Key Benefits:
Law of 29 January 2009, laying down rules relating to the management and use of water systems (Water Act)
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 account the fact that the public authorities, in the field of public habitability and the protection and improvement of the environment, where such care is taken in the water management system, are of great interest and that it is a matter of great interest to us. in order to ensure efficient and efficient management of water management, it is desirable to streamline and modernise the legal instruments, and to focus on the integrated management of water systems;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following provisions shall, unless otherwise specified, be defined in this Act, except where otherwise provided:
management: government care with regard to one or more separate water systems or components thereof, targeting the in Article 2.1 said objectives;
Administrator: competent administrative body of the public body in charge of management;
Salvage area: under the Spatial planning law in the case of water-management purposes, other than a surface water body or part thereof, which is intended to increase the storage capacity of one or more water systems and also as a salvage area to the semi-trailer;
protection zone: a landlocked zone in which the protection of that work may be subject to rules and restrictions;
competent authority: concerning the management of a water permit, where appropriate with the application of Article 6.17 ;
Outdoor water: water of a surface water body whose water level is directly affected by high storm surge, high water from one of the major rivers, high water from the IJsselmeer or Lake Markerlake, or in combination thereof;
Delta Fund: fund referred to in Article 7.22a ;
deli program: program, intended in Article 4.9 ;
Dike: primary water benefit system which provides protection against flooding, whether or not with high soils, in particular, by outdoor water;
groundwater: water which is free from the earth's surface, containing the substances contained therein;
Groundwater body: Coherent groundwater mass;
Infiltration of water: water, in addition to groundwater, in the soil, in conjunction with the removal of groundwater;
Water Framework Directive Directive No 2000 /60/EC from the European Parliament and the Council of the European Union of 23 October 2000 establishing a framework for Community action in the field of water policy (PbEG L 327);
Trailer: Semi-trailer as intended Article 5.1 ;
Removal of groundwater: Groundwater removal by means of a withdrawal device;
Withdrawal device: the establishment or work intended for the removal of groundwater;
Our Minister: Our Minister of Infrastructure and the Environment;
Our Ministers: Our Minister of Infrastructure and the Environment, together with our Minister for Economic Affairs, each in so far as matters of responsibility are part of his responsibility;
Public waste water sewer: the provision for the collection and transport of urban waste water, in management of a municipality or a legal person entrusted by a municipality with the management;
Surface water body: a coherent whole water-free water, containing the substances contained therein, and its associated soil, banks and, to the extent expressly designated under this law, drier uranges, as well as flora and fauna,
Primary water conversion: water conversion that provides protection against flooding due to the fact that it belongs to a dike or a dike is situated;
Regional waters: water systems or components thereof that are not in administration to the State;
National waters: water systems or components thereof that are in administration to the State;
Urban wastewater: Domestic waste water or a mixture thereof with commercial waste water, fluting of the sky, groundwater or other waste water;
River basin management plan: plan as referred to in Article 13 of the Water Framework Directive;
River basin district: territory as referred to in Article 2 (15) of the Water Framework Directive;
UN Convention on the Law of the Sea: the Convention on the Law of the Sea adopted in Montego-Bay on 10 December 1982 (Trb. 1983, 83);
water management: public health care focused on the in Article 2.1 said objectives;
Water State work: Surface water body, salvage area, watershed or supporting artwork;
water system: Coherent whole of one or more surface water bodies and bodies of groundwater, with associated salvage areas, water conversions and supporting works of art;
Water permit: permit as intended in the Articles 6.2 , 6.3 , 6.4 , 6.5 , 6.13 , 6.18 or 6.19 ;
sea: marine waters, with the exception of the inland waterways of states, including the seabed and subsoil thereof;
Purification of purity: Works for the purification of urban waste water, in operation with a water or municipality, or a legal person responsible for the discharge of urban waste water by the management of a water, including the work of that work associated work for the transport of urban waste water.
2 For the purposes of this Act and the provisions based thereon, withdrawal devices constituting a coherent whole shall be considered as a withdrawal establishment.
3 For the purposes of this Act and the provisions based thereon, the subsurface of the sea bed shall be included in the surface water body.
1 For the purposes of applying the concept of river basin district to this Act and its related provisions, the territory of the Netherlands is classified in the parts of the river basin districts of Ems, Meuse, Rhine and Scheldt situated in Dutch territory. Under the territory of the Netherlands, this Article and its provisions shall be understood to mean the territorial sea, as far as it is situated on the land side of the line of which each point is situated at a distance of an international sea. nautical mile measured on the sea from the low-water line, intended in Article 1 of the Dutch Territorial Sea Borders Act or the baseline, meant in Article 2 of that Act .
2 The mutual confines of the Dutch parts of river basin districts shall be determined by or under general measure of governance. It shall also provide for the allocation of groundwater bodies to river basin districts.
3 In the preparation of the measure, our Ministers shall hear Member States of the relevant provinces and of the managers and the competent authorities of the other States in the river basin district.
1 The thigh circles and the primary water conversions are indicated at the Annex I and PR land maps belonging to this law.
2 The Annex referred to in paragraph 1 may be amended by a general measure of management. In the preparation of the measure, Member States and administrators responsible for the respective thigh and primary water conversions shall be heard.
3 A general measure of management as referred to in paragraph 2 shall not take effect sooner than three months after the date on which it was sent to both Chambers of the States General.
This law shall also apply in the Netherlands exclusive economic zone.
1 The application of this Law shall be aimed at:
a. Avoiding and where necessary mitigation of floods, water nuisance and water scarcity, in connection with
b. Protection and improvement of the chemical and ecological quality of water systems and
c. fulfillment of societal functions through water systems.
2 The application of this Law shall be directed towards objectives other than those referred to in the first paragraph, to the extent specified elsewhere in this Act.
1 In the case of the Annex II the safety standard is indicated for each dike as the average probability of overshoot per year of the highest high water level at which primary water conversion to direct conversion of the external water is to be calculated, having regard also to the rest of the water-based capacity determining factors. Article 1.3, second and third paragraphs , shall apply mutatis mutandis.
2 In accordance with, and replacing the probability of overwriting within the meaning of paragraph 1, the safety standard for each dike under ministerial arrangement shall be the average probability per year of a flood of the The area is protected by the encumin of a primary water conversion.
3 Primary water conversions which are not intended for the direct conversion of the external water shall not, as long as the dike surrounding the area for which they perform a water-performing function, be fixed as a safety standard as referred to in the second paragraph; offer at least equal security if it was on 15 January 1996.
1 In the case of primary water conversions, the establishment of a ministerial arrangement shall determine the relationship between high levels of water and the chances of overtaking thereof as a basis for determining the water-related power of these. In this determination, values may also be established of factors such as those that are such.
2 The fixing referred to in paragraph 1 shall be made each time for a maximum of 12 years. In the preparation of the scheme, the boards of the waterboards are heard.
In the case of a general measure of administration, heard by Member States, or a provincial regulation, other than primary water conversions in the State, other than another operator, shall be identified as a safety standard.
In the case of a ministerial settlement, a Member State heard, or in the case of, or under the provincial regulation, other than primary water conversions in the State, or another administrator, shall be used for the purposes of this determining the relationship between water levels and their overrun prospects in determining their water-related capacity. In this determination, values may also be established of factors such as those that are such.
Our Minister is responsible for the establishment and availability of technical guidance for the design, management and maintenance of primary water conversions. These guidance shall be directed by the administrators.
1 Landward movement of the coastline is prevented or prevented from driving, to the extent necessary to the judgment of our Minister because of the safety standard required by this law.
2 The coast line referred to in paragraph 1 shall be indicated in a card which is available free of charge by Our Minister, which shall be reviewed after six years. The availability shall be published in the Official Gazette.
In the case of a provincial regulation, the average flood probability per year of areas to be designated for the purposes of the mountain and landing capacity to which regional waters must be set up shall be set.
1 In the case of general management measures, the ranking of social and ecological needs, which determines the distribution of the available surface water in the case of water shortages or threat of water supply, is defined.
2 By or under the measure and, in the cases provided for by that measure, the Provincial Regulation may be subject to detailed rules relating to the order of precedence referred to in the first paragraph. Those rules may also include the corresponding application of the ranking on available groundwater.
Standards for the chemical and ecological quality of water systems are established under Chapter 5 of the Environmental Protection Act , in accordance with the environmental objectives set out in Article 4 of the Water Framework Directive.
By or pursuant to a general measure of management, standards may be established for national waters and, for the purposes of international commitments or above regional interests, for regional waters, for the purposes of the Chapter 4 the functions to be allocated to water systems. In the case of regional waters, such standards may also be imposed by, or pursuant to, the provincial regulation.
1 Every twelve years, the administrator shall report to our Minister on the general water state of the primary watershed.
2 Every twelve years, the administrator of the external water, being the major rivers, reports to our Minister on the extent to which the semi-trailer, drawn up for these waters, is met, including in the light of the high tide of water as intended for the purpose of Article 2.3, first paragraph .
3 The Secretary of State shall report to each of the Chambers of the States of the States on each dike each time referred to in the first paragraph.
4 The reports referred to in paragraph 1 shall contain an assessment of safety. Such assessment shall be carried out inter alia in the light of the following: Article 2.2, first or second paragraph , established safety standard, the following Article 2.3, first paragraph Factors established, the Article 2.6, first paragraph -, the technical leaners and the semi-trailer. Further detailed rules on the evaluation shall be laid down in the case of ministerial arrangements. In the preparation of the scheme, the boards of the waterboards are heard.
5 If the safety assessment so provides, the reports referred to in paragraph 1 shall contain a description of the provisions which shall be deemed necessary for a period to be specified in the report.
Our Minister sends every twelve years to the two Chambers of the States-General a report on the effectiveness and effects of the Annex II Indicated safety standard.
Without prejudice Article 2.12 in the case of, or by virtue of a general measure of administration or under or under the provincial regulation, rules may be laid down in respect of periodic measurements by the administrator of quantities to be given and the amount of money to be given by the administrator assessing measurement results from the level of implementation of the standards specified in the paragraphs 2 and 3 In so far as it concerns standards adopted by national authorities at provincial level, they shall be set out.
1 In the case of, or under a general rule of management, the water systems which are under management or other parts of the State are to be managed in full or with the exception of those parts.
2 In the case of, or under general management, the delimitation shall also be determined for the surface water bodies covered by the designation. In doing so, the surface water bodies of the rivers are bounded by the outer ruby line of the primary watershed to the extent that that primary watershed is indicated on the map identified as Annex I This law belongs to, or, where it is lacking, the line of high water-based land to be determined in this respect.
3 In the case of or under general management measure, land within a surface water body may be designated as drier oeverlands as defined in the definition of surface water body in Article 1.1 .
4 The proposal for the measure referred to in paragraph 1 shall be submitted following the consultation of the Member States of all the provinces and all the boards of water for the use of the content of the measure.
5 The nomination for a general measure of management amending the designation referred to in paragraph 1 may be made only if a transfer or management of the management by Our Minister has been decided upon therein. Agreement has been reached with the relevant other administrator and Member States concerned.
6 In the case of a ministerial arrangement, non-member government bodies which are wholly or partly responsible for the administration of designated national waters may be designated. The designation shall be in accordance with the relevant administrative body.
1 By the Provincial Regulation, regional waters shall designate bodies responsible for the administration, in whole or in part, with due regard for: Article 2, second paragraph, of the Watery Act .
