Advanced Search

Act (1998:812) With Specific Provisions On Water Operations

Original Language Title: Lag (1998:812) med särskilda bestämmelser om vattenverksamhet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Chapter 1. Introductory provisions



section 1 of this Act is applicable to water operations and

water plants. Provisions for water operations and

water features can also be found in the environmental code.



section 2 of the definitions found in the environmental code also applies in

This law.



§ 3 When water operations under this law shall be conducted within

the framework of a community, shall ensure that each of the

the participants are met without material prejudice of any other

participants.



section 4 If, upon the granting of permits for water operations shown

the operations without substantial change can be carried out so that the

causes a significant benefit for someone else, shall, at the request of

This condition will be notified of this. Such conditions shall not, however,

be notified if there are conditions to form a

Community under this Act.



Whoever gets the benefit referred to in the first subparagraph shall pay reasonable

compensation to the licensee.



A licensee who receives a fee because of the conditions

referred to in the first subparagraph are entitled to compensation under Chapter 31.

the environmental code.



Chapter 2. Control over water, etc.



§ 1 to pursue water operations shall

the operator have divested over the water in the area

where the activity is to be carried out.



section 2 of each of the water contained in his

property. Resourcefulness over a real estate water may also be someone

have the effect of lease of the property owner or, under

What is legally required, compulsory acquisition.



section 3 of the running water is each side's owner over an equally

a large proportion of the water, although a larger part of the water flows

up on one man's property than on the other's.



section 4 of The who want to undertake water operations has for this purpose

resourcefulness as specified in section 1, if vattenverksamheten means



1. water regulation,



2. water source for public water supply, General

heat supply or irrigation,



3. land drainage,



4. water operations needed for public roads, public channel

or general port,



5. water operations needed to combat pollution

through the sewage, or



6. water operations needed for the railroad.



paragraph 5 of the State, municipalities and water associations have divested as specified in

1 § to carry such water operations that are desirable from

General environmental or health point of view or that promotes fishing.



The one who depends on water conditions made up also

such resourcefulness to perform cleanups to maintain

the water depth or location or to immediately restore

a stream that has gone out from its previous location or

any other way has changed its course.



6 § Performed cleanup or other measures referred to in paragraph 5 of the

second subparagraph, scavenging the masses are laid on the nearest beach,

If it does not cause considerable inconvenience from public or

single point of view. The masses may otherwise be allocated to an appropriate

place nearby.



The land owner must be informed before the cleanup masses are added

up. The one who puts up the masses are obliged to take measures

to prevent or reduce damage by the organisation. Requirement

does not apply to actions leading to the operator

thereby suffer unfair costs.



The one who puts up the masses, thereby harming another's

property, shall pay compensation for what is damaged. Compensation

shall only be paid for damage that persists then

preventive or remedial measures have been carried out.



section 7 of the owner of the beach at someone else's waters has the right

that of their real estate needs have smaller Jetty, boathouse, or

any other such building on the banks, if not vattenområdets

owner, the building suffers damage of any significance.



In Chapter 1. section 6 of the land code contains provisions relating to other

than Beach owner can have that right.



section 8 belongs to a case reach different owners, get one of them

benefit from hydroelectric power in the whole distance, if this owner

prevails over more than half of the force due to ownership

or other right that applies to all and not limited

to time. Account shall be taken of the force that responds to

shares in such a Community referred to in Chapter 1. paragraph 3 of the

real estate formation Act (1970:988).



This also applies when someone in a hydroelectric plant would

benefit from hydroelectric power in case the routes included in the various

watercourses, where the joint exploitation is one from

a technical and economic point of view, the necessary condition for the

the power plant's Genesis.



§ 9 the Government may decide that a current event, or special

entitled to it may be claimed, if someone who would benefit from

to hydroelectric power has applied for it and to

the power supply should be developed systematically is essential

that there is such a current case that someone other than

the State has and that are not utilized in one from General

point of view effectively.



Anyone who has received an authorisation as referred to in the first subparagraph shall

within one year of the authorization granted to apply for

respect of the land and Environment Court for what

occupied under the first subparagraph. If the application is not made

in the meantime, the State ceases to apply.



The right to take the current drop in claims because of a decision in accordance with

the first subparagraph shall not, without the consent of the Government move from

holder to another.



