the Ombudsman's Ombudsman as referred to in Article 51b, first paragraph ;

    • o. official, appointed by or because of the management of the water, or subordinate to them;

    • p. official, by or because of the province appointed, to whose task it should be engaged in the conduct of work in the framework of the supervision of the water;

    • q. member of the general administration or of the executive board of another watership.

  • 3 As soon as a member representing one of the categories of interested parties is intended to Article 12, second paragraph, parts b, c and d , failure to comply with one of the requirements referred to in paragraph 1 or to fulfil an agreement referred to in paragraph 2 shall cease to be a member of that paragraph. In that case, Article X 4a of the Kieswet applicable mutatis mutandis.


Article 31a

Compare Versions Save Relationships (...) (External Link) Permanent Link

Members of the Executive Board referred to in the vote after the vote Article J 6a of the Kieswet , not being admitted as a member of the general board is not a member of that general board.


Article 31b

Compare Versions Save Relationships (...) (External Link) Permanent Link

In order to carry out an interim period of time, it is not to be appointed as a member of the general administration which, after the last periodic election of the members of the general administration, belonging to the category of interested parties, is not to be appointed as a member of the general administration. Article 12, second paragraph, part a , for acting in violation of Article 33 The membership of the Governing Council has been declared void.


Article 32

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The members of the general administration shall make public the functions which are other than the membership of the general administration.

  • 2 The publication of a list of the functions referred to in paragraph 1 shall be published by the Secretary of the Water.


Article 32a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The members of the general board who are not members of the Executive Board receive a fee to be set by a regulation of the general administration for their activities and a concession to pay the costs.

  • 2 The Governing Council may, by regulation, lay down rules on the concession or reimbursement of special costs and on other provisions relating to the fulfilment of the membership of the general administration.

  • 3 Outside those assigned to or under the law, members of the general administration as such do not receive any other allowances and allowances from the watershelf. Benefits from the water supply, other than in the form of allowances and allowances, shall be granted only to the extent specified by or under the law or by a regulation of the general administration. The Regulation requires the approval of the Member States concerned.

  • 4 The regulations referred to in paragraphs 1 and 2 shall be adopted in accordance with rules to be laid down by or pursuant to general rules of management. Our Minister of Internal Affairs and Kingdom Relations is making the nomination for this general measure of governance.


Article 33

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A member of the general administration may not:

    • a. acting as a lawyer or adviser in disputes for the purpose of water or water management or for the benefit of the redevelopment of the water or water management;

    • (b) be engaged in disputes as agents for the purpose of the re-party of the water or the management of water;

    • (c) be employed as a representative or consultant for the benefit of third parties to the agreement with the watership of:

      • 1 °. Agreements as referred to in subparagraph (d);

      • 2. agreements on the provision of immovable property to the watership;

    • d. establish, directly or indirectly, an agreement concerning:

      • 1 °. the adoption of work for the benefit of the water supply;

      • 2. the non-employment of remuneration of work for the purpose of watership;

      • 3 °. the supply of movable property other than not to the watershelf;

      • 4 °. renting out movable business to the watershelf;

      • 5 °. the acquisition of disputed claims against the watership;

      • 6 °. the acquisition of immovable property or limited rights under the watership to which they are subject;

      • 7 °. underhand rentals or pavements of waterscape.

  • 2 Of the first paragraph, introductory sentence and part d, Member States may grant exemption.

  • 3 The Governing Council shall adopt a code of conduct for its members, for the members of the Executive Board and for the Chairman.


Article 34

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before the exercise of their duties, members of the general administration shall, in the sitting, in the hands of the President, take the following oath (declaration and promise):

    " I swear (declare) that, in order to be elected or appointed as a member of the general government, I have done or promised directly or indirectly, under whatever name or whatever pretext, to anyone any gift or favour.

    I swear (declare and promise) that, to do or leave something in this office, I have either directly or indirectly assumed or will assume any gift or any promise.

    I swear (promise) that I will be faithful to the Constitution That I will abide by the laws, and that I will fulfill my duties as a member of the general administration in the sense of honor and conscience.

    So help me God almighty (I swear and promise) ".

  • 2 When the oath (declaration and promise), referred to in paragraph 1, is made in the Frisian language, the text of the oath (statement and promise) reads as follows:

     " I sist (ferclay arje) that I, to strangle ta member fan it genermien polarize beneamd nor midlik, ûnder some namme or some ferlechje ek, hokker jefte or geunst dan ek jûn or ûnthjjourneys haw.

     I swar (pherklearje and ûnthjit) that I, for eat yn this amt te silly or too litten, streekrjocht noch midlik hokker geskink or hokker ûnthjit dan ek oannommen haw or oannimme sil.

     I swar (ûnthjit) that I trou wêze sil oan ' e Grûnwet, that I neikomme the laws and that I have myn duties as member fan it algemien bestjoer yn alle oprjochtens ferfolje sil.

     Sa Whose Helpe my God Alauthorich! "

     ("That Ferklearje and ûnthjit I!").


Article 35

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The meeting of the General Board shall be held in public.

  • 2 The doors shall be closed when at least one fifth of the number of members who signed the attendance register so requests whether the Chair considers it necessary.

  • 3 The Governing Council shall decide subsequently whether or not to meet with closed doors.

  • 4 Of a closed-door meeting, a separate report is made that will not be made public unless the general administration decides otherwise.


Article 36

Compare Versions Save Relationships (...) (External Link) Permanent Link

Unable to discuss or decide in a private meeting about:

  • (a) the admission of new members;

  • (b) the adoption and amendment of the budget and the determination of the account;

  • c. the introduction, modification and abolition of a water tax; and

  • d. the appointment and dismissal of members of the Executive Board with the exception of the President.


Article 37

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration may be on the basis of an interest, mentioned in Article 10 of the Public Administration , secrecy imposed on it in a closed meeting and on the content of the documents to be submitted to the meeting. Confidentiality of the proceedings in a closed session shall be imposed during that meeting. The secrecy is observed both by those who are present at the time of treatment and by those who take notice of the other way of treating or supporting documents until the general administration lifts it.

  • 2 On the grounds of an interest, mentioned in Article 10 of the Public Administration , the secrecy may also be imposed by the Bureau, the President and a Committee of the Watership, each in respect of documents which they submit to the general administration or to the members of that administration. Of these, the documents are reported.

  • 3 The obligation to secrecy imposed on the general administration under paragraph 2 is to lapse if the imposition is not by the general management at its next meeting which, according to the attendance register, is due to more than half of the period the number of members having been attended shall be subject to ratification.

  • 4 The obligation to secrecy imposed on the members of the general administration pursuant to paragraph 2 shall be respected by them until the institution which has imposed the obligation or, if the document is confidential, have been submitted to the general administration until the general administration lifts it. The general administration may take this decision only in a meeting which, according to the attendance register, has been visited by more than half of the number of members of the seat.


Article 38

Compare Versions Save Relationships (...) (External Link) Permanent Link

The members of the general board vote without charge.


Article 38a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A member of the general board does not take part in the vote on:

    • a. a matter which concerns him either directly or indirectly, or where he is involved as a representative;

    • (b) the adoption or approval of a body to which he is subject to a computation or to whose administration he belongs.

  • 2 In the case of a written vote, participation in the vote shall be taken to mean the delivery of a vote note.

  • 3 An appointment shall be personal to a person where he is one of the persons to whom the choice is restricted by a nomination or by a revote.

  • 4 The first paragraph shall not apply to the decision on the admission of members elected and appointed after periodic election.


Article 38b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A vote shall be valid only if more than half the number of members sitting and not having to abstain from participating in the vote has taken part.

  • 2 The first paragraph shall not apply:

    • (a) in the case of a revote on a proposal or on an appointment, nomination or recommendation of one or more persons in respect of whom a vote pursuant to that paragraph was not valid in a previous meeting;

    • b. to the extent that they were raised in a pre-meeting that was not open to the Council.


Article 38c

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The absolute majority shall be required of those who have cast a vote to make a decision by vote.

  • 2 In the case of a written vote, the casting of a vote means the delivery of a properly completed ballot.


Article 39

Compare Versions Save Relationships (...) (External Link) Permanent Link

Those who belong to the general board of watery and others who take part in the deliberations may not be prosecuted or addressed in legal proceedings for what they said in the General Board meeting or in writing. have submitted to the general management.

Chapter V. The Executive Board

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. Composition

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 40

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall consist of the Chairperson and a number of other members to be determined by the Governing Board, of which at least one member shall be a representative of any of the categories of interested parties referred to in Article 12, second paragraph, parts b, c or d .

  • 2 In the case of a regulation, the number of members of the Executive Board may be determined at least and at most.


Article 41

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The members of the Executive Board, with the exception of the President, shall be appointed by the Executive Board.

  • 2 The appointment shall take place among the members of the Governing Council. If there is a vote on the appointment, this vote shall be secret.

  • If the rules of procedure laid down by the Rules of Procedure provide that the Member States shall waive the provisions of paragraph 2, the Member States shall be entitled to waive the obligation No exemption shall be granted if the Ombudsman or a member of the Committee of Ombudsman is referred to in Article 51b, first paragraph .

  • 4 The members of the Executive Board shall, in any event after the vote, act in accordance with Article J 6a of the Kieswet , af:

    • a. At the time when at least half of the number of members of the Executive Board to be appointed by the General Board has been appointed and these appointments have been accepted; and

    • (b) within three months of the beginning of the term of office of the general administration.

  • 5 The general administration may discharge one or more members of the Executive Board, with the exception of the President, if they no longer hold the trust of the general administration. On the resignation decision Article 4: 8 of the General Administrative Law Act Not applicable.

  • 6 If the number of members of the Executive Board in office is less than half of the number of members adopted by the General Board, the Chairman shall act instead of the Executive Board until such time as the number of members of the Executive Board is to be elected. -Half has reached.


§ 2. The establishment

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 42

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The meetings of the Executive Board shall be held with closed doors, in so far as the day-to-day management has not been defined otherwise.

  • 2 The Rules of Procedure for the meetings may lay down rules on the open-ability of meetings of the Executive Board.


Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board may, on the basis of an interest, mentioned in Article 10 of the Public Administration , secrecy imposed on it in a closed meeting and on the content of the documents to be submitted to the meeting. Confidentiality of the proceedings in a closed session shall be imposed during that meeting. The confidentiality shall be respected both by those who were present at the time of treatment and by those who otherwise take notice of the treatment or of the documents until the day on which the administration of the board lifts it.

  • 2 On the grounds of an interest mentioned in Article 10 of the Public Administration , the secrecy may also be imposed by the President or a Committee of the Watership, each in respect of the documents which they submit to the Executive Board or to the members of that Board. Of these, the documents are reported.

  • 3 If the daily management of the treated person is subject to a confidentiality obligation to the general administration, the confidentiality shall be respected until the general administration lifts it.


Article 44

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The members of the Executive Board shall be entitled to a salary and a concession to the costs incurred in the performance of their activities in accordance with rules to be laid down by or on the basis of general rules of administration. It may also lay down rules relating to compensation or reimbursement of special costs and other provisions relating to the office of member of the Executive Board. Our Minister of Internal Affairs and Kingdom Relations is making the nomination for this general measure of governance.

  • 2 Outside of what has been granted to them by or under the law, members of the executive board as such do not enjoy any income, in whatever form, to be charged to the watershelf.

  • 3 The members of the Executive Board shall not benefit from any allowances, in whatever form, for work carried out in ancillary functions which they fulfil by virtue of membership of the Executive Board, regardless of whether or not those fees are chargeable to the Executive Board. Come or not. If these fees are paid, they shall be paid into the water supply axis.

  • 4 To fees referred to in paragraph 3, income, including the name of the member of the Executive Board, shall include any ancillary function which the member of the Executive Board shall make at the termination of the office.

  • 5 revenue other than that referred to in the third paragraph shall be settled by the remuneration in accordance with Article 3 of the Compensation Act Members Second Chamber . The State Tax Administration provides our Minister of Home Affairs and Kingdom Relations for the benefit of the settlement of the required data.

  • 6 If the member of the executive board fulfils his post in part-time, the income referred to in the fifth paragraph shall not be charged.

  • 7 By a general measure of administration, on a proposal from our Minister of Home Affairs and Kingdom Relations, rules shall be laid down on the manner in which the member of the Executive Board of Management of the Executive Board of the Member States of the European Union on the income referred to in the sixth paragraph, provided, and the consequences of not providing such data.


Article 44a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A member of the Executive Board shall not carry out any secondary functions which are not required to exercise the right to perform his duties as a member of the Executive Board of a watership.

  • 2 A member of the Executive Board shall report his intention to accept an ancillary function to the general administration.

  • 3 A member of the Executive Board shall make his side functions publicly available. Disclosure shall be effected by the secretaries of the watery terinzathereof.

  • 4 A member of the executive board which does not perform part time in office shall also make public the income from secondary functions. Disclosure shall be made by the Secretary of the Watership forthwith, by 1 April following the calendar year in which the revenue is received.


Article 45

Compare Versions Save Relationships (...) (External Link) Permanent Link

As regards the members of the Executive Board, the Articles 38 to 39 applicable mutatis mutandis. In addition, the Articles 31 , 33 and 34 applicable, mutatis mutandis, to members of the Executive Board appointed using an on-ground basis Article 41, third paragraph , granted waiver.

Chapter VI. The President

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 46

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The chairman of the watership is appointed and reappointed by royal decree. He may be suspended and dismissed by Royal Decree.

  • 2 The appointment shall be made for a period of six years.

  • 3 For the appointment, the general board shall issue a recommendation. If the appointment is to be put to the vote, the vote shall be kept secret. The recommendation has been attached to the judgment of the general administration for the appropriateness of the considerations. The General Board shall transmit the recommendation to the Member States, which shall be accompanied by their observations by our Minister for Infrastructure and the Environment.

  • 4 If our Minister of Infrastructure and the Environment considers that the person or persons placed on the recommendation are inappropriate, he shall request a new recommendation.

  • 5 A nomination of a person not placed on the recommendation shall not be made before the general administration and the Member States have been heard.

  • 6 The State tax authority provides the necessary information on administrative penalties to our Minister for Infrastructure and the Environment, as referred to in Chapter VIIIA of the General Law on State Taxation and on criminal decisions as referred to in Article 76 of that Act In so far as these fines and decisions have been imposed or could have been imposed on facts which have emerged after the deadline for imposing them.


Article 47

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The President shall not also:

    • a. Minister;

    • b. State Secretary;

    • (c) Member of the Council of State;

    • d. Member of the General Court of Auditors;

    • e. National Ombudsman;

    • f. substitutes-ombudsman as referred to in Article 9, first paragraph, of the Law National Ombudsman ;

    • g. King Commissioner of the King;

    • h. Member of provincial States;

    • i. deputed;

    • (j) Secretary of the Province;

    • k. Registrar of the Province;

    • l. member of the general administration of a watership;

    • m. Mayor;

    • n. alderman;

    • o. Ombudsman or member of the Ombudsman's Ombudsman as referred to in Article 51b, first paragraph ;

    • p. official, appointed by or because of the management of the water, or subordinate to them;

    • q. official, by or because of the province appointed, to whose task it belongs to the conduct of work in the framework of monitoring the watery.

  • 2 For the needs of the President, the Netherlands shall be required to be the Netherlands.


Article 48

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The President shall not carry out any secondary functions, the exercise of which is not required for the proper performance of his office or for the maintenance of his impartiality and independence or of confidence in it.

  • 2 The President shall report his intention to accept an ancillary function, other than that of his Presidency, to the general administration.

  • 3 The President shall make public functions, other than for the purpose of his office, and the revenue from those functions publicly. Disclosure shall be made by the Secretary of the Watership forthwith, by 1 April following the calendar year in which the revenue is received. Income referred to in the first sentence shall be defined as: wages and salaries Article 9 of the Law on the payroll Tax 1964 , reduced by the final charging components referred to in Article 31 of that Act .

  • 4 The President shall not be entitled to any fees, including any name, for work carried out by any secondary function of his office, irrespective of whether such fees are borne by the water. If these fees are paid, they shall be paid into the greenhouse of the water.

  • 5 To allowances referred to in the fourth paragraph shall be income, including any name, from ancillary functions which the chairman shall resign if the office is terminated.

  • 6 revenue other than those referred to in paragraph 4 shall be settled with the remuneration in accordance with Article 3 of the Compensation Act Members Second Chamber . The State Tax Administration provides our Minister of Home Affairs and Kingdom Relations for the benefit of the settlement of the required data.

  • 7 By a general measure of administration, on a proposal from our Minister of Internal Affairs and Kingdom Relations, rules shall be laid down on how the chairman provides information on the income referred to in the sixth paragraph.


Article 49

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In so far as this has not been provided by law, the President shall, upon nomination of Our Minister of the Interior and Kingdom Relations with or pursuant to general measure of administration, lay down rules concerning:

    • (a) appointment, reappointment, suspension, temporary failure to perform his duties and dismissal;

    • b. claims in the case of illness;

    • (c) other matters, its legal status, which need to be established.

  • 2 The rules referred to in paragraph 1 may provide for provisions to be borne by the watership.

  • 3 Outside of what has been granted to him by or under the law, the President shall as such not enjoy any income, in whatever form, to be charged to the watershelf.


Article 50

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before he accepts his office, the President shall place in the hands of the Commissioner of the King, or, if it is an interprovincial watership, from Our Commissioner appointed by the Rules of Procedure to that end, the following oath: (statement and promise):

    " I swear (declare) that, to be appointed chairman, I have done or promised, directly or indirectly, under whatever name or whatever pretext, to anyone any gift or favor.

    I swear (declare and promise) that, to do or leave something in this office, I have either directly or indirectly assumed or will assume any gift or any promise.

    I swear (promise) that I will be faithful to the Constitution That I will abide by the laws, and that I will fulfill my duties as President to the glory and conscience.

    So help me God almighty!

    (I hereby declare and promise!) '.

  • 2 When the oath (declaration and promise), referred to in paragraph 1, is made in the Frisian language, the text of the oath (statement and promise) reads as follows:

     " I sist (ferclay arje) that I, to strangle ta foarsitter beneamd, streekrjocht nor midlik, ûnder some namme or some ferlechje ek, hokker jefte or geunst than ek jûn or ûnthjjourneys haw.

     I swar (pherklearje and ûnthjit) that I, for eat yn this amt te silly or too litten, streekrjocht noch midlik hokker geskink or hokker ûnthjit dan ek oannommen haw or oannimme sil.

     I swar (ûnthjit) that I trou wêze sil oan ' e Grûnwet, that I neikomme the laws and that I have myn duties as foarsitter yn alle oprjochtens ferfolje sil.

     Sa Whose Helpe my God Alauthorich! "

     ("That Ferklearje and ûnthjit I!").


Article 51

Compare Versions Save Relationships (...) (External Link) Permanent Link

The office of President shall waive all obligations imposed by or under the law to provide personal services.


Article 51a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • If the President and-if it is marked by the Rules of Procedure of the Deputy Chairman, if he is unable or absent from it, the office of chairman shall be held by a person to be appointed by the Executive Board; Other member of that administration.

  • 2 In the event of the absence or absence of all members of the Executive Board, the office shall be held by the oldest member in years of general administration, unless the general management is a different member with the observation.

  • 3 When the President is prevented or absent from the day from which the sitting general administration is removed, the office shall be held by a member of the Executive Board of the Executive Board, to be notified by the members of the Executive Board. daily management, or, in the absence of all resigned members of the Executive Board, by the oldest member of the Executive Board in years of general administration, until the observation is provided for in paragraphs 1 and 2.

Chapter VIA. The Ombudsman

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. General provision

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 51b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Taking into account the provisions of this Chapter, the Governing Council may, as a matter of fact, be treated as referred to in the Article 9:18, 1st paragraph, of General Law governing law contribute to an ombudsman or ombudsman for the water, or a joint ombudsman or ombudsman committee.

  • 2 An ombudsman or ombudsman referred to in the first paragraph may be set up only on 1 January of any year. If the Governing Council so decides, it shall forward the decision to the National Ombudsman for 1 July of the year preceding the year in which the institution enters into force.

  • 3 The institution of an ombudsman or ombudsman referred to in paragraph 1 may be terminated only on 1 January of any year. If the Governing Council so decides, it shall forward the decision to terminate the institution to the National Ombudsman for 1 July of the year preceding the year in which the institution ends.


