Key Benefits:
Decision of 23 November 1990, laying down the Settlement Order Natural-law Law 1928
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 Agriculture, Nature Management and Fisheries of 4 May 1990, No J. 905759, Directorate-General for Legal and Business Organisational Affairs, acting on behalf of the State Secretary for Finance;
Having regard to the Articles 1, third paragraph, and 2, second paragraph, of the Nature Act of Nature Law 1928 ( Stb. 1989, point 252);
The Council of State heard (opinion delivered on 10 July 1990, no. W11.90.0201);
Having regard to the further report of the Secretary of State for Agriculture, Nature Management and Fisheries of 8 November 1990, No J. 9013303, released on behalf of the State Secretary for Finance;
Have found good and understand:
1 In this Decision, the following definitions shall apply:
a. estate: estate as intended in Article 1, first paragraph, part a, of the Nature Conservation Act 1928 ;
b. houtopstocks: non-breeding stocks, Christmas tree crops, low-stock orchards or cutting-shears;
c. outspot: immovable property with an in-origin reinforced house, a castle, an outer house or a country house, possibly with outbuildings, with an architectonic connected historical garden or historic park of at least one place hectares the construction of which predates 1850 and is recognisable, if this complex, or at least one of its parts, is a driving monument as intended for Article 1.1 of the Erfgoedwet is;
d. nature reserves:
1 °. heathlands, canals, lowlife swamps, sand sprays, dunes, swelders, slugs, scorren, gorges, swallowing, green beaches, reed lands, ruigings, shards, swamps, muses, streams, streams, small rivers, wheels, exited river runs, creeks, springs and sprenlows, provided that these lands are not in use as agricultural land;
2 °. calcareous grasslands, flowery grasslands of the hills, of the sand and peat area, or from the rivers and sea areas, wet scrape grasslands, dotterflower grasslands of beekdalen, or from peat and clay areas, wet moderately food-rich grasslands, dry grassland of the higher land, dry calcarme duingraslands, dry calendered duingbreed lands and inner-zest grasslands, to the extent that these lands are only used for grazing or as hay meadows and are overgrown with for these grasslands, typical vegetation types;
e. Our Ministers: Our Ministers of Economic Affairs and Finance;
f. economic ownership: economic property as referred to in Article 1, first paragraph, part c, of the Nature Law of Nature 1928 .
2 In this Decision, natural land shall be understood as meaning agricultural land which satisfies each of the following conditions:
(a) the agricultural land concerned shall be furnished or otherwise suitably suited for the development of natural land;
(b) that development is carried out in the nature of the natural environment, in accordance with a nature plan approved by Our Ministers, which shall define the length of time within which such development will be completed in the main;
c. any use of the land which may hinder development of the nature of the nature of the natural environment, has been suspended by a written declaration.
1 In order to qualify as an estate, an immovable property must comply with the following conditions:
a. The surface of the immovable property shall be at least 5 hectares;
(b) land and waters belonging to the immovable property form a contiguaral area;
c. the surface of the immovable property is occupied for at least 30 percent with wood stands or nature reserves; and
d. the type of use that is made of the immovable property does not infringe the natural beauty.
2 In so far as the immovable property, stables or waters, or the type of use which is made of it, encrote on natural beauty, those areas, which are stabbating and those waters are not regarded as belonging to the property; branding of immovable property.
3 The land and waters belonging to an immovable property shall be regarded as a contiguous area if:
(a) Areas and waters are separated by:
1 °. unpaved roads,
2 °. hardened roads not wider than five metres,
3 °. watercourses not wider than 25 metres; or
4 °. one-track non-electrified single track; or
(b) the areas and waters are separated by road, dike, railway or watercourse, provided there is a landscape or functional coherence between the areas and this consistency is recognisable, or where there is a close historical There is a link between the areas.
4 For the purpose of applying the first paragraph, C , shall be classified in the immovable property occupied by wood stocks, where a replanting obligation is imposed on the land occupied by the holding. Forest Law and which do not exceed 15% of the surface area of land occupied with wood-borne land up to a maximum of 5 hectares, except that a flat area of 0,5 hectares or less is considered to be occupied by a wood-holding area.
1 Article 2, first paragraph, part a , does not apply to an outdoor place or part of it.
2 Article 2, first paragraph, part c , does not apply to an outdoor place with a surface area of less than five hectares or a part thereof.
