Key Benefits:
Decision of 4 May 2006 laying down detailed rules on the exchange plan and the list of the financial arrangements (Decision of redevelopment of reconstructions of concentration areas)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Agriculture, Nature and Food Quality of 17 November 2005, no. TRCJZ/2005/3429, Directorate-General for Legal Affairs;
Having regard to Article 74 of the Reconstruction Act (concentration areas) ;
The Council of State heard (opinion of 9 February 2006, no. W11.05.0527/V);
Having regard to the further report of Our Minister of Agriculture, Nature and Food Quality of 25 April 2006, No TRCJZ/2006/998, Directorate-General for Legal Affairs;
Have found good and understand:
For the purpose of this Decision:
| a. |
Law: |
|
| b. |
agricultural land: |
Agricultural land as intended Article 1 of the Act on Agricultural Land Traffic ; |
| c. |
Office for Agricultural Land Management: |
Office referred to in Article 28 of the Agricultural Land Act ; |
| ed. |
Home Offering: |
lot with a residential house; |
| e. |
Company's board: |
offering with a building or a complex of buildings, serving in the pursuit of an agricultural holding; |
| f. |
field offering: |
offering, which is not a home or business board; |
| g. |
building: |
building as intended in Article 1, first paragraph, of the Housing Act ; |
| h. |
Flat location: |
degree of egality of the mowing field; |
| i. |
Natural terrain: |
Natural terrain as intended Article 1 of the Act on Agricultural Land Traffic ; |
| j. |
Private land-based conservation protection organisations: |
organisations designated by royal decree as referred to in Article 388 of Book 7 of the Civil Code ; |
| k. |
LAC signal value: |
the lowest content of any substance in the soil, which may give rise to adverse effects on the yield and quality of agricultural products and the health of humans and animals in excess of those products; |
| l. |
Incorporation plan: |
Incorporation plan as referred to in Article 17, first paragraph, of the Act ; |
| m. |
reconstruction: |
preparation, establishment and implementation of a coherent complex of measures and provisions for the purposes of the objectives of the Reproduction law concentration areas . |
This Decision is based on the Articles 63 and 88 of the Act .
1 Deputed states shall determine the agricultural traffic value of land on the basis of the price level of the agricultural land used in the block in the year preceding the terinzalegation of the swap plan, in accordance with Article 64, first paragraph, of the Act -It was sold.
2 By way of derogation from the first paragraph, the Member States shall determine the agricultural traffic value of land on the basis of the price for which similar grounds have been sold outside the block in question during the year referred to in paragraph 1, if in that case year no or insufficient sales of agricultural land in the relevant block have taken place.
States of the Member States concerned by the application of Article 58, second paragraph, of the Act The size of the contribution to an owner instead of the allocation of land receives an overall remuneration in cash.
Member States shall establish, by block or part of a block, starting points with regard to:
a. The offering concentration;
b. the distance from the field offerings to the business board;
c. the maximum number of offerings by company type;
d. the size of the offerings; or
e. the form of the Offerings.
The limitation of a public service provision shall be established in such a way as to enable the public service to be used and managed efficiently.
The boundary of a property on which a building is located may be adjusted only after consultation with the owner and user upon assignment of a adjacent parcel, unless the building is not in use or is not in close proximity to the property. Perceelsboundary is located.
Land which has, or has, a destination corresponding to the function of agriculture, nature, forest or landscape, due to an established zoning plan, design plan or incorporation plan, shall be equivocable, provided that: Article 23 of the Act It's no different.
1 Exchange against a zero contribution are:
a. A watercourse of a width of not less than 5 metres;
b. A pool with a surface area of 25 m or less 2 ;
c. A line-shaped landscape element consisting of a wood-based stand with an average width of at least 5 metres.
2 Exchangeable as adjacent land are:
a. A watercourse with an average width of less than 5 metres;
b. A pool with a surface area of less than 25 m 2 ;
c. A line-shaped landscape element consisting of a wood-based stand with an average width of less than 5 metres.
3 By way of derogation from paragraphs 1 and 2, Member States may determine, for the whole block of watercourses, urination or linical landscape elements, a different width or area where the importance of an efficient re-dressing due to the the specific characteristics of the relevant block are required to this end.
A public road as referred to in Article 4 of the Wegenwet and a road which is otherwise public in its entirety, shall be equivocated against any non-existent transfer.
Grounds on which a public road as referred to in Article 4 of the Wegenwet It shall be available for rest on the basis of the incorporation plan.
