Law of 11 March 1972, declaration of the general utility of land, hereditary service and other commercial rights for the establishment of a tubing street from Pernis along Klundert to the Scheldt near the Dutch-Belgian border
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that the establishment of a street from Pernis along Klundert to the Scheldt near the Dutch-Belgian border is in the public interest, that is to say the Expropriation law is to be applied and that some other legal provisions are desirable;
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:
The general utility requires the land of parcels, hereditary services and other business rights to be used for the establishment of a street in the street from Pernis along Klundert to the Scheldt near the Netherlands-Belgium. The Netherlands-Belgium- border, one and other in the municipalities of Rotterdam, Poortugaal, Rhoon, Heinenoord, Mysheerenland, Westmaas, Klaaswaal, Numansdorp, Strows, Klundert, Zevenbergen, Standoutside, Old and New Gastel, Roosendaal and Nispen, Wouw, Bergen op Zoom and Wednesdrecht, as indicated in the case of the card with a grey strip in the case of this Act.
The claim for the impropriation of what has not been obtained must be brought within two years from the date of the day of the day of the day of the proceedings. Official Gazette in which our decision, intended in Article 14 of the expropriation law It has been made public. This term we can, at one in the Official Gazette decision to be taken, for a period not exceeding two years.
1 Our Minister for Transport and Water State is authorized, in agreement with Our Ministers of Finance, of Economic Affairs and of Agriculture and Fisheries, to the co-creation of a legal person governed by private law, in this law To refer to the management body, the purpose of which is to create, establish, maintain and manage the pipe-leitment-street.
2 The articles of association of the legal person referred to in paragraph 1 provide for the establishment of an advisory committee, in which the boards of municipalities and waterboards, in whose territory the management body is employed, are represented. For the appointment of the members of this Advisory Committee, a binding proposal is made by the joint boards of those municipalities on the basis of these waterboards.
3 By us, on the joint nomination of Our Ministers of Transport and of Finance and of Finance, Water State Works in Management and Maintenance will be transferred to the Ministry as referred to in paragraph 1. control body.
The management body shall be liable for compensation for damage caused to persons or cases, other than the tube or pipe lines situated in the tube or pipe fittings, or the substances in which it is located, by the burning, the ignition or escape of any material contained in one or more of the pipes or devices in that street, on the grounds that it has caused such damage.
2 The compensation obligation referred to in the preceding paragraph shall not exist where the injurious fact has been caused by a natural disaster of an exceptional nature, or by acts of war, hostilities, armed clashes or acts of sabotage.
3 Where the damage is due to the intent or gross misconduct of the injured party, the compensation obligation shall, in whole or in part, be extingued against him.
4 For the damage, except in the case of intent or gross misconduct, the owner or user of the substances transported by a pipe pipe which caused the damage, the user of a pipe pipe, the subordinates of the vessel, are not liable. Administrative bodies, or other non-subordinate contractors, carrying out work in the performance of their duties.
5 The action for damages shall be subject to a limitation period of three years from the beginning of the day following that on which the injured party has become known and, in any event, after 10 years from the day on which the damage caused by the damage is caused took place.
6 The management body is required to cover and maintain insurance or other financial security in order to cover its liability in accordance with the rules laid down in or pursuant to this Act. Our Minister for Transport and Water State is empowered to prohibit all or part of the transport by using tube lines in the street, when this requirement is not fulfilled.
7 The insurer or other persons who have lodged financial security may not suspend or terminate them than they have given notice to the management body at least two months in advance of that provision. Any act contrary to that provision shall be automatically void.
8 In the case of a general measure of management, detailed arrangements may be made with regard to insurance or other financial security and may be fixed above which the insurance obligation does not extend, if it does not exceed the limit of the insurance obligations. restriction would not be reasonably achievable.
The committee referred to in Article 10 of the expropriation law , shall indicate in the minutes of its proceedings, whether and if so, what efforts have been made to ensure that the land is definitively applicable to the parcels in the case of the charting pattern, and whether the possibility has been examined with regard to the possibility of using the the application of Articles 4 to 8 of the Ruilverkavelingswet, 1954, to use the parcels on either side of the tube street in such a way as to continue to meet reasonable agricultural requirements, and whether the agricultural land is to be used in accordance with the conditions laid down in Article 4 (2) of the Regulation. tube-led plots are located such that they have a way out on a paved public And, if possible, they would also have the opportunity to have proper drainage. In the light of the above, the results of the injury reduction measures are also mentioned.