3 Article 2, first paragraph, part a , does not apply to an immovable property with a surface area of less than five hectares but larger than one hectare if:
a. the immovable property borders on an immovable property classified as a property and the area of both immovable property is collectively at least five hectares, or the immovable property with one adjacent land is not yet classified as a property. immovable property, having a total area of not less than five hectares; and
b. there is a close historical link between the two immovable properties.
4 Article 2, first paragraph, points (a) and (c) , does not apply to an immovable property with an area of up to one hectare, if:
a. In the immovable property, a stabbland is situated that was built before 1 January 1940 and which has retained its character after that date;
b. the immovable property borders on an immovable property that is classified as a estate and the area of both immovable property is collectively at least five hectares; and
c. A close historical link exists between the opstal, referred to in subparagraph (a), and the immovable property classified as estate, referred to in subparagraph (b).
5 Stables, situated on immovable property with a surface area of less than five hectares which may be classified as estate in application of the third or fourth member, shall be part of the estate only in so far as it is concerned:
a. State monuments as intended Article 1.1 of the Erfgoedwet ;
b. stables for the technical management of the estate, unfit for stay, with an area not exceeding 20 m 2 and a height of not more than 3 metres; or
c. stables constructed before 1 January 1940 and which have retained their character after that date, to the extent that a close historical link exists between the stables and the estate.
6 By way of derogation from Article 2 (c) (c) , an immovable property, which does not yet exist for at least 30 percent of the area of wood or natural land, can be regarded as a property if, as is apparent from a planting plan and according to the beginning of the actual execution of the property, it is of that, the intention is to occupy the immovable property to a sufficient degree with timber stocks, provided that the immovable property in the judgment of Our Ministers after the completion of the Article 3a, First paragraph, of the Nature Law of Nature 1928 said deadline to all conditions of eligibility as estate will meet.
7 Paragraph 4 (a) of the fourth paragraph, and Article 5, first paragraph, part d The following year shall be increased by ten years after the expiry of a period of 10 years from the date of entry into force of this paragraph.
The principal owner of an immovable property whose property is owned by the limited right of leaseholder without transfer of the economic property shall be regarded as the owner of that immovable property, if that immovable property is an immovable property of the immovable property, has a surface area of less than five hectares.
If infringing on the natural beauty, meant in Article 2, second paragraph In any event, the fact that land belonging to the immovable property has been furnished or used shall be regarded as:
a. for industrial purposes;
b. for intensive livestock farming;
c. for the extraction of soil materials or mining;
d. For greenhouse horticulture;
e. as a landfill site for waste;
f. as a storage depot for materials other than those derived from or intended for agriculture and forestry in the immovable property;
g. for automotive or motorsport;
h. for intensive recreational or living recreation other than areas which have been arranged in accordance with the provisions of Article 6, second paragraph .
1 Without prejudice to the provisions of Article 4 be regarded as infringing the natural beauty of the Article 2, second paragraph , in any event, not the fact that on the immovable property:
a. Parks or gardens are located, which belong to an outdoor place;
b. landscaped parks or landscape structures that belong to an outdoor place, the construction of which predates 1850 and is recognisable, and also on that immovable property a national monument as intended for the purpose of Article 1.1 of the Erfgoedwet located;
(c) land is situated, which traditionally allows for the free view of, or from, a store situated on that immovable property prior to 1850, to the extent that those areas are bordered on both sides by wood stocks;
d. The stables are situated, which were built before 1 January 1940 and which, after the said date, have retained their character;
e. stables other than those specified in part Ed are situated, if they are largely functional for the conservation or management of the immovable property, and which, in case they infringe the natural beauty by reason of their appearance, have been removed from the plant by planting;
f. The prevention of water supply, or of watercourses necessary for the water management of the immovable property;
g. Areas are used, which shall be used for agriculture to the extent that each of these areas:
1 °. does not exceed a surface area of 5 hectares or, more so, that area does not exceed 5% of the surface area of the immovable property up to a maximum area of 20 hectares, and the circumference of that land for at least a maximum area of the area of the immovable property, 75% is surrounded by wood stocks, or the circumference of at least 50 percent is surrounded by a near-contiguous wood and visual of the adjacent land is separated by one or more trees which determine the landscape;
2 °. together with one or more adjacent, not segregated wood, land used for agriculture does not exceed a surface area of 20 hectares and the combined circumference of those areas is 100 percent surrounded by wood stocks;
h. Limited parking spaces are situated, provided that they are intended for use by the owner, by the user or by the visitors of the immovable property.
