Regulation (2012:708) On Construction Of Railway

Original Language Title: Förordning (2012:708) om byggande av järnväg

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:708

General provisions



The scope of the



section 1 of this regulation contains provisions relating to the

Act (1995:1649) on the construction of the railway.



Responsibility for coordination



section 2 of The intending to build a rail is responsible for

the planning of the railway, as far as possible, be coordinated with the

municipal planning.



Limitation of infringement resulting from the construction of the railway



section 3 of the person making a railway plan to investigate the possibilities

to by real estate legal measures or measures under

construction Act (1973:1149) remedy or reduce infringement

as a result of the construction of the railway.



Consultation



General provisions



4 § through consultation for the person who intends to construct a railway Exchange

information with and solicit comments from interested individuals,

agencies and organizations during the planning process.

Consultation may be both oral and written.



Rules on consultation, and what the consultation shall be available in 2

Cape. 2-7 of the Act (1995:1649) on the construction of the railway.



5 § the number of consultation opportunities shall be adapted so that

consultation the circuit is given the opportunity to understand and influence the project's

focus. The arrangements for the consultation and the number of

consultation opportunities may be adapted to the circumstances of the

individual case. Owners of properties where land or space

may be used for the railway shall, however, always

be offered at least a consultation meeting at the resort.



The invitation to the consultation



section 6 of the invitation to the consultation shall be done by letter, notice of

the local newspaper or in any other appropriate way. Basis for

the consultation shall be attached to the invitation or be available at

otherwise.



The consultation report



section 7 of the outcome of the consultation will be presented in a

the consultation report will be updated progressively until

the railway plan is announced.



Decisions on significant environmental impacts



section 8 Before the question of a significant environmental impact in accordance with Chapter 2. 4 §

Act (1995:1649) on construction of rail submitted to

the County Board for decision, to the person who intends to construct

the railroad through letters, announcement in the local newspaper or in any other

appropriate manner give the individual likely to be especially

concerned an opportunity to be heard. It should also be indicated where

documents about the project remain available.



section 9 of the regulations on the activities and measures to be

likely to have significant effects on the environment can be found in the regulation

(1998:905) on environmental impact assessment.



Content in the railway plan



Statement that the mark may be used with restraint



section 10 of the railway plan, there should be information about it,

When a force of law, gives it to build the railway law

to redeem the land or space according to Chapter 4. section 1 of the Act

(1995:1649) on the construction of the railway and the right to take the land in

claims for temporary use rights under Chapter 3. paragraph 3 of the same

team.



The basis of railway plan



Details of the operations foreseen impacts on human

health and the environment



section 11 of The report of the foreseeable impact on the

human health and the environment referred to in Chapter 2. § 9 third

paragraph 3 Act (1995:1649) on the construction of the railway,

include information on environmental conditions in the area

may be affected by the planned railway line, the

changes in environmental quality as the railway project could cause

and what these changes are expected to lead to human

health and the environment.



Real estate listings



section 12 along with the rail plan must, in addition to what

to the provisions of Chapter 2. the third paragraph of section 9 of the Act (1995:1649) if

the construction of the railway, is a real estate listing. In

the list shall be reported



1. properties where land or space needs to be used

permanent or temporary and known owner of these

real estate,



2. land and water areas that are joint for multiple

real estate and land or space needs to be taken in

claims, permanent or temporary, and known owner of famous

co-ownership real estate,



3. rights of use, or other specific right, but rented, and

condominium, to properties where land or space needs

be used permanently or temporarily and known holders

of these rights,



4. properties with residential buildings without noise reducing

measures is estimated to be exposed to noise exceeding the

guideline values for the traffic noise and the famous owner of these

real estate and residential buildings,



5. community establishments according to the fixed law

(1973:1149) and similar way communities and

Road associations, in so far as they are affected by the railway plan, as well as

famous owners of the properties participating in the

the installations.