§ 2. The Ombudsman for Water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 51c

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of the management of petitions to an ombudsman for the watery, it shall appoint them for six years if the management of petitions is to be used.

  • 2 The general administration shall appoint an alternate ombudsman. This paragraph shall apply to the Deputy Ombudsman mutatis mutandis.

  • The Ombudsman shall be dismissed by the general administration:

    • a. upon request;

    • b. where he is permanently unfit to perform his duties due to illness or defects;

    • c. in the acceptance of a relationship as intended Article 51d, first paragraph ;

    • d. where he has been convicted of a criminal offence by an irrevocable order, or has been subject to a measure involving deprivation of liberty in the event of such a judgment;

    • e. if he has been placed under receivership in an irrevocable order, has been declared bankrupt in respect of the debt restructuring scheme, he shall be the subject of a declaration of bankruptcy. has been granted payment or has been held hostage because of debts;

    • f. if, in the opinion of provincial governments, he places serious prejudice against the trust placed in him.

  • 4 The general administration shall draw up the Ombudsman for non-activity if he:

    • (a) is in temporary custody;

    • (b) if a judgment has not yet been irrevocably delivered on the ground of criminal offence, or has been a measure of deprivation of liberty in the case of such a judgment;

    • c. under receivership, in a state of bankruptcy, the debt restructuring scheme is declared to be subject to natural persons, has been granted payment of payment or is held hostage by reason of the payment of the payment of debt an order that has not yet become irrevocable.


Article 51d

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Ombudsman shall not carry out any relationship which is not required for the performance of his office or for the maintenance of his impartiality and independence or of confidence in it.

  • 2 Article 32 shall apply mutatis mutandis to the Ombudsman.


Article 51e

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before carrying out his duties, the Ombudsman shall, at the meeting of the General Administration, place the following oath (declaration and promise) in the hands of the President:

    " I swear (declare) that, to be appointed ombudsman, I have given or promised, directly or indirectly, under whatever name or whatever pretext, any gift or favour.

    I swear (declare and promise) that, to do or leave something in this office, I have either directly or indirectly assumed or will assume any gift or any promise.

    I swear (declare and promise) that I will be faithful to the Constitution That I will comply with the laws and that I will honour my duties as Ombudsman.

    So help me God almighty! "

    ("That ' s what I declare and promise!")

  • 2 When the oath (declaration and promise), referred to in paragraph 1, is made in the Frisian language, the text of the oath (statement and promise) reads as follows:

     " I sist (ferclay arje) that I, to strangle ta ombudsman, streekrjocht nor midlik, ûnder some namme or some ferlechje ek, hokker jefte or geunst than ek jûn or ûnthjjourneys haw.

     I swar (pherklearje and ûnthjit) that I, for eat yn this amt te silly or too litten, streekrjocht noch midlik hokker geskink or hokker ûnthjit dan ek oannommen haw or oannimme sil.

     I swar (ûnthjit) that I trou wêze sil oan ' e Grûnwet, that I neikomme the laws and that I have myn duties as ombudsman yn all oprjochtens ferfolje sil.

     Sa Whose Helpe my God Alauthorich! "

     ("That Ferklearje and ûnthjit I!").


Article 51f

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 On a proposal from the Ombudsman, the Executive Board shall appoint the staff of the Ombudsman for the proper exercise of his or her duties.

  • 2 The Ombudsman shall not receive instructions for the exercise of his activities either in general or for a single case.

  • 3 The staff of the Ombudsman shall not carry out any work for a governing body to whose conduct the Ombudsman may carry out an inquiry.

  • 4 The staff of the Ombudsman shall be responsible for his activities in respect of the work of the Ombudsman alone.


Article 51g

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Ombudsman shall send an annual report of his work to the general administration.


Article 51h

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Ombudsman shall receive a compensation for his activities and a concession in respect of costs as provided for by a regulation of the general administration.


§ 3. The Committee for the Ombudsman for the Water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 51i

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of the management of petitions to an Ombudsman for the Water Board, the Governing Council shall determine the number of members of the Ombudsman Committee.

  • 2 The Governing Council shall appoint the members of the Committee for Ombudsmen for the duration of six years.

  • 3 The Governing Council shall appoint from its members the Chairperson and Deputy Chairman of the Ombudsman Committee.


Article 51j

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Committee of the Ombudsman sends an annual report of its work to the general administration.


§ 4. The Joint Ombudsman and the Joint Ombudsman Committee

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 51k

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Governing Council may, for the examination of petitions, set up a joint ombudsman or a joint ombudsman with the council or boards of one or more other municipalities or with provincial states of one or more provinces, Or with the general administration of one or more water shelves or with the general administration of one or more public bodies or joint bodies established by common rules.

  • 2 The Ombudsman or the Ombudsman Committee shall each year send a report of its activities to the representative bodies of the participating legal persons.


Article 51l

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the general administration sets up an ombudsman or a committee of ombudsmen, with the application of the Common Arrangements Law , the provisions laid down in that law relating to common bodies shall apply only in so far as the nature of the tasks assigned to the Ombudsman or to the Ombudsman does not preclude such action.

Chapter VII. Divisions [ Expired by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 52 [ Reports from 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter VIII. The Secretary

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 53

Compare Versions Save Relationships (...) (External Link) Permanent Link

The secretary of the watership is appointed by the general board.


Article 54

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The powers of suspension or dismissal of the Secretary shall be based on the general administration.

  • 2 In cases of urgency, the daily management may be suspended. It did so immediately before it was communicated to the general administration. The suspension shall lapse if the general administration does not endorse it within eight weeks of the date of the suspension decision.


Article 55

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Secretary-General shall be responsible for the general administration, the Executive Board and the Chairman in the exercise of their duties. He is present at the meeting of the General Administration and of the Executive Board. He shall sign the documents of the Governing Council and the Executive Board.


Article 55a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall arrange for the replacement of the Secretary.

  • 2 The Articles 54 and 55 shall apply mutatis mutandis to the person who replaces the Secretary.


Title III. The competence of the management of water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter IX. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. Introductory provision

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 56

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The management of the water system shall be responsible for regulating and managing the tasks assigned to the water in the rules of procedure.

  • 2 System of administration and administration may be advanced by law, by general management or by a provincial regulation.


§ 2. Ratio to Province and State

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 57

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister, who is responsible for the affairs of the Member States and the Member States of the Member States, shall, on request, inform the Committee on Water Management of their views and intentions on matters of importance to the water sector, unless the public interest is opposed, and the management of the water shall provide the opportunity for consultations on those matters on request.


Article 58

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 On the question of water, the Council of Ministers and the Provincial Executive shall, on the other hand, send notice and advice to our Ministers and to the provincial authorities. This is done by the day-to-day management of the watership, unless it is expressly requested from the general administration.

  • 2 The request for a message and board by one of our Ministers shall be made by one of our Ministers, and in that case, the transmission of a message and board, through the intermediary of the Member States, unless it is only the provision of factual information.


Article 59

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In respect of subjects provided for by a law, general measure of administration or a provincial regulation, the water management authority shall be empowered to make regulations insofar as these regulations with those higher regulations are not are in conflict.

  • 2 The provisions of regulations in the subject matter of which, after they are adopted, are provided for by a law, a general measure of administration or a provincial regulation, shall be subject to law in force.


§ 3. Special provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 60

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the general administration does not or does not take due account of the decisions advanced by a law, a general measure of management or a provincial regulation, the Executive Board shall provide for such decisions.

  • 2 Where the Executive Board does not properly or does not take due account of the decisions advanced, Member States shall provide them on behalf of the Executive Board and at the expense of the watership.

  • In the case of cases of urgency, the second paragraph shall not take effect after the day on which the Executive Board has been given the opportunity to take the decisions which have been made in a period specified by the Member States concerned.


§ 4. Burden under administrative coercion

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 61

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Water management is responsible for the imposition of a burden under administrative duress.

  • 2 The power to impose a charge under administrative duress is exercised by the executive board, where the imposition of a charge under administrative force is required to enforce rules governing the management of water.

  • 3 The power to impose a charge under administrative constraints shall, however, be exercised by the President if it is used with the use of Article 96 the powers defined take action in cases of imminent or imminent danger.

  • 4 If powers have been assigned or transferred to the President, he shall have the power to impose a charge under administrative constraints and to authorise the entry of a dwelling only if the person concerned has so far the right to impose his or her own rights on a property. power expressly granted or transferred.


Article 62 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 63 [ Expired by 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 64 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 65 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 66 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 67 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 68

Compare Versions Save Relationships (...) (External Link) Permanent Link

In disputes as referred to in Article 438 of the Code of Civil Procedure on the compulsory order possess semi-trailers, in which maintenance liids have been appointed, subject to evidence of opposition, proof of strength.


Article 69 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 70

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the Article 60, second paragraph The imposition of a charge under administrative duress shall be carried out by the Member States on behalf of the management of the water and on the management of the water.

  • 2 The watery has a charge for the amount of the cost to be paid on the offender.


Article 71 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 72 [ Expired by 01-12-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 5. Publication and entry into force of decisions relating to binding rules

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 73

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Water-board acts which involve generally binding rules shall not be binding when they are published in the watersheet.

  • 2 The issue of the watersheet shall be made electronically in a generally accessible manner. After the issuance, the water paper will remain electronically available in a generally accessible manner. Where electronic issuance is wholly or partly impossible, the management of water shall provide for a replacement expenditure. Detailed rules shall be laid down in respect of the first and second sentences at or pursuant to general measures of management.

  • 3 By way of derogation from the first paragraph, a decision as referred to in that paragraph may provide that an annex to this Decision shall be published by the publication thereof.

  • 4 For the understanding of a decision published in accordance with the first paragraph, no charges shall be charged.


Article 73a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The texts of decisions of the Board of Governors which involve general binding rules are made available in a consolidated manner for each of them by means of a general public service. electronic medium.

  • 2 A consolidated text of a decision made available under the first paragraph shall remain available if the decision has been amended or repealed after the making available.

  • 3 Our Minister of Internal Affairs and Kingdom Relations may lay down rules on how the texts referred to in paragraph 1 are made available.

