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Decision of 19 September 1989 implementing Article 2 and other noise nuisance Act related to air-cushion vehicles
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, Regional Planning and the Environment of 11 July 1988, Central Board of Legal Affairs, Department of Legislation, No MJZ1178014, done in accordance with Our Ministers of Economic Affairs and from Traffic and Water State;
Whereas it is desirable, in the interests of preventing and limiting noise, to lay down rules on the use of air-cushion vehicles;
Having regard to the Articles 2 , 4 , 5 , 7 , 147 A and 170 of the Noise Nuisance Act ( Stb. 1979, 99);
The Council of State heard (opinion delivered on 24 October 1988, No W08.88.0412);
Having regard to the detailed report by Our Minister for Housing, Regional Planning and the Environment of 14 September 1989, Central Board of Legal Affairs, Department of Legislation, No MJZ 25889010, released in accordance with Our Ministers of Economic Affairs and from Traffic and Water State;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
-air-cushion vehicle: a device which is intended to move on a cushion of air, which is maintained between the apparatus and the draping surface;
-sea shipping and sea shipping: sea shipping in one of the two directions between the sea and:
1 °, the port of Amsterdam, the North Sea channel, and the sea shipping and the ports and transhipment sites situated on this waterway;
2 °. the port of Rotterdam, the port of Dordrecht and the ports, located at the Hollands Diep, on the Rotterdam Waterway and the Oude Maas, as well as the sea shipping in those ports and in the ports and transfer points situated on these fairways;
3 °. Belgium on the Westerschelde or the canal of Terneuzen, as well as the sea shipping in the ports and transhipment sites situated on these fairways;
4 °. The ports of Den Helder, Delfzijl, Hefshuizen (Eemshaven), Harlingen and Scheveningen, and the sea shipping in those ports.
2 For the application of air-cushion vehicles which are specified in or pursuant to this Decision to the same type if-apart from changes, they do not differ substantially by use as far as they are concerned characteristics or components which determine the sound output.
1 This Decision shall not apply to:
a. Inland waterway vessels carrying on commercial inland waterway vessels, if these ships:
1 °. in accordance with Rules governing the examination of ships on the Rhine ( Stb. 1976, 476) are provided with a valid certificate of inquiry;
2 °. in accordance with the Inland waterway be provided with a valid certificate of investigation;
3 °. Be provided with a valid Community certificate as provided for in the Directive 82 /714/EEC of the Council of the European Communities laying down the technical requirements applicable to inland waterway vessels of 4 October 1982 (PbEG L 301), or to a valid Community inland navigation certificate as provided for in Directive No 77 /714/EEC of 4 October 1982 (PbEG L 301). 2006 /87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Directive No 17 82 /714/EEC (PbEU L 389);
b. Ships specified in Article 7 (f) of the Inland waterway decision For which: Article 10 of that Decision a provisional licence has been issued;
c. seagoing vessels engaged in professional maritime transport, when sailing to and by sea, if these ships:
1 °. in accordance with the Act of Creation ( Stb. (2) 1909, 219) are provided with a valid certificate of soundness;
2 °. comply with the requirements of the International Convention for the Safety of Life at Sea, 1974 ( Trb. 77), to be retained on board by the competent authorities of the country of registration, and for the purposes of which the requisite valid certificates must be issued by or on behalf of the competent authorities of the country of registration;
3 °. comply with the 'Rules for Dynamically Worn Vessels' prepared by the International Maritime Organisation (Code of Safety for Dynamically Supported Craft-Res. A. 373 (X)-, to which the required valid certificates, issued by or on behalf of the competent authorities of the country of registration, should be on board;
d. ships for which, on the basis of Article 2a in conjunction with Article 2, first paragraph, point G , of the Creation Act a licence has been issued;
e. ships, sailing from the sea to Belgium or in the opposite direction;
f. Driving vessels complying with the Safety Standards and Regulations of Driving Vessels 1976 ( Stcrt. 1976, 78).
2 This Decision shall not apply, moreover, to air-cushion vehicles used in defence of military training in the interests of national defence.
1 It is prohibited to use an air-cushion vehicle, without a permit, granted by Our Minister. For the use of an air cushion vehicle in an area, designated in accordance with Article 1.2, second paragraph, part b, of the Environmental Protection Act , no permit is granted.
2 The prohibition laid down in paragraph 1 shall not apply to the extent that it has been waived by our Minister for use of the air-cushion vehicle for the purposes of a pilot operation in the context of the industrial manufacture. A derogation may be made in the interests of preventing or reducing noise pollution.
In case of application for authorisation as referred to in Article 3, first paragraph , the following information shall be submitted by the applicant:
a. the indication of the name and address of the applicant;
b. the indication of the purpose for which the air-cushion vehicle is intended to be used by the applicant;
c. An indication of the location or route on which the applicant wishes to use the air-cushion vehicle;
d. A description of the number of times and the length of time at a time when the applicant wishes to use the air-cushion vehicle;
e. the report of the acoustic examination to be carried out pursuant to instruction 13 of the Central Commission for the Navigation of the Rhine referred to in Article 43 of the Revised Convention for Rhine Navigation ( Trb. 1955, 161);
f. a description of the nature, extent and duration of the foreseeable appearance of the sound to its environment, and of the method by which they have been established.
Before deciding on an application for a derogation, our Minister shall send a copy of the application to Member States of the province to which the application relates and shall give the Member States concerned the opportunity to do so. make their views known in writing within four weeks of being sent to the Commission.
A permit and a waiver may be amended or withdrawn. Article 5, fifth paragraph, of the Noise Nuisance Act shall be subject to the amendment or withdrawal of a waiver of corresponding application.
With regard to air-cushion vehicles already produced in the Netherlands by the entry into force of this Decision, or belonging to a type already in production in the Netherlands when this Decision is in force taken, shall apply Article 3 as from one year from the date of entry into force of this Decision.
This decision may be cited as: Air cushion vehicles Act noise nuisance Act.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.
' s-Gravenhage, 19 September 1989
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
E. H. T. M. Nipples
Published the twenty-ninth September 1989The Minister of Justice,
F. Korthals Altes