2 To the extent that, by provincial regulation, bodies other than water are to be entrusted with management, the Articles 4.6 , 5.1 , 7.2 , 8.1 and 8.3 of this Act do not apply to the managers concerned and, if the provinces and municipalities are concerned, neither Article 5.29 , except in so far as this Article is applicable to or pursuant to that Regulation, for the purposes of designating waterworks works, in relation to the particular significance of those state works.
3 Article 3.1, third paragraph , shall apply mutatis mutandis.
The water is responsible for preventing damage to waterstate works caused by musk and beverrats, as well as the water.
1 In the interest of timely adoption of measures for high water which may present a risk of primary water conversion to the direct conversion of the external water, our Minister shall ensure that:
a. information is available on the expected deviations from the high water levels published for that purpose by Our Minister;
b. warnings and further information shall be provided to the administrators of primary water conversions and colleges of the Member States concerned, as soon as it is expected that high water from one of the major rivers will be high in the event of a high storm surge; high water of the IJsselmeer or Lake Markermeer or, as a result of a combination of these, the high-water level exceeds the level of alert.
The Secretary of the Alert Board referred to in paragraph 1 (b) shall be determined by our Minister for a decision to be published in the Official Journal for a period of six years.
1 Purification of municipal waste water in a public waste water sewer shall be carried out in an establishment intended for that purpose under the care of a watership. Such a device may be operated either by the water itself or by a legal person entrusted by the management of the water with that purification.
2 By way of derogation from paragraph 1, the management of the relevant watership and the council of a concerned municipality may decide, on a proposal from either of the two Parties, that the purification of designated municipal waste water in that municipality shall, from A time to be determined shall take place in an establishment intended for that purpose under the care of that municipality. A decision as referred to in the preceding sentence may be taken only on the ground that this is demonstrably more efficient for the purification of urban waste water.
3 The management of the watery and the council of the municipality concerned shall decide on a proposal as referred to in paragraph 2 within one year from the date on which it is the board of the community concerned or by the management of the water. received. In the absence of agreement within that time limit, the two parties shall be heard from the Member States having been heard.
1 The municipal council and the college of mayor and aldermen shall ensure efficient collection of the fluidity of the water, to the extent of the person who dismay or intends to dispose of it or to dispose of it, reasonably to do so. It is not possible to apply the fluidity of the sky on or into the soil or in the surface water.
2 The municipal council and the college of mayor and aldermen are also responsible for the efficient processing of the sown water. The processing of rainwater can in any case include the following measures: storage, transport, recovery, retreating, whether or not after treatment, on or in the soil or in the surface water of collected water. Sky-water, and the draftable to a purification process.
1 The municipal council and the college of mayor and aldermen are responsible for taking action in the local area of municipal authorities with a view to ensuring a structural adverse impact of the land-water situation on the land-based land. to prevent or limit, in so far as the adoption of such measures is effective and not to the care of the administrator or the province.
2 The measures referred to in paragraph 1 shall include the processing of the groundwater collected, including in any case salvage, transport, recovery and, after treatment or not, on or in the soil or in the soil. the surface water collection of collected groundwater, and the discharge into a purification process.
1 There is a government commissioner directly under our Minister for the delta programme. This is the title of the title "Deltacomcommissioner".
2 The Commissioner is appointed by royal decree, in accordance with the views of the Council of Ministers. It may also be suspended by Royal Decree and dismissed.
3 The Commissioner shall be appointed for a period of not more than seven years and shall be renewable once.
4 In the case of ministerial arrangements, detailed rules may be laid down concerning:
(a) appointment, suspension, temporary failure to perform his duties, dismissal;
b. claims in the event of sickness;
(c) other matters, its legal status, which need to be established.
The Commissioner will promote the creation and implementation of the delta programme. To:
-make a proposal for the delta programme on an annual basis and submit it to our Ministers;
-promote consultation with relevant administrative bodies, businesses and civil society organisations;
-he monitors the progress of the implementation of the delta programme and reports and advises on it to our Ministers.
For the purpose of the establishment and implementation of the delta programme, the Commissioner obtains, upon request of our Ministers, the information to be provided to them by or under the law.
1 In order to implement Article 3.6b The Commissioner conducts regular consultations with the relevant administrative bodies of provinces, water and local authorities.
2 At the invitation of invitation, other relevant administrative bodies may also participate in the consultations.
3 In the consultations, the progress of the implementation of the delta programme and proposals for measures and arrangements under the delta programme shall be discussed in each case.
In the field of water management, nature, the environment or spatial quality, the Commissioner is not working in any other public-administrative or administrative function, or in the private sector.
1 Management of water systems located within the same river basin district, to the extent necessary to ensure coherent and efficient management of water, shall establish water arrangements in which they shall address the management area's growing aspects of management Take care of each other.
2 Administrators may invite another public authority to participate in the water agreement, if that authority fulfils a water-management task that is not carried out by them.
3 In the case of, or pursuant to general measures of administration or, in the case of water agreements covering exclusively regional waters, provincial regulation may lay down detailed rules for water agreements.
Water and local authorities shall ensure the reconciliation of tasks and powers necessary to ensure efficient and coherent water management, including the independent management of waste water intake, collection and treatment.
Our Minister exercises the supervision of primary water conversions.
1 By or under the Provincial Regulation, rules on the information to be provided by boards may be laid down for the purpose of coherent and efficient regional water management.
2 If international obligations or superregional interests make it necessary, rules may be laid down or under general rules governing the control of provinces, water boards or municipalities in respect of provide water management information.
1 By or under the provincial regulation, rules may be laid down for the preparation, adoption, modification and content of the management of the water system for the purpose of establishing a coherent and efficient regional management of water resources. set plans, decisions or water agreements as referred to in Article 3.7, first paragraph .
2 If international obligations or superregional interests make it necessary, rules may be laid down in respect of, or under general management, rules relating to the preparation, adoption, modification and content of the rules to determine plans, decisions or water agreements of provinces or water bodies under the water management system as referred to in Article 3.7, first paragraph.
Where a coherent and efficient regional management of water progressates, the Member States shall be able to designate the management of a watership as regards the exercise of powers or the performance of tasks. In the case of a watership whose territory is situated in two or more provinces, the designation shall be given by Member States of the province or provinces to which monitoring of the water is assigned.
2 At the time of designation, a period shall be set at which the designation shall be implemented.
3 An indication shall not be given than after the management of the water has been given the opportunity of having been informed of the intention to give the designation, unless urgent circumstances preclude such action.
4 When the Board of a Water does not give due due or untimely or untimely action to the designation, the Member States shall have the power to provide for such management and for that authority on behalf of that administration. If Member States make use of this power, they shall notify our Minister without delay.
1 Our Minister may, if international obligations or above regional interests make it necessary, give to the Member States or the administration of a watery a clue as to the exercise of powers or the performance of tasks in the framework of water management. Article 3.12, second paragraph , shall apply mutatis mutandis.
2 A designation shall not be issued than after the relevant governing body and, if the designation is directed to the board of a watership, deputed states of the province or provinces to which the supervision of that watership is directed, in they have been informed of the intention to make the designation, unless urgent circumstances preclude such action.
3 Where the Board of a Water does not take or is not properly or duly effected or otherwise pursues a judgment under the first paragraph, failing or not to duly perform or otherwise make a decision The result has not been brought about, not in good time or in good time, and our Minister decides to provide for the benefit of the watery. The Articles 121, second and fourth members , 121a to 121st of the Provinciewet shall be applicable mutatis mutandis.
1 Our Minister shall ensure a balanced distribution of the costs of high water protection for waterboards.
2 Our Minister shall inform both Chambers of the States-General of a proposed change in the distribution of costs referred to in the first paragraph.
1 Our Ministers, in a national water plan, lay down the main lines of national water policy and the relevant aspects of national spatial policy. The plan is also a structural vision for the spatial aspects of the plan. Article 2.3, second paragraph, of the Spatial Planning Act .
2 The main lines of action are:
a. An indication, in the light of the legal objectives and standards, of the desired development, operation and protection of the water systems, as well as of the associated deadlines;
a presentation of the measures and provisions necessary for the purpose of such development, operation and protection;
(c) an indication of the foreseeable financial and economic consequences of the policy to be implemented;
d. a view of the desired developments related to the prevention and, where necessary, the mitigation of floods and water scarcity, for a period of at least 40 years, in relation to the expected climate change.
3 In addition, the plan shall include:
a. the river basin management plans for the Rhine river basin districts, Maas, Scheldt and Eems, to the extent that they relate or also relate to the territory of the Netherlands;
b. North Sea policy;
c. the functions of the waters of the rijkswater.
Our Ministers shall send the established national water plan to the States General.
1 In the case of, or under general management, rules shall be laid down concerning the preparation, establishment and content of the national water plan, including the river basin management plans for the Rhine, Meuse, Scheldt and Ems river basin districts, to the extent that they relate to or relate to the territory of the Netherlands. In any event, these rules shall provide for:
the manner in which the draft plan is prepared in joint consultation with representatives from the circle of boards of all provinces, waterboards and local authorities;
Consultation of the competent authorities of the other States in the Rhine, Meuse, Scheldt and Ems river basin districts;
c. North Sea policy: consultation of the competent authorities of other relevant States; and
d. participation of residents and stakeholders.
2 Our Ministers shall inform the competent authorities of the views received on the draft international river basin management plan, in so far as such views are not exclusively related to the Dutch part of that plan of the States concerned.
1 Provincial Member States shall lay down, in one or more regional water plans, the main lines of the water policy to be implemented in the province and the relevant aspects of provincial spatial policy. These plans are also structural visions for the spatial aspects of the project. Article 2.2, second paragraph, of the Spatial Planning Act .
2 The main lines of action are:
the establishment of the functions of regional waters;
b. an indication, in the light of the legal objectives and standards and in conjunction with the functions referred to in point (a), of the desired development, functioning and protection of regional waters, and of the corresponding time limits;
(c) a statement of the measures and provisions necessary for the development, operation and protection referred to in point (b);
d. To indicate the financial and economic consequences of the policy to be implemented, reasonably foreseeable.
3 Provincial States shall ensure, in cooperation with the states of neighbouring provinces, that the regional water plans together cover the total territory of all the provinces.
1 Provincial Member States propose rules on the preparation, shaping and establishment of the regional water plan. In each case, they shall lay down rules on:
a. the way in which the draft of the plan is prepared in common consultation with the operators of the water systems in the province, as well as the municipal boards;
(b) the consultation of our Minister, Member States of the neighbouring provinces and, with regard to border-making or transboundary water systems, the German or Belgian authorities responsible for such water systems;
c. The participation of stakeholders and residents of the province.
2 An established regional water plan shall be sent to Our Minister.
1 An administrator shall establish a management plan in relation to the water systems under its management. In this context, regional waters shall take into account the regional water plan relating to those regional waters and the coordination of management plans of other managers, where there is, or could be, of consistency between the All water systems shall be ensured.
2 The plan shall contain:
(a) the programme of measures and provisions necessary for the development, operation and protection of waters, in addition to and for the development of the measures provided for in the national or regional plan; regional waters or regional waters, indicating the corresponding time limits;
(b) additional allocation of functions to waters or regional waters, provided that the national or regional plan provides for the possibility to do so;
(c) the intention of managing the way in which the administration is to be administered;
d. a statement of the financial resources required for the implementation of the programme and for the management of the programme.
