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Regulation (1998:1388) Of Water Operations, Etc.

Original Language Title: Förordning (1998:1388) om vattenverksamhet m.m.

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Notification and consultation



1 § if in a case or matter is authorized to

water operations whose admissibility under the financial and administrative services agency,

Marine and water authority or provincial Government should be tried by

the Government under 17 Cape. section 3 of the environmental code, the authority of

due time before the end of the proceedings or the matter is put out to

hearing or meeting or licence decision

be notified notify the matter to the Government. Regulation (2011:630).



section 2 On a target or subject related to water activities such as

referred to in Chapter 4. 6 paragraph environmental code, should

Financial and administrative services agency and marine and water authority shall consult with

each other and with the provincial government and the regulator.

Consultations will also take place in other matters that are of such a

kind referred to in paragraph 1 of this regulation. Regulation (2011:630).



3 § If financial and administrative services agency, marine and water authority or a

Provincial Executive for action in order to protect environmental interests and

other public interests and a municipality at the same time of the action for

to safeguard public interests within the municipality, shall

the authority shall consult with the local authority. Such consultation shall take place in

other cases when an issue which is of general interest to a city

occurs in the case or matter. Regulation (2011:630).



Prohibition of land drainage



section 4 of the Prohibition under section 11. paragraph 14 environmental code against

land drainage concerns in Blekinge, Gotland, Kalmar,

Kronoberg, Skåne, Stockholm, Södermanland, Uppsala, West

Götaland and Östergötland County and Halland County except

Hylte municipality. Regulation (2013:1173).



4 (a) § Prohibition under section 11. paragraph 14 environmental code

against soil drainage concerns in Aneby, Arboga, Örebro,

Eksjö, Grums, Habo, Hallsberg, Västmanland, Hammersmith,

Jönköping, Kristinehamn, Kumla, Kungsörs, Köping, Laxå,

Mullsjö, Säffle, Tranås, Vetlanda, Västerås and Örebro

municipalities and in KARLSTAD municipality except Älvsbacka and Nyed's

assemblies. Regulation (2013:1173).



4 (b) § Prohibition under section 11. paragraph 14 environmental code

against soil drainage concerns in areas



1. Sweden – Dalarna, Gävleborg, Färnebofjärden

Västmanland County,



2. Nittälven in Dalarna and Örebro County,



3. Vattenån in jämtland and Västernorrland County, and



4. Kilsviken Västra Götaland and Värmland County.



A list of the areas and their geographical

boundaries is available at the environmental protection agency under

15 paragraph 4 foreword-ing (1998:1252) if

site protection under the Environment Act accommodation Regulation (2013:1173).



4 c § Prohibition under section 11. paragraph 14 environmental code

against soil drainage concerns in areas



1. Hovranområdet, Koppången and Large keel in Dalarna County,



2. Gustavsmurarna – Tröskens rich fen and Mellanljusnan in

Gävleborg County,



3. Aloppkölen, Gullhög – Tönningfloarna, Oldflån – Flån,

Tysjöarna and Lake Ånnsjön in jämtland County,



4. Kävsjö – Store Mosse in Jönköping County,



5. Gammelstadsviken, Laidaure, Mannavuoma, Mellerstön,

Persöfjärden, Pirttimysvuoma, Päivävuoma, Rappomyran,

Sjaunja, Tavvavuoma (Dávva-vuopmi), Tjålmejaure

(Tjålmejávrrie)-Laisdalen and Vasikkavuoma in the North-the bottom bunk

County,



6. Blaikfjallet, Tern Lake, the ume River delta and in the Vindel River

Västerbotten County,



7. Mossaträsk – Stormyran and Sulsjön – Sulån in Västernorrland

County,



8. Svartåområdet in Sweden, and



9. Getapulien – Grönbo in Örebro County.



A list of the areas and their geographical

boundaries is available at the environmental protection agency under

15 paragraph 4 Regulation (1998:1252) concerning the perimeter protection

According to the environmental code, etc., Regulation (2013:1173).



Application review of land drainage



section 5 of the application for authorization to land drainage under 11

Cape. paragraph 9 of the Environment Act as assessed by a County Administrative Board should be

written. The provisions of Chapter 22. 1 paragraph 1 – 5

and second subparagraphs 1 and section 2 of the environmental code applies in

the case of the application. What it says about the land and

Environmental Court should apply to the provincial government.