If a community association under the Act (1973:1150) on

management of communities manages the community, special

right or the joint facility, the Association stated in

place of the owners or holders.



Costs and financing



section 13, along with railway plan, there should be information

If the project's estimated costs and how the construction of

the railroad provided funding.



Announcement and review of railway plan



section 14 If the consultation according to Chapter 2. 2-7 of the Act (1995:1649) if

the construction of the railway is finished, the person who intends to construct

Railroad announce its proposed rail plan and

the basis for this and allow documents to be reviewed under a

certain period of time (the audit period), which should be at least three weeks.



During the review period should plan proposal with supporting material be

available at the who intends to build the railroad and in

affected municipalities.



Exceptions from the requirements for publication and review available in 2

Cape. 13 and 14 of the Act (1995:1649) on the construction of the railway.



section 15 of The intending to build railroad to announce

the review in the Official Gazette and a local newspaper

or either of these. In the proclamation shall state where

the draft plan with input is available and within

which time the comments to be submitted.



Special notice



section 16 of The intending to build the railroad shall in particular inform

those who are recognized in the property list referred to in paragraph 12 of

and the affected municipalities and authorities about the location of the proposed

railway plan with input is available and if the time

within which comments may be submitted.



The notification shall be posted in a registered item to

those referred to in section 12 1-3 and include information on



1. to mark or space may be used with

coercion through redemption pursuant to Chapter 4. section 1 of the Act (1995:1649) if

the construction of the railway or by temporary tenancies under

construction in accordance with Chapter 3. paragraph 3 of the same law, and



2. the owner or holder is required to for consideration

transfer or lease the land or space to the

intends to build the railway, if a decision to establish

railway plan becomes final.



section 17 in respect of land or another space belonging to several

real estate properties in common, may have different owners,

section 14 or section 47 and 49 paragraph 3 process server law

(2010:1932) rather than apply for the notice to the

Special partners of the community, despite the fact that

procedural law is not applicable in General.



How comments should be left



section 18 comments on proposed rail plan and base

to this should be made in writing within the period determined

under section 14 of the intending to build the railway.



Audit opinion



19 § After audit time for the person who intends to construct

the railway in an audit report to compile and

comment on the written comments have been received under

audit time.



Modification of a railway plan after review



section 20 Of the proposed rail plan after reviewing changes

substantially or otherwise relevant to the

the public, a new publication and

investigation procedure carried out in accordance with sections 14 to 19.



The railway plan is modified in a way that does not require a new

announcement-and the examination procedure provided for in the first subparagraph,

Instead, those affected by the change are given the opportunity to

for at least two weeks to submit written comments on

the change. Anyone who intends to construct the railway shall compile

and comment on the comments received.



The County Administrative Board's opinion on the rail plan



section 21 of the Transport Department shall seek the opinions of the concerned county administrative boards

over a proposal for a rail path plan with documents of

published and reviewed. The County Board shall have access to

an audit report under article 19 before the opinion is delivered.



Determination of a railway plan



The topical requirements



section 22 If a rail plan in accordance with the opinion of the Administrative Board and, if

järnvägsbyggnadsprojektet has sufficient timeliness,

The Swedish Road Administration rule on establishing railway plan

According to Chapter 2. section 15 of the Act (1995:1649) on the construction of the railway.



Announcement and notification of the approval decisions



section 23 of the decision to establish a railway plan shall be published on the

as specified in section 15. In the proclamation shall state where

the decision is available, as well as the time within which it shall

be appealed and was written appeal must be submitted.



section 24 of the Swedish transport administration shall in particular inform them referred to in paragraph 12 of

1 – 3, affected municipalities and county councils, cadastral

and other who made written comments on the matter

during the review period or particularly concerned. By

the notification shall specify the period within which it shall

be appealed and was written appeal must be submitted.



In the case of land or space belonging to several real estate


in common terms, if the properties have separate owners, section 17.