1 The management body shall, after the establishment of the 'tubing ducts', forward a plan, accompanying roads, watercourses and watercourses, together with the works of art belonging to it, together with the works for the execution of the works in which it is carried out. authorisations and contracts concluded to the relevant Colleges of the Member States concerned, accompanied by an opinion on the allocation of ownership, management and maintenance of the conditions to be met, in so far as it is necessary to arrange for such arrangements.
2 For their province, the Member States deputed for the plan of roads and watercourses as a whole or in part thereof. They shall send a copy of their decision with the relevant cards to the public authorities concerned and to the management body.
3 Roads with works of art which were previously open to public traffic and which are not included in the plan of roads and watercourses shall be derogated from the provisions of the Directive. Articles 8 and 9 of the Wegenwet Act by the mere fact that the non-inclusion has been removed from public traffic. Roads with the related works of art included in the plan of roads and watercourses but previously not open to public traffic will be subject to derogation from the provisions of the Articles 4 and 5 of the Wegenwet Act by the single fact of the inclusion given the destination of public roads.
4 The Member States shall designate the property of the roads and waterways included in the plan of roads and watercourses with the works of art and the management and maintenance of the roads included in the plan for the purposes of their assessment. eligible public bodies.
5 The Member States deputed for the management and maintenance of the watercourses and watercourses included in the plan with the works of art belonging to it.
1 By way of derogation from the provisions of Article 6 (4) Member States may assign ownership, management and maintenance to a legal person, other than a public entity, to the extent that they had the ownership, management and maintenance in force of this Act.
2 Before decisions are taken, the Member States shall hear the Fourth paragraph of Article 6 the bodies referred to in paragraph 1 and the legal persons referred to in paragraph 1.
3 The property, management and maintenance cannot be allocated to the Empire or removed from the State other than under the approval of Our Minister concerned.
4 Deputised countries shall send a copy of their decision to the public authorities concerned, to the management body and to the bank for the transfer of public records to the mortgage depositary, who shall enter into it.
5 Within one month of notification, the public bodies referred to in the fourth paragraph shall be open to us.
6 Our Minister of Agriculture and Fisheries sends a copy of our decision to the management body and to the public registers to the mortgage depositary, who is in the business of it.
7 In so far as the public body had previously not been entrusted with the management and maintenance of roads, watercourses and watercourses with the related works of art, derogation from the provisions of the Articles 1 and 2 of the Water State Act 1990 and the Article 18 A , 19 and 20 of the Wegenwet Act the management and maintenance of the single fact of designation in management and maintenance.
8 Roads, watercourses and water conversions with associated works of art, which are included in the plan of roads and watercourses, will be introduced from the date of entry into the Second paragraph of Article 6 shall be considered as belonging to the province for the purposes of ownership, management and maintenance, as long as the Member States have not yet decided on the ownership, management and maintenance of the province.
1 After receiving advice from the management body, our Minister concerned may, at the request of the local authority or for the execution of a work of general benefit, at the request of the public, for the purpose of implementing a zoning plan. The body which wishes to carry out the work or for the purpose of a work to be carried out by the State, holders of tube pipes established prior to the entry into force of this Law in accordance with the right-holders or by virtue of a decision as referred to in Article 2 of the Impeded Private Law Act , subject to their right to compensation, to transfer their pipe pipe to the Article 1 Intended tube street.
2 The obligation to pay compensation rests on the public body, the management of which has made the request as referred to in the first member or on the Empire, if the obligation to forgo is imposed for the benefit of a by the Empire perform work.
This Act shall enter into force from the day following the date of issuance of the State Sheet , where the law is placed.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Lech, 11 March 1972
The Minister of Transport and Water,
The Minister for Housing and Spatial Planning,
The Minister of Justice,
The Minister for Agriculture and Fisheries,
P. J. LARDINOIS.
The Secretary of State for Finance,
-FROM THE STEE.Published on 4 April 1972.
The Minister of Justice,