Council decision of 23 november 1990, laying down the Ranking decision nature protection Act 1928 We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of our Minister of agriculture, nature management and fisheries of 4 May 1990, nr. J. 905759, Executive legal and business-organizational Affairs, done on behalf of the State Secretary of finance;
Having regard to articles 1, paragraph 3, and 2, paragraph 2, of the nature conservation Act 1928 (Stb. 1989, 252);
The State Council heard (opinion of 10 July 1990, no. W 11.90.0201);
Having regard to the further report of the Secretary of State of agriculture, nature management and fisheries of 8 november 1990, no. J. 9013303, released also on behalf of the State Secretary of finance;
Have goedgevonden and mean: Article 1 1 In this decision, the following definitions shall apply: a. estate: estate as referred to in article 1, paragraph 1, subparagraph (a), of the nature conservation Act 1928;
b. wood rebellions: wood, breeding well, Christmas tree crops other than rebellions laagstam orchards or cutting pilot whale;
c. outdoor place: real estate with a fortified House in origin, a castle, a country house or a country house, possibly with outbuildings, with an architectural related historical garden or of at least one hectare historical park whose construction dates back to before 1850 and recognizable present, if this complex, or at least one of its components, a national monument as referred to in article 1.1 of the Erfgoedwet;
d. nature areas: 1 °. heaths, raised bogs, peat marshes, sand dunes, dune areas, salt marshes, salt meadows, slufters, buntings, swallowing, green beaches, cane, rough, countries, thickets, marshes, fens, pools, streams, small rivers, creeks, river walk, wheels, sealed sources and sprinkle, as far as these grounds are not in use as agricultural land;
2 °. chalk grasslands, flower rich grasslands of the hill country, from the sandy and the Villa area of the rivers and sea-clay area, wet skimpy grasslands, dotterbloem grasslands of stream valleys, or Vincent and clay areas, wet moderately nutrient-rich grasslands, dry skimpy grasslands of the higher grounds, dry lime poor Dune Grasslands, dry calcareous grasslands vegetated Dune Grasslands and salty, as far as these grounds only in use for grazing or hay meadows and overgrown with vegetation types characteristic for these grasslands;
e. Our Ministers: Our Ministers of Economic Affairs and finance;
f. economic ownership: economic ownership referred to in article 1, paragraph 1, part c, of the nature conservation Act 1928.
2 In this decision, the term natural areas include agricultural land that meets all the following conditions: a. the relevant agricultural land is furnished or otherwise well made suitable for the development to natural area;
b. that development to natural terrain shall be made in accordance with a by our Ministers approved plans in allerzielen ALOM nature, in which also the length of time it is provided within which development essentially will be complete;
c. any use of the ground that can hinder the development to natural terrain, according to a written statement.
Article 2 1 To qualify as an estate, to a property must meet the following conditions: a. the area of the real estate shall be at least 5 hectares;
b. land and waters belonging to the real estate forms a contiguous area;
c. the area of the real estate for at least 30 per cent occupied with wood stands or nature areas and d. the type of use of the immovable property is made, does not breach the natural beauty.
2 as far as belonging to the real estate areas, stalling or waters, or the kind of use that is made, infringe the natural beauty, those areas, which are stalling and that waters not included in the estate on to note real estate.
3 the land and waters belonging to a property are partly as a contiguous area, if: a. the land and waters are separated by: 1 °. dirt roads, 2 °. paved roads no wider than five meters, 3 °. water walk no wider than 25 metres, or 4 °. only non-electrified tracks; or b. the land and waters are separated by a road, Dike, railway or watercourse, as far as there is a scenic or functional coherence between the land and this relationship apparent is present, or where there is a strong historical link between the sites.
4 for the purposes of paragraph 1, part c, to the surface of the wood with rebellions occupied immovable property Commission counted kapvlakten, on which a herplantplicht rest under the forest law and which do not exceed 15 per cent of the surface of the wood with rebellions occupied sites to not more than 5 hectares, with the understanding that a kapvlakte of 0.5 hectares or less is classed as a with wood rebellions occupied site.
Article 3 1 article 2, paragraph 1 (a) shall not apply to an outdoor place or part thereof.
2. Article 2, paragraph 1, part c, shall not apply to an outdoor place with an area of less than five hectares or part thereof.
