Key Benefits:
Decision of 23 January 1992 laying down rules on contributions to the costs of management and maintenance of water resources
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 Transport and Water, dated 5 September 1991, No RJI 102399, Chief Executive of the Water State, Department Of Public Management and Legal Affairs;
Having regard to Article 2, second paragraph, of the Law of 24 April 1991 laying down rules on certain specific benefits to provinces and municipalities in the field of Transport and Water ( Stb. 1991, 255);
Having regard to the opinions of the Interprovinciaal Consulate and the Association of Dutch Municipalities;
Have heard the Council for the Municipal and Financial Councils;
The Council of State heard (opinion delivered on 4 December 1991, No W09.91 0489);
Having regard to the further report by Our Minister for Transport and Water State of 14 January 1992, No RJI 113251, Chief Executive of the Water State, Department of Public Service and Legal Affairs;
Have found good and understand:
For the purpose of this Decision:
a. Our Minister: Our Minister of Transport and Water State;
b. 'contribution' means a contribution as referred to in Article 2, first paragraph, of the Law on Rules relating to certain specific benefits to provinces and municipalities in the field of Traffic and Water. ( Stb. 1991, 255);
c. waterstate works: water state works as intended in Article 2, first paragraph, of the Law on Rules relating to certain specific benefits to provinces and municipalities in the field of Traffic and Water. ;
d. new manager: either the province or the municipality, with a royal decree on the basis of Article 1, 2nd paragraph, of the Water State Law 1900 ( Stb. 176) a waterstate work in management or maintenance has been brought.
A contribution will be taken into account by the new administrator of a state of water work, which has one or more functions in general.
1 The contribution shall be granted as long as the Article 2 Such functions shall be present.
2 The new administrator makes a statement to our Minister every year, bearing in place that the function is still in the public utility of the water state.
3 If, however, the new administrator intends to change the functions of water resources in such a way that they no longer correspond to the functions at the time when the state work has been managed or maintained by the State Department, it shall continue to be second member out of application. In this case, the new administrator shall enter into due time, in consultation with our Minister, on a proportionate adjustment of the benefit amount.
1 The amount of benefit per rightholder at the time when the relevant waterage work is brought into management or maintenance to the new manager shall be determined by the Royal Decree, referred to in Article 4 (2). Article 1, part d .
2 In determining the amount of benefit, account shall be taken of the extent to which the water resources functions in general.
3 If changes have been made to the functions of water state work as intended Article 3, third paragraph , the amount of benefit shall be adjusted proportionately by the Royal Decree.
The contribution shall consist of the following components:
a. A fee for the fixed annual costs of the staff;
b. A fee for the average annual maintenance costs;
c. For a period of 30 years from the time of transfer, the amount required for non-annual maintenance costs. A distinction is made at the abovementioned costs of fluctuations of less or more than five years.
1 The contribution shall be adjusted annually by our Minister in accordance with the provisions of the second and third paragraphs.
2 The annual adjustment referred to in the first paragraph shall be by multiplying the contribution by:
3 In the formulae set out in paragraph 2, the following sets shall apply:
a: coefficient, in order to adjust the increase in the nominal wage level;
C: The index of annual wages of adult workers published by the Central Bureau of Statistics (wages per week and per month for all employee categories, including savings, holiday allowance and other benefits), during the month prior to the month in which it was Article 1, part d , the royal decree is in force;
You: the index for the month that has served as a price basis for determining the contribution.
4 The coefficient a has a value of 0.7 for the maintenance cost component and is set by our minister every five years. The value of the coefficient a for the human resources component is again used by Our Minister, on the basis of the indices of public sector regulation published by the Central Bureau of Statistics. 3.
1 Our Minister pays the contribution each year in four equal parts.
2 The parts referred to in paragraph 1 shall be paid no later than the fifteenth day of the second month of each quarter of the relevant year of benefit.
3 The amount of the adjustment of the contribution shall be paid in the year following the relevant year of benefit, no later than 30 November of that year.
1 Our Minister retains the power at all times to terminate the provision of an annual contribution, or parts thereof, under the making of a lump sum payment of which the amount is calculated according to the systematics as defined above. -in the report of Purchases 1979 (Second Chamber, 1979-1980, 15 679, n. 6, p. 3 to 8).
2 Our Minister shall give notice of his intention to terminate the annual contribution or parts thereof by 15 December of the current calendar year in writing to the new administrator.
3 The granting of the contribution shall also be terminated as from the date on which the management and maintenance of the relevant waterworks are financed by means of the contribution from the Provincial Fund to the Municipal Fund.
This Decision shall enter into force as from the first day of the second calendar month following the date of issue of the State Sheet where it is placed.
This decision may be referred to as: Decision contributing to water works.
Burden and order that this Decision, together with a note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.
' s-Gravenhage, 23 January 1992
Beatrix
The Minister of Transport and Water,
J. R. H. Maij-Weggen
Issued the 20th of February 1992The Minister of Justice,
E. M. H. Hirsch Ballin
