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Decision of 19 March 2007 concerning the designation of categories of restricted acts to which the Law on public law restrictions on immovable property applies (Designation Decree Law governing public law and public law real estate)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 8 December 2005, No DJZ2005203925, Legal Affairs Directorate, Law Department;
Having regard to Article 2 (1), first paragraph, of the Law on public law restrictions on immovable property , Article 28 of the Local Authorities Act and Article 39b of the Soil Protection Act ;
The Council of State heard (opinion delivered on 1 February 2006, No W08.05.0574/V);
Having regard to the further report by Our Minister for Housing, Spatial Planning and the Environment of 9 March 2007, No DJZ2007015942, Legal Affairs Directorate, Legislative Section;
Have found good and understand:
For the purposes of this Decision the following definitions shall apply: Law kenability law governed by public law on immovable property .
1 Designated in accordance with Article 2, first paragraph, of the Act the categories of restricted acts referred to in the Annex to this Decision.
2 The designation referred to in paragraph 1 shall not be subject to any restriction decision falling within the category of restriction in respect of a tolerance of tolerance which is less than six months in force.
This Decision shall enter into force on a date to be decided by Royal Decree, which shall apply to the various chapters of the Annex they may be determined differently from this Decision or parts thereof.
This decision is cited as: Designation decree Law governing public property restrictions on immovable property.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 19 March 2007
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Published the twenty-ninth March 2007The Minister of Justice,
E. M. H. Hirsch Ballin
-( Article 149 ) decision pursuant to municipal ordination designating an immovable property as a protected monument, to the extent that no restriction decision as referred to in Article 1 (b) (6 °) of the Act Then it must be taken;
-( Article 174a ) The mayor's decision to close a dwelling shall not be open to the public at local level or any of the dwelling or local area of the house;
-( Article 222 , as this Article to 1 January 1995 has sound) municipal financing decision on the levising of a municipal building tax under the regulation;
-( Article 222 As this article has, until 1 January 1995, sound in conjunction with Article 216 ) the establishment of a regulation for the levation of a municipal land tax;
-( Article 222 -as from 1 January 1995, as from 1 January 1995, this Decision provides for the levising of a municipal baification tax under the Regulation;
-( Article 222 As this article reads from 1 January 1995, in conjunction with Article 216 ) the adoption of a regulation on the charging of a local baatload.
-( Article 145 ) decision under provincial regulation designating an immovable property as a protected monument, to the extent that no restriction decision as referred to in Article 1 (b) (6 °) of the Act Then it must be taken.
-( Articles 6 and 7 ) a tolerance imposed by or on behalf of the Minister of Defence or of the Minister of the Interior and of the Minister of the Interior and of the Kingdom of the Kingdom for any person in respect of the sustainable or temporary use of immovable property for the purposes of the construction, maintenance or use of immovable property of a work for the benefit of the national defence, including, where appropriate, the Article 7 of the Impeded Defence Act Act of mandation.
-( Article 13 ) upon the decision of the Ministers of Education, Culture and Science, and of Agriculture, Nature and Food Quality, the prohibition of a prohibition in a region designated for it.
-( Article 19 ) designation of a place as a protected living environment by Member States;
-( Article 24 ) provisional designation of a place as a protected living environment by the Member States.
-( Article 10, first paragraph ) designation by the Minister of Agriculture, Nature and Food Quality of a natural monument as a protected natural monument;
-( Article 10a, first paragraph ) designation by the Minister of Agriculture, Nature and Food Quality of an Area to implement Directive (EEC) 79/409 and Directive (EEC) 92/43 ;
-( Article 12 ) provisional designation of a natural monument as a protected natural monument, preliminary designation of an area to implement Directive (EEC) 79/409 and Directive (EEC) 92/43 -by the Minister for Agriculture, Nature and Food Quality;
-( Article 27 ) designation by the Minister for Agriculture, Nature and Food Quality of an area implementing treaties or other international obligations relating to nature and landscape conservation with the exception of the Directive (EEC) 79/409 and the Directive (EEC) 92/43 -to the extent that those treaties or obligations so require.
-( Article 7 ) designation as a estate by the Minister of Education, Culture and Science in accordance with the Minister of Agriculture, Nature and Food Quality;
-( Article 37, third paragraph ) -establishment of a preferential duty by royal decree.
-( Article 9.1, first paragraph, of the Erfgoedwet in connection with Article 56 of the Monuments Act 1988 like those Law Is the entry into force of the Heritage Act ) rules of the Minister for Education, Culture and Science with regard to the execution of a work or a load to shut down a work;
-( Article 9.1, first paragraph, of the Erfgoedwet in connection with Article 57, 1st paragraph, of the Monuments Act 1988 like those Law Is the entry into force of the Heritage Act ) (a) by the Minister for Education, Culture and Science, provided that a person entitled to an area should be allowed to enter that area in the interests of an archaeological inquiry, and that such a measure should be taken to ensure that such an area is whether or not excavations are carried out;
-( Article 9.1, first paragraph, of the Erfgoedwet in connection with Article 57, second paragraph, of the Monuments Act 1988 like those Law Is the entry into force of the Heritage Act ) by a governing body in preparation or implementation of a zoning plan as referred to in Article 3.1 of the Spatial Planning Act , a management regulation as referred to in Article 3.38 of that Act or an environment permit for an activity as referred to in Article 2.1, first paragraph, section c, of the General Provisions Act (i) it is necessary to accept a duty of tolerance imposed on an area in which an area is to be entered in the interests of archaeological research, for measurements to be made or excavations carried out in such an area.