3 article 2, paragraph 1 (a) shall not apply to a property with an area of less than five acres but larger than one hectare, if: a. the property borders a property that has been identified as estate and the surface of both properties jointly at least five hectares, or the real estate with one adjoining not yet identified as estate real estate , collectively at least five acres; and b. a close historical connection between the two properties.
4 Article 2, paragraph 1, subparagraph (a) and (c) shall not apply to a property with an area of not more than one hectare, if: a. on the real estate a Vicente is located before 1 January 1940 was built and has retained its character after this date at the latest;
b. the property borders a property that has been identified as estate and the surface of both properties jointly at least five acres; and c. a close historical connection between the vicious, referred to in part a, and the real estate that is designated as estate, referred to in part b. 5 Buildings, located on property with an area of less than five acres under the third or fourth member if estate is only part of the estate as far as it concerns : a. national monuments as referred to in article 1.1 of the Erfgoedwet;
b. stalling for the technical management of the estate, unfit for at, with an area of up to 20 m 2 and a ridge height of not more than 3 metres; or, c. stalling before 1 January 1940 are built and which have retained their character after this date at the latest, as far as a close historical connection between the Oberoi and the estate.
6 by way of derogation from article 2, paragraph 1, part c, can a property, not yet at least 30 per cent of the surface consists of wood stands or nature areas, be regarded as estate, according to a planting plan and it is clear from the beginning of the actual implementation, it is to the real estate sufficiently with wood to occupy rebellions , provided that the property in the view of our Ministers at the end of the period referred to in Article 3a, paragraph 1, of the time limit referred to nature protection Act 1928 all the conditions for consideration as estate.
7 in paragraph 4, part a, paragraph 5, part c, and article 5, paragraph 1, part (d) of each year after the expiry of a period of ten years after the entry into force of this paragraph with ten years increased.
Article 3a the main owner of a property that has the property encumbered with the limited ground lease to transfer without the economic ownership is identified as the owner of that property, if that real estate has a total area of less than five hectares.
Article 4 As infringement on the natural beauty, referred to in article 2, paragraph 2, shall in any case considered the fact that areas that belong to the real estate, are decorated or are used: a. for industrial purposes;
b. for intensive livestock farming;
c. for extraction of soil materials or mining;
d. for horticulture;
e. as landfill for waste;
f. as a repository for materials other than those derived from or intended for agriculture and forestry on the real estate;
g. to car or Motorsport;
h. for intensive recreation day-or residence other than areas that are decorated with regard to the provisions of article 6, paragraph 2.
Article 5 1 without prejudice to the provisions of article 4 shall be as intrusive on the natural beauty, referred to in article 2, paragraph 2, in any case not considered the fact that on the real estate: a. parks or gardens are located, that belong to an outdoor place;
b. landscape landscaped parks or landscape structures which traditionally belong to an outdoor Plaza, whose construction dates back to before 1850 and recognizable present, and again on that real estate a national monument as referred to in article 1.1 of the Erfgoedwet is situated;
c. areas are located, which traditionally the view allow that property located on or from a vicious dating from before 1850, as far as those areas are bounded on either side by wood rebellions;
d. stalling are located, which were built before 1 January 1940 and that after the said date out their character have retained;
e. other buildings than those referred to in part d are located, if they are largely functional for the conservation or for the management of the real estate, and who by their appearance, in cases where they violate the natural beauty, to the eye have been removed by plants;
f. water features for, or water courses necessary for water management of the real estate;
g. areas are situated, which are used for agriculture as far as each of those areas: 1 °. an area of 5 hectares, or, if this does not exceed more, those surface does not exceed 5 per cent of the surface of the real estate to a maximum area of 20 hectares, and the circumference of that area for at least 75 per cent is surrounded by wood revolts, or the circumference of that area for at least 50 per cent is surrounded by an almost contiguous wood rebellion and again visually from the adjacent areas is separated by one or more trees that determine the landscape;
2 °. together with one or more adjacent, not separated by wood rebellions, agricultural areas used a surface of 20 hectares and the joint does not exceed 100 per cent of those areas for perimeter is surrounded by wood rebellions;
h. parking areas of limited size are located, as far as these are intended for use by the owner, by the user or by the visitors of the real estate.
2 under in the first paragraph, part g, wood referred to rebellions are also include wood rebellions that are not located on the property itself but directly borders.