  • 4 In the case of, or under general management, categories of decisions may be designated, to which the first paragraph shall not apply.


Article 73b

Compare Versions Save Relationships (...) (External Link) Permanent Link

Each person may, upon request, obtain a copy of the decisions of the management of the water, which shall entail general binding rules. The copy shall not exceed the cost of the copy of the copy.


Article 74

Compare Versions Save Relationships (...) (External Link) Permanent Link

Acts which are known shall enter into force from the eighth day following that of publication, unless such decisions provide for a different date for such decisions.


Article 75

Compare Versions Save Relationships (...) (External Link) Permanent Link

Decisions to determine or alter the variety shall be notified to the court and the court of jurisdiction of which the watery is subject, to the parquet of those colleges, and to the lectures of the mayor and the local authorities of the communes of the courts. in the area where the range of applications can be found.


Article 76

Compare Versions Save Relationships (...) (External Link) Permanent Link

With regard to the repeal of acts which involve general binding rules, the Articles 73 to 75 of corresponding application, except that the Article 73, second paragraph, part b The notification shall be made within a period of one week.

Chapter X. The competence of the general administration

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 77

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 56 the powers of management of rules and management are defined by the general administration in so far as it has not been assigned to the Executive Board or to the Chairman in accordance with or pursuant to the Rules of Procedure or by law or general measure of management.


Article 78

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall make the regulations necessary for the representation of the tasks assigned to the watershelf.

  • 2 The general administration shall also determine the semi-trailer in which maintenance liids or maintenance obligations are to be designated.


Article 79

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration adopts a regulation setting out rules on how residents and stakeholders are involved in the preparation of the policy of that board.


Article 80

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Without prejudice to the provisions of the Article 79, first paragraph , adopted Regulation, the draft Decision on the adoption or amendment of a variety of products, at the same time as the terinzathereof, is to be forwarded to the authorities of the local authorities in whose territory the variety is to be applied.

  • 2 The decision to adopt or amend a variety shall be sent to the Member States within four weeks, with regard to the reservations expressed and the position of the general administration.


Article 81

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Infringement of a variety may be taken as a sentence of imprisonment of up to three months or a fine of the second category as referred to in Article 4 (2). Article 23 of the Code of Criminal Law , whether or not with disclosure of the court ruling.

  • 2 The offences referred to in the first paragraph are offences.

  • 3 If a year has not expired at the time of the offence, since an earlier conviction of the guilty plea has become irretrievable, imprisonment may be imposed at the double of the maximum amount. A former conviction means a previous conviction by a criminal court in another Member State of the European Union for similar offences.


Article 82

Compare Versions Save Relationships (...) (External Link) Permanent Link

The general administration shall regulate the remuneration of officials of the watery.


Article 83

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Governing Council may delegate to the Executive Board any powers of the general administration, unless the nature of the power is opposed to the transfer.

  • 2 The Executive Board may not transfer the Executive Board's competence to:

    • (a) the establishment or amendment of the budget;

    • b. The determination of the account, as referred to in Article 106 ;

    • c. the setting of rules as referred to in the Articles 108 and 109 ;

    • d. Imposition of taxes or duties;

    • (e) the adoption of regulations, subject to the provisions of the third paragraph;

    • f. the adoption of peildecisions;

    • g. establishment of plans under special laws, with the exception of project plans as referred to in Chapter 5 of the Water Act .

  • 3 The power to adopt may be delegated to the general administration only in so far as it concerns the adoption of detailed rules relating to certain subjects designated by the general administration in its regulations.

  • 4 The rules governing the competence of the general administration, the exercise thereof and the supervision thereof shall apply mutatis mutandis to the powers of application of the first paragraph, with exception of those relating to meetings.

Chapter XI. The competence of the Executive Board

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. General powers [ Expestablished by 01-09-2002]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 84

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The daily management is entrusted with the day-to-day affairs of the waterscape.

  • 2 The Executive Board is responsible for preparing all the decisions to be taken into consideration and decision by the General Board.

  • 3 The Executive Board shall be responsible for the implementation of the decisions of the general management, except where the President of the Commission is responsible for the rules of procedure.


Article 85

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Shall be subject to detection of the violation of offences which are subject to approval, without prejudice to: Article 141 of the Code of Criminal Procedure , in charge of the civil servants of the water designated by decision of the Executive Board. If, by the Provincial Regulation, the supervision of compliance with or under that Regulation is entrusted to the Executive Board, the investigation shall be without prejudice to the detection of the infringement. Article 141 of the Code of Criminal Procedure , in charge of the officials designated by the decision of that administration.

  • 2 The officials of the water referred to in paragraph 1 shall also be responsible for the detection of the facts, punishable in the form of criminal offences; Articles 179 to: 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.


Article 86

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall take all precautionary measures and shall do what is necessary in order to prevent any limitation period or loss of law or possession, even before the decision has been taken to the effect of the application of the legal proceedings.

  • 2 The executive board shall have jurisdiction, except where the general administration has taken a decision on the matter, to proceedings for interim measures and to intervene in criminal matters, as referred to in Article 2 (2). Article 51a of the Code of Criminal Procedure .

  • 3 The executive board shall have jurisdiction if, by virtue of a legal requirement, a right of appeal or a right of appeal is raised either by virtue of a legal requirement, or a right of appeal, for the purpose of making an emergency appeal or objecting and, to the extent that the rules allow, to request the suspension of the contested decision or to request provisional provision for the matter.

  • 4 Unless otherwise provided for in the Rules of Procedure, the appeal or objection raised shall be withdrawn if the general administration does not have the decision of the Executive Board of the Executive Board of Appeal or the Board of Appeal or the object of the decision or of the decision of the Executive Board of the European ratifies the next meeting, or within three months.


Article 87 (Expired by 29-12-2007)

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 88

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Executive Board may grant a mandate to one or more members of the Executive Board.


Article 89

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The members of the Executive Board shall be accountable to the general administration, together and each individually, for the management of the executive board.

  • 2 They shall give the general administration orally or in writing the information requested by one or more members in so far as the provision of such information does not conflict with the public interest.


§ 2. Special powers [ ExpOffice per 01-09-2002]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 90 [ Expired by 01-09-2002]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 91 [ Expired by 01-09-2002]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 92 [ Expired by 01-09-2002]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 93 (Expired by 01-09-2002)

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter XII. The powers of the President

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 94

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The President shall promote good management of the tasks of the watership.

  • 2 The Chair shall promote the administrative integrity of the watership.

  • 3 In the meeting of the General Board, the chairman has an advisory vote.

  • 4 He signs all the documents which are of general and daily administration.


Article 95

Compare Versions Save Relationships (...) (External Link) Permanent Link

The chairman shall represent the watery in and out of court. If the President gives a different authority to representation, this authorisation shall be subject to the consent of the Executive Board.


Article 96

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Where circumstances do not tolerate prior convening of the general administration or executive board, the Chair shall be entitled to circumstances in which the security of one or more water works, or otherwise the good state of the State, shall be which is, or is likely to be, imminent or imminent, imminent, to affect all those measures to which those administrations are competent, as long as that situation continues and until such time as the authority is empowered to exercise their powers.

  • 2 He shall immediately inform the relevant administration and the Member States thereof.


Article 97

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The chairman shall be accountable to the general administration for the management of his administration.

  • 2 He shall give the general administration orally or in writing the information requested by one or more members in so far as the provision of such information does not conflict with the public interest.


Title IV. The finances of the watershelf

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter XIII. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 98

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The water supply shall bear the costs associated with the protection of the tasks assigned to the water in the rules of procedure. However, to the extent that the interests of the area of water are concerned, the safeguarding of such tasks must be regarded as having a significant impact on the defence of a national or provincial interest, Contributions to the watery shall be borne by the cash of the Kingdom of the relevant province or provinces.

  • 2 The water shelves are owed a fee for the costs of municipalities attached to the organization of the elections of the members of the general administration. Our Minister for Infrastructure and the Environment is responsible for the reimbursement and for the reimbursement of compensation in the event of a warrant. Our Minister of Infrastructure and the Environment may lay down rules on the calculation of the fee to be paid, the method of payment of the fee due and the time when the fee due is met.


Article 98a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The budget, the budget amendments, the multiannual estimate, the annual accounts and the annual report shall be established in accordance with rules to be laid down or under general management.

  • 2 In the case of, or under the general measure of management referred to in paragraph 1, rules may also be laid down in respect of:

    • (a) documents to be established by the Executive Board for the implementation of the budget and the annual accounts;

    • b. To provide daily management information to third parties on the basis of the budget and the financial statements and the auditing of this information. In agreement with our Minister of Economic Affairs it can be determined that this information is provided to the Central Statistical Office.

  • 3 If the information referred to in paragraph 2 (b) is not provided or is not provided in due time, or the quality of the information falls short, the Member States shall give an indication to the Executive Board so that information of sufficient information is still necessary. to provide quality.

  • 4 If the Executive Board fails to follow the designation referred to in paragraph 3, Member States shall ensure that the necessary information is yet to be provided. The cost of this is borne by the watership.

Chapter XIV. The budget and the financial statements

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 1. The budget

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 99

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of all the tasks entrusted to the water, the general administration shall, on an annual basis, bring the amounts available to it, and the taxes to be charged by the watership, the kingdom's and the province contributions and other financial resources which may be expected to be used.

  • 2 The budget also includes an amount for unforeseen expenditure.

  • The budget must be in balance. This may be waived if the balance in the budget is likely to have been achieved in the next few years.

  • (4) Only charges and corresponding balance-sheet amounts may be taken up to the amounts entered in the budget for this purpose.

  • 5 The financial year shall be the calendar year.


Article 100

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The daily board offers annually, timely for the in Article 101, first paragraph The general management shall submit a draft budget with a clarification of the watery and a multi-annual statement of estimates for at least three years of the following years.

  • 2 The draft budget and the other documents referred to in the first paragraph shall be available for inspection and are generally available to the general administration. Notice shall be given of the terinzalegation and the availability of the available information.

  • 3 The general board deliberates on the draft budget no earlier than two weeks after the public notice.


Article 101

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration shall adopt the budget in the year preceding that for which it is responsible.

