Key Benefits:
Law of 10 November 1900, laying down general rules on the administration of the State
We WILHELMINA, at the grace of God in the Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
Allen, who will see these or read hooren, saluut! do n' t know:
So we have taken the view that it is necessary to lay down general rules on the administration of water;
It's a 188 of the Constitution ;
So it is that we, the Council of State, and with the general consultations of the States-General, have found and understand, as we approve, and understand:
1 The management or maintenance of water works in administration or maintenance in the Kingdom of others, as well as the management or maintenance of waterstate works in the Kingdom which are in management or maintenance for others than the Kingdom; they are unmanaged, shall be governed by law.
2 By way of derogation from the first paragraph, water works in management or maintenance of the Kingdom, which are not of national importance, may be brought into management or maintenance by royal decree to others, if agreement has been reached on this subject between the Empire and the others.
3 By way of derogation from the first paragraph, water works in management or maintenance of others, which are of national interest, may be brought to the management or maintenance by royal decree to the State if there is agreement between them the Empire and the others.
4 A decision referred to in the second and third paragraphs shall be made on a joint proposal by Our Minister responsible for the implementation of this Law and by our Minister of Finance.
1 The Deputed States can, water state works in management or maintenance at others than the Empire, the administrators heard, zoom unmanaged water state works in the management and maintenance of the province.
2 They are free from the maintenance or the maintenance of contributions to the maintenance, may be required by the decision to take over management and maintenance to the province until they are paid off yearly, which shall not be taken together. higher than that which was required for proper maintenance per year.
3 Where rights are levied for the use of a water state, which is taken by the province under management and maintenance, shall, except in the case of the use of a water state, be levied by Article 54 of the Wegenwet damages shall be granted for the purpose of compensation for the levy on the proceeds of the levy, which shall be determined by the decision of the States in respect of management and maintenance.
4 The two preceding paragraphs of this Article shall apply only where no agreement has been obtained in respect of the acquisition referred to in the first paragraph.
Where the need for a provision of supplies of water exists and the power of jurisdiction is in default to regulate that interest, a law may lay down the procedure for the provision of that interest.
(1) If the Member States of two or more provinces do not reach agreement or not within a reasonable period to reach agreement on the rules of the water state which affect them because they disagree with regard to the need for or the need for the The content of the scheme may be provided for therein by a general measure of management. Article 27d, first to fourth paragraphs, of the Law on the Council of State shall apply mutatis mutandis.
2 On breach of regulations, by general measure of directors under this article given, the same penalties may be imposed if provincial states are able to impose on violation of their regulations and regulations under the law.
3 Before making any nomination to a general measure of management as referred to in paragraph 1, our Minister of Transport and Water State shall hear deputed States of the respective provinces.
1 Where the design, maintenance or improvement of a waterState work, graingings, measurements or setting of teekens are considered necessary on a person's land, the owners must, if necessary, be considered to be the users of that body. If this is to be done, provided that they are at least two or twenty hours in advance or by the administration of the body governed by public law, which designs, maintains, maintains or improves the SOC's work, either by Mr Mayor, in writing.
2 [ Red: Expated.]
3 [ Red: Expated.]
4 The provisions of this Article shall not be invoked by the owners or users of land where the use of a person's land from a regulation or from an obligation of others is in accordance with the provisions of this Article.
The owners and users of land, on which or by making use of electrical conductions for the purpose of a water-state interest, are obliged to place the necessary poles, the lead of the wires, so above as under the ground, as well as the maintenance of which it is necessary to maintain it. The placing of poles and the lead of threads under the ground in enclosed gardens and yards, which form a whole with inhabited perceives, need not be tolerated.
1 The damage resulting from the application of the provisions of artt. 9 , 10 In the case of rightholders it is not possible to exclude, in respect of the claim of damages from existing obligations, the reimbursement of the work, in particular whether the work is being designed or carried out.
2 Proceedings shall be dealt with and shall be decided by the court of the court of the Arrondissement, in which the case is wholly or wholly situated, without appeal if the claim does not exceed € 1 750 and, unless otherwise, more than occupation to which sum of the claim was allowed to be covered.
3 The defendant is obliged to declare, in his reply, what amount he is prepared to pay as damages.
4 The costs of the proceedings shall be borne by the defendant, unless the court finds, in the circumstances of the proceedings, for compensating all or part of the costs, except that the costs are borne entirely by the plaintiff, if it is not allocated more than was offered by the defendant in response to his reply.
1 The cost of damage caused to water works in management or maintenance of a province, a watership or a municipality, for which owners or users of vessels are legally liable, are to be read [ text correction: "shall be" '] the official designated for that purpose shall be estimated and indicated in a report which shall be communicated to the skipper in copies where possible.
