Law of 7 February 2008, laying down rules on the exchange of information on underground networks (Law on the exchange of information on underground networks)
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 the view that it is desirable to provide for a better exchange of information on the location of nets, for the purpose of careful digging in the subsoil;
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 shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister for Economic Affairs;
b. Service: the Land Registry and Public Registries, intended to be used in Article 2 of the Cadaaster Organisational Law ;
(c) excavation: the mechanical performance of work in the subsoil;
d. excavation site: the location where excavation work is carried out;
e. net of: an underground cable or pipe, including empty tubes, underground support works and protective works, intended for the transport of solid, liquid or gaseous substances, of energy or of information;
f. contraaing authority: the person who orders the execution of a work in which excavation work is carried out;
g. Ground agitator: the person under whose responsibility or lead excavation is to be performed;
h. Manager: the person acting as a natural person in the exercise of an occupation, or managing a business or as a legal person,
j. management polygon: the display by an administrator of a contiguous area, within which he manages one or more nets;
k. orientation request: the request to the Service for Area Information, for the purpose of Article 7, first second paragraph ;
l. Orientative polygon: the display by a principal, lanterer or administrative organ of an affiliated region, in respect of which it is for the purposes of an interest as intended; Article 7, first or second paragraph , requesting area information;
Excavation: the notification to the Service of intended excavation, intended to be carried out in the Article 8, first paragraph ;
n. excavated polygon: the display by a ground agitator of the area, within which the excavation site is located;
o. excavation message: the message of the Service, meant in Article 9 (b) ;
Data relating to the location of a network within the orientations polygoon or to the excavation of polygamous;
q. Just with dangerous content: a pipe pipe that belongs to a under Article 12.12, second paragraph, of the Environmental Protection Act designated category;
r. area information means the body of information provided by managers, as a result of Article 10, first paragraph , provided to the Service on the orientated polygon polygoon or excavated polygon.
2 Under the system referred to in paragraph 1 (e), the parts of cables or pipes connected with other cables or conduits, which are connected to his/her type for the connection of households, are not included in any of the other cables or pipes is opened, and one immovable property as referred to in Article 16, subparagraphs (a) to (e) of the Property Valuation Act .
1 The contraaing authority shall ensure that the excavations to which he/she commands can be carried out in a careful manner.
2 The rudder carries out the excavation work in a careful manner.
3 In implementation of the second paragraph, the ground-rotation system shall at least:
a. An excavation was made prior to the start of the excavation,
(b) research has been carried out on the exact location of parts of nets in the excavation site; and
c. The area information received from the site at the excavation site is present.
1 The construction, conservation and extension of networks are carried out by an administrator in such a way as to ensure that the management of other networks is not put at risk or is made more difficult without need.
2 The administrator who acts in breach of the first paragraph shall take action at its own expense on the relevant part of the network, including the shifting thereof, in order to put an end to the conflict without delay.
An electronic information system is used to exchange information between administrators, on the one hand, and the principals, ground agitators and administrative bodies on the other.
1 The Office shall be responsible for the management of the electronic information system.
2 The Service shall, on request through the electronic information system, supply area information:
a. principals and ground agitators for the preparation of excavation work and the careful conduct of excavation;
b. Governing bodies to the extent that such area information is necessary for the performance of their tasks.
1 For the purpose of the exchange of information on underground networks, the Service shall register the management polygons.
2 The person who
a. It is a network which does not lie within a management polygon registered by the Service in its name; or
b. will no longer manage a network located within a management polygon registered by the Service on its behalf or part of it,
shall indicate that at least twenty working days before the start of the change in the management of the relevant network by the Office, including the modified polygon as required.
1 A principal or a ground agitator may request the Service to prepare for the preparation of excavation works.
2 A governing body may request the Service of Area Information to the extent that such information is necessary for the performance of the task assigned to it.
3 In the course of the application for guidance, the contractor, the land-roerator or the governing body shall specify a guidance polygon.
1 A representative shall inform the Office of its intention to carry out any excavations to the Office no more than 20 working days prior to the commencement of the excavation.
2 In the excavation, the ground stirrer gives an excavated polygoone.
3 The first paragraph shall not apply if the excavation has, at most, a depth to be determined by general management and will be carried out under the ownership or management of the land-roerator, and he knows that since the prior excavation has not changed the location of the nets in this ground.
This part has not (yet) entered into force; see the summary of changes
Upon receipt of an orientation request or excavation report:
a. The Service shall, without delay, provide a receipt to the person who made the orientation request or the digging-out;
b. notify the Orientation Polygon or CountU Polygon of all the managers whose administration polygoon is wholly or partially merged with this orientation polygon, without delay, and notify the Service thereof.
1 Without Delay but no later than within one working day following the dispatch of an excavation, an administrator shall, by means of the electronic information system, provide the following information to the Service:
a. The ligation data,
b. The relevant properties of its network within the respective orientationpolygoon or excavated polygon,
c. Where applicable, what precautions as specified in Article 13, first or second paragraph , will be affected, and
d. His contact details.