Article 6 1 When intrusive on the natural beauty, referred to in article 2, paragraph 2, is not considered the fact that on the real estate one or more camp sites are located, provided that: a. on a property with a minimum area of 25 hectares, no more than one campsite is situated;
b. on a property with an area of at least 100 hectares of no more than two camping sites are located;
c. on a property with at least 250 acres of no more than three camping sites are located.
2 for the purposes of the first paragraph, camp site means a site that is furnished or apparently sustainable is used for camping and: a. whose surface is not larger than 1 hectare;
b. that is not located on a natural terrain or in a historical park or in a historical garden;
c. that, in terms of a property with an area of at least 100 hectares, on more than 500 metres from another campsite on that immovable property is situated;
d. which no other cases than those for the supply of gas, electricity and water and for sanitary needs;
e. on which no permanent pitches.
Article 7 1 A request to our Ministers to a property as an estate is made using the appropriate form and contain at least the following: a. an overview of the estate on to note cadastral lots, which per plot the (estimated) surface;
b. a description of: 1 °. from the point of view of the natural beauty characteristic structures and elements of the real estate;
2 °. the quality of the sites, the buildings and the kind of use of those sites and that stalling; and 3 °. the historical development of the real estate.
2 to the request in any case provided: a. actual excerpts from the basic records that on the real estate;
b. color photographs of the buildings;
c. a topographic map of the real estate, which in the first paragraph, under part b, 1 ° and 2 °, data referred to;
d. as far as it concerns a request in respect of an immovable referred to in article 3, first, second or fifth member, part (a), a copy of the order in which the real estate is designated as a national monument as referred to in article 1.1 of the Erfgoedwet.
e. in case a request is made to the real estate as a country estate with application of article 3, third or fourth member, documentary evidence which referred to in this article close historical band members and, where applicable, article 3, paragraph 5, it turns out;
3 In case the real estate to agricultural land as referred to in article 1, second paragraph, belongs, are also evidence that compliance with the conditions referred to in article 1, paragraph 4 a request for a property if estate on to note in application of article 3, paragraph 3, shall be submitted together with the request of the owner of the estate not yet referred to in that paragraph if adjacent property identified for that case as estate. A joint statement at the request of the owners of the property, in which they attached to application of article 3, paragraph 3, requests. If both immovable property each have an area of less than 5 hectares and one of the joint requests submitted is rejected, the application shall be rejected.
5 in the event of an application relating to a property if estate on to note in application of article 3, paragraph 6, are also provided: a. a planting plan, the model for which shall be adopted by Our Ministers; and b. a clear map or floor plan, on which the plots belonging to the real estate that will be occupied in whole or in part with wood rebellions, are indicated, citing the cadastral numbers.
6 if with regard to arrange a property referred to article 7, paragraph 1, of the nature conservation Act 1928 on opening to the public is to be submitted for approval to our Ministers, when application for approval on a separate topographical map the paths and trails which are accessible to the public, as well as the placeholder of the access plates, indicated.
7 The topographic map, referred to in paragraph 2, part c, respectively, the sixth member, has a scale of 1:10,000, except that for a property smaller than five acres of the scale 1:2500.
8 by arrangement of Our Ministers may be exempted from the first and second member in respect of designated categories of requests by that procedure.
9 our Minister decision within a period of sixteen weeks after receipt of the request referred to in paragraph 1.
Article 8 the conditions referred to in article 220 d, paragraph 1, part d, of the Gemeentewet, are: a. at least 30 per cent of the surface of the estate is occupied with wood rebellions; or b. the surface of the country is good for at least 20 per cent occupied with rebellions with wood the surface again for at least 50 per cent consists of natural areas.
Article 9 1 this decision shall enter into force with effect from the day following the date of issuance of the Official Gazette in which it is placed.
2 this Act may be referred to as: Ranking decision nature protection Act 1928.
Charges and recommended that this decision with the corresponding note of explanation in the Official Gazette will be placed and that statement will be sent to the Council of State.
The Hague, 23 november 1990 Beatrix the Secretary of agriculture, nature management and fisheries, j. d. Gabor the State Secretary of finance, m. j. j. van Amelsvoort issued the thirty-first december 1990.
The Minister of Justice, e. m. h. Hirsch Ballin