Decision on the extension of the duration of a

approval decisions



section 25 if the Government established a railway plan supported by 2

Cape. second paragraph of section 15 of the Act (1995:1649) on the construction of

Railway, taken a decision on the extension of the duration

According to Chapter 2. paragraph 16 of the same law of the Government. Otherwise,

the decision by the Transport Department.



section 26 a decision on extension of the period of validity shall be promulgated

in the manner set out in section 15. In the proclamation shall state where

the decision is available, the time within which it shall

be appealed and was written appeal must be submitted.



The Transport Department will inform them in particular referred to in section 12 1-3,

affected municipalities and county councils, cadastral, and

others who have spoken or particularly concerned. In the case of land

or another space belonging to several properties in common

applies, if the properties have separate owners, section 17.



Decision to rescind a declaratory decision



section 27 if the Government established a railway plan supported by 2

Cape. second paragraph of section 15 of the Act (1995:1649) on the construction of

Railway, taken a decision to revoke approval

According to Chapter 2. section 17 of that Act by the Government. Otherwise,

the decision by the Transport Department.



section 28 a decision to revoke an adoption decision shall

be published in the manner prescribed in section 15. In the notice, the

Specifies where the decision is available.



The Transport Department will inform them in particular referred to in section 12 1-3,

affected municipalities and county councils, cadastral, and

others who have spoken or particularly concerned. In the case of land

or space that belongs to several properties in common terms,

If the properties have separate owners, section 17.



Extensions to the railway plans



section 29 of the extensions to the railway plans pursuant to Chapter 2. section 18 of the Act

(1995:1649) on the construction of the railway is made by the

building the railway. He or she shall notify the County Board of

the add-in. Notification shall be submitted also to the famous owner of

mark or other space affected by the extension and known

holders of usufruct or other special rights to

such land or such space. In the case of land or other

space belonging to several properties in common terms, if

the properties have separate owners, section 17.



The County Board's decision



section 30 Before the County Board announces the decision pursuant to Chapter 3. the law

(1995:1649) on the construction of railways, the Transport Department heard.

The County Board shall notify the Transport Department and the relevant

individuals, municipalities and authorities announced the decision.



31 § if in a tillståndsärende with the County Administrative Board is found to

to the County Board's permission is needed both by the law

(1995:1649) on construction of rail and under the environmental code, should

the County Administrative Board examine the case under both conditions.



section 32 decisions on derogations from the provisions referred to in Chapter 1. paragraph 5 of the

second subparagraph, Act (1995:1649) on construction of railway

announced by the provincial government. The Government's permission is needed in

some cases arise out of Chapter 7. section 29 of the environmental code.



The County Board shall inform the applicant, the Transport Department, as well as

interested individuals, municipalities and authorities of the decision.



Goal of redemption



33 § when the subpoena issued in case of redemption pursuant to the Act

(1995:1649) on the construction of the railway, land and

Environment Court shall notify the registration authority of the objective of

Note in the land registry register part. If a

such a goal will be dismissed in whole or in part, the Court shall

notify the registration authority for removal of

the note.



The first subparagraph shall not apply if the case only concerns the redemption of

special right which is not registered.



Fees



34 § Fee according to tariff class 4 of the fee regulation

(1992:191) charged for the examination of an application for a permit under

Chapter 3. 1 and 2 of the Act (1995:1649) on the construction of the railway.



Authorization



35 § transport administration must notify the enforcement regulations

necessary for the application of the Act (1995:1649) of construction

by rail and by this regulation.



Transitional provisions



2012:708



1. This Regulation shall enter into force on 1 January 2013.



2. The regulation repeals Regulation (1995:1652) if

the construction of the railway.



3. Older rules still apply for planning applications that

upon entry into force contains an environmental impact assessment

for a rail plan that has been submitted to the County Board of

the approval referred to in Chapter 2. section 2 of the Act (1995:1649) on the construction of

rail transport in its version prior to January 1, 2013.