2 If an administrator exceeds the deadline specified in paragraph 1, the Service shall inform Our Minister without delay.
1 The Service shall provide area information through the electronic information system without delay upon receipt of all information as referred to in Article 10 , but no later than two working days after the date of dispatch of the excavation, to the person who made the request for guidance or the digging-out.
(2) If the person who made the orientation request or the digger does not use the electronic information system, the Service shall provide the Information Service without delay upon receipt of all the necessary information, but no later than three working days following the dispatch of the excavation message.
3 Where the Service does not, within the period referred to in paragraph 1, apply to all managers Article 10, first paragraph , has received the necessary information, the Service shall inform it of the provision of the area information.
Our Minister can for the situation that excavations related to excavation work as intended in Article 8, third paragraph -be made jointly by means of an organization to be notified by our Minister to grant an exemption from the obligations relating to the time limits laid down in the first paragraph of Article 8 thereof, 9 , 10, 1st Member , and 11, 1st Member . The exemption may be granted under restrictions.
1 The manager of a network of dangerous content shall take precautions before any groundwork excavation is carried out in its surroundings. These precautions shall, in any event, concern the location of the exact location of the network by the administrator.
2 The manager of a net with a large value may take precautions before a groundrolling excavation is carried out in its surroundings.
3 If the administrator has indicated that he is taking precautions, the ground agitator does not catch the digging operations than after the administrator has taken these precautions.
4 The administrator shall take the necessary precautions within three working days of the person making contact with him, unless he makes other arrangements in consultation with the more fundamental.
5 If an administrator has taken precautions, the ground agitator shall also take the necessary precautions. He shall record them in writing and shall inform the administrator concerned before the excavation begins.
Our Minister for Security and Justice may be in order to prevent a terrorist offence as intended Article 83 of the Code of Criminal Law or, in advance, to limit the effects thereof to the Office giving all the necessary indications as to the information exchange.
1 The administrator shall report to the Service in January each year the number of claims resulting from excavation work in the previous calendar year.
2 The administration of the Service takes up an overview of the number of damage cases in the annual report referred to in Article 25 of the Cadaaster Organisational Law .
The ground agitator shall notify the manager of the damaged network without delay, as a result of the excavation of the excavation.
1 If the location of a net deviates from the ligation data provided to the ground-roer, the ground-rotator shall inform the Service thereof without delay.
2 Of the notification referred to in paragraph 1, the Service shall forthwith communicate to the administrator concerned.
Within 30 working days of receipt of the notice referred to in paragraph 2, the administrator shall take the necessary measures as a result of the notification referred to in paragraph 1.
1 If the ground-rotator finds a net which is not specified in the ligation data provided by the Service or where it is not clear who the administrator is, the ground stirrer shall immediately inform the Service thereof.
2 The message service shall immediately inform all managers whose management polygoon is wholly or partly coincides with the excavation of polygon and the managers to be determined by ministerial arrangement that a network has been found which has not been given any ligating data as intended in Article 10 .
3 If there is an administrator of the network, it shall report to the Service without delay.
4 If the Service does not receive a notification as referred to in paragraph 3 within 10 working days of the entry referred to in paragraph 2:
a. The Office shall pass on the information in respect of that network to the municipality in whose territory the network is situated;
b. The Service records the global location of the data as regards that grid as polygoon.
For the purposes of applying Article 9 the municipality, referred to in the fourth paragraph, shall be assimilated to an administrator.
On a municipality that has received data by application of Article 18 (4) , are the Articles 10 and 17, second paragraph , mutatis mutandis, except that the municipality provides the information concerned with regard to that network, including any corrections made pursuant to Article 3 (2) of the EC Treaty. Article 17, second paragraph .
The Service shall keep during a period to be determined by a general management measure, data on the implementation of the Article 6, second paragraph , 7 , 8, first and second members , 9 , 10 , 11 , 12, part b , 15, 1st Member , 17, first and second members , 18 , 45, 1st Member , 46, fourth member , and 47 , except for the data referred to in Article 10, first paragraph, parts a, b and c .
1 In the case of, or under general management, detailed rules shall be laid down on:
a. Information on the basis of Article 10 shall be provided, where different rules may be set for different categories of netting, and the manner in which such information is provided;
b. access to and connection to the information system;
c. Administrative polygons, orientationpolygones and excavatorygones.
2 In the case of, or under general management, detailed rules may be laid down on the situation which, by reason of the urgency of the situation, cannot be addressed Article 2, first and third paragraphs , can be either satisfied or the Chapter 4 procedure described may be followed, where necessary from that Article (i) the provisions of that chapter may be deviated.