  • 2 The Executive Board shall forward the budget adopted by the general administration with the Article 100, first paragraph , within two weeks of the adoption, but in any event before 1 December of the year preceding that for which the budget is to be used, to Member States.


Article 102

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Decisions amending the budget may be taken until the end of the financial year in question at the latest.


§ 2. The annual accounts

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 103

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall be accountable to the general administration for each financial year on the management of its management, on presentation of the annual accounts and of the annual report.

  • 3 The first and second paragraphs, as well as the Article 109, third and fourth members As soon as they are presented to the general administration, they shall be available for inspection and are generally available to them. Open inspection and availability shall be notified to the public. The general board deliberates on the annual accounts and the annual report not earlier than two weeks after the public notice.


Article 104

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general management shall draw up the annual accounts and the annual report for the year following that of the financial year. The annual accounts cover all the benefits and burdens of the watery.

  • 2 If the general management comes to the position that wrongful establishment of income, expense or balance sheet accounts is in the way of the establishment of financial statements, it shall forthwith inform the Commission of its position daily management, indicating the concerns which have been raised.

  • 3 The Executive Board shall, within two months of receipt of the position referred to in paragraph 2, forward to the general administration a proposal for a indemnity act accompanied by a response to the concerns raised by the general administration.

  • 4 If the Executive Board has made a proposal for a Indemnity Act, the Executive Board shall not adopt the financial statements after it has decided on the proposal.


Article 105

Compare Versions Save Relationships (...) (External Link) Permanent Link

The members of the Executive Board do not participate in votes on acts as intended first, second and fourth members of Article 104 .


Article 106

Compare Versions Save Relationships (...) (External Link) Permanent Link

Except where irregularities have been found to be legal, the adoption of annual accounts shall be the responsibility of the members of the Executive Board in respect of the financial management which they are responsible for.


Article 107

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Executive Board shall send the annual accounts and the annual report together with the other Article 103 within two weeks of adoption, but in any event before 15 July of the year, following the financial year, to Member States. In doing so, the Executive Board shall add, where appropriate, the decision of the General Board on a proposal for a indemnity act with the reaction, intended to Article 104, third paragraph .


Article 107a

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the general management does not properly determine the financial statements or an indemnity act, the executive board shall send the annual accounts together with the other accounts in the accounts. Article 103 of the Indemnities Act establishing the Signatory States, respectively.

Chapter XV. The administration and the audit

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 108

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration shall adopt, by means of a regulation, the principles of financial policy and financial management and the establishment of the financial organisation. This Regulation shall ensure that the requirements of lawfulness, accountability and control are met.

  • 2 The regulation contains, in any event, that:

    • a. Valuation and depreciation rules of assets;

    • (b) bases for the calculation of the prices charged by the management of water and of charges for rights as referred to in Article 3 (1) of the EC Treaty; Article 115, first paragraph ;

    • c. rules on the general objectives and the directives to be adopted and limits of the funding function.


Article 109

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Governing Council lays down rules for the control of financial management and the establishment of the financial organisation by means of a regulation. This Regulation shall ensure that the lawfulness of financial management and of the establishment of the financial organisation is reviewed.

  • The audit indicates, on the basis of the verification carried out, the following:

    • a. The annual accounts present a true and fair view of both the benefits and expenses and the size and composition of the assets;

    • b. the benefits and charges, as well as the balance sheet changes, have been legally established;

    • (c) The annual accounts have been prepared in accordance with the rules to be laid down by or pursuant to general rules of management, Article 98a , and

    • (d) The annual report is compatible with the annual accounts.

  • 4 The report of findings shall, in any event, contain findings on:

    • a. the question of whether the establishment of financial management and of the financial organisation makes a fair and legitimate justification; and

    • b. Irregularities in the annual accounts.

  • 5 The auditor shall transmit the audit opinion and the report of findings to the general administration and a copy thereof to the Executive Board.

  • 6 In the case of a general measure of management, detailed rules may be laid down concerning the scope of and the reporting of the audit referred to in the second paragraph.


Article 109a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Executive Board shall periodically examine the effectiveness and effectiveness of the management of the Executive Board. The Governing Council may lay down rules on this subject.

  • 2 The Executive Board shall report in writing to the general management of the results of the investigations.


Article 109b

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Executive Board shall transmit the Regulations referred to in the Articles 108 , 109 and 109a , within two weeks of adoption by the general government of the Member States.


Article 109c

Compare Versions Save Relationships (...) (External Link) Permanent Link

Deputed states may at any time institute an investigation into the management and establishment of the financial organisation intended in Article 108, first paragraph .

Chapter XVI. Water taxes

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 110

Compare Versions Save Relationships (...) (External Link) Permanent Link

The general administration decides to introduce, amend or abolish a water tax by establishing a tax regulation.


Article 111

Compare Versions Save Relationships (...) (External Link) Permanent Link

The tax regulation states, in the circumstances leading to that purpose, the taxable person, the subject-matter of the tax, the chargeable event, the taxable amount, the rate, the date from which the levy is to be charged, and also, as a matter of fact, for the levy and the levy recovery is relevant, and the time of entry into force.


Article 112 [ Expired-01-07-1996]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 113

Compare Versions Save Relationships (...) (External Link) Permanent Link

Except for the taxes or duties of which the levy is made under special laws, no other taxes and duties are levied by the water other than the precaried tax provided for in Article 114 , the rights referred to in Article 115 , and the charges referred to in the Articles 117 , 122a and 122d .


Article 114

Compare Versions Save Relationships (...) (External Link) Permanent Link

The waterscape can impose a precaried load on having objects under, on or above ground or water from the watershelf, to the public service.


Article 115

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The water supply shall be free of charge in respect of:

    • (a) use in accordance with the intended use of public service assets of the watership or public works or facilities intended for the management or maintenance of the public service;

    • b. the enjoyment of services provided by or due to the management of the water;

    • (c) to deal with requests for the granting of licences or exemptions.

  • 2 For the purposes of this Chapter and of Chapter XVIII the duties referred to in paragraph 1 shall be regarded as 'watery taxes'.

  • 3 In regulations on the basis of which rights as referred to in paragraph 1 are levied, the rates shall be fixed in such a way as to ensure that the estimated benefits of the duties do not exceed the estimated costs in this respect.


Article 115a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An attack which does not exceed a sum to be determined by the tax regulation shall not be imposed.

  • 2 For the purposes of paragraph 1, the total of the attacks on a single ticket shall be regarded as one attack.

Chapter XVII. The water system charge

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 116

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Chapter and the provisions based thereon, the following definitions shall apply:

  • a. resident: the person who, according to the basic registration, is domicile in the territory of the water at the beginning of the calendar year and who has a place of living there, on the understanding that the use of a place of residence by the members a common household is considered to be used by a member of that household, which is designated by the Article 123, third paragraph, part b , the official of the watership,

  • (b) 'living quarters' means a space which is intended to be used as a separate whole for residential purposes and whose parts are not intended to be used separately for the purposes of such space;

  • c. nature reserves: unbuilt immovable property of which the establishment and the management are wholly or substantially in line with the preservation or development of nature. Nature plots include forests and open waters with a surface area of at least one hectare.


Article 117

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In order to combat the costs associated with the water system's concern, the system of water charging shall be subject to a levy on those who:

    • a. Residents;

    • (b) ownership, possession or restriction of rights are the enjoyment of unbuilt immovable property, other than nature reserves;

    • (c) the enjoyment of natural land by virtue of ownership, possession or limitation;

    • d. under ownership, possession or limited right are the enjoyment of built immovable property.

  • 2 The proceeds of the water system levy are also the proceeds of the proceeds of the water system. Article 7.24 of the Water Act Payment of contributions due.


Article 118

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 As a single immovable property as referred to in Article 117, part d The following shall be considered:

    • a. A built property;

    • b. a part of a built property which is intended to be used as a separate whole;

    • c. an assembly of two or more of the buildings referred to in subparagraph (a) or parts thereof referred to in subparagraph (b) thereof which are in use with the same taxable person and which, according to the circumstances, belong to one another;

    • d. within the area of a municipality, part of a property referred to in subparagraph (a) of a part referred to in subparagraph (b) or of a assembly referred to in subparagraph (c);

    • e. within the area of the watershelf, part of a property referred to in subparagraph (a) of a part of the part referred to in subparagraph (b) or part of the part referred to in subparagraph (d).

  • 2 For the purposes of application of paragraph 1, the unbuilt property shall, in so far as they constitute a composition with a built property referred to in paragraph 1 (a) to (e), form part of the immovable property built, except for the unbuilt property, in so far as the value of such property at the rate of valuation at the base of Chapter IV of the Property Valuation Act on the basis of the provisions of 18, third member, of that Law are left out.

  • 3 As one unbuilt immovable property as referred to in Article 117, part b , a cadastral plot or part thereof shall be considered as being excluded from the following:

    • (a) which, pursuant to paragraphs (1) and (2), is classified as a built immovable property;

    • b. a natural terrain.

  • 4 A land or part thereof shall be considered as one natural terrain, except that it shall be excluded:

    • (a) which, pursuant to paragraphs (1) and (2), is classified as a built immovable property;

    • (b) which, pursuant to the third paragraph, is classified as an unbuilt immovable property.

  • 5 For the purpose of the levy, Article 117 , public land and inland waterways and jobs for public transport by rail, including works of art, as well as water defences managed by bodies, institutions or services of legal persons governed by public law, shall be used, the exception of the parts of such works which serve as dwelling property, identified as unbuilt properties, other natural areas.


Article 119

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Levy in the meaning of Article 117, parts b, c and d , if at the beginning of the calendar year, they are listed as the owner of the basic registration register, unless it is established that he is not entitled to property, property or limited rights at that time.

  • 2 For the purposes of applying Article 117, parts b, c and d , levy rate shall be the following:

    • a. limited creditor and not the owner, where the immovable property is subject to the right to tightness, on the lease, on the house, from the house or from the use of usufruct;

    • (b) owner in respect of the right of stabbation, where the right is exclusively established for the purposes of construction or maintenance, or for the purposes of construction and maintenance, of underground or overhead tubing.

  • 3 Where the immovable property is subject to restricted rights as referred to in the second paragraph, the duty of the levy shall:

    • (a) the fruit user shall take precedence over both the keeper and the member of the leaseholder, and shall, among other things, be the contrived meier;

    • (b) the primacy of all the primacy over the hereditary tenant, the most appropriate, the hestled meier.