When the public function of a watercourse expires according to the incorporation plan, the grounds on which this watercourse is located shall be outfitted.
1 Land situated in an area where, by virtue of Article 2 of the LNV framework law-grants A grant may be granted for nature management or agricultural nature management under a provincial regulation, or be available for the purpose of providing a grant for natural or agricultural nature.
2 If no subsidy as referred to in paragraph 1 has been granted, the relevant grounds shall be exchanged in accordance with the following order:
a. Exchange of agricultural land acquired by the Management Bureau for agricultural land for the purposes of securing, building or developing forest or nature reserves, or for which an owner or tenant is prepared to apply for a grant referred to in the first paragraph;
(b) exchange with other agricultural land.
3 If grant as referred to in paragraph 1 has been granted, the relevant grounds shall be exchanged in accordance with the following order:
a. Exchange of agricultural land acquired by the Management Bureau for agricultural land for the purposes of securing, building or developing forest or nature reserves;
b. Exchange of agricultural land acquired by private land protection organizations for the purposes of securing, building or developing forest or nature reserves;
(c) Exchange of agricultural land for which the owner or tenant subsidy referred to in paragraph 1 has been granted.
4 By way of derogation from the third paragraph, where an owner has entered into an agreement for the development or conservation of forest or nature with an obligation to do so, the grounds in question shall be Article 252 of Book 6 of the Civil Code for the State of the Netherlands or office management agricultural land, exchanged with land in respect of which such an agreement is also concluded or with land owned by the State of the Netherlands, Management of the Management of the Office of the Netherlands, Office of the Management of the Netherlands agricultural land or private land-managing conservation organisations.
1 Land which is part of a research case referred to in Article 1 of the Land Protection Act shall not be outfitted.
2 Land which is part of a pollution incident as intended Article 1 of the Land Protection Act shall not be outfitted if LAC signal values are exceeded.
3 Land which is part of a case of serious pollution as referred to in Article 3 (2) Article 1 of the Land Protection Act shall not be outfitted, unless the competent authority is based on the Soil Protection Act has determined that
a. the case of serious pollution on the basis of Article 38, first paragraph, of the Soil Protection Act has been sufficiently defied and no LAC signal values are exceeded; or
b. in relation to the case of serious pollution on the basis of Article 38, third paragraph, of the Soil Protection Act sufficient measures have been taken and no LAC signal values are exceeded.
Non-equipping shall be:
a. Grounds with an exceptionally poor cultural condition;
b. Grounds with a very uneven flat location;
c. nature reserves, which are not in use as a cultural land;
d. Too deep-deflated parcels;
e. grounds on which sports or recreational areas are located;
f. grounds on which railways are located;
g. Land with a wood base greater than 10 ares or grounds on which it has stood at a level of wood greater than 10 ares and for which a replanting obligation is considered to be Article 3, first paragraph, of the Forest Act or
h. orchards and other multi-annual crops.
1 The allocation of lots shall be organised in such a way as to promote efficient use.
2 The allocation of lots shall be carried out in accordance with the following ranking:
a. allocation aimed at the greatest possible concentration of offerings in the business environment;
b. allocated to the greatest possible concentration of offerings in the house offering;
c. allocated at the least possible distance between the farm buildings and the lots;
d. allocation aimed at the least possible distance between the house of residence and the lots.
Any combination of lots serving a single user shall not be combined if that aggregation leads to a fragmentation of his property which may not be required by reason of his or her own use.
The boundary of a home or business board may be adjusted only after agreement with the owner and after consultation with the users, unless the building on that offering is no longer in use or is not in close proximity to the parcel boundary. is located.
List of Member States in the plan of allocation to which percentage on the basis of Article 56, first paragraph, of the Act the total area of all the plots of land included in the block has been reduced.
Where an owner is given a right of use or use of the property in respect of immovable property than has been inserted by him, Member States may compensate the owner in respect of the property or use thereof by the owner of the property. the immovable property concerned to apply a surface correction or to pay him a sum of money.
1 Maintain the Member States in the plan of allocation of business rights as set out in Article 150, 1st paragraph, of the Transitional Law New Civil Code if the importance of the land establishment or reconstruction is not opposed to it.
2 Appointed states shall maintain or establish in the plan of allocation of hereditary services if they do not meet the need for them to meet the need for them to be met by reallocation or implementation.
The deployment of the lots shall be carried out in accordance with the effective implementation of works.
The plan of allocation may, in relation to the execution of works, provide that land will be phased out after the determination of the swap plan.