2 In the case of wood stocks referred to in paragraph 1 (g), wood stocks which are not situated on the immovable property itself but which are directly adjacent to them shall be included.
1 When infringing on the natural beauty, intended in Article 2, second paragraph , the fact that one or more camping sites are situated in the immovable property shall not be considered to be:
a. In an immovable property with an area of at least 25 hectares, no more than one campsite is situated;
b. situated on an immovable property with a surface area of at least 100 hectares, not more than two camping sites;
c. not more than three camping sites are situated on an immovable property with an area of 250 hectares or less.
2 For the purposes of the first paragraph, campsite shall mean an area furnished or clearly permanently used for the purpose of camping and:
a. The area of which is not greater than 1 hectare;
b. Not located on a natural terrain, or in a historic park or in a historical garden;
c. that, as regards an immovable property with an area of at least 100 hectares, is more than 500 metres from any other campsite on that immovable property;
d. Other provisions not provided for the supply of gas, electricity and water and for sanitary needs;
e. on which no fixed pitches have been constructed.
1 A request to Our Ministers to mark an immovable property when an estate is submitted using a form intended for that purpose and contains at least:
a. List of cadastral parcels to be registered as estate, with the (estimated) surface area being stated per parcel;
b. a description of:
1 °. the structures and elements of the immovable property, which are typical of nature, and which are of the nature of the property;
2. the status of land, stabbings and the type of use which is made of those premises and of the stables; and
3 °. the historical development of the immovable property.
2 In each case, the request shall be submitted:
a. Current extracts from the basic registration register relating to the immovable property;
b. Colour photographs of the stables;
c. a topographical map of the immovable property, on which the information referred to in paragraph 1 (b) (1 °) and (2) (2) is given;
d. In so far as it relates to an application for an immovable property as intended for Article 3, first, second or fifth paragraph, part a , a copy of the disposition to which the immovable property is designated as a national monument as intended Article 1.1 of the Erfgoedwet .
e. in case a request is made to notice the immovable property as an estate with application of Article 3, third or fourth member , supporting documents from which the close historical link referred to in these Article members and, where applicable, Article 3, fifth paragraph , it appears;
3 In the case of the immovable property of agricultural land referred to in Article 1, second paragraph , it shall also be provided with supporting documents demonstrating compliance with the conditions set out in the Annex. Article 1, second paragraph
4 A request to consider an immovable property as estate with application of Article 3, third paragraph , shall be submitted together with the request made by the owner of the adjoining immovable property, as referred to in that paragraph, to mark the case as a property. The requests shall also be accompanied by a joint declaration by the owners of the immovable property, in which they shall be applied for: Article 3, third paragraph -Requests. If both immovable property have an area of less than 5 hectares and one of the jointly submitted requests is rejected, the other request shall also be rejected.
5 Upon request to notice an immovable property as estate with application of Article 3 (6) , they shall also be submitted:
a. a planting plan, the model of which is established by Our Ministers; and
b. a clear map or map showing the property belonging to the immovable property which will be occupied wholly or partly with wood stands, indicating the cadastral numbers.
6 If, in relation to immovable property, regulate as intended Article 7, first paragraph, of the Nature Law of Nature 1928 on opening up to the public for approval to our Ministers, the road and path accessible to the public and the paths and paths open to the public at the request of a separate topographic map shall be submitted. location of the access signs, indicated.
7 The topographical map referred to in paragraph 2 (c), second paragraph, shall be the sixth member, of a scale of 1: 10 000, except that for an immovable property less than five hectares the scale 1 shall be: 2500.
8 The rules of our Ministers may derogate from paragraphs 1 and 2 in respect of the categories of applications designated by that procedure.
9 Our Minister shall decide within 16 weeks of receipt of the application referred to in the first paragraph.
The terms and conditions referred to in Article 220d, first paragraph, part d, of the Municipal Act , are:
a. At least 30 percent of the area of the estate is occupied with wood-based positions; or
b. The area of the estate is occupied for at least 20 percent with wood stands, with a minimum of at least 50 percent of the surface area.
1 This Decision shall enter into force from the day following the date of issue of the State Sheet where it is placed.
2 This decision may be cited as: Settlement decision, Nature of Nature Act 1928.
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, 23 November 1990
Beatrix
The Secretary of State for Agriculture, Nature Management and Fisheries,
J. D. Gabor
The Secretary of State for Finance,
M. J. J. van Amelsvoort
Issued the thirty-first December 1990.The Minister of Justice,
E. M. H. Hirsch Ballin