Article 120

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration shall propose to the Article 117 The levy is a regulation which provides for the allocation of the cost part for each of the categories of taxable persons. It may be laid down that the costs of charging and recovery of the system of water systems and the costs of the election of members of the general administration are directly attributable to the categories of taxable persons concerned.

  • 2 The allocation of the cost part for the category, intended in Article 117, part a , the average population density per square kilometre is to be determined in the area of watership. The cost share to be determined by the water system by Regulation, as referred to in the first paragraph, shall be:

    • a. Not less than 20% and not more than 30% where the number of inhabitants per square kilometre does not exceed 500;

    • b. not less than 31% and not more than 40% where the number of inhabitants per square kilometre is more than 500 but not more than 1000;

    • (c) not less than 41% and not more than 50% where the number of inhabitants per square kilometre exceeds 1000.

  • 3 The general administration may increase the maximum rates referred to in paragraph 2 to 40% and 60% for the second paragraph.

  • 4 The allocation of the cost part for the categories specified in: Article 117 (b) to (d) , it is determined on the basis of the value of the immovable property in economic traffic. Detailed rules for this purpose shall be laid down by or on the basis of a general administrative measure.

  • 5 The Regulation referred to in the first paragraph shall be subject to the approval of Member States. The decision to adopt the Regulation shall be sent to Member States within four weeks of the adoption by the general administration, with the concerns expressed and considerations of general administration.

  • 6 The Regulation referred to in the first paragraph shall be reviewed at least once every five years.


Article 121

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the levy, the taxable amount shall be:

    • a. in respect of residents as intended Article 117, part a : the housing area, where the rate is set at an equal amount per living area;

    • b. in respect of unbuilt immovable property as intended Article 117, part b : the area, where the rate is set at an equal amount per hectare;

    • c. in respect of unbuilt immovable property as intended Article 117, part c : the area, where the rate is set at an equal amount per hectare;

    • d. in respect of built immovable property as intended Article 117, part d : the value to be determined for the immovable property at the base of Chapter IV of the Property Valuation Act for the calendar year, where the rate is set at a fixed percentage of the value.

  • 2 By way of derogation from paragraph 1 (d), in determining the taxable amount for the charge in respect of immovable property constructed, the value of immovable property or parts of immovable property shall be used as a basis for the calculation of the levy. article 220d, first member, parts c, h and j, of the Municipal Act and of water control works managed by bodies, institutions or services of legal persons governed by public law, with the exception of those parts which serve as a dwelling, which are excluded, provided that this has not already been done in the course of identification of the value referred to in paragraph 1 (d).


Article 122

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 4 The derogations provided for in the first, second and third paragraphs may be applied side by side.

Chapter XVIIa. The levy to pay for road management

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 122a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purpose of combating costs relating to the protection of road management, a levy may be levied on the name of the road levy within the area where this task is to be carried out.

  • 2 The road levy may be collected from those who:

    • a. Residents;

    • (b) ownership, possession or restriction of rights are the enjoyment of unbuilt immovable property, other than nature reserves;

    • (c) the enjoyment of natural land by virtue of ownership, possession or limitation;

    • d. under ownership, possession or limited right are the enjoyment of built immovable property.


Article 122b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The general administration shall propose to the Article 122a The levy is a regulation which provides for the allocation of the cost part for each of the categories of taxable persons.

  • 2 The rules governing the allocation of the cost part of the part referred to in paragraph 1 shall be laid down. In doing so, the Articles 118 to 121 shall be made applicable mutatis mutandis.

Chapter XVIIb. The purification charge

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 122c

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Chapter and the provisions based thereon, the following definitions shall apply:

  • a. purifying technical work: a work for the purification of waste water or the transport of waste water, other than a sewage system;

  • b. Sewerage system: a facility for the collection and transport of waste water, in management of a municipality;

  • c. Falling: the placing of substances on a sewage system or on a purification of technical work;

  • d. substances: waste, pollutant or harmful substances;

  • e. effluent: waste water as intended Article 3.4 of the Water Law ;

  • f. Drinking water: drinking water as intended Article 1, first paragraph, of the Drinking Water Law ;

  • g. drinking water company: drinking water plant as intended Article 1, first paragraph, of the Drinking Water Law ;

  • h. accomodation: a space as referred to in Article 116 (b) ;

  • i. operating space: a space or terrain which is considered to be separate by nature and establishment, other than a dwelling place, a purification process or a sewage system;

  • j. water taken: drinking and industrial water supplied and hot tap water, evaded soil and surface water and captured rainwater;

  • (k) Hot tap water: hot tap water as intended Article 1, first paragraph, of the Drinking Water Law .


Article 122d

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In order to combat the costs associated with the task of clearing waste water, the name of the treatment levy shall be subject to a levy on the disposal of the waste.

  • 2 The levy shall be subject to:

    • a. For the purpose of carrying out from a premises or living quarters: the person who has the use of that space;

    • b. For the purpose of disposal other than those referred to in paragraph (a): the person carrying out the goods.

  • 3 For the purposes of application of paragraph 2 (a), the levy shall be:

    • a. in the case of the use of a living space by the members of a household: the person who is the person who Article 123, third paragraph, part d , the official of the watership is designated;

    • b. in the case of use by the person to whom a part of a farm has been put into service: the person who has used that part, except that the person who has given the part has jurisdiction over the charge as such stories of the person to whom that part has been put into use;

    • (c) in the case of the lodging of a place of residence or a place of business for the successful use of that space: the person who has made it available, except that the person who has made available the space shall be responsible for the charge as such to the person to whom the space has been made available.

  • 4 If waste is discharged using a sewage system, the person in charge of the sewer system is subject to a levy only for those substances which the administrator himself brought to the drains.

  • 5 The proceeds of the levy may also be used:

    • (a) providing subsidies to meet the costs of preparing and implementing measures relating to the purification of waste water to those who have been held to take such measures;

    • (b) grant aid to taxable persons to maintain the use of purification works in order to avoid, as far as possible, an increase in the rate of the levy.


Article 122e

Compare Versions Save Relationships (...) (External Link) Permanent Link

The levy shall be used as a basis for the quantity and quality of the substances disposed of in a calendar year.


Article 122f

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the levy, the pollution value of the substances discharged in a calendar year shall be used as a taxable amount, the pollution value being expressed in pollution units.

  • 2. One pollution unit shall be represented in relation to:

    • a. The oxygen consumption is the annual consumption of 54,8 kg of oxygen;

    • b. The weight quantities of the group of substances chromium, copper, lead, nickel, silver and zinc 1,00 kg;

    • c. the weight levels of the group of arsenic, mercury and cadmium 0,100 kilograms;

    • d. The weight quantities of the substance chloride 650 kilograms;

    • e. the weight quantities of the substance sulphate 650 kilograms;

    • f. the weight levels of the substance phosphorus 20,0 kilograms.

  • 3 The Governing Council may provide, by means of a regulation, that:

    • a. The weight quantities of one or more of the substances referred to in paragraph 2 (b) to (f) shall not be subject to the levy;

    • b. The number of pollution units relating to the weight quantities of one or more of the substances referred to in the second paragraph, parts b to f:

      • 1 °. to at least nil shall be reduced by a means to be determined by him;

      • 2 °. where this number does not, after application of the provisions of parts (a) and (b), exceed a number of pollution units to be determined by him.


Article 122g

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The number of pollution units shall be calculated by means of data obtained by measurement, sampling and analysis, according to rules to be laid down by general management.

  • 2 The measure provides that detailed rules are to be laid down for the implementation of that measure by means of a regulation of the general administration.


Article 122h

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By way of derogation from Article 122g the value of the pollution of the substances discharged from a dwelling place shall be three pollution units. The pollution value of the substances disposed of from a dwelling used by one person shall be one pollution unit.

  • 2 By way of derogation from paragraph 1, a regulation of the general administration may provide that the value of the substance of the substances must be determined in whole or in part by the amount of drinking water supplied by the drinking water service; and amount of hot tap water supplied by the supplier concerned.

  • 3 The levy relating to the dwelling spaces referred to in paragraph 2 shall be levied on the 12-month period referred to in the second paragraph by the drinking water undertaking concerned, in the supply of drinking water or by the security of the supply of hot water. 'tapwater' used for the purposes of those living quarters is used.

  • 4 If the period referred to in the third paragraph is situated in two calendar years, the rates applicable for the calendar years shall be applied per pollution unit to time-time.

  • 5 The first paragraph shall not apply to residential premises intended for recreational purposes located in a residential recreation area operated as such. The dwelling spaces referred to in the previous sentence shall be considered together as a single business area or as part of a business area.

  • 6 If in the course of a calendar year the use of a living area, the levy of which is determined on the basis of the first member, starts or ends, the user shall become a proportionate proportion of the number determined on the basis of this paragraph. pollution units subject to the levy.


Article 122i

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By way of derogation from Article 122g The pollution value of the substances discharged from a holding area shall be set to three pollution units if it is assumed by the charging agent that the pollution value is less than five pollution units. and on one pollution unit if it is assumed by the charging agent that it is one pollutant unit or less.

  • 2 By way of derogation from Article 122g the value of pollution of the substances disposed of from a business area or part of a business area for the purpose of exercising an occupation or holding under a permanent stand of glass or plastics crops, placed on three pollution units per hectare of floor area grown under glass or plastics, and per part of a hectare floor area, a proportion of three pollution units.

  • 3 If, in the course of the calendar year, the use of a business space or part of a business space referred to in paragraph 2 or to a part thereof begins or ends by the user, it shall be established for that calendar year. business space, to be subject to a proportionate share of the levy.

  • 4. A pollution value for the business area or part of the business space, calculated on the basis of the second or third member of less than five pollution units, shall be based on three pollution units, and one or less than one pollution unit put on one pollution unit.