The plan of allocation may lay down detailed rules for the placing in service of lots, which shall be given temporary use by a different owner other than the owner to whom the lots have been allocated.
The list of the financial arrangements shall list all fees and charges to be charged to the owners concerned, including costs and allowances agreed with the owners of land situated outside the block.
1 The condition of the land and other immovable property is estimated at the time of the estimate, Article 68 of the Act , recorded according to one or more objective factors and one or more subjective factors.
2 The objective factors referred to in paragraph 1 shall apply:
a. The declosing of house lots, business avel or field offerings and
b. The water-household condition of lots.
3 The subjective factors referred to in paragraph 1 concern:
a. The offering concentration;
b. the distance from the field offerings to the business board;
c. the number of lots per holding;
d. the size of the offerings; and
e. the form of the Offerings.
1 In the list of monetary arrangements, netting arrangements may be entered between either the owners involved in the plan of assignment or the joint owners and the individual owner, who is involved in the plan of the arrangement of the allocation.
2 The settlement headings referred to in paragraph 1 of this Article may cover:
a. The presence of stabbings, rebellions and obstacles, including bunkers, high voltage masts, or cables and pipes;
b. The value of buildings, works, plantations and housefing stocks;
c. the overall remuneration in cash for contribution of land for the benefit of the discount, referred to in Article 56, first paragraph, part c or d, of the Act ;
d. the overall fee in cash for the input of lots with a small area;
e. the buyout of renten as intended Article 60, first paragraph, of the Act ;
f. the scheme and the removal of restricted rights, rentals and charges as referred to in Article 60, first paragraph, of the Act ;
g. the establishment of restricted rights as specified in Article 60, second paragraph, of the Act ;
h. other than agricultural values;
i. the story of costs related to a pollution incident as intended in Article 1 of the Land Protection Act , and
(j) compensation where no grounds for substitution in the performance of works are to be given for temporary use.
1 The settlement items, which refer to a registered duty and the valuation of the objective and subjective factors, are based on the situation in the Article 65, second paragraph, of the Act last time.
2 In the valuation of transfer items, which are related to the cultural condition of the land, the situation at the time of the transfer shall be based on the situation at the time of the transfer.
3 When valuation of the other transfer items is valued, the situation shall be based on the situation at the time of the opening of the draft swap plan, in so far as the amount of the transfer item is not agreed upon. Article 64, third paragraph, of the Act .
States shall appreciate the objective and subjective factors in order to contribute to the contribution of an owner in the costs of the Article 90, third paragraph, of the Act to be calculated.
Member States shall value the settlement items according to their value in social traffic.
A transfer account, resulting from the transfer of a case or a right to another owner, is estimated to the same value for the transferring owner and the owner, who is given the case or right, unless a different valuation is made. it is necessary because of the particular circumstances of the case.
1 The list of the financial arrangements shall indicate by owner the cover of the costs, consisting of the sum of:
a. The balance of the settlement items;
(b) the sum of the sums allocated to the owner in question on the basis of the subjective and objective factors, multiplied by the quotient of the total costs attributable to the owners and the total of the sum of the money to be allocated to the owners. All cash amounts allocated to the owners on the basis of the subjective and objective factors.
2 Where the change of value is determined by objective and subjective factors with a points system, for the purpose of the first paragraph, part b, the value of a point is converted into a monetary amount by the total of the point to the owners share the cost to be charged by the total of the points allocated to the owners.
An agreement as referred to in Article 85, first paragraph, of the Act does not control:
a. Lots that are part of the builtup bowl;
b. Offerings that are part of a spatially contiguous or functionally connected assembly of offerings that:
1 °. is in use for housing, including recreational housing, or housing of holdings with a non-agricultural destination;
2. for such use, is intended under plans or decisions on the basis of the Spatial planning law ; or
3 °. for that purpose, it will be made known from designs for such plans or decisions;
c. Lots where desoil takes place, unless it is subject to the agricultural or development of nature or small-scale recreation, in accordance with the conditions which it has attached to the authorization of ground-up, after the ground-off. is given; or
d. The limited rights in respect of the lots specified in parts a to c.
This Decision shall enter into force on a date to be determined by Royal Decree.
This Decision is referred to as: Decision establishment national territory.
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, 4 May 2006
Beatrix
The Minister of Agriculture, Nature and Food Quality
,C. P. Veerman
Issued the 23rd of May 2006The Minister of Justice
J. P. H. Donner