Public notice of the application and the environmental impact assessment (EIA) to be carried out

According to Chapter 6. section 8 environmental code as well as section 7 of the regulation

(1998:905) on environmental impact assessment. The time for

written comments must not be less than

four weeks after the order was in place.



Provisions relating to public notice when the land and Environment Court

an application can be found in Chapter 22. section 3 of the environmental code. Provisions on

except in certain cases from the obligation to draw up a

environmental impact assessment can be found in section 2 of the regulation on

environmental impact assessments. Regulation (2013:1173).



Land drainage expert



section 6 of the regulations on the permission to be

land drainage expert according to Chapter 7. Act (1998:812) with

specific provisions relating to water operations granted by the Government

agricultural work or, when only the case of dewatering of

Woodland, of the Swedish forest Agency.



7 § When a land drainage expert appointed, to land and

the environmental court shall notify the State's agricultural work if

the appointment. If there is only a question of drainage of

Woodland, instead, the Swedish forest Agency informed.

Regulation (2010:961).



Miljöbok



paragraph 8 of the land and Environment Court's list of

vattenverksamheter within the area should be kept in a miljöbok

as a book to be included in.



General Council of the judiciary may provide for environmental book.

Regulation (2010:961).



Transmission of certain judgments and decisions, etc.



section 9, A copy of the Court judgment or final decision in a

application objectives should be sent to



1. The environmental protection agency, marine and water authority and

Financial and administrative services agency,



2. The Swedish Meteorological and Hydrological Institute, if the target

pipe a management permit referred to in section 11. 2 § 1 the Environment Act,



3. the County Administrative Board in the county where the business is conducted,



4. the municipality in whose area the business is conducted or which

has brought proceedings in the case, and



5. the agency or agencies otherwise who have delivered an opinion in

the goal. Regulation (2011:630).



section 10 When a court in a case about water operations has announced

a judgment which includes provisions for the protection of or

promotion of fisheries, the Court shall, after the time for appeal

the judgment has expired, promptly send a copy of the parts of the

judgment containing such provisions for marine and

Water Authority. The copy should be provided with a certificate

Specifies whether the judgment has been appealed or not.

Regulation (2011:630).



11 § When a goal or case concerning land drainage has been decided

by a judgment or a decision which has become final, the

the Court of Justice and the provincial government urgently send a copy

of the judgment or the decision of the environmental protection agency and marine and

Water Authority with a list of

the participants and their unit numbers in

land drainage Association. A copy should also be sent to

National Board of forestry with regard to activities related to drainage of

Woodland, to the State's agricultural work in the case of activities

related to drainage of agricultural land and to the provincial government when

for other activities. Regulation (2011:630).



Intelligence, and more to cadastral and

Fee tail Board



12 § when the Court in conditions of water operations have

decided on the redemption of a portion of the property and the decision has

has the force of res judicata, the Court shall, without delay, to

surveying authority send a map with description

referred to in Chapter 22. section 24 of the Swedish environmental code and, second, an extract of the decision

where it is clear from the area who redeemed. On a map, the

certified that it has been the basis for the decision on repayment.



When the repayment referred to in the first subparagraph are fulfilled, the

the provincial government immediately inform the surveying Authority accordingly.



section 13 the Court for entry in the land register

General part notify surveying authority

the appointment referred to in section 11. paragraph 20 the environmental code.

Regulation (2000:332).



section 14 of the Court of Justice and the provincial government, for entry in the

General part of the register of real estate inform

surveying Agency of an appointment referred to in Chapter 1. paragraph 3 of the

Expropriations Act (1972:719) to a registered special

right shall be composed or cease. Regulation (2000:332).



15 § länsstyrelsen, for entry in the land register

General part notify the surveying authority that

redemption of land in conditions of water operations are completed.

Regulation (2000:332).



16 § has dissolved killing or infringing replacement as a

holders of fee tail estate are entitled to reduced according to

section 6 of the transitional provisions of the expropriations Act

(1972:719), shall inform the administrative board fee tail Board

If the Appointment. referred to in that provision granted by the

Board.



Proclamation pursuant to Chapter 6. section 19 of the expropriations Act (1972:719)



section 17 of the Troubled property of a mortgage as originally

granted in a property with a different table name,

the announcement referred to in Chapter 6. 19 §

Expropriations Act (1972:719) contain information about each

previous register reference of the property wherein the mortgage

has applied, but not the name of a property from the

the mortgage has avlyfts or a former part of the property.