2 If the amount estimated is not paid to the official concerned or is not satisfied with the security of the person concerned for payment within a reasonable period of time, the official shall be entitled, if necessary, by using the strong arm; to carry out the journey, to undertake the journey back or to embark on a new journey, even if the vessel has now been removed from its territory.
3 Without prejudice to the right to full compensation of the damage, the public authority concerned shall have the power to use the amount paid to repair the damage. If it is found that the actual costs incurred as a result of damage are less than the amount paid, the excess shall be paid out to the person who has paid the surplus, with the statutory interest of that payment from the day of payment.
1 The Member States who have been deputed may order the cessation of the execution of waterworks, which is carried out in contraa with the general or provincial interest or with the importance of a different watership than that which is carried out by the Member States.
2 This power does not apply to works, which are undertaken by the State.
3 In case of provincial works Our aforementioned Minister may order strike orders of execution because of struggle with the public interest.
1 The execution of necessary water works and facilities, including clearances, which are not required by the obligation to do so, may be ordered by the Member States.
2 The order may be given to any person who has a water state work in management or maintenance with the exception of the Empire.
3 If the obligation referred to in paragraph 1 rests on a province, the order shall be given by Our aforementioned Minister.
4 The administration of a municipality cannot be given the order, if the obligation relies solely on his care for the household of the municipality.
5 The order may also be given if the obligation to establish a common system has been established by two or more municipalities or waterboards.
1 Where the Member States of the Article 37 the powers vested in it, do not make use of it, our Minister, Mr President, may have heard the orders referred to there.
2 The provisions of the preceding paragraph shall also apply to the order referred to in paragraph 1. Article 38 .
Our Minister for Transport and Water State is empowered to impose a charge under administrative coercion in order to maintain a command as referred to in the Treaty. § 12 .
Our Minister of Transport and Water State may, in order to maintain a command issued by them as intended § 12 , to impose a burden under administrative coercion, or to impose a burden under administrative duress, on the Member States of the Member States.
If the enforcement of an order is sought by the Member States of the Member State concerned, this shall be done in the case of national funds, unless the budget for provincial expenditure is allocated to them.
If a decision is taken on an action brought in whole or in part for him, to whom the order has been given, if the order has already been ordered, the costs of enforcement and necessary recovery shall be made in the previous State. Wholly or for a corresponding part to be borne by the State, if our Minister of Transport and Water State has executed the order or is the enforcement by Our Minister of Transport and Water State to the Member States dedicated and, in the other cases, to be charged to the province.
1 With the supervision of compliance with or under this Act, the responsibility of the College of Degraded States, by Our Minister of State and Water, by Our Minister for Transport and Water, by our Commissioner in the province, has been entrusted to the Board of the or by the lectures of mayor and aldermen appointed by the mayor.
2 The officials referred to in paragraph 1 shall be empowered to enter a dwelling without the permission of the occupant, with a view to the equipment needed.
1 becomes an order, as intended in the Articles 36 , 37 and 38 by a joint decision of two or more colleges of appointed States shall be designated by that decision to designate one of those colleges for the exercise of the powers conferred by it or with regard to the States deputed for the office of depute in connection with the implementation, including the power to impose a burden under administrative duress.
2 If the colleges in question do not understand themselves by any such decision, the order shall be given and the designation by Our Minister in charge of the implementation of this Law.
3 The legal claim against the province, referred to in Article 41 , shall be set up against the province, the Member States of which shall be designated for the exercise of the powers provided for in paragraph 1.
This law does not apply to water state works within the meaning of Article 1.1 of the Water Act .
1 The date of time, or at which times the provisions of the Act are to enter into force, shall be determined by us at which time has not already been taken.
2 With the entry into force of this Act, as it was originally established, the Law of 12 July 1855 ( State Sheet n ° 102), to premature provision in certain water-state interests, and to the provision of art. 7 of the Royal Decree of 17 December 1819 n ° 1 and the Royal Decree of 29 March 1822 ( State Sheet n °. 7), 7 September 1822 ( State Sheet n ° 42), 23 September 1849 ( State Sheet n °. 50) and 14 April 1850 ( State Sheet n ° 16).
3 With the entry into force of the provisions of Paragraph 17 of this Act, the Royal Decree of 21 August 1835 (n ° 23), laying down rules on the correspondence in the case of ice hall and high water on the rivers, shall be taken into account, in which that Royal Decree has been amended or supplemented and the acts adopted in implementation thereof and the Royal Decree of 18 December 1820, n °. 70.
This law may be cited under the name of the Water State Law 1900.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at the Loo, den 10den November 1900
WILHELMINA.
The Minister for Water, Trade and Industry,
C. Lely.
Spent the four and twenty November 1900.The Minister of Justice,
Cort v. d. Linden.