1 In the case of, or under general measure of administration or provincial regulation, rules shall be laid down as regards the preparation and the shaping and establishment of management plans in the field of national waters, or regional waters. In any case, these rules shall cover:
a. the consultation of the Article 4.6, first paragraph (i) managers and deputed states of the provinces and the boards of security regions within which their water systems or components are situated, and the competent authorities in respect of border-forming or transfrontier waters Belgian, German or UK authorities;
b. Participation of stakeholders and residents of the management area.
2 The measure or regulation referred to in paragraph 1 shall provide for the transmission or notification of a set management plan to the authorities consulted under the first paragraph and also to our Minister.
1 The plans referred to in this Chapter shall be reviewed once every six years. In addition, mid-term review of the plans is possible.
2 In the case of a general measure of management, rules may be laid down for the period within which the revision of a plan must be operational.
1 There is a delta program.
2 In connection with the water safety and fresh water supply, the delta programme shall be:
a. Measures and provisions of national interest in order to prevent and, where necessary, reduce flooding and water scarcity;
b. measures and arrangements to protect or improve the chemical or ecological quality of water systems, as they are part of the declarations.
3 The programme may also include ambitions in other policy areas, provided that they do not result in the expenditure of the expenditure referred to in the second paragraph.
Section 4 of the delta programme may also be subject to examination for the purpose of the measures and provisions referred to in the second and third paragraphs.
5 Each year for the following six years, the delta programme shall be as detailed as reasonably possible to indicate the measures and provisions to be implemented during that period and the means to be made available for:
a. Declarations referred to in paragraph 2 (a) and (b), respectively, distinguishing between management and maintenance on the one hand, and construction on the other;
b. ambitions as referred to in paragraph 3, indicating how these ambitions are financed;
Investigations as referred to in the fourth paragraph.
It shall also indicate the measures or types of measures foreseen in the following 12 years and the means to which they are likely to be available in the case of non-change policies.
6 The delta programme will show how it will contribute to achieving the objectives of the national water plan in the area of water safety and fresh water supply.
7 The detailed arrangements for taking account of the proposal and the opinions provided for in the programme are to be taken into account in the programme. Article 3.6b .
1 Our Minister offers every year, simultaneously with the budget of the delta fund for the new year, the delta programme to the States-General.
2 Our Secretary of State shall inform the States General in writing of the inferences which he undertakes to undertake in the deliberations in the States General on the programme for the implementation of that programme.
The following shall be considered as part of the delta programme as referred to in the second paragraph.
1 The administrator shall arrange for the establishment of a semi-trailer, which shall define the location, shape, dimension and construction of water state works. The semi-trailer is part of a map showing the location of water state works and adjacent protection zones.
2. The semi-trailer shall be accompanied by a technical management register in respect of primary or water reversals which have been applied to Article 2.4 , in which the characteristics of the construction and the actual situation, characteristic of the conservation of water power, are specified in greater detail.
3 By or under provincial regulation or, regarding water state works in administration to the Empire, general measure of governance may be given further rules regarding the content, form and periodic review of the semitrailer for distinguishing categories of waterstate works. Exemption may also be granted from the obligations referred to in paragraph 1 in respect of certain waterworks which, by their nature or function, do not lend themselves to the definition of those elements or are of minor nature. dimensions.
1 An administrator shall be obliged to determine, for the purposes of designating surface water or groundwater bodies under his management, one or more of the poll acts.
2 In a poll, water stands or ranges within which water levels may vary, which shall be maintained as much as possible for periods specified in this paragraph.
3 The designation shall be carried out either by a general management measure or by a provincial regulation or by a provincial regulation, in so far as it concerns regional waters under the same rules. For the purpose of the measure or of the Regulation, regional waters may be subject to detailed rules in respect of regional waters in respect of the peilation decision.
The administrator shall, taking into account the requirements of the application or Chapter 2 rules laid down, in respect of the state of the water under its management, the necessary measures for the safe and effective use thereof, in accordance with the provisions of Chapter 4 functions assigned to those water state works.
1 The construction or modification of a waterstate work by the administrator or by the administrator shall be carried out in accordance with a project plan to be established by it. The construction or alteration of a waterstate work shall be treated as the execution of a work to influence a groundwater body.
2 The plan shall contain at least a description of the work in question and the manner in which it will be implemented, together with a description of the arrangements to be adopted, aimed at undoing or limiting the adverse effects of the execution of the work. For cases to be determined by general management measures, the plan contains an inventory of societal functions and ambitions and possible innovations that could combine the construction or modification of a water state work, including the possibilities to achieve the work in question through a concession for work or other form of public-private cooperation.
3 In the case of, or under the general measure of management referred to in paragraph 2, rules on how the inventory is carried out and the involvement of private parties may be established.
4 The nomination for a general measure of directors to be adopted under the second paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
5 If the plan relates to the diversion of a primary water conversion, it may also include provisions relating to the application in the area of the area between where the original primary watershed is located, and the place where the new primary water conversion is to be located.
6 The first paragraph shall not apply if, in respect of a work referred to in that paragraph, the Tracéwet or the Emergency law widening applies, or if the work is to be applied to Section 3.5 of the Spatial Planning Act .
This paragraph applies to project plans to build, diversion or strengthen primary water conversions and, in the cases established by or under provincial regulation, to project plans of boards of water resources for the construction or change of water conversions other than primary water conversions and other water-state works of superlocal significance to be established as a matter of urgency and in a coordinated manner.
1 On the preparation of the project plan Section 3.4 of the General Administrative Law applicable.
2 The terinzalegging, intended in Article 3:11 of the General Administrative Law It shall also be carried out at the premises of the administrative bodies concerned. Views can be brought forward by any person.
3 The administrator shall establish a project plan for the construction, diversion or strengthening of a primary water conversion within 12 weeks of the expiry of the time limit for the forward statement of views. After establishing it, it shall immediately send the plan to the Member States.
1 The project plan shall be subject to the approval of Member States of the province in whose territory it is to be implemented. Approval may be withheld only in respect of a breach of law or general interest.
2 If it is a waterState work situated in more than one province, the Member States of the relevant provinces may determine, by means of corresponding decisions, that Member States of the province in which the State of water works in that province is located mainly, to be responsible for the approval of the project plan.
3 By way of derogation from Article 10:31, 2nd and 3rd member, of General Law governing law a decision on the approval of a project plan to build, to be put in place or to strengthen a primary water barrier cannot be postponed.
1 Proposed states shall promote coordinated preparation of the decisions necessary for the implementation of the project plan.
2 The Member States shall be able to cooperate with other relevant administrative bodies in order to ensure the success of coordination. Those governing bodies shall cooperate with the cooperation they have requested.
3 In the case of a water-state activity situated in more than one province, the Member States of the relevant provinces may determine, in accordance with corresponding decisions, that the Member States of one of those provinces shall coordinate the to promote the preparation of the decisions referred to in paragraph 1.
4 In respect of applications for decisions referred to in paragraph 1, the administrator shall be empowered to submit them to the competent administrative bodies.
On the preparation of the Article 5.8, first paragraph , the acts referred to were Section 3.4 of the General Administrative Law applicable, except that:
(a) the drafts of the decisions within a period to be determined by the Member States to be determined by the Member States concerned shall be forwarded to the Member States concerned, which shall ensure the Article 3:13, first paragraph, of that law the said transmission;
(b) Member States may jointly apply to the drafts of acts the decisions taken in respect of the draft Articles 3:11, 1st paragraph , and 3:12 of that law ;
c. views forward can be brought forward by any one;
By way of derogation from Article 3:18 of that Act the decisions shall be taken within a period to be determined by the Member States;
(e) the decisions shall be sent without delay to the Member States concerned;
f. decimating states to decide on the application of Article 3:18, second paragraph, of that Act .
In so far as a destination plan for the execution of works and work is an environmental permit for a construction activity as referred to in Article 2.1, first paragraph, point (b) of the General Provisions Act necessary, shall not apply in the area covered by a defined project plan.
1 If a governing body, other than an administrative organ of the State, is competent to decide at first instance on an application for the adoption of a decision necessary for the implementation of the project plan, it shall not, or fail to, make a draft decision in good time. the application to Member States does not, in good time or in good time or in accordance with the plan of the project, either transmit or not act in accordance with the project plan, or be subject to the judgment of the Member States or states that it is necessary to amend the application. Take a decision on the request. In the latter case, their decision shall take the place of the decision of the governing body at first instance. Where Member States intend to make a decision on their own application, they shall consult with the administrative body which is empowered to decide at first instance.
2 The first paragraph shall apply mutatis mutandis to ex officio decisions for the implementation of the project plan and decisions other than those for the implementation of the project plan, which are aimed at the implementation of the project plan provisions.
3 Where, for the purposes of the first paragraph, the decision referred to in that paragraph is taken by Member States on an application for decision-making, the administrative organ which has jurisdiction at first instance shall bear the application for Fees are received in respect of deputed States in this respect.
The Article 5.8, first paragraph Such decisions shall be published simultaneously by the Member States in so far as they are prepared in coordination.
1 Against a decision as referred to in Article 5.7, first paragraph (a) cannot be brought before the court or tribunal by an interested party to whom it can reasonably be accused of having no view as to whether or not it is intended to Article 3:15 of the General Administrative Law has been put forward against the draft of the project plan to which the approval is to be granted.
2
By way of derogation from Article 6: 8 of the General Administrative Law Act Captures the time limit for filing a notice of appeal against the decisions referred to in Article 5.8, first paragraph , as from the day following the day on which the Article 5.12 Such publication has been made.
1 Inteigation due to Title II or IIa of the expropriation law may be co-executed with a view to implementing the provisions of a project plan referred to in Article 5.4, second or fifth paragraph .
2 The in Article 18, first paragraph, of the expropriation law The summons referred to may be made after the project plan is approved by the Member States. The court does not speak the expropriation then after the project plan has become irrevocable.
1 If, as a result of an unusual occurrence, the soil or bank of a surface water body is or is likely to be polluted or affected that the quality of that soil or bank is an obstacle to the attainment of the desired the quality of the area, the administrator shall, without delay, take the measures necessary to ensure that the cause of the pollution or damage is taken away and that the pollution or degradation and its direct consequences is limited and to undo as much as possible.
2 The Article 30, second to fourth paragraphs , and 74 of the Land Protection Act shall apply mutatis mutandis, subject to the understanding that 'Member States' shall read: the administrator.
1 The administrator may be entitled to the right-holders of land, where there is a pollution which may hinder the attainment of the desired area quality and which are located in or part of the soil or bank of an area of land which is not the surface body of surface water shall, in so doing, recommend that research be carried out into that pollution.
2 The administrator may order the person, by whose action a pollution of the soil or bank of a surface water body is caused, to carry out investigations in such a way as to carry out investigations into that pollution.
3 The administrator may be entitled to property rights holders in which there is a pollution which is an obstacle to the attainment of the desired area quality and which are located in, or part of, the soil or bank of a surface water body, shall recommend that temporary security measures be taken in this manner.
4 The orders referred to in paragraphs 1 and 3 above shall only be given to rightholders in respect of land which they have, or have had, in the exercise of a holding.
1 If the administrator referred to measures or provisions as intended: Article 4.6, second paragraph, point (a) In the case of pollution or degradation of the soil or bank of a surface water body which is an obstacle to the attainment of the desired area quality, it shall not be limited to that of the species soil or bank, shall include those measures or facilities which do not belong to the soil or bank of the surface water body, provided that:
a. the source of the contamination or degradation in the soil or bank of the surface water body is located; and
b. the contamination or degradation of soil which does not belong to the soil or the bank of a surface water body leads to serious risks.