3 In the case of, or under a general measure of management, detailed rules may be laid down on:
a. Careful conduct of excavation work, intended to be carried out in accordance with Article 2, second paragraph ;
b. Registration notices, orientation requests and digging reports;
(c) the precautionary measures and their compliance with the provisions of Article 13, first, second and fifth paragraphs ;
d. The acknowledgement of receipt specified in Article 9 (a) And the excavator.
4 By ministerial arrangement rules may be laid down on:
1 In the case of, or under general management, detailed rules on the area information on the basis of Article 11 provides different rules for different categories of excavation, and the way in which that area information is provided.
2 Rules governing the Administration of the Service shall lay down rules on the manner in which the registration of managers, as referred to in Article 1 (2), Article 6, first paragraph It's taking place.
3 Rules governing the administration of the Service may lay down the rules governing the time during which guidance applications and excavations may be made.
In the case of a general measure of management, the
(a) designated areas for which a derogation from the rules may be made for safety reasons on or under the conditions laid down in Chapter 4 ;
b. rules on the exchange of information in the areas referred to in point (a).
1 With the verification of compliance with or under the conditions of Articles 2 , 6, second paragraph , 8 , 10, 1st Member , 13, first, third, fourth and fifth member , 15, 1st Member , 16 , 17, first and third members , 18, first and third members , 21, first and second paragraphs, third paragraph (a), (b) and (c), fourth paragraph (a) and (b) , 22, 1st Member , 23 , 45 , 46, second, third and fourth members , 48 and 49, first member The officials appointed by the decision of Our Minister shall be responsible.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
Our Minister is empowered to impose a burden under administrative coercion in order to enforce the obligations imposed by or under the Articles 2 , 6, second paragraph , 10, 1st Member , 13, first, third, fourth and fifth member , and 15, 1st Member , 21, first, second and third members, points (a) and (c) , 23 , 45 , 46, second, third and fourth members and 49, first member , or Article 5:20 of the General Administrative Law .
2 In cases of infringement of the provisions of or of the Article 6, second paragraph , 8 , 10, 1st Member , 13, first, fourth and fifth members , 15, 1st Member , 16 , 17, first and third members , 18, first and third members , 21, first and second paragraphs, third paragraph (a), (b) and (c), fourth paragraph (a) and (b) , 22, 1st Member , 23 , 45 , 46, second, third and fourth members , 48 and 49, first member , or Article 5:20 of the General Administrative Law Our Minister may impose an administrative fine of up to € 100 000.
This part has not (yet) entered into force; see the summary of changes
This Act is without prejudice to the fact that the Council may, in the interests of public policy and public security, lay down rules on the provision of excavations, including the bonding of excavations to the holding of a permit.
Within three months of the entry into force of Article 6, first paragraph , an administrator gives his administration polygon, or administration polygons to the Service.
1 Until the date of entry into force of Article 5, first paragraph , the Office shall be responsible for the exchange of information on underground networks.
2 Until the date of entry into force of Article 5, first paragraph , by way of derogation from the administrator Article 10, first paragraph , the information referred to in Article 10 , to the one who made the orientation request or the excavation.
3 By way of derogation from the Articles 10 , and 12, part b , up to the date of entry into force of the Article 5, first paragraph , rules on the supply of information by managers are set at or under general rule of management. These rules may relate to:
a. what information is provided;
b. to whom the information is provided;
c. the manner in which the information is provided;
d. the time limits within which this information is provided.
4 By way of derogation from Article 15 for four years from the entry into force of this Article in January and July, the managers shall report the number of claims resulting from excavation in the previous six months.
By way of derogation from Article 11, first and second paragraphs , up to the date of entry into force of the Article 5, first paragraph , under ministerial rules, rules are laid down on the supply of information by the Service to the person, who has made an orientation request or an excavation. These rules may relate to:
a. what information is provided;
b. the manner in which the information is provided;
(c) the time limits within which this information is provided.
1 By way of derogation from Article 17, first paragraph , does a ground agitator until the moment of entry into force of Article 5, first paragraph , the notification referred to in Article 17, first paragraph , in the case of an administrator, if he is required Article 46, second paragraph , obtained directly from the administrator. In that case, Article 17, second paragraph , not applicable.
2 Under ministerial arrangements, rules shall be laid down as to how a notification referred to in paragraph 1 is to be made.
1 In the case of a general measure of administration, with a view to the effective adoption of this Act, up to 3 years after the date of entry into force of the Article 4 rules.
2 To 5 years after the entry into force of this law, the Minister may, by way of arrangement for the categories of managers or categories of parts of nets, exempt from the obligations of Article 6, second paragraph , 10, 1st Member , 18, 1st Member , 45 and 46 .
Within five years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice.
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: Law for information exchange underground networks.
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.
' s-Gravenhage, 7 February 2008
The Minister for Economic Affairs,
M. J. A. van der Hoeven
The Minister for Housing, Spatial Planning and the Environment,
J. M. CramerIssued the 22nd of April 2008
The Minister of Justice,
E. M. H. Hirsch Ballin