Key Benefits:
Law of 8 June 2005 amending the Land Planning Act (limitation period and charges for claims for damages, and plan compensation agreements)
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 would be desirable to take urgent action in the future. Law On Spatial Planning provide for the administrative body concerned to conclude agreements on the compensation for damage to plants, to apply limitation periods for claims of compensation and to provide for the levying of a right to apply to the competent authority; the processing of an application for compensation for damage;
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 Article 49 of the Spatial Planning Act As it was before the date of entry into force of this Act, applications for compensation for damage lodged before that date shall continue to apply.
2 An application for compensation of damages as referred to in Article 49, first paragraph, points a, b, c or f In so far as the relevant provision of the zoning plan has been irrevocably made by the relevant decision for the entry into force of this Act, it must be submitted within five years from that date.
3 An application for compensation of damages as referred to in Article 49, first paragraph, point (d) or (e) In so far as the allocation plan for which the arrest has taken place, the part of the zoning plan for which the designation is intended must be determined before the date of entry into force of that provision. Law has become irrevocable within five years of the date of the submission of the law.
This Act shall enter into force from the first day of the third calendar month following the date of issue of the Official Journal in which it is placed, with the exception of: Article I, Section B , which is subject to Article 16 of the Temporary Referendum Act shall enter into force from the day following the date specified for this purpose.
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.
Given at The Hague, 8 June 2005
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
S. M. Dekker
Published on the 21st of June 2005The Minister of Justice,
J. P. H. Donner