The Government may determine the conditions for the exploitation

needed from the public point of view. Law (2010:937).



section 10 of the operator of a management permit or supervise a

water availability under section 2 is guilty of serious

water scarcity refrain the water is essential

for the public water supply or for any other

General need, if the water shortage caused by drought or any

other comparable circumstance.



The one who suffers damage by water are entitled to equitable

compensation.



The County Board may under penalty to the carrying on

the business or control water supply to observe their

obligation under the first subparagraph. The County Board may decide

the decision shall apply even if it is appealed.



Chapter 3. Land drainage communities



General provisions



section 1 applies for the permit under the environmental code for a

land drainage activities shall be conducted so that it becomes

useful also for another property, if requested by the owner of the

the second property, and it is necessary to consider appropriate. The owner of the

real estate for which mark dewatering benefit shall participate

in the business. Obligation to participate in other soil drainage than

However, only where trenching is requested by the owner of the

real estate, which gets more than half of the estimated benefit of

the business.



The first paragraph also applies to clients that are not

property owners, if the road leads to a significant impact on

Mark dewatering.



section 2 Of the construction and operation of business constitute the participants a

common facilities. The State of operations and facilities

and rights belonging to the business is taken for

participants.



When a community has formed, applies to the community what

as in this Act and the Environment Act provides for

holder or owner of a facility.



Redeemed land is collective for the real estate owned at time of redemption

of participants in the community and covered by soil dewatering.



3 § the cost of activities that make up the soil drainage

be distributed among the participants on the basis of the speech which is determined

According to what is equitable having regard mainly to the benefit was

and a feature of the business.



Land drainage shall be divided into sections that are separated by

account of differences, if taking into account differences in

natural conditions or for any other reason can be assumed to

a certain area would get a significantly smaller expense in

relative to the benefits of soil dewatering of another area

had not been the subject of business.



What the participants have agreed on the cost allocations shall

basis for a decision, if secured creditors

mortgages on the real estate owned by the participants and the scope of

Mark dewatering permits. If a property is responsible for

Joint mortgage, in addition, the consents from

property owners and creditors as provided for

relaxation in Chapter 22. section 11 of the land code. Consent of its legal owner

is not required, if the agreement is not having a material impact

for them.



section 4 of the provisions of paragraphs 1 to 3 shall not apply in the case of

land drainage applied for by someone other than an owner of a

property or a road.



Land drainage and diversion of waste water



paragraph 5 of the Can wires for a land drainage with integral advantage

be used to divert wastewater from a property, shall

the owner of this property take part in operation, if the owner

or the applicant to mark dewatering shall so request.

apply even when the diversion of waste water from the business

the area of a public water and sewage plant. What

How about the property's owner shall instead apply the principal

for the plant.



section 6 of the cost of the construction and operation of a joint management

allocated between land drainage and sewage interest

with regard to the amount and the type of water supplied to the

management as well as to what would be considered reasonable with respect to

stakeholder benefits from management.



This also applies to the allocation of costs between

waste water stakeholders.



As regards agreements between the stakeholders shall apply paragraph 3 of

third paragraph.




Article 7 the provisions of §§ 5 and 6 of the diversion of waste water

from real estate may also apply in the case of the diversion of

waste water from buildings and structures that are not related to

any real estate, if it can be done without the inconvenience of importance for

the other participants.



§ 8 the provisions of §§ 5-7 does not apply to the diversion of

wastewater from individual properties within the area of operation

for a public water and sewage plant.



Land drainage and road companies, etc.



section 9 Shall for land drainage the water drain built by a

path or a drain through a road be widened or deepened and

the road authority would carry out the operation, the road authority entitled

to this.



It is not unreasonable, such measures shall be borne by the

the road authority, if action is needed for the dewatering of 1.2 meter

depth of field and meadow like since the creation or since

at least twenty-five years from the date of the request for action

been to assign to the field or meadow. Road holder's

free of liability shall not apply in the case of ägovägar or

equivalent paths, nor in the case of bridges and other

water operations that have been carried out in accordance with

authorisations granted in accordance with the environmental code, the water code

(1983:291) or water Act (1918:523).