Article 122j

Compare Versions Save Relationships (...) (External Link) Permanent Link

The number of pollution units in a calendar year may be determined in whole or in part by means of an estimate if the charge:


Article 122k

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the charge has been made likely by the charge that the number of pollution units with regard to the oxygen consumption in a calendar year for a business area or part thereof, which it uses, is 1000 or less, and that it is the number of water to be determined according to the quantity for that service area or that part of that commercial area may be determined by way of derogation from the Article 122g fixed according to the formula: A x B, where,

    A = the number of m 3 in the calendar year for the service area or in the part of the commercial area,

    B = the waste water coefficient belonging to the class of the table in the third paragraph with the class limits within which the pollution value with regard to the oxygen consumption per m 3 For the purposes of the business area or of the part of the water supply area, it shall be located.

  • 2 In the case of general management measures, detailed rules for the determination of the pollution value with regard to oxygen consumption per m 3 For the purposes of the service compartment or the part of the water supply area.

  • 3 The table below provides classes with associated class limits and waste water coefficients:

    Class

    Class limits expressed in number of pollution units with regard to oxygen consumption per m Water taken

    3

    Waste water coefficient expressed in number of pollution units per m Water seized in the charging year

    3

    Lower Limit

    Upper Limit

    1

    > 0

    0.0013

    0.0010

    2

    > 0,0013

    0.0020

    0.0016

    3

    > 0,0020

    0.0031

    0.0025

    4

    > 0,0031

    0.0048

    0.0039

    5

    > 0,0048

    0.0075

    0.0060

    6

    > 0,0075

    0.012

    0.0094

    7

    > 0,012

    0.018

    0.015

    8

    > 0,018

    0.029

    0.023

    9

    > 0,029

    0.045

    0.036

    10

    > 0,045

    0.070

    0.056

    11

    > 0,070

    0.11

    0.088

    12

    > 0.11

    0.17

    0.14

    13

    > 0.17

    0.27

    0.21

    14

    > 0.27

    0.42

    0.33

    15

    > 0.42

    0.5

  • 4 If the number of pollution units with regard to the oxygen consumption in a calendar year for the operation area or part of a business area exceeds 1000 and has been accepted by the charging agent that the calculation of the amount of this number does not result in a lower number of pollution units in accordance with the first paragraph than the calculation of this number according to Article 122g the first paragraph shall be applied mutatis mutandis at the request of the charge-charging officer.


Article 122l

Compare Versions Save Relationships (...) (External Link) Permanent Link

Detailed rules on the charge of purification may be laid down by a regulation of the general administration.

Chapter XVIII. The levying and recovery of taxes on water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 123

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of this Chapter, the following definitions shall apply:

    • a. Water taxes: the taxes that charge the watershelf, meant in Article 113 ;

    • b. General law: General Law on State Taxation ;

    • c. Other means: to be levied by other means, other than by means of an attack or by way of payment of a charge.

  • 2 Without prejudice to the provisions of this Chapter, the levying and recovery of taxes on water shall be effected under the provisions of the General Law, the Act of recovery 1990 and the Cost Bill-Income Tax Act If they were taxes, they were taxes.

  • 3 Without prejudice to the provisions of this Chapter, the powers and obligations of the following shall apply in the following cases: General law , the Act of recovery 1990 and the Cost Bill-Income Tax Act Officials referred to, with regard to the taxes on water for the colleges or staff members referred to in that connection:

    • a. Our Minister of Finance, the administration of State Taxes and the Director: the Executive Board;

    • (b) the inspector: the official of the watership appointed for that purpose;

    • c. The recipient or a recipient of State Taxation: the official of the watership, responsible for the recovery of water taxes;

    • d. officials of the State Revenue Service: the officials of the watership, charged with the levy or the recovery of water taxes;

    • e. Tax executor: the official of the water designated for that purpose by the Executive Board or a court-bailier designated as a tax bailier of the water specified in the Bailier's law ;

    • f. the Second Chamber of the States-General or the Second Chamber: the General Administration.

  • 4 Without prejudice to the provisions of this Chapter relating to the taxation of water in the Community, General law and in the Act of recovery 1990 for a general measure of administration and for ministerial order read: decision of the Executive Board.


Article 124

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The daily administration of two or more water boards may provide that the management of one of those water boards for the implementation of any legal provision relating to the levy or charge is to be applied to one or more water loads. For the purposes of the application of water taxes, the other daily management of the other day of administration shall be based on the other daily management.

  • 3 The daily driving of two or more water shelves may determine, with regard to one or more water loads, that designated officials of one of those waterboards shall be designated as:

  • 4 The first paragraph shall apply mutatis mutandis to the day-to-day management of the watery of which the official responsible for the recovery of taxes on water is part of the third member, B It will be designated.

  • 5 If the levy or recovery of one or more water taxes has been subject to common rules and has been established by that scheme by a public body or an organisation of business, by or under that scheme, be determined that an official of that public body designated for that purpose or that operating organisation shall be designated as:

  • 6 The first paragraph shall apply mutatis mutandis to the day-to-day management of the public body or the management of the operating organisation of which an official is a member under the fifth paragraph. B It will be designated.


Article 125

Compare Versions Save Relationships (...) (External Link) Permanent Link

Taxes may be levied on the use of water taxes in the event of an attack, by way of payment of a declaration or by other means, but not by way of transfer of the goods.


Article 125a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Where water taxes are levied in other ways, the tax regulation determines how they are levied and how the tax debt is disclosed to the taxpayer. In addition, the tax regulation may provide that the Executive Board shall lay down detailed rules for the implementation of the rules.

  • 2 The other taxes levied are applied for the purposes of the application of the General law and the Act of recovery 1990 The following shall be deemed to be subject to an attack on taxes, except that:

    • a. the attack, the provisional attack, the recovery order: the advanced, or provisionally advanced, the advanced amount;

    • b. The deposit note: the notification of the item in part A amount referred to;

    • c. the day drawing of the ticket: the day drawing of the written notice of the item in part A the amount, or in the absence of a written notification, the date on which the amount was otherwise notified to the taxable person.


Article 126

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of the taxation of Community water taxes, the General law non-application the Article 2, fourth paragraph , 3 , 3a , 37 to 39 , 47a , 48 , 52 , 53 , 54 , 55 , 62 , 71 , 76 , 80, second, third and fourth members , 82 , 84 , 86 , 87 and 90 to 95 . In addition, in the case of the tax on water taxes which are levied in other ways, the Articles 5 , 6 to 9 , 11, second paragraph , and 12 of that Act external application.


Article 126a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The rules referred to in paragraph 1 shall in any event contain a description of the person to whom the obligation rests, and of the tax for which the obligation applies. These rules shall also specify, depending on the nature of the obligation, a description of the nature of the information and information to be supplied, the nature of the information to be shown by the administration or the purpose for which it is to be used for the purposes of Article 5 (2). consultation of data media may be made available.


Article 127

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 inviting the declaration to be made in the form of a declaration Article 6 of the General Act , shall be effected by issuing a notification note.

  • 2 The lodging of the declaration, Article 8 of the General Act It shall be effected by the surrender or transmission of the issuing note with the documents requested in that submission.

  • 3 By way of derogation from the previous members, the Article 123, third paragraph, part b The official of the watership shall require that a declaration be made or to be lodged to issue a declaration by the holding of the declaration of declaration. They include:

  • 5 A derogation may be made from the first and second paragraphs of the tax regulation.


Article 128

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 128a

Compare Versions Save Relationships (...) (External Link) Permanent Link

An official referred to in the Article 123, third paragraph, part d , is to the extent that this is for the levy of the Article 122d, first paragraph , of this law or Article 7.2, second paragraph, of the Water Law where the water tax is reasonably needed, competent:

  • a. any location of the equipment required by the use of the strong arm, if necessary, without the permission of the occupant, with the exception of a dwelling;

  • b. taking samples of the effluent disposed of in the sense of Article 122c, part c , of this law, or is discharged into the meaning of: Article 7.1 of the Water Act .


Article 129

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The in Article 123, third paragraph, part b The official of the water shall be responsible for bringing together tax attacks of the same type intended for the same taxable person in respect of various taxes on a single bill of ticket.

  • 2 The first paragraph shall apply mutatis mutandis where the tax is levied in any other way.


Article 130 [ Verfall by 01-01-2010]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 131

Compare Versions Save Relationships (...) (External Link) Permanent Link

If objection is raised both against a tax offence in the charge of a built or unbuilt immovable property and against one on the foot of the Chapter IV of the Property Valuation Act the decision given on the basis of which the tax attack is based, captures, in the event of the facts and circumstances of the case, those of interest both in respect of the charge in respect of a built or unbuilt immovable property and for the purposes of the proceedings determination of the value at the foot of the said Chapter IV , the period within which the Article 123, third paragraph, part b, shall give judgment on the former, by way of derogation from the decision of the Court of First Article 7:10, 1st paragraph, of General Law governing law , at the time of the on-the-foot Chapter IV This decision shall be irrevocably fixed.


Article 132

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person who, under the tax regulation, is entitled to a total or partial exemption, reduction, exemption or refund may within six weeks after the occurrence of the occurrence of the claim has occurred; or in so far as it involves a tax which is levied in the event of an attack and has not been issued at that time or delivered to post, within six weeks of the date of the notice of the deposit, an application for the acquisition of the Exemption, reduction, exemption or refund in the case of the Article 123, third paragraph, part b , the official of the watery.

  • 2 The first paragraph shall apply mutatis mutandis where the tax is levied in any other way.


Article 133

Compare Versions Save Relationships (...) (External Link) Permanent Link

In cases where international law requires international law or, in the opinion of Our Ministers of Infrastructure and the Environment and of Finance, the international use to that effect, the exemption from water taxes shall be granted. The Ministers mentioned above may lay down detailed rules on the matter.


Article 134

Compare Versions Save Relationships (...) (External Link) Permanent Link

In addition to a reduction, waiver or refund provided for in the tax regulation, the Article 123, third paragraph, part b The official of the water shall also automatically be granted an exemption provided for by that Regulation.


Article 135 [ Expated per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 136

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the event of an infringement of a provision relating to the levy and recovery provided for in the tax regulation, only a fine may be imposed in so far as that infringement is considered to be a criminal offence, and a fine of the second category.


Article 137 [ Expaed by 01-09-1999]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 138

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In the case of water taxes which are not subject to an attack or to be charged on the declaration of goods, the tax regulation may provide that a public official of the watership is the person responsible for the recovery of water resources. the tax officer in charge of water taxes shall be responsible for the recovery of such taxes.