2 In a case referred to in paragraph 1, the administrator shall, before taking any measures or provisions, consult the competent administrative body in the matter in question. Soil Protection Act .
3 Section 3 of Chapter IV of the Land Protection Act shall not apply to measures or provisions referred to in the first paragraph which affects the administrator in the soil that does not belong to the soil or bank of a surface water body.
In the case of contamination or degradation of the soil or bank of a surface water body, Article 6.8 The administrator shall, before taking advantage of its powers, consult with the competent administrative body in accordance with the provisions of this Article, which shall not be limited to the soil or bank. Soil Protection Act .
The cases where the quality of the soil or the bank of a surface water body constitutes an obstacle to the realisation of the desired area quality may be determined by or under general measure of management. In the case of, or under that measure, it may be determined in which cases an intervention in the soil or bank of a surface water body is required without further action.
1 The persons responsible for inspecting water systems or parts thereof, operating under the responsibility of the administrator, shall be empowered to enter any place, with the exception of dwellings, with a view to the equipment required Permission of the occupant.
2 Our Minister or the Board of a Water is empowered to issue an authorisation as intended. Article 3, second paragraph, of the General Law on indoor reason , having entered into a dwelling without the consent of the occupant by one or more persons designated for that purpose by decision of Our Minister or that administration, to the extent that the dwelling is part of a water work or directly in a place of water. connection.
3 The Articles 5:13 , 5:15, second and third members , 5:16 and 5:20 of the General Law governing law shall be applicable mutatis mutandis.
1 The administrator or, where appropriate, the Member States may, in so far as it is reasonably necessary for the performance of their duties, impose on rightholders the obligation to examine and, in such cases, to investigate. related activities to be carried out.
2 In the case of cases of urgency, the decision imposing the obligation shall, at least two weeks before the start of the investigation, be published to the rightholders.
1 The person who, in order to obtain information, required for the application or amendment of a water permit or for satisfaction of another under this law, or a regulation of water or province in the context of the management of water, shall be the one who Where the rightholders do not grant such grounds, the administrator or the manager may, if the holders of such grounds do not permit him, carry out investigations or, in the case of those grounds, do not permit him to carry out the necessary tests. Chapter 6 -the competent authority requests that the rightholders do so in accordance with Article 5.21 -to record.
2 The administrator, as a member of the competent authority, shall, when laying down the obligation to pay, lay down such conditions as to ensure that the compensation for damage to the rightholders is adequately ensured.
1 Right-holders in immovable property shall be kept under maintenance and recovery work on water resources, insofar as such activities are carried out by or under the supervision of the administrator.
2 Rightholders in respect of land situated on or in a surface water body, the maintenance of which is carried out by or under the supervision of an administrator, shall be held on those grounds and receive specic and gastric maintenance, which shall be governed by the law. That surface water body is removed.
3 The administrator shall inform the rightholders in writing of the intended work at least forty-eight hours in advance of the planned work.
1 The administrator may, in so far as is reasonably necessary for the performance of his duties, impose on rightholders in respect of immovable property the obligation to construct or alter a state of water work and the related assets to do so, where, in its judgment, the interests of those rightholders are not progressing impropriate.
2 Article 5.21, second paragraph , is applicable.
1 Rightholders have been held to show, on or on the basis of or to those cases, by or because of the administrator, measuring instruments, signals, marks or other signs, and maintained, if that is the view of the manager is required in connection with the function performance of a water state work.
2 The first paragraph shall apply mutatis mutandis to traffic signs which have been applied by or because of the Maritime Traffic Act the competent authority shall be affixed and maintained.
Right-holders in respect of immovable property situated in, or part of, a surface water body or salvage area, are kept water nuisance and floods due to drainage or temporary disposal of surface water.
Without prejudice to the provisions of this Regulation, rightholders shall be without prejudice to the use of groundwater or the infiltration of water under a water permit, without prejudice to the provisions of the Article 7.18 , kept that from doting out or infiltrating.
1 In this paragraph the term 'danger' means circumstances which cause immediate and serious danger of the good state of one or more water works to become uncleaned or likely to become uncleaned.
2 Article 5.29, first paragraph, second sentence , does not apply to danger posed by a wreck within the meaning of the Combating maritime accident law which is located in the North Sea or is caused by occurrences or circumstances as referred to in Article 16 or 18 of that Act .
1 The administrator shall ensure the conduct of exercises in effective action at risk. He shall also establish a contingency plan for the water works under his management, which shall comply with rules to be laid down by or pursuant to general management measures.
2 The disaster plan provides for the coordination of crisis plans and disaster management plans, established for the area in which the water state works are located.
3 In any case, the design of a contingency plan shall be submitted for comments to the boards of the security regions within which the water state works are located.
1 The administrator shall be empowered, in the event of a danger, to take the necessary measures, if necessary by way of derogation from legal provisions, as long as the situation resulting from that situation so requires, except that it shall not take any measures Those in conflict with the Constitution or with international law obligations.
2 If the Board of a Water has made use of the power referred to in paragraph 1, it shall immediately report it to the Member States concerned.
3 If, by way of derogation from the second paragraph, the management of a watery in connection with a danger to a primary water conversion has been exercised, he shall without delay inform our Minister.
4 The administrator shall, as soon as the actual circumstances under which the application has been given to the first paragraph, bring the waterstate work as far as possible in accordance with the state prescribed in the semi-trailer.
5 The administrator shall ensure an evaluation of the action and further action on the application of the first and fourth members. In any event, he shall send a copy of this evaluation to the Member States concerned and to the boards of security regions within which the SOEs are located.
6 If the evaluation relates to his performance and further action in relation to danger to a primary water conversion, the administrator shall, by way of derogation from the fifth paragraph, forward in each case a copy of the evaluation to inform Our Committee of the Minister, as well as on the boards of the security regions within which the primary watershed is situated.
If, in their opinion, the administration of a water is not or does not adequately act in the event of danger, the Member States shall give similar application to Article 3.12 .
If the circumstances do not allow prior convening of the Member States, our Commissioner in the province shall be responsible for the exercise of the power referred to in the first paragraph as long as the danger persists and until such time as to make use of that power.
3 Our Minister may, if in his judgment deputed States or our Commissioner in the province, wrongly not or do not make sufficient use of the power referred to in the first or second paragraph, apply mutatis mutandis to Article 3.13 .
4 By way of derogation from paragraph 1, if, in his opinion, the management of a watership does not act or does not occur sufficiently in the event of a primary water conversion, the Minister may give similar application to the Article 3.13 .
1 Our Minister is in the public entities Bonaire, Sint Eustatius and Saba in the event of a water pip, as long as the situation resulting from it makes this necessary, to take the necessary measures which he considers necessary, if necessary by derogation from legal provisions, except that he does not take any measures contrary to the Constitution or with international law obligations.
2 Under water pruning may be understood as an urgent or imminent danger to flood.
3 Our Minister shall ensure the holding of exercises in effective action in the case of water pruning.
4 Our Minister shall ensure an evaluation of the action and further action on the application of the first paragraph.
For the purposes of this Chapter and the provisions based thereon, unless otherwise specified, the following definitions shall apply:
Discharge: the placing of substances in a surface water body, or of water or substances on a purification technical work;
revision permit: permit granted under Article 6.18, first paragraph , or 6.19, 1st Member ;
Substances: wastes, polluting or harmful substances;
Landfill of substances: Dispose of substances or vessels, aircraft or work on the seabed at sea or sea, in a manner which is intended to be used in the Article 6.3, first paragraph, part a , in conjunction with Article 6.12 (b) , or as referred to in Article 6.3, first paragraph, part b, or third member.
1 It is prohibited to substances in a surface water body unless:
a. An authorization has been granted for that purpose by Our Minister or, with regard to regional waters, the administration of the watership concerned;
b. has been granted an exemption for this purpose by or under general management measure;
c. Article 6.3 is applicable.
2 It shall be prohibited from a work, other than a public waste water sewer, water or substance, to a purification technical work, unless:
a. An appropriate permit has been granted by the Steering Board of the Article 3.4 Referred to water;
b. To that effect, an exemption has been granted to or under general management measure.
3 For the purposes of paragraph 1, the grounds shall be within a surface water body Article 3.1 or 3.2 have been designated to be more drier and not included in that surface water body.
4 The first paragraph shall not apply to the discharge resulting from the use of fertilisers on agricultural grounds in floodplains and external areas in the context of normal agricultural business, provided that there are rules of this kind. set at or under the Fertiliser law .
1 It is prohibited from our Minister without a permit to do so:
a. To get rid of substances by transferring them from or from a vessel or an aircraft to the sea, or by burning them at sea;
b. Work to dispose of vessels, aircraft or work on the seabed at sea;
(c) to take substances on board a vessel or aircraft for the purpose of getting rid of it in a manner as referred to in paragraph (a) or to issue or store substances for that purpose.
2 The first paragraph shall also apply to acts taking place on vessels and aircraft registered in the Netherlands located outside the Netherlands and the Netherlands exclusive economic zone.
3 The first paragraph, part (a), shall apply mutatis mutandis to the removal of substances by sea or by burning them from or from a work established on the seabed, unless such acts are related to, or arising from, the sea. from the normal use of that work, provided that such use is not intended to get rid of substances.
1 It shall be prohibited to withdraw groundwater or infiltrate water without a permit to that effect from the Member States:
a. in the case of industrial applications, where the quantity of water to be excluded exceeds 150 000 m 3 per year;
b. For the purpose of the public drinking water supply or for a forest-dementia system.
2 In the case of a provincial regulation, it may be laid down that the first paragraph shall not apply to removal from which the quantity to be excluded must not exceed 10 m 3 per hour.
In the case of, or under a general measure of administration, regional waters may be determined, in accordance with general measures of management and, for the purposes of international commitments or above, for regional waters, that it is prohibited without a permit to Minister, member of the Committee of the Watership, on the other hand:
a. Water to be brought in or out of a surface water body;
b. to withdraw groundwater or to infiltrate water in cases other than those specified in the Article 6.4 ;
(c) use, otherwise than in accordance with the function, to make or maintain, or to carry out, work on it, or to carry out any work, whether or not in accordance with the function, or any work, whether or not in accordance with the function; or to deposit, place, place or lay down solid substances or objects, whether they are standing or lying.
A prohibition on or under any general measure of management as referred to in Article 6.5, introductory wording and part c , does not apply to wind farms where the Wind energy law at sea is applicable.
1 In the case of, or under general management, rules may be laid down for the conduct of operations as referred to in the Articles 6.2 to 6.5 , except for regional waters, in so far as it is intended to act as Article 6.4 or 6.5 In the case of international obligations or upper regional interests, it is only rules that are imposed.
2 In the case of, or under the measure, the obligation to comply with rules laid down by a governing body designated by or pursuant to that measure may be imposed on it. It may be laid down that these rules may derogate from the rules laid down pursuant to the first paragraph.
3 In addition, the measure may provide for a derogation from the rules laid down pursuant to paragraph 1 by means of a regulation of a watershelf or of a Provincial Regulation or the rules to be attached to a water permit.
