Key Benefits:
Law of 14 November laying down provisions on water state works in management at the Reich (Wet Administration rijkswaterStatWorks)
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 considered that the need for legal means of protecting water resources in the State of the State and for ensuring the efficient and safe use of those works, as well as the insights on what is needed to protect the state of water resources, is by law, as amended, it is desirable to lay down a new legislation to that effect;
For instance, we, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as saying:
For the purposes of this law and the provisions based thereon, water works shall be understood as follows: roads in the State in which they are managed and, to the extent that they are managed by the State, the works of art which are situated therein and which, by their very nature, are of the nature to that end.
1 It is forbidden without a permit from our Minister of Transport and Water State to make use of a waterstate work by other than to which it is intended:
a. to create, or to maintain, or to maintain, under it;
(b) to place, place, place, or lay down any solids or objects therein, including, or leaving, solids or objects on them.
2 A permit may be granted under restrictions. A licence may be subject to rules.
3 The first paragraph does not apply to the use of water state works by or because of our Minister of Transport and Water State in the context of the construction, modification, improvement or the management of those waterworks or the control of traffic -about the water state works.
1 Refusal, modification or revocation of a licence, and application of the authorisation Article 2, second paragraph , and 6 shall only be carried out in order to protect the works of water and to ensure the efficient and safe use of those works, including the importance of any extension or modification of such works.
2 The acts referred to in paragraph 1 may be designed to protect the interests of water-based works of a kind other than water-owned, but only to the extent that it is not provided for by, or pursuant to, another law. Provisions adopted.
The applicant may, according to rules to be laid down by a general measure of administration, be charged with rights for the consideration of applications for authorisation or modification of a licence.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister of Transport and Water State shall be responsible. The supervisory authority does not have the powers specified in the Articles 5:18 and 5:19 of the General Administrative Law Act .
2 With the detection of the Article 11 are punishable offences, without prejudice to: Article 141 of the Code of Criminal Procedure The officials appointed by the decision of Our Ministers of Transport and of the State and of the Court of Justice. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to: 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.
3 Of a decision referred to in the first or second paragraph shall be communicated by placing in the Official Gazette .
1 Our Minister of Transport and Water State may prohibit or restrict access to a state of water work in whole or in part by a notice to that effect, posted to the waterState work in question, or on any other suitable service. way.
2 The first paragraph shall not apply to public traffic use.
Our Minister of Transport and Water State is empowered to impose a charge under administrative constraints in order to maintain the obligations imposed by or under this law.
1 The cost of damage caused to water works, for which owners or users of vessels are legally responsible, shall be borne by the Article 5, first paragraph Designated official estimated and stated 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; prevent the journey, the taking of the journey, or the catching up of a new journey.
3 Without prejudice to the right to full compensation of the damage, the State 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.
An authorization pursuant to one or more of the Regulations adopted pursuant to the Law of 28 February 1891 laying down provisions relating to the State of Water Works ( Stb. 69), as well as a licence under the Rivierenwet Act, is deemed to be an authorisation under this Law. The same is true with regard to an exemption granted under the Traffic Act against light-building.
1 Infringement of the provisions of, or under the conditions of, the Articles 2 and 6 of this law shall be punished by a fine of the second category.
2 The offences referred to in the first paragraph are offences.
For the purposes of this Chapter:
Traffic safety impact assessment: A strategic comparative assessment of the impact of a new road or a major change of the existing road network on the road safety level of the road network;
Road safety audit: an independent, detailed, systematic and technical traffic safety check of the design features of an infrastructure project, at all stages of the project, from planning to first use;
Traffic safety inspection: a regular periodic assessment of the characteristics and defects of roads, in respect of which maintenance work is required for road safety purposes;
Infrastructure project: a project for the construction of new road infrastructure or for the major change of the existing road network with consequences for the amount of traffic flow;
Road manager: manager of a road as referred to in Article 11b, first paragraph .
1 This chapter applies to roads forming part of the network of road networks to be referred to in a ministerial arrangement as referred to in Directive No 3. 2008 /96/EC of the European Parliament and of the Council of the European Union of 19 November 2008 on the management of road infrastructure road safety (PbEU L 319), which are in operation in the State of the State or which, by derogation from Article 1 , being in management with someone other than the Empire.
2 By way of derogation from the first paragraph, this Chapter shall not apply to:
a. Tunnels as referred to in Directive No 2004 /54/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on the minimum safety requirements for tunnels in the trans-European road network (PbEG L 167/39);
b. Projects as referred to in Article 2 of the Act on the broadening of the law and the Annex to the Tracé Act , and
(c) projects for which, by 19 December 2010, a starting decision as referred to in Article 2 of the Tracé Act has been established.
1 The road manager shall enter into a phase of preparation of an infrastructure project to be indicated by ministerial arrangement:
a. A traffic safety impact assessment from, and
b. Out traffic safety audits, the findings of which shall be recorded in a report.
2 In the case of a ministerial arrangement, detailed rules on the content of a road safety impact assessment or safety audit may be laid down, which may include in any case:
a. The elements which are intended to be addressed;
b. the contents of a report of a road safety audit; and
c. proficiency of persons carrying out a road safety audit, accreditation of institutions for issuing certificates of competence to those persons, and recognition of certificates issued before 19 December 2010 or in other countries.
1 The road manager shall assess at least every three years the classification of road sections with a high number of accidents and road safety in the context of the assessments of the operation of the road network.
2 The rules of procedure shall be subject to detailed rules, which may include in each case:
a. criteria for which to be assessed;
b. the means of inspecting those sections; and
c. method of weighing up to improvement measures.
The road manager shall perform traffic safety inspections on road-related traffic in order to identify the safety features of the roads and to prevent accidents, by means of a ministerial arrangement.
The Law of 28 February 1891, on the adoption of provisions relating to the State of Water Works ( Stb. 69), is hereby repealed.
The Traffic Law against ribbon conversion is repealed.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law management state waterworks.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 14 November 1996
Beatrix
The Minister of Transport and Water,
A. Jorritsma-Lebbink
Published 23rd December 1996The Minister of Justice,
W. Sorgdrager