  • 3 For property taxes on immovable property, in so far as they are levied by the owner or from the genothebbende under a limited right, the watershelf has a privilege on the immovable on which the attack is in such a way the restricted rights to which those cases are subject. The privilege goes above mortgage and above all other privileges, with the exception of the privilege of Article 288 (a) , as well as that of Article 284 of Book 3 of the Civil Code , to the extent that the costs referred to therein have been incurred after the adoption of the attack.


Article 139

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The tax regulation may stipulate that the amount due must be paid simultaneously with and in the same way as the satisfaction of another claim to the creditor of that other claim.


Article 140

Compare Versions Save Relationships (...) (External Link) Permanent Link

In relation to the conduct of a claim as referred to in the Article 19 (4) of the 1990 Act of Invording are the rules laid down by our Minister of Finance pursuant to the 10th paragraph of that article by corresponding application.


Article 141

Compare Versions Save Relationships (...) (External Link) Permanent Link

The payment of the levy payable to the person liable for payment and the sums to be collected from him in respect of taxes on water at the level of the tax Article 24 of the Act of Invorting is also possible in case the Article 9 of the Act of Invorting the period prescribed, or the Article 139, first paragraph That deadline has not yet expired.


Article 142

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If two or more persons are liable to tax, the tax liability may, in particular, be made of one of them, if the same taxable fact or taxable fact is subject to the same tax or taxable amount.

  • (2) If the tax obligation referred to in paragraph 1 arises from the enjoyment of an immovable property under the property, possession or restriction and the attack has been made in particular by one of the taxable persons, the person liable for payment of the tax may be 'Water taxes responsible for water taxes' means the tax attack on the whole property, in particular, of the person in particular who was the subject of the attack, without taking account of the rights of other taxpayers.

  • 3 The taxable person who has fulfilled the tax liability can be more satisfied than his tax liability for the other taxpayers in proportion to the tax burden of everyone.

  • Paragraph 5 of the third paragraph may be derogated from by agreement.


Article 143

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the application of Article 66 of the Act of Invoration with regard to water taxes, the Articles 76 , 80, second, third and fourth members , 82 , 84 , 86 and 87 of the General Act external application.


Article 144

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 The general administration may provide that, by way of derogation from the rules referred to in paragraph 2, it shall not be granted a partial remission or remission at all.

  • 4 With due respect to our Minister of Infrastructure and the Environment, in accordance with our Minister of Finance, rules can be governed by the general administration with regard to the manner in which the cost of existence and the manner in which the power is take into account different rules which result in a greater waiver of remission.

  • 5 The Executive Board may declare the tax inapplicable in whole or in part. The decision to that effect shall relieve the official of the water responsible for the recovery of water taxes from the obligation to carry out further efforts to recovery.


Article 145

Compare Versions Save Relationships (...) (External Link) Permanent Link

Where a water tax is to be expelled, an instrument of prosecution or an enforcement order has been served in the area of a watership other than that to which the tax is due, in addition to the provisions of the Tax-executor of the latter shall be responsible for the tax executor of the first sewerage and shall be required to do so by the tax executor of the first sewerage


Article 146

Compare Versions Save Relationships (...) (External Link) Permanent Link

The owner or the person who, by virtue of another restricted right, has the pleasure of immovable property situated in the area of a water property and who has no known place of residence or stay within the Netherlands, is obliged to the Executive Board of that property. an address to be sent to the Netherlands within the Netherlands, in which the documents relating to water taxes or relating to water resources are to be sent to the Netherlands Article 5:25 of the General Administrative Law must be incurred or served as a result of administrative coercion. If he fails to do so, service of a warrant shall be made to the person or to the official of the official of the public prosecutor of the court within whose jurisdiction the immovable property is wholly or partly situated. The bailier or tax-officer shall, if possible, send a second copy without delay by registered letter to the place of residence or actual residence of the person concerned.


Article 147

Compare Versions Save Relationships (...) (External Link) Permanent Link

Appropriate arrangements may be made in the framework of this Chapter in order to supplement the matters covered by this Chapter in the case of a general measure of management.


Title V. Additional provisions on monitoring of the management of water

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter XIX. Approval [ Expired by 25-11-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 148 (Expired from 25 to 11 January 2009)

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 149 [ Expaed on 25-11-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 150 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 151 [ Expaed on 25-11-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 152 [ Expestablished per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter XX. Appeals against decisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 153 [ Exp-to-date 25-11-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 154 [ Exchanges per 01-01-1994]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 155 [ Expestablished on 25-11-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter XXI. Suspension and destruction

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 156

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A decision or a non-written decision directed at any legal effect of the water administration may be destroyed by the Member States.


Article 157 [ Verfall by 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 158

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If a decision is taken into consideration by the President for destruction, he shall give notice to the Member States two days after it has been notified of his decision. He shall at the same time notify the institution which took the decision and, where necessary, to the body responsible for the implementation of the decision.

  • The decision in respect of which the first paragraph has been applied shall not be carried out or shall be carried out before it is received from the Member States that there is no reason for suspension or destruction. If the decision has not been suspended or destroyed within four weeks of the date of notification of the President of the President, it shall be executed.


Article 159 [ Verfalls per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 160 [ Expated per 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 161

Compare Versions Save Relationships (...) (External Link) Permanent Link

If a well known decision has been destroyed or if it has not been destroyed within the time for which it is suspended, public knowledge shall be given by the Board of Water Management. Article 73, second and fourth paragraphs , shall apply mutatis mutandis, except that the terinzalegging shall be carried out for the time of four weeks.


Article 162

Compare Versions Save Relationships (...) (External Link) Permanent Link

By way of derogation from Article 8.4, first paragraph, part d, of the General Administrative Law , an interested party may institute proceedings against a decision of the Member States referred to in Article 156, first paragraph .


Article 163

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Management Committee shall, once again, decide on the subject of the decision which has been destroyed, taking into account the decision to destroy it.

Chapter XXII. Monitoring of interprovincial waterboards

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 164

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A decision to establish and regulate a watership, the territory of which is situated in two or more provinces, shall contain rules on the exercise of supervision under this Title or of any other form of supervision. Where a decision is made to the colleges of the Member States concerned by the joint exercise of supervision, rules shall also be laid down on the common preparation of the supervision to be carried out in order to carry out such surveillance. take decisions.

  • 2 If the colleges of the Member States are not able to reach agreement on the decision to be taken within the time limit for the exercise of supervision, or, if no time limit applies, within a reasonable period of time, they shall communicate this in writing to our Minister of Infrastructure and the Environment. In that case, upon the nomination of this Minister, after consultation with those colleges, the decision shall be taken by royal decree, heard by the Council of State. Article 27d of the Law on the Council of State shall apply mutatis mutandis.


Title VI. Transitional and final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 165 [ Exp. by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 166 [ Verfalls by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 167 [ Exp. by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 168 [ Exp. 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 169 [ Exp. 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 170 [ Verfalls per 01-01-1997]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 170a [ Expired 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 171 [ Expired 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 172

Compare Versions Save Relationships (...) (External Link) Permanent Link

Deadlines set in a regulation of the watershelf are the Articles 1 to 4 of the General Termining Act ( Stb. (1) 1964, (314) shall apply mutatis mutandis, save as otherwise provided in the rules of procedure.


Article 173

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44 (4) to (7) , Article 44a, fourth and fifth member , below Article 48, sixth and seventh member , does not apply to the member of the Executive Board of the Executive Board, when that provision enters into force, as long as the Chairman of the Executive Board of a watership, as long as it fulfils his duties without interruption, shall be in the same position as the Chairman of the Executive Board of a water water.


Article 174 [ Exp. by 28-03-2015]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 175 [ Verfall by 01-07-2014]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 176 [ Reports from 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 177 [ Exp. by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 178 [ Expired 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 179 [ Expated by 29-12-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 180

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law can be cited as the Watery Act.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 6 June 1991

Beatrix

The Minister of Transport and Water,

J. R. H. Maij-Weggen

Published on 25 July 1991

The Minister of Justice, a.i.,

J. E. Andriessen


Content

Compare Versions Save

Title I

The water shelves

Chapter I

Introductory provisions (artt. 1-2)

Chapter II

Provisions for lifting, setting up and regulating waterboards (artt. 3-9)

Title II

The composition and the establishment of the management of water

Chapter III

Introductory provision (Art. 10)

Chapter IV

The general administration (artt. 11-39)

§ 1

The composition (artt. 11-13)

§ 2

The election (artt. 14-30)

§ 3

The establishment (artt. 31-39)

Chapter V

The Executive Board (Arts. 40-45)

§ 1

The composition (artt. 40-41)

§ 2

The establishment (artt. 42-45)

Chapter VI

The President (artt. 46-51)

Chapter VII

(sections of art. 52)

Chapter VIII

The Secretary (artt. 53-55)

Title III

The competence of the management of water

Chapter IX

General provisions (artt. 56-76)

§ 1

Introductory provision (Art. 56)

§ 2

Relation to Province and State (Art. 57-59)

§ 3

Special provisions (Art. 60)

§ 4

Administrative coercion (artt. 61-72)

§ 5

Publication and entry into force of acts which involve general binding rules (Articles 73-76)

Chapter X

The competence of the general administration (artt. 77-83)

Chapter XI

The competence of the executive (artt. 84-93)

§ 1

General powers (artt. 84-89)

§ 2

Special powers (artt. 90-93)

Chapter XII

The powers of the President (artt. 94-97)

Title IV

The finances of the watershelf

Chapter XIII

Introductory provision (Art. 98)

Chapter XIV

The budget and the account (artt. 99-107)

§ 1

The budget (artt. 99-104)

§ 2

The account (artt. 105-107)

Chapter XV

The administration and control (artt. 108-109)

Chapter XVI

The taxes on water (artt. 110-115)

Chapter XVII

Special provisions on the omes (artt. 116-122)

Chapter XVIII

The levying and recovery of taxes on water (artt. 123-147)

Title V

Monitoring of the management of water

Chapter XIX

The adoption of decisions (Arts. 148-152)

Chapter XX

The appeal against decisions (Arts. 153-155)

Chapter XXI

The destruction and suspension of acts (artt. 156-163)

Chapter XXII

Supervision of interprovincial waterboards (Art. 164)

Title VI

Transitional and final provisions (artt. 165-180)