The Article 6.6, first paragraph , the said rules may include an exemption from a prohibition as provided for in Article 6.3 , 6.4 or 6.5 withholding or prohibiting the provision of those acts and the obligation to report measurements, taking into account the rules to be laid down or under general management, to report the conduct of operations, (b) conduct data, record information and declare it to a competent administrative body.
Any person who carries out or fails to act and who knows or could reasonably have suspected that the soil or bank of a surface water body may be contaminated or affected by those acts or omission thereof, shall be liable to all take measures that can reasonably be required to prevent such contamination or damage, or if such contamination or impairment occurs, the pollution or the degradation and its direct consequences Limit and eliminate as much as possible. If the pollution or damage is the result of an unusual occurrence, the measures shall be taken without delay.
1 The person carrying out acts as intended Article 6.8 In addition, any contamination or degradation of the soil or bank of a surface water body caused by those operations shall notify the administrator as soon as possible of any contamination or impairment. It shall indicate the measures referred to in Article 6.8 which it intends to take or which it has already taken.
2 The administrator may provide guidance on the measures to be taken, intended to be taken in accordance with Article 6.8 .
1 Our Minister may prohibit or restrict access to a water-State work in management in the Kingdom of the Kingdom in whole or in part by a public notice on the spot or in any other appropriate manner.
2 The first paragraph shall not apply to the use by public traffic, unless the prohibition or restriction of access relates to a safety area around a work in the exclusive economic zone set up in the an agreement with Article 60 of the UN Convention on the Law of the Sea, or around a work in the territorial sea.
1 The powers set out in this Chapter may, in respect of acts referred to in Article 6.5, part c , which take place in the Netherlands exclusive economic zone, to be applied to protect interests other than those in which the Article 2.1 provided that it does not provide for or is provided for by other law.
2 The powers set out in this Chapter may, in respect of acts referred to in Article 6.2, second paragraph , to be applied in order to protect the efficient operation of a purification process.
This Chapter shall not apply to:
a. Acts relating to or under the conditions of Nuclear energy law or the Law to prevent pollution from ships ;
b. operations on board vessels or aircraft in the sea, in so far as those operations are related to, or arising from, the normal use of the vessel or aircraft, provided that such use is not intended to dispose of any substance;
Operations on board of warships, naval auxiliary ships and other ships in use for the execution of the military mission, irrespective of nationality;
d. acts at sea in which rules have been imposed on or under the Mining Act as well as the removal of groundwater from or for the purpose of detecting or extracting minerals or geothermal heat within the meaning of Article 1 of that Act , to the extent that the removal at a depth of more than 500 metres below the surface of the face of the earth takes place;
Acts which are subject to or pursuant to the rules Wet protection products and biocidal products , to the extent that the general measure of management does not provide otherwise.
This paragraph shall also apply to permits required by the regulation of a watershelf, to the extent that they concern operations in a water system or protection zone. Authorisation shall be deemed to be an exemption requirement in accordance with such a Regulation.
1 In the case of, or under general management, rules shall be laid down concerning the manner in which the application for a water permit is made and the particulars and documents submitted by the applicant for the purpose of the decision on the Request. In the case of the measure, by derogation from Article 2:15, 1st and 2nd member, of General Law governing law , it is stipulated that the application is submitted in whole or in part by electronic means, or that the competent authority is receiving in full or in part electronically submitted applications. It may be specified that the obligations are subject only to the categories of cases specified in those obligations.
2 In the case of a regulation as referred to in Article 6.13 It may also be subject to rules on the data relating to the act designated by that Regulation, which shall be provided by the applicant for the purpose of the decision on the application.
1 The application for authorization shall be submitted to the mayor and to aldermen of the municipality where the measure is to be carried out wholly or principally. By way of derogation from the first sentence, the application may also be submitted to the competent authority. In that case, the competent authority shall send a copy of the application to the mayor and aldermen of the municipality in which the measure is wholly or essentially carried out.
2 The institution in which the application is submitted shall without delay provide the applicant with proof of receipt of the application, stating the date on which it has received the application.
3 The competent authority shall immediately forward to the applicant a notice of receipt of the application, indicating that it is competent to decide on the application and what procedure will be followed in preparation for that decision.
1 Pending preparation of a decision to grant, amend or revoke a marketing authorisation for the discharge or disposal of substances or, in the cases specified in Article 6.4 , the removal of groundwater or infiltration of water, unless otherwise provided for in the case of a general measure of administration, is the Sections 3.4 of the General Administrative Law Act and 13.2 of the Environmental Protection Act applicable. In the application of Section 3.4 of the General Administrative Law the pieces referred to in Article 3:11 of that Act be made available to the municipality in which the measure is wholly or essentially carried out.
2 A permit for the removal of groundwater or infiltration of water as intended Article 6.4 , it shall not be granted or amended than after the management of the water concerned has been given the opportunity to give an opinion on the application or the draft of the decision to be taken on the application.
3 In the case of a general measure of management, administrative bodies may be appointed, who shall be given the opportunity to advise on the draft of the decision granting or amending a licence.
1 Where an application for authorization relates to an act or a combination of acts in respect of which more than one administrative organ is competent, the application shall be taken into consideration and shall be decided upon by the Governing Body of the highest authority. Where a supreme authority is lacking, the application shall be taken into consideration and shall be decided upon by the governing body in whose territory the action or the assembly of acts is principally carried out.
2 By way of derogation from paragraph 1, the governing bodies concerned may jointly designate a different administrative body from among their members that the application will be examined and shall decide on it. The powers of designation may be exercised in accordance with a mandate.
3 The application referred to in paragraph 1 shall not be decided upon after the relevant administrative bodies have been given the opportunity to give an opinion on the application or the draft of the decision to be taken on the application.
4 The first to third members shall apply mutatis mutandis to applications for the amendment of a licence which increases the number of administrative bodies concerned.
(1) Where an amendment is requested from an authorisation relating to an act forming part of a procedure of the applicant for which one or more other water permits are also in force, it may be competent to to determine, in agreement with the other competent administrative bodies, in the interests of effective implementation and enforcement of the relevant authorisations, that a water permit should be requested relating to all acts which belong to the assembly, providing for the change requested.
2 If, in accordance with paragraph 1, a review authorisation is required, the competent administrative bodies shall decide for the non-treatment of applications for amendments to separate water permits issued in force. be for transactions belonging to the assembly concerned.
3 The competent authority for the review authorisation under the first paragraph may not change the rights conferred by the applicant to the previously previously granted authorisations, otherwise than as a result of the granting of such authorisation. Article 6.22 , in conjunction with the Articles 2.1 , 6.11 and 6.20 .
4 A revision authorisation granted under the first paragraph replaces the authorisations previously granted for the co-operation concerned with effect from the moment it enters into force. These authorisations shall expire at the time of the irrevocable revision of the review authorisation.
1 Where different water permits are in force for a set of transactions, one of the competent authorities may, in agreement with the other competent administrative bodies, be in the interests of effective implementation and enforcement of the measures to be taken in the interests of the competent authorities. authorising the licences concerned of their own motion relating to all transactions falling within the composition of the assembly.
2 Article 6.18, second paragraph , shall apply mutatis mutandis once the design of the review authorisation referred to in paragraph 1 has been submitted to the holders of the authorisations referred to in the first paragraph. In addition, Article 6.18, third and fourth paragraph, shall apply mutatis mutandis.
1 In a permit, rules and restrictions may be attached. The requirements to be attached to the licence may also include:
(a) financial collateral for the performance of obligations under the licence or for the cover of liability for damage resulting from adverse effects caused by the authorisation or the cessation of that act effects on the water system;
(b) removing, compensating or limiting the adverse effects on the water system from the authorised act or the cessation of that act after the cessation of the authorisation of the licence.
2 In the case of, or under general management, detailed rules on the rules and restrictions to be attached to a licence may be laid down.
3 Conduct in violation of the requirements of a licence shall be prohibited.
A licence shall be refused if it is not compatible with the objectives set out in this Directive. Article 2.1 or the interests, referred to in Article 6.11 .
1 The competent authority may amend or supplement a permit and the rules and restrictions attached thereto.
2 The competent authority may revoke a licence, in whole or in part, if the authorisation has not been used for a period of three consecutive years.
3 The competent authority shall withdraw the authorisation in whole or in part:
a. at the request of the holder of the authorisation, in so far as the objectives and interests referred to in the Articles 2.1 and 6.11 , do not oppose this;
b. if circumstances or facts arise which make the act or acts for which authorisation is granted are no longer permissible for the purposes of the Articles 2.1 and 6.11 the objectives and interests referred to;
c. If a treaty or a decision of an international organisation is binding on the Netherlands, or a legal requirement for its implementation, it is mandatory for that purpose.
4 In a case referred to in paragraph 3 (b) or (c), the competent authority shall not repeal, to the extent that it is sufficient to amend or supplement the rules or restrictions attached to the authorisation.
1 If by amendment or partial withdrawal of one with application of Article 6.17 Authorisation granted by the governing body which has granted the authorisation as competent authority shall be notified to the holder of the Board of the holder of the authorisation, together with the decision amending or partial withdrawal of the authorisation granted. after the decision has become irrevocable, competent authority. Where necessary, Article 6.17 shall apply by remaining management bodies.
2 The first paragraph shall apply by analogy, where the involvement of the competent authority ends by a partial refusal of a licence.
1 A licence shall also apply to the successors of the holder of the authorisation, unless otherwise provided for in the authorisation.
The holder of the authorization of the holder of the authorisation shall notify it to the competent authority within four weeks of the authorisation being granted to it.
1 The Articles 8.40, second and third paragraphs , and 8.40a of the Environmental Protection Act as far as an under Article 6.6 (i) a general measure to be adopted relates to the discharge or tipping of substances, subject to that measure by analogy.
2 The nomination for a Article 6.6 (i) a general measure to be adopted does not, in so far as it relates to the discharge or disposal of substances, be made after the design has been published in the Official Gazette and has been given to each person to within four weeks of the date on which the publication is made, wishes and wishes to inform our Minister of the matter. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 Licences for the discharge or disposal of substances shall be subject to the following provisions of the Environmental law general provisions law applicable mutatis mutandis:
b. 2.22, fifth paragraph, first and second sentences , except that the water permit is subject to requirements which contain more stringent requirements than the general binding rules referred to in the first sentence of that paragraph, to the extent that those requirements, in the opinion of the competent authority, are necessary for the purpose of meeting the relevant surface water body in the management plan, as specified in the Chapter 4, Section 3 , of this law, included measures;
c. 2.25, first paragraph , 2.30 , Point 2.31, first paragraph, introductory wording and point (b) , Point 2.33, first paragraph, introductory wording and point (b) , and 8.1 In the case of 'environment', the term 'environment' is read 'chemical and ecological quality of water systems' and 'an establishment or mining work or its operation': the landfill or discharge of water from the 'environment'. Substances.
2 By way of derogation from Article 6.16, first paragraph , is Section 3.4 of the General Administrative Law does not apply to the preparation of a decision on the application for the amendment of an authorisation for the discharge of substances, which does not lead to other or greater adverse effects on the chemical and ecological quality of water systems they are authorised in accordance with the relevant authorisation. The Articles 3.8 and 3.9, first paragraph, part a, and second to fourth paragraphs, of the Act general provisions environmental law shall apply mutatis mutandis to the preparation, referred to in the first sentence, subject to the condition that the term 'environment permit' is read:
3 A permit for the infiltration of water shall be granted only if there is no risk of contamination of groundwater. In assessing that danger, the Article 12 of the Soil Protection Act It has been complied with.