If the road authority has not been free of liability referred to in the second subparagraph,

the measure shall be borne by the land drainage is done.



section 10 If the road authority has under section 9 other

paragraph considerably exceeds the value of the damage that occurs if

the operation is not carried out, the road authority instead to fund

the operation to pay compensation for the damage.



section 11 If a road is to be built or modified and a landowner requests

to a water drain for a future land drainage shall be

by the way, the road authority shall perform the operation if it can be done

without the inconvenience of the future fitness. In the case of

cost responsibility for the increase in the cost of construction and operation of the

the way that measure applies, section 9, second and third subparagraphs

and section 10.



Such a request must be filed with the road authority or, in the

ask about private road for which there is as yet no

chassis of the obligation, which deals with

the Road Ordinance. The request shall be in writing and in the case of

more comprehensive measures be accompanied by a plan for

Mark dewatering.



section 12 the provisions of §§ 9-11 does not imply any restriction on the

the right as the road authority or landowner may be based on judgment,

agreement or any other specific legal basis.



section 13 the provisions of §§ 9-12 also applies in the case of embankments

for railways, metros and tramways.



Chapter 4. Irrigation corporations



§ 1 if multiple applicants for permits under the environmental code to

out of the same water source for irrigation water availability and water

need to be divided between them, getting the message of

State determined that the licensees shall constitute a

common facilities for such distribution (irrigation community).



If anyone has a permit for a water source for irrigation

and anyone else seeking permission for a new water source for

irrigation from the same water supply, soil and

Environmental Court, if there are special reasons, upon notification of

the new State determine that licensees shall constitute

an irrigation community. If a community is formed according to the

first subparagraph may instead be determined that the person has already

permits shall be included in the community.



If, then a community has formed, someone makes an application for

a new water source for irrigation from the same

water availability, the land and Environment Court upon notification of

condition to determine the authorization subject to

shall be included in the community. Law (2010:937).



section 2 of the participants in an irrigation community benefits

available water between themselves, if necessary due to

water shortages, or any other circumstance or if any

participants do not make use of their right to take water. At

distribution, the conditions of which have been determined by

land and Environment Court in connection with the permit

It was announced. Law (2010:937).



3 § where appropriate, land and Environment Court

that common facilities for irrigation will be set up for

all or some of them to be included in the community.

Law (2010:937).



paragraph 4 of the joint facility may only be established for such

participants in the community for which it is essential

importance of having part of the plant.



A single plant may not be set up if they are to participate

in the plant more widely opposes the measure and has

noteworthy reasons. At this trial shall primarily

their opinion is taken into account that have the greatest advantage of the facility.



The second subparagraph shall not apply, if the need for the plant is

extremely important to meet the opposing General

and individual interests.



paragraph 5 of the joint facility and access to space is the joint

for those who participate in the facility. Participants respond in common

for the design and operation of the facility.



Land which has been redeemed for common plants are joint

for the real estate at redemption is owned by participants in

the community and covered by irrigation operations.



section 6 of The irrigation community management costs and

costs for the construction and operation of joint facilities

be distributed among the participants, according to what is reasonable with regard

mainly to the amount of water that any person may take out according to

informed consent. In accordance with this unit is determined for

each participant.



If there are special reasons, special unit-number can be determined

for a particular part of the business.



If appropriate, the costs for the operation of the joint

plants are distributed through contributions calculated on the basis

of the extent to which each participant takes advantage

the installations.



7 § What participants have agreed on the numbers and

basics for fee calculation shall be based on

land and Environment Court judgment, if the creditors with liens in

real estate owned by the participants and the scope of

watering business permit. where a property is responsible for

Joint mortgage, also require concessions from

property owners and creditors as provided for

relaxation in Chapter 22. section 11 of the land code. Consent of its legal owner

is not required, if the agreement is essentially irrelevant

for them, the law (2010:937).



Chapter 5. Water regulatory communities



Water regulation for power purposes



(1) at the request of the applicant for, or has obtained the permission

According to the environmental code for water regulation for power purposes shall

land and environment court decide that the owners of other current cases

who gets the benefit of the regulation shall participate in

regulatory activities. This shall be done if more than half of

business advantage relating to the current cases that belong to the

making the claim and those who joined him, and

each current case that the claim relates to the intrusion or can

is expected to be developed for power purposes in the near future.