-( Article 2, fifth paragraph , and 3, second paragraph ) the obligations of the Minister of Transport and Water State;
-( Article 5 ) the order of the Minister for Transport and Water State to move a job.
-( Article 21g ) The Minister of Transport and Water State or the Member States have imposed a duty of tolerance.
-( Article 5.15 in conjunction with Article 30 of the Soil Protection Act ) the administrator's measure (command) in case of an unusual occurrence;
-( Article 5.16 ) Administrator's order to carry out investigations and for the adoption of temporary security measures;
-( Articles 5.21 and 5.24 ) payment of the tolerance imposed by the administrator.
-( Article 13b, first paragraph ) Decision of the Mayor to impose a charge under administrative coercion, if that decision is intended to close the relevant object.
-( Articles 4 and 22 ) establishment housing regulation (designation category of buildings for which the system of partitioning in apartment rights referred to in Article 22 is applicable).
-( Article 5.2 in conjunction with or under the conditions of Environmental law general provisions law and Article 5.18 ) decision to impose a charge under administrative force or to impose a charge on the penalty of the competent authority, with a view to ensuring compliance with or pursuant to the general provisions of the law in the field of the law, in so far as to that decision, pursuant to the first sentence of the first sentence of Article 5.18 of the said Law, that the decision shall be taken in respect of the successor to the legal successor of the person to whom the decision was imposed and any subsequent successor to the law;
-( Article 5.24 in conjunction with or under the conditions of Environmental law general provisions law ) Decision of the Minister for Housing, Spatial Planning and the Environment, imposing a charge under administrative constraints or under penalty payments by the competent authority to ensure compliance with or under the conditions of the the general provisions law of the law.
-( Article 29, first paragraph In conjunction with Article 37, first paragraph ) decision of the Member States concerned with a case of serious pollution, whether or not with such risks, that urgent remediation is necessary;
-( Article 30 in conjunction with Article 31 ) (injunction) measure (order) of the Member States (Article 30) (possibly in advance: of the Commissioner of the King (Article 31)) in an unusual event;
-( Article 39b in conjunction with Article 14 of the Decision uniform sanusals ) decision of the Member States in agreement with the report of a uniform clean-up as referred to in Article 39b , if the remediation approach has been referred to in Article 3, first paragraph, point (c) of the Uniform Sanusals Decision , or of a combination of the remediation address, intended in Article 3 (b) and (c) of the Uniform Sanusals Decision ;
-( Article 39c, second paragraph ) decision of the Member States concerned, with the agreement of the report referred to in Article 39c (1), first paragraph, where the report describes restrictions in the use of the soil;
-( Article 39d, third paragraph ) decision of the Member States in agreement with the post-care plan;
-( Article 43 ) the order of the Member States to carry out temporary security measures, to carry out research, to manage or remediate the soil and to the other decisions referred to therein;
-( Article 49 ) measure (command) of the Member States;
-( Article 50 ) application of ownership or use of immovable property, or of limited rights to which immovable property is subject, or to its use, by the Minister for Housing, Spatial Planning and the Environment;
-( Article 88 ) exercise powers as specified in the Articles 29 , 30 , 31 , 37 , 39b , 39c , 39d , 43 and 49 , by the municipalities of Amsterdam, ' s-Gravenhage, Rotterdam and Utrecht or another municipality which is designated under the Article 88, seventh paragraph , or by a plus region as intended in Article 88, second paragraph .
-( Article 60 ) The Minister for Housing, Spatial Planning and the Environment, has imposed a duty of tolerance in so far as it concerns the use of immovable property for the purposes of determining air pollution.
-( Article 6.12 in conjunction with Article 6.25 ) operating plan established by the competent authority referred to in Article 6.12 or 6.25, in so far as it is subject to an environmental permit to undertake a requirement to make a payment of an operating contribution.
-( Article 2 , in conjunction with Article 3 , 4 or 5 ) designation of grounds by decision of the municipal council;
-( Article 6 ) provisional designation of grounds on the decision of the mayor and aldermen.
-( Article 13 ) Obligation imposed by the competent authority to establish facilities up to a maximum level of new construction in relation to an existing building or other construction, other than a building;
-( Article 13a ) Obligation imposed by the competent authority to make provision for a construction work to be carried out in accordance with reasonable requirements of welfare;
-( Article 13b ) duty imposed by the competent authority for a that Article the object referred to or to be given to another person in use or management;
-( Articles 14 , 15 , 15a , 16 , 17 , 17a , 17b , 18 and 20 , as these Articles, until 1 April 2007, are defined by the college of mayor and aldermen;
-( Article 17 ) decision of the competent authority to close a building, open yard or territory;
-( Article 92 in conjunction with Chapters I to III of the Housing Act and Article 5.18 of the General Provisions Act ) decision to impose a charge under administrative force or to impose a charge on the penalty of the competent authority, with a view to complying with or pursuant to the provisions of the Chapter I , II or III of the Housing Act In so far as it provides for the application of the first sentence of Article 5.18 of the Law on general provisions, the decision shall be taken against the successor to the legal successor of the person to whom the decision has been imposed, and to any person who has taken the decision further legal successor;
-( Article 92 in conjunction with Chapters I to III of the Housing Act and Article 5.24 of the General Provisions Act ) Decision of the Minister for the Wages, Wijken and Integration to impose a charge under administrative constraints or on periodic penalty payment by the competent authority to ensure compliance with or under the jurisdiction of the Commission Chapter I , II or III of the Housing Act .