4 Without prejudice Article 6.20 shall be subject to authorisation as referred to in the third paragraph in accordance with the conditions laid down in Article 12 of the Soil Protection Act set rules. The licence shall in any case be subject to rules for ensuring the control of the quality of groundwater.
5 The third and fourth paragraphs shall apply mutatis mutandis to the requirements to be attached to a permit for the extraction of groundwater, in so far as those rules relate to the infiltration of water.
1 An application for the grant or amendment of a water permit, with the exception of a Article 6.5, introductory wording and point c , or on the basis of a regulation referred to in Article 6.13 required authorisation for the use of a water state work or an associated protection zone, which relates to:
a. A device to which an IPPC installation as referred to in Article 1.1, first paragraph, of the General Provisions Act belongs, or
b. A device as intended Article 15 (b) of the Nuclear Energy Act , is submitted simultaneously with an application for grant or modification of an environment permit for an activity as referred to in Article 2.1, first paragraph, point (e) of the General Provisions Act or a permit under the Nuclear energy law .
2 The decision on a request referred to in paragraph 1 shall be made in accordance with Chapter 14 of the Environmental Protection Act Coordinated prepared with the decision on the relevant application under the Environmental law general provisions law or the Nuclear energy law . In addition, at least the Article 14.3, second paragraph, of the Environmental Protection Act the acts must be performed simultaneously.
3 The application for a water permit referred to in paragraph 1 shall in any case be excluded if an application is not made within six weeks of the date on which it is lodged. Environmental law general provisions law or the Nuclear energy law has been filed, or the application under those laws is left out of consideration.
4 The institution responsible for the application of the application for authorization under the law in question shall deliver its opinion on the application for authorization within eight weeks of receipt of the application referred to in the first paragraph with a view to ensuring consistency between the decisions taken on the basis of the various applications. That institution shall also be given the opportunity to deliver its opinion on the draft decision on the application. In a case referred to in Article 3:18, 2nd paragraph, of the General Law on Administrative Law the competent authority may decide to extend the period laid down in the first sentence by a reasonable period to be determined by its decision. If: Article 30, fourth paragraph, of the Services Act the application shall be subject to the period of extension of the period for which the time limit for giving the decision to the application may be extended pursuant to that Article.
5 Is in the licence under the Environmental law general provisions law a provision covering the period of time for which it applies shall be included in the water permit.
6 Is a relevant permit under the Environmental law general provisions law or the Nuclear energy law The water permit may also be withdrawn.
7 The second, fourth and fifth members and the Articles 6.28 and 6.29 shall apply mutatis mutandis to an automatic amendment to a licence referred to in the first paragraph. Furthermore, Member States shall ensure, as a minimum, that the decisions in question are published jointly and communicate them together.
8 In a case as referred to in Article 3.16 of the General Provisions Act -or in the Nuclear energy law in conjunction with that Article, appeal against a decision on a licence under one of those laws, the ruling may also refer to a related decision taken in relation to a water permit.
9 This Article shall not apply where the preparation of the water permit referred to in the first paragraph, the environment permit for an activity as referred to in Article 2.1, first paragraph, point (e) of the General Provisions Act or the permit under the Nuclear energy law Section 3.4 of the General Administrative Law does not apply.
1 In a case as referred to in Article 6.27, first paragraph Where the Member States or one of our Ministers are empowered to grant the authorization required by the law concerned, the Member States concerned may, on the other hand, be the Minister concerned, if that is so to ensure consistency between the take decisions on the various applications in the interests of environmental protection and, where necessary, by way of derogation from the rules laid down by a provincial regulation, as referred to in Article 2 (2) of the EC Treaty. Article 1.2 of the Environmental Protection Act (b) give the competent authority an indication of the content of that decision.
2 A designation shall be issued within eight weeks of the day on which the draft decision on the application is made in accordance with Article 3:11, 1st paragraph, of General Law governing law has been made available for inspection. It shall not be given after consultation with the competent authority.
3 The designation shall be indicated in the decision of the competent authority in respect of which it has been given. A copy of that copy shall be attached to each copy of that Decision.
In a case referred to in Article 6.27, first paragraph , in which the mayor and aldermen are authorized to grant the authorization required under the law concerned, Article 6.28 applicable mutatis mutandis, subject to the proviso that Member States may, on a request from the mayor and aldermen, give an indication to the competent authority.
The competent authority and the administrative bodies involved in the decision on the application for a water permit shall use the facility provided for in this Regulation. Article 7.6, 1st paragraph, of the General Provisions Act . Article 7.6, second paragraph, second and third sentences, of that Act shall apply mutatis mutandis.
1 In this chapter and the provisions based thereon, unless otherwise specified, the following definitions shall apply:
General law: General Law on State Taxation ;
business space: a place of space or property, by its nature and in its nature and in isolation, other than a dwelling place, a purification process or a public waste water collection system;
Built immovable property: constructed immovable property as referred to in Article 117, first paragraph, point (d) of the Watery Act ;
Tax official: Official referred to in Article 123, third paragraph, point (b) of the Watery Act part of the official, for the purpose of Article 7.10, fourth paragraph , which for the application of the General law in the place of the inspector;
resident: resident as intended Article 116 (a) of the Watery Act ;
Discharge: the placing of waste, polluting or harmful substances in a surface water body;
Housing: A space which is intended to be used as a separate whole for the purpose of living and the parts of which are not intended to be used separately for the purposes of such space.
2 For the application of the paragraphs 1 and 2 :
a. Are the grounds within a surface water body that Article 3.1 or 3.2 Have been designated to be more drier, not included in that surface water body; and
b. the exclusive economic zone shall not be included in any surface water body.
1 Under the name of pollution charge, a charge shall be levied on discharging on a surface water body in administration to the State.
2 In the case of discharge into a surface water body in water management, the general administration of that water may, under the name of pollution levy, set up a levy.
3. may be subject to the levy:
a. To discharge from a premises or living quarters, the person having the use of that space;
b. In the case of discharge by means of a sewage system or a purification process, the person to whom the sewerage or that technical work is under management is the person to whom the sewer is employed;
c. In respect of discharges other than those referred to in subparagraph (a) or (b), the person who shall be decidated.
4 For the purposes of paragraph 3 (a), the following shall be added to the pollution charge of a watership:
a. Use of housing by members of a household means use by a member of that household as designated by the tax officer;
(b) use by the person to whom a part of a holding has been put into service has been considered to be use by the person who has used that part in use, except that the person who has taken part in the use has the power to charge the levy as to be related to the person to whom that part has been put into service;
(c) the making available to a place of residence or a place of business for the use of the following use by the person who made available that space, except that the person who has made available the space shall have the right to use it. the charge shall be such as to cover the person to whom the space has been made available.
5 The proceeds of the pollution charge shall be paid to the management of the management of the management of the management of the management of the administration.
1 The quantity and quality of the substances discharged in a calendar year shall be used as a basis for the pollution charge. The pollution value of the substances discharged in a calendar year, expressed as pollution units, shall be used as a charging measure.
2. One pollution unit shall be represented in relation to:
the oxygen consumption: the annual consumption of 54,8 kilograms of oxygen.
1 The number of pollution units is calculated by means of measurements, sampling and analysis obtained by the levy subject, during each calendar year of the calendar year, in accordance with the provisions of the Ministerial Regulation, Tax regulation rules.
2 Upon application by the charge-charging officer, the charge officer shall allow, under conditions to be determined, a derogation from the frequency of measurement, sampling and analysis referred to in paragraph 1 if the charge is likely to be likely to be taken by the charging officer. Made available for the calculation of the pollution value with data on measurement, sampling and analysis of a limited number of etching. This decision shall be taken in the case of an objection which may be contested.
3 The determination of the oxygen consumption of the substances discharged in a calendar year shall be determined on the basis of the sum of chemical oxygen consumption and oxygen consumption by the conversion of nitrogen compounds.
4 If the outcome of the method of determining chemical oxygen consumption has been significantly influenced by organic non-biodegradable substances, a correction shall be made to that result, in accordance with ministerial order (i) the rules laid down in the tax regulation.
5 Article 122h, first, fifth and sixth paragraphs , and Article 122i to 122k of the Watery Act shall be applicable mutatis mutandis. Article 122i, first paragraph, of the Watery Act shall also apply mutatis mutandis to discharges from a purification process.
1 The rate of charge for discharges to a surface water body in management with the Empire is € 37.28 per pollution unit.
2 By way of derogation from paragraph 1, the rate per pollution unit of the charge for discharges to a surface water body shall be charged to the Kingdom from a purification device for the purposes of biological purification of domestic products. waste water 50% of the amount referred to in the first paragraph.
3 The rate of charge for discharges to a surface water body under management of a watershelf shall be equal to the rate of the purification levy fixed by that watership for the tax year in question. Article 122d of the Watery Act .
4 By way of derogation from the first paragraph, the discharge referred to in the second paragraph shall be exempt if the discharge takes place otherwise than by the administrator, provided that the quantity of waste, pollutant or harmful substances has not increased.
1 Provincial States shall be empowered, under the name of the land-water levy, to levy a levy on grounds of tax for the removal of groundwater, in order to combat the costs to be borne by the province:
a. of measures, directly related to the prevention and mitigation of adverse effects of the removal of groundwater and the infiltration of water;
b. In connection with research required for groundwater policy;
c. in connection with the holding of a register for the extraction of groundwater and the infiltration of water;
d. in connection with the reimbursement of Article 7.14, first paragraph , from damage resulting from the execution of Article 6.4 ;
e. in connection with the implementation of Article 7.19 .
2 The holder of the levy shall be subject to the provisions of the Provincial Regulation relating to the holders of establishments or works intended for the removal of groundwater.
3 Where the holder of the establishment or work is considered to be:
a. if it is to do so under this law or by the Water law has authorised the competent authority for the abstraction of groundwater: the person to whom such authorisation has been granted;
b. in the matter of the abstraction of groundwater under the provisions of this Act, or Water law prescribed notification has been made: the person who has reported this notification;
c. in other cases: the person for whom the withdrawal takes place.
4 The amount of groundwater excluded shall be the basis for the levy. Where water is infiltrated by means of a permit, the filtered quantity shall be reduced by the removal from the removal of the filtered form in accordance with the rules of the Provincial Regulation. Groundwater quantity.
1 From pollution charge are exempt:
a. discharges taking place by means of a public waste water sewer system;
b. discharges of substances from a purification process by an administrator on a surface water body that is in management with him;
c. discharges of substances from a purification process other than by the administrator, provided that the discharge is carried out on a surface water body in management and on the amount of waste, pollutant or harmful material substances have not increased.
2 In the case of a general measure of management, the removal of groundwater from that measure may be exempted from land-based taxation.
3 It is also possible to lay down detailed rules governing the pollution charge by means of a general measure of administrative regulation or by means of a general measure of administration. Detailed rules relating to costs, referred to in Article 7.7, first paragraph, part b , may be stated in the case of a general measure of administration.
The applicant may, in accordance with rules to be laid down by ministerial order, be levied by our Minister to cover the costs of the application for the taking of a decision on the basis of a Chapter 5 or 6 of this law.
1 The charge of discharge of discharge to a surface water body in administration to the Kingdom is levied by our Minister in the event of an attack. The levy shall be levied in respect of the calendar year.