Notice of inspection



18 § When the regulatory authority has been notified that a

inspection in accordance with Chapter 22. 25 paragraph 3 environmental code

has been carried out, the authority shall inform the land and

the environmental court regarding this. Regulation (2010:961).



Duty of notification rather than licensing status



section 19 rather than obtain a permit under section 11. 9 §

the environmental code, a water operations may not begin

before it has been notified of the supervisory authority, on the activities

means



1. construction of wetlands where the water has a surface that is not

more than 5 hectares,



2. the construction of an installation, filling or pile driving in a

rivers, on the bottom surface operations include in

the watercourse is less than or equal to 500 square meters,



3. construction of an installation, filling or pile driving in a

other waters than rivers, on the bottom surface


its activities cover in water is less than or equal to 3 000

square meter,



4. digging, excavation, dredging, blasting or other

similar action in a river, on the bottom surface

our work includes in the watercourse is less than or equal to 500

square meter,



5. digging, excavation, dredging, blasting or other

similar action in another body of water than water, if the

bottom surface operations include in the water sector is

a maximum of 3 000 square metres



6. the construction of a bridge or the construction or replacement of a drum

in a river with a medelvattenföring that is less than or equal to

1 cubic meters per second,



7. rerouting of a river with a medelvattenföring that

is less than or equal to 1 cubic meter per second, if the action is not

related to land drainage,



8. closure or replacement of a cable, a tube or a pipe

in a body of water,



9. disposal of up to 600 cubic meters of surface water per day from

a water course, up to a maximum of 100 000 cubic metres per year, or

provision of facilities for this purpose;



10. the disposal of not more than 1 000 cubic metres of surface water per day

from another body of water other than streams, up to a maximum of 200 000

cubic metres per year, or the provision of facilities for this purpose;



11. utrivning of a water system incurred as a result

by an activity within the meaning of 1-10,



12. amendment of a registered water operations according to 1-10, or



13. modification of a tillståndsprövad within the marine sector, if

the change is a notifiable activities according to 1-10.

Regulation (2007:168).



section 20 of a notification under section 19 shall



1. be in writing in duplicate or electronically, and



2. contain the information, drawings, maps and technical

descriptions as well as the environmental impact assessment (EIA) in accordance with Chapter 6.

the environmental code as needed to the authority shall be

assess the nature, scale and impact on the environment and

nearby real estate. Regulation (2007:168).



section 21 regulatory authority shall immediately send a copy of the notification

to



1. the Municipal Board, and



2. Marine and water authority, if it can be assumed that the

General fishing interest affected by the operation.

Regulation (2011:630).



section 22 of the supervisory authority shall give the State and municipal

authorities and organisations and individuals can have a

particular interest in the matter to submit their comments in

notification case. Regulation (2007:168).



section 23 When reporting the case is sufficiently investigated, shall

the supervisory authority



1. decide on the ban for the operator needed

According to the environmental code,



2. submit to the operator to



(a)) take the precautions needed in accordance with the environmental code,

or



(b)) to apply for a licence pursuant to section 11. paragraph 9 of the Environment Act, if it

necessary with regard to the impact on the environment or

individual interests, or



3. If there is no need for any prohibition or injunction under 1

and 2, notify the person who has made application for non-

give rise to any action by the authority.



In the assessment of the impact on individual interests

the supervisory authority must pay particular attention to whether, in the case

There is a claim for



1. Special forced right under 28 Cape. section 10 of the environmental code,



2. compensation under Chapter 31. section 16 of the environmental code, or



3. redemption according to chapter 31. section 17 of the environmental code.

Regulation (2007:168).



Supervision and fees



section 24 of Regulations on supervision, see 26 Cape. the Environment Act and in

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see Chapter 2. 4, 29 and 31 of the regulation for environmental inspections.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for examination and supervision under the Environment Act.

Regulation (2011:30).



Appeal



section 25 of the 19 Cape. 1 paragraph environmental code and Chapter 1. section 2 of the

the first paragraph and Chapter 5. Act (2010:921) on land and

environmental courts, there are provisions for appeal in

special cases.



The environmental protection agency, marine and water authority and

Financial and administrative services agency may appeal the County Board's decision relating to

issues on land drainage. Regulation (2011:630).



Penalties and forfeiture



section 26 of the 29 Cape. the Environment Act provides for penalties and

forfeiture. Regulation (2007:168).



Transitional provisions



2007:168



1. This Regulation shall enter into force on 15 May 2007.



2. Older regulations apply in cases of

water operations initiated prior to the entry into force.



The annex has been repealed by Regulation (2013:1173).