If someone applies for or has a permit under the environmental code

to water regulation for power purposes, land and

Environmental Court, at the request of the owner of another current event

get the benefit of the regulation may decide that he should participate in

the business. Law (2010:937).



paragraph 2 of the decision under section, represents all participants in

regulatory activities a community for performing and operating

of the business. The State of the business and

facilities and rights belonging to it are United for

participants.



When a community has been established in this law apply, and

in the Swedish environmental code provided on the holder or owner of a

facility rather than the community.



Redeemed land is collective for the real estate owned at time of redemption

of the participants in the community and to which their current cases

hear.



3 § the costs of regulatory activities are distributed among

the participants on the basis of the number that is determined by what

is reasonable in view of all of the benefits each has of

the business.



If a water regulation refers to several lakes or separate sections in

a stream and that because of this, several

pond building or special installations, shall, if it

needed, the costs for every such part of the business

be computed separately and be distributed according to the basics of the first

paragraph.



What the participants have agreed on the cost allocations shall

basis for land and Environment Court judgment, if

creditors with mortgages on the property for which the participants '

current cases include admits it. If a property is responsible for the common

In addition, the mortgage, the consents from

property owners and creditors as provided for

relaxation in Chapter 22. section 11 of the land code. Consent of its legal owner

is not required, if the agreement is essentially irrelevant

for them, the law (2010:937).



Water control for irrigation



4 section at the request of the applicant for, or has obtained the permission

to water control for irrigation, land and

the environmental court decide that others who have permission to

water source for irrigation and receiving permanent advantage

Regulation through improved opportunities to water to

participate in regulatory activities. This shall be done on the

making the claim and those who joined him on the

the business has greater advantage of regulatory activities than those

which the application relates.



If someone is applying for or have obtained permission to


water control for irrigation, shall at the request of any other

licensed to water source for irrigation and

permanent advantage of regulation through improved

opportunities to irrigate decided to participate in the

the business. Law (2010:937).



§ 5 in the case of water control for irrigation, 2 and

3 § § apply with the following exceptions.



Redeemed land is collective for the properties that, at time of redemption,

owned by participants in the regulatory area and for whose

irrigation regulation is done.



Participants share number is determined according to what is reasonable

attention mainly to the amount of water that each participant may take

out in accordance with the announced State to the water source.



For the purposes of paragraph 3, third subparagraph, first sentence applies

that consent shall be given by creditors who have liens on the

real estate owned by the participants in the regulatory area, and

for the irrigation settlement takes place.



Water regulation because of the agreement



section 6 of the regulations Has been granted permission to water to

the application of several common utilities to perform

activities, constitutes the applicants a common facilities for conducting and

operation of the business, unless they have agreed otherwise.



If water regulations, to which a permit has

submitted pursuant to the first subparagraph, refers to various kinds of purposes,

paragraphs 1 and 4 shall not apply.



section 7 of the regulations referred to in section 6 For apply water in

applicable parts



1. in the case of redemption: 2 paragraph and paragraph 5 of the second

subparagraph, and



2. in the case of cost allocation: section 3 and paragraph 5 of the third and

fourth paragraph.



Chapter 6. Fees



Bygdeavgifter



§ 1 The authorised to water operations shall pay a

annual bygdeavgift which is determined by the land and Environment Court

charged after charging units and defined classes under 2 and

3 sections, if the operation involves



1. operation of a hydroelectric plant,



2. water regulation relating to annual or flerårsreglering,



3. water conduction for any purpose other than force purposes,

or



4. ytvattentäkt.



Vattenverksamheten refers to the expansion of other water operations

or, if the expansion has been in the past, several other

water operations, for which authorisation has been granted in accordance with

the environmental code, a single fee shall be determined as for a

only business. This fee replaces earlier charges.



Bygdeavgift, in accordance with the arrangements announced

of the Government be used partly to prevent or reduce

such loss of vattenverksamheten or facilities for

This program has not been replaced according to chapter 31. the environmental code and for

to repair such damage, partly to satisfy the General

purpose of the countryside affected by vattenverksamheten or

facilities for this. Law (2010:937).



section 2 of the Charging device is



1. for hydro power stations: each device installed generator effect

that includes ten kilowatts next to 150 percent of the effect at

medelvattenföring and each device about 20 kilowatts of beyond,



2. water regulations: each unit of regulatory tray

space that includes 25,000 cubic meters next to 100 million

cubic meters, each additional unit of about 50 000 cubic meters next to the

1 000 million cubic meters and each unit about 100 000

cubic meter in addition to, and



3. for transfers of water and surface water supplies: each cubic metre

in the second of the quantity of water at most may be led away under

informed consent.