2 Without prejudice to the provisions of this paragraph, the levy referred to in the first paragraph shall be levied by analogy with the application of the General law , except the Article 2, fourth paragraph , 37 to 39 , 47a , 48 , 52 , 53 , 54 , 76 , 80, second, third and fourth members , 82 , 84 , 86 and 87 of that Act .
3 For the purposes of the application of the General law Our Minister is in the place of our Minister of Finance.
4 In addition, the application of the General law the official or civil servants appointed by a decision of our Minister to that effect, to the place of the administration of the State Taxes and the Inspector, or of the officials of the tax administration.
5 Of a decision referred to in paragraph 4 shall be communicated by the State Official Gazette.
1 If a business or living space or purification technical work is in use or management by more than one person, the charging officer may face a tax notice on the Article 7.10, first paragraph , the levy referred to in respect of such space or of the purification of goods, in particular, of one of the persons concerned.
2 The tax officer shall be responsible for the same Article 7.2, third paragraph To unify the tax burden of the same species on a single deposit, as referred to above.
The officials appointed by Our Minister responsible for the application of the General law to replace the civil servants of the State Revenue Service, as far as this is for lifting the in Article 7.10, first paragraph The levy referred to in paragraph 1 shall be reasonably required to:
a. To enter each place, with the use of the necessary equipment, with the help of the strong arm, with the exception of a dwelling place without the consent of the user or the users;
b. To take samples for discharges to surface water bodies in management with the Kingdom.
1 The charge for discharging on a surface water body in management at the Reich is recovered with application of the Act of recovery 1990 and the Cost Bill-Income Tax Act if this charge was a driving tax within the meaning of Article 2, first paragraph, part a, of the 1990 Act of Invorting by the care of the recipient referred to in Article 2, first paragraph, part i, of that law, as well as by the other officials mentioned in that law.
2 A provisional attack for the levy referred to in paragraph 1, the bill of which is a day drawing which is the year on which it is fixed, is recoverable in so many periods as there is after the month in the day of the day's notice of the levy. The notice is indicated, remaining months of the year. The first instalment shall expire one month after the date of the date of the ticket and each of the following time limits each month thereafter.
3 Where application of the second paragraph does not result in more than two monthly instalments, the tax attack referred to in that paragraph shall be recoverable two months after the day of the day's day on the bill of arrival.
1 A compensation shall be granted to the person who, as a result of the lawful exercise of a task or competence in the field of water management, suffers from damage to the management of water, a fee shall be granted at his request by the administrative authority concerned, in so far as the damage is whether it is reasonable or not to remain dependant, and to the extent that the fee is not, or is not otherwise, sufficiently otherwise insured.
2 The request for compensation for damage shall contain a statement of reasons and a justification for the amount of compensation applied for. Rules governing the establishment, transmission and justification of a request for compensation may be laid down in the form of a general measure of management or of a regulation of the province or of water.
3 The Governing Body may reject the request if five years have elapsed from the date on which the damage was revealed or after the injured person could reasonably have been aware of the damage, but in any case after the date of the damage, 20 years after the event of the injurious situation. Rules governing the treatment and methods of assessment of a request for compensation may be laid down by, or under the general measure of management referred to in paragraph 2 above, or by a regulation of the province or of water.
4 The decision on the award of the fee shall be taken by a separate decision.
5 In the case of or under general management measure, without prejudice to: Article 7.15 , detailed rules shall be laid down regarding the damage which is eligible under the first paragraph for reimbursement.
For the application of Article 7.14 'damage caused by water nuisance or flooding, in so far as they result from the diversion of a watershed or other measures aimed at increasing the disposal or storage capacity of the water.' water systems.
Section 6.1 of the Spatial Planning Act does not continue to apply, to the extent that an interested party has, or can do, a claim for damages in relation to the injury Article 7.14, first paragraph .
1 If the administrative organ of the Article 7.14 The administrative body may, by decision, take account of the damage resulting from an application taken on the application of that decision.
2 If, by a governing body other than Our Minister, a fee as referred to in Article 7.14 The Minister may, at the request of that administrative organ, be awarded to the public body, in order to take account of the necessary public interest in the public interest of which the public interest is not or is not entirely part of the responsibility of that administrative body. is responsible in whole or in part, the obligation to reimburse, in whole or in part, the costs incurred in the application of Article 7.14 that are the result of that protection of interests.
3 An obligation referred to in paragraph 2 shall not be imposed than after the public interest is fully or partially defended, and other directly concerned have been given the opportunity to express their views on the matter. to put forward.
4 The decision to impose an obligation referred to in paragraph 2 shall be communicated by the State Official Gazette.
1 Damage to an immovable property caused by the removal of groundwater or the infiltration of water pursuant to a water permit shall, to the extent that can be reasonably required, be taken by the holder of the authorisation.
2 To the extent that the damage has not been received, the holder of the authorization shall be required, on request, to make good any damage to any person who has any right to use or enjoy the immovable property.
3 Nevertheless, an owner of the immovable property, if by the nature or extent of the damage the property of that case has become too insignificant for him, may be required to assume ownership of the immovable property in the possession of the property. The claim may be made both in the event of non-acceptance of a sum offered as compensation and upon acceptance thereof.
4 Claims under this Article shall be brought to the knowledge of the court within whose jurisdiction the immovable or most part of the immovable property is situated.
1 He, who on the grounds of Article 7.18, first, second or third paragraphs , may make a claim relating to damage related to a water permit for evading groundwater or infiltrating water as intended in the water. Article 6.4 or 6.5, part b In accordance with a regulation of a watery, a Member State of the province in which the immovable property referred to in Article 7.18 is wholly or in large, may request that an investigation be carried out in full or in large part.
2 Where an immovable property is situated in an area in which the land is affected by more than one withdrawal, and the investigation is not or is not to be established within a reasonable period by which the damage caused by the immovable property is not determined within a reasonable period of time. property is being caused, where the Member States are known to the rightholder in respect of that immovable property, a compensation for the costs of the loss or compensation for that immovable property is attributable to that immovable property. In that case, the rightholder shall be obliged to transfer the rights which he may be able to assert against third parties.
1 In case the court order the claim, Article 7.18, third paragraph The holder of the authorization shall, on grounds of validity, condemn the holder to take over and pay the transfer fee. No appeal shall be open to the judgment other than appeal in cassation. The appeal in cassation must be entered in the registers for the purposes of punishment of inadmissibility within eight days of its establishment. Article 433 of the Code of Civil Procedure .
2 On the determination of the transfer price, the Articles 27, first and second members , 28, first, second and third members , 29 to 35 and 37, first member, of the expropriation law by analogy, that the court may also appoint two experts instead of one or an odd number of experts.
3 The judgment in which the holder of the authorization has been sentenced to take over may be entered in the public records provided for in Section 2 of Title 1 of Book 3 of the Civil Code -After it's gone into force of wisdom. By registration of the judgment, the property shall be the property on the holder of the authorisation.
1 The cost of damage caused to water works in management or maintenance of an administrator, for which owners or users of a vessel are legally liable, shall be estimated by the official designated by the administrator for that purpose; and indicate in a report, which shall be communicated to the skipper in copy if 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 compensation for damage, the public-law body 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.
4 This article does not apply to the cost of locating, marking, and cleaning up a wreck within the meaning of the Combating maritime accident law .
1 The State may, subject to a moderation by the court, cover the costs to be borne by the State for the examination of pollution or damage to the soil or bank of a surface water body and of measures as referred to in Article 3 (2). Article 4.6, second paragraph, point (a) , or Article 5.15, first paragraph , in relation to pollution or damage to the soil or bank of a surface water body which is an obstacle to the attainment of the desired area quality, stories of the person by whose tort that pollution or damage to the case in question and, by way of the case or otherwise, out of contract with any government under civil law, is liable for the consequences of that action.
2 The State may, if the costs referred to in the first member are co-financed by a watership, also meet these costs in accordance with that paragraph.
3 The State may, under the rules governing unjustified enrichment, recover from the State costs incurred as a charge to the State which is thereby unwarranted by such investigation or measures. The second paragraph shall apply mutatis mutandis.
4 The powers referred to in paragraphs 1 and 3 shall be allocated to the watery in cases where the costs referred to in paragraph 1 are to be borne by the State, and in cases where the State does not avail itself of that power, to the extent that such costs are borne by the user.
5 Article 75, fifth paragraph, of the Soil Protection Act shall apply mutatis mutandis.
1 There is a delta fund.
2 The aim of the delta fund is to finance and finance:
a. Measures and provisions to prevent and, where necessary, reduce flooding, water nuisance and water scarcity;
b. measures and arrangements to protect or improve the chemical or ecological quality of water systems;
(c) the collection, processing and dissemination of parts (a) and (b) and the carrying out of parts (a) and (b) of the parts.
1 The division fund is a budget fund as referred to in Article 9, first paragraph, of the Comptability Act 2001 .
2 Our Minister administers the division fund.
1 The revenue of the waste fund shall be as follows:
a. A contribution from the budget of the Ministry of Transport and Water State;
b. contributions to other budgets of the State;
c. contributions from third parties;
d. Other revenue in the context of the achievement of the objectives of the final fund.
2 In favour of the budget of the final fund of any year, the surplus from that fund of the previous year shall be paid.
1 At the expense of the final fund, expenditure shall be incurred in respect of:
a. Construction, improvement, management, maintenance and operation of water works that are, or will be, managed in the Kingdom of the Kingdom for the purpose of preventing and, where necessary, the reduction of flooding and water scarcity;
b. measures and arrangements to protect or improve the chemical or ecological quality of water systems;
(c) the collection, processing and dissemination of parts (a) and (b);
d. Investigate sections a and b.
2 Our Minister may leave grants from the divisor fund for the benefit of:
a. Construction, improvement, management, maintenance and operation of water works that are or will not be managed by the State in order to prevent and, where necessary, reduce flooding and water scarcity;
b. measures and arrangements to protect or improve the chemical or ecological quality of water systems;
c. Investigating parts a and b.
3 Subsidies for the benefit of the final fund are the Articles 2 and 4 to 7 of the Framework Law Grants I and M applicable.
4 Grants referred to in paragraph 2 granted to a budget not yet established shall be granted subject to the condition set out in paragraph 2. Article 4:34, 1st paragraph, of General Law governing law .
5 At the expense of the final fund, expenditure may also be incurred for the purposes of measures and provisions as referred to in Article 4 (2). Article 7.22a, second paragraph, parts a and b , as well as for the collection, dissemination and processing of data and research as referred to in Article 7.22a (c), second paragraph, with respect to parts of river basin districts located outside the territory of the Netherlands Eems, Maas, Rhine and Scheldt.
6 At the same time, expenditure incurred by the Agency shall be borne by the Agency in support of the work of the Commissioner, the cost of housing of the Agency and further related to the performance of the Commissioner's Commissioner's task. expenses.
7 Other expenditure is also borne by the division fund as part of the achievement of the objectives of that fund.
8 chargeable to the budget of any year, the balance of the final year of the preceding year shall be borne by the budget.
1 Our Minister grants on request a grant to the administrator who due to change of the under Article 2.2 , 2.3 or 2.12, fourth paragraph , if the measures in question for the calendar year in which the grant is to be granted are included in an annual programme to be established by Our Minister, the rules should be adopted.
2 The grant referred to in paragraph 1 shall be granted to 90% of the estimated cost of a sober and efficient design of the measures. Detailed rules on the estimate of costs and eligible costs shall be laid down in the case of a ministerial arrangement.
3 The Articles 2 and 4 to 7 of the Framework Law Grants I and M shall apply.
4 In the preparation of the programme referred to in paragraph 1 and the procedure referred to in the second paragraph, the boards of the water shall be heard.
5 In the case of a general measure of management, the measures for which a hundred per cent of the costs of execution are granted by way of derogation from the second paragraph shall be designated. It shall indicate the nature and extent of these measures and indicate the locations and the managers concerned.
1 To combat the costs associated with the provision of grants for measures necessary for the amendment of the Article 2.3 or 2.12, fourth paragraph , laid rules, a watershelf owes an annual contribution to Our Minister.
2 The annual contribution shall be calculated according to the following formula:
B = 0,50 x R1 (I/IT + WG/WGT) + 0,40 x R2 (I/IT + WG/WGT), in which:
B proposes: the contribution to be calculated in euros;
R1 proposes: an amount in euros equal to the amount charged to a budget as referred to in Article 4 (2) of the Treaty; Article 7.22c, first paragraph, point (a) or (b) , for the benefit of the budget of the year in question, shall be added to the final fund for grants for the measures designated under the budget for the year in question. Article 7.23, fifth paragraph , and that, together with R2, does not exceed the ceiling set out in the fourth paragraph;
R2 proposes: an amount in euros equal to the amount to be added to the final fund for the benefit of the budget of the year in question under Article 7.22c (1) (a) or (b). of grants for measures necessary for the change in the amount of Article 2.3 or 2.12, fourth paragraph , rules laid down and not designated pursuant to Article 7.23, fifth paragraph, and which together with R1 are not higher than the limit set out in paragraph 4;
I propose: the number of residents in the area of the watershelf on the date of the reference;
IT proposes: the number of residents in the areas of the waterboards together on the date on the date of the day;
WG proposes: the sum of the property values established on the basis of Chapter IV of the Property Valuation Act in the area of the watery on the date of the reference;
WGT proposes: the sum of the base Chapter IV of the Property Valuation Act established values of the property built in the areas of the waterboards together on the date of the reference.
3 The reference date referred to in paragraph 2 shall be 1 January 2010 for the annual contribution for the calendar years 2011 to 2014 and for each subsequent contiguous period of four calendar years from 1 January of the last calendar year prior to the period in question.
4 The amount in the second paragraph to the sum of R1 and R2 is set at 131 x 10 in 2014 6 Euros and from 2015 181 x 10 6 euro, except that from 2016 the latter amount is indexed annually from the earnings and price level of 2011 according to the Gross Public Investment Index, as applied by Our Minister of Finance in the The spring snota.
For the purpose of establishing the amount of the contribution, Article 7.24 , provides the daily management of a watershelf Our Minister for 1 March of the calendar year following the calendar year in which the poll date falls, the following data:
a. the number of residents in the area of the watery on the poll date; and
b. the sum of the sum of the Chapter IV of the Property Valuation Act established values of the immovable property built in the area of watership on the date of the reference.
1 Our Minister states the obligation to pay the contribution, said in Article 7.24 , each year before 1 May.
2 If the final bill of the budget of the final fund gives rise to this, the obligation to pay shall be changed by our Minister.
3 If the obligation to pay under the second paragraph is changed, no legal interest shall be payable on the amount of money to be paid or returned.
4 Cash sums due under the first or second members may be recovered by Our Minister in the case of a warrant.
5 Our Minister may pay back one of the water funds to convert with one of the same water under the first or second member to pay for a different calendar year.
1 The task of the administrator is:
(a) to ensure the enforcement of administrative enforcement of the aid to be carried out by or under the Chapter 5 and 6 or under Article 10.1 certain, in so far as it relates to the water systems which it manages and the conservation areas which are associated with it, and of the protection zones involved, and Title 12.3 of the Environmental Protection Act certain placing substances in a surface water body;
(b) collect and record information which is important for the purpose of carrying out the tasks referred to in subparagraph (a);
c. to deal with complaints relating to compliance with the rules referred to in subparagraph (a).
2. States shall, for the purposes of application of paragraph 1, be treated as Member States in respect of transactions referred to in Article 2 (2). Article 6.4 .
By way of derogation from Article 8.1, first paragraph , the duties referred to therein shall, in respect of:
a. An authorisation subject to which: Article 6.17, first or second paragraph , applies to the administrative board which decides on the application for authorisation,
b. an operation for which, pursuant to Article 6.7 a reporting, measurement, registration or expenditure obligation shall apply to the administrative body designated under that Article.
1 With the verification of compliance with the application or under the Chapter 5 and 6 or under Article 10.1 certain of them are responsible for the officials appointed by the decision of Our Minister. If the appointing authority is responsible for a Ministry other than that of our Minister, the relevant decision shall be taken in accordance with our Minister for whom it is to take effect.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
3 Our Minister may lay down rules governing the performance of the task referred to in paragraph 1. For officials designated under paragraph 1 which are under a Ministry other than that of our Minister, such rules shall be laid down in accordance with our Minister concerned.
4 With the monitoring of compliance with the case of or under the Chapter 5 and 6 or under Article 10.1 The officials appointed by a decision of the administrator, other than our Minister, or any other governing body responsible for the implementation of this law, shall also be responsible within their area of office.
1 On the grounds of Chapter 6 The competent authority may withdraw a water permit, in whole or in part, if:
a. either in violation of the permit or associated regulations, or the legal provisions in force with respect to the licensed act are not complied with;
(b) the information given in order to obtain the authorisation appears to be incorrect or incomplete, that the application for authorization would have been subject to a different decision if the correct data were to be considered in the assessment of the licence. has been.
2 In a case referred to in paragraph 1 (a), the competent authority shall not withdraw from revocation beyond the time that the permit holder has made a reasonable period of time to bring its action into conformity with the licence and the authorisation holder. the rules which are linked to it, subject to compliance with the legal provisions in force.
Our Minister is empowered to apply administrative coercion to enforce it by or pursuant to this Act in cases where it is responsible for the enforcement of administrative enforcement of that law.
With regard to the quality of the implementation and enforcement of the at or under the Chapter 5 and 6 or under Article 10.1 Some are the Articles 5.7 and 5.8 of the Act General Provisions Environmental Law applicable.
The Governing Body to which the care for administrative enforcement of the event or under the Chapter 5 and 6 or under Article 10.1 have been assigned, is empowered to enforce administrative coercion to enforce Article 5:20, 1st paragraph, of the General Law governing the administrative law , in so far as it concerns the obligation to cooperate in the implementation of the Article 8.3 designated officials.
The officials of the tax authority, responsible for customs, do not authorise the departure of a vessel or aircraft from the Netherlands if they have serious grounds for suspecting that they are in breach of any of the Article 6.3 It is or will be prohibited as defined.
1 Without prejudice to the right of other States to prosecute in accordance with the UN Convention on the Law of the Sea, the Dutch criminal law shall apply to any person guilty of infringement of the exclusive economic zone in or above the exclusive economic zone of the Netherlands. the rules laid down in or pursuant to this Act.
2 In the search and prosecution of criminal offences referred to in paragraph 1, Section 7 of Part XII of the UN Convention on the Law of the Sea shall be complied with.
Our Minister and the regulators take part in the application of Article 8.5 As regards the exercise of the supervision of compliance with the provisions of Section 7 of Part XII of the UN Convention on the Law of the Sea Convention, or under this Act, in eight.
Rules governing the implementation of international obligations relating to water management and for the proper implementation of this Act may be subject to or under a general measure of management to the rules governing the implementation of the provisions of the Act. such legislation.
An amendment to the Water Framework Directive or from any other Directive of one or more European Union institutions under this Act shall apply solely or jointly to the application of this Act as from the day on which the legislation of the The draft amending Directive must have been implemented unless a ministerial decision, published in the Official Gazette, provides for a different point of time.
1 Our Minister shall, within five years of the full entry into force of this Law, send to the States-General a report on the effectiveness and effects of this law.
2 Without prejudice to the first paragraph, Our Minister shall forward to the States-General before 1 January 2019 a report on the effectiveness and effects of Article 2.3, second paragraph , 2.12 , 3.9 and 7.23 to 7.26 .
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Water law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 29 January 2009
Beatrix
The Secretary of State for Transport and Water,
J. C. Huizinga-Heringa
Issued the 12th of March 2009The Minister of Justice,
E. M. H. Hirsch Ballin
Thigh circle number:
Average probability of overwriting per year:
Thigh circle number:
Average probability of overwriting per year:
Thigh circle number:
Average probability of overwriting per year:
| 1. |
1/2000 |
18. |
1/10000 |
36. |
1/1250 |
| 2. |
1/2000 |
19. |
1/10000 |
36 a. |
1/1250 |
| 3. |
1/2000 |
20. |
1/4000 |
37. |
1/1250 |
| 4. |
1/2000 |
21. |
1/2000 |
38. |
1/1250 |
| 5. |
1/4000 |
22. |
1/2000 |
39. |
1/1250 |
| 6. |
1/4000 |
23. |
1/2000 |
40. |
1/500 |
| 7. |
1/4000 |
24. |
1/2000 |
41. |
1/1250 |
| 8. |
1/4000 |
25. |
1/4000 |
42. |
1/1250 |
| 9. |
1/1250 |
26. |
1/4000 |
43. |
1/1250 |
| 10. |
1/2000 |
27. |
1/4000 |
44. |
1/1250 |
| 11. |
1/2000 |
28. |
1/4000 |
45. |
1/1250 |
| 12. |
1/4000 |
29. |
1/4000 |
46. |
1/1250 |
| 13. |
1/10000 |
30. |
1/4000 |
47. |
1/1250 |
| 13a. |
1/4000 |
31. |
1/4000 |
48. |
1/1250 |
| 13b. |
1/1250 |
32. |
1/4000 |
49. |
1/1250 |
| 14. |
1/10000 |
33. |
1/4000 |
50. |
1/1250 |
| 15. |
1/2000 |
34. |
1/2000 |
51. |
1/1250 |
| 16. |
1/2000 |
34a. |
1/2000 |
52. |
1/1250 |
| 17. |
1/4000 |
35. |
1/2000 |
53. |
1/1250 |
Thigh circle number:
Average probability of overwriting per year:
Thigh circle number:
Average probability of overwriting per year:
Thigh circle number:
Average probability of overwriting per year:
| 54. |
1/250 |
68. |
1/250 |
82. |
1/250 |
| 55. |
1/250 |
69. |
1/250 |
83. |
1/250 |
| 56. |
1/250 |
70. |
1/250 |
84. |
1/250 |
| 57. |
1/250 |
71. |
1/250 |
85. |
1/250 |
| 58. |
1/250 |
72. |
1/250 |
86. |
1/250 |
| 59. |
1/250 |
73. |
1/250 |
87. |
1/250 |
| 60. |
1/250 |
74. |
1/250 |
88. |
1/250 |
| 61. |
1/250 |
75. |
1/250 |
89. |
1/250 |
| 62. |
1/250 |
76. |
1/250 |
90. |
1/250 |
| 63. |
1/250 |
77. |
1/250 |
91. |
1/250 |
| 64. |
1/250 |
78. |
1/250 |
92. |
1/250 |
| 65. |
1/250 |
79. |
1/250 |
93. |
1/250 |
| 66. |
1/250 |
80. |
1/250 |
94. |
1/250 |
| 67. |
1/250 |
81. |
1/250 |
95. |
1/250 |