The fee shall not be paid for hydropower plants or

water regulations, if the number of contribution units is less than

five hundred.



section 3 Of the hydroelectric plant and water regulation is the fee

for each unit, if your business belongs to



class 1:0.5 per mille of the price base amount,



class 2:1 per thousand of the price base amount,



class 3:1.5 per thousand of the price base amount,



class 4:2 per mil of the price base amount.



For water transfers and water supplies is the fee for

each unit, if your business belongs to



class 1:5% of the price base amount,



class 2:10% of the price base amount,



class 3:15% of the price base amount,



class 4:20% of the price base amount.



With the price base amount "means the price base amount in accordance with Chapter 2. 6

and 7 of the social code for the year in which the fee

refers to.



At the assignment of the contribution class to take into account the

minor or major changes in water conditions

as well as the minor or major nuisances or benefits for

the district as vattenverksamheten or installations for this

causes. Law (2010:1273).



4 § Bygdeavgift shall be collected from the closest to the calendar year

After the year in which the permit for water operations was taken in

claims to the year when the business closed down.



Bygdeavgiften shall be paid before the end of each calendar year to the

the County Administrative Board in the county where the business is principally carried on.



Fishing fees



section 5 of the Land and Environment Court, the County Administrative Board or

the supervisory authority may, if it is more suitable, instead

to notify such conditions or directions as

referred to in Chapter 11. section 8 environmental code impose on the licensee

to pay a special fee for the promotion of fisheries in

the water affected by vattenverksamheten or within

any adjacent body of water. The fee can be determined

as a one-time fee or an annual fee.



The amount of the annual fee shall be calculated as of the land and

Environment Court, the County Administrative Board or supervisory authority

set the amount of the fee is multiplied by the number

Specifies the ratio between the price base amount in accordance with Chapter 2. 6

and 7 of the social code for the year in which the fee

to be paid and the price base amount for the year in which the fee

It was established. Law (2010:1274).



section 6 If water operations referred to in paragraph 1 or facilities for

This is likely to harm the fishery or will cause a not

insignificant change in the natural water level conditions,

the State of the business pay an annual

General fishing fee for the promotion of fisheries in the country.



The fee is determined by the land and Environment Court to be taken after

charge units and defined classes in accordance with §§ 7 and 8.



Refers to the extension of the water operations other water operations

or, if the expansion has been in the past, several other

water operations, for which authorisation has been granted in accordance with

the environmental code, a single fee shall be determined as for a

only business. This fee replaces earlier charges.

Law (2010:937).



7 § charge units are



1. for hydro power stations: each device installed generator effect

that includes ten kilowatts next to 150 percent of the effect at

medelvattenföring and each device about 20 kilowatts of beyond,



2. water regulations: each unit of regulatory tray

space that includes 25,000 cubic meters next to 100 million

cubic meters and each unit about 50 000 cubic meters in addition, and



3. for transfers of water and surface water supplies: each cubic metre

in the second of the quantity of water at most may be led away under

informed consent.



The fee shall not be paid for hydro power plants and

water regulations, if the number of contribution units is less than ten.



section 8 For hydroelectric power plants and water regulation is the fee

for each unit, if your business belongs to

class 1:0.05 per mille of the price base amount,



class 2:0.1 per mille of the price base amount,



class 3:0.15 per mille of the price base amount,



class 4:0.2 promille of the price base amount.



For water transfers and water supplies is the fee for

each unit, if your business belongs to



class 1:1% of the price base amount,



class 2:5% of the price base amount,



class 3:10% of the price base amount,



class 4:15% of the price base amount.



With the price base amount "means the price base amount in accordance with Chapter 2. 6

and 7 of the social code for the year in which the fee

refers to.



At the assignment of class fees shall take account of



– the extent to which fish and fishing occurs in the

waters affected by vattenverksamheten or

plants for this,



– the extent to which the water conditions and fishing

affected by the vattenverksamheten or plant for

This, and



– the extent of the obligations of the operator

has been imposed under section 5 or in terms or injunctive relief

According to Chapter 11. section 8 of the environmental code. Law (2010:1273).



section 9 If the annual amount of the General fishing fee is

call, the land and Environment Court or County Government

determine that the obligation shall be fulfilled by

one-time payment. Such conditions shall be notified of the

annual amount of the fee would be less than five hundred dollars.

Law (2010:937).



10 § an annual fishing fee under section 6, shall be withdrawn from the

the calendar year immediately following the year in which the works or other

actions affecting water conditions started or

When the decision on the legal explanation was given to the year when the

the business closed down.



Annual fishing fee under section 5 or 6 shall before the beginning of each calendar year

output is paid to marine and water.



Non-recurring fee payable to marine and water

at the latest at the time specified when the fee is determined.

Law (2011:610).



Chapter 7. Examination of certain water operations



Application objectives



section 1 of the Regulations if the application targets can be found in chapter 21. 1 a of the

the environmental code. The application target is also the target of



1. resolution pursuant to Chapter 2. section 9 of the remuneration for the right to

take a current event,



2. establishment pursuant to Chapter 4. paragraph 3 of the joint facility for

irrigation, then a community according to Chapter 4. has been formed,



3. transfer in accordance with Chapter 8. section 3(1) of the law

to share power,




4. review of ongoing application target,

under section 17 of the first paragraph or a review under section 17 of the other

subparagraph, and



5. a declaration under section 18 of the agreement.

Law (2010:937).



Statement of goals



paragraph 2 of the statement of case is an action for



1. tearing or alteration of a water system, when the action

is based on the fact that the plant was not established in duly

or is not of the nature of cooking,



2. compensation for damage or intrusion by such a plant

referred to in paragraph 1,



3. compensation for damage by tearing a water system,

If utrivningen has taken place without permission, but such a State

would have been useful, or replacement, without the context of ongoing

application targets, according to Chapter 11. the second paragraph of section 22 of the environmental code,



4. compensation under Chapter 2. section 10, second paragraph,



5. participation, without the context of ongoing application case, in a

water regulation under Chapter 5. 1 or paragraph 4,



6. Special coercive law, unrelated to ongoing

application targets, according to Chapter 2. the third subparagraph of paragraph 6 of this law and

28 Cape. 10-13 of the environmental code,



7. review under Chapter 8. section 2, second paragraph,



8. notice of provisions under section 16,



9. compensation under Chapter 31. 33 § environmental code,



10. compensation or others due to a water plant

are not maintained in accordance with Chapter 11. 17 or 18 § §

the environmental code,



11. compensation for damage due to water operations not

operated in accordance with the terms and conditions of a permit or an

authorisation decision or, if such conditions are missing, run so that

it by the action of water conditions detrimental to public or

individual interests,



12. compensation under Chapter 28. section 11 of the environmental code,



13. compensation, without the context of ongoing application target, according to

25 Cape. section 11 of the environmental code, and



14. distribution of water pursuant to Chapter 9. section 6.



Proceedings before the courts of the land and the environment the application objectives



paragraph 3 of the Rules of procedure before the land and environment courts

in the application target is also available in Chapter 22. the environmental code.

Law (2010:937).



section 4 If others object the execution of a hydroelectric plant,

the application shall contain an indication of the area under

the applicant should provide power falls real estate.



An application under section 1 shall contain drawings, along with

description of the location and nature of the current case, the

the offered compensation, as well as other information needed

in order to assess the issue of compensation.



An application under section 3 shall be accompanied by a

gravationsbevis concerning the property from which the right to

power unit to be moved over, both agreements

met with creditor with a lien on the property and other

its legal owner.



5 § before the land and Environment Court gives a judgment about

compensation for current cases to be disclaimed under Chapter 2. § 9 and

is the real estate deal, a map with description have

made out of the area and its boundaries have been characterised in the

regime applicable to real estate development.



Before the land and Environment Court gives a judgment authorizing

to a hydroelectric power plant, the Court shall ensure that there is

a suitable property, owned by the applicant, and with the right

to the exploitation of hydroelectric power for the future shall be

connected (power falls property). Law (2010:937).



section 6 of the Judgments in cases concerning water operations shall in addition to the

to the provisions of Chapter 22. section 25 of the environmental code, if appropriate,

include provisions on



1. the areas that may be used for vattenverksamheten and

the specific coercive rights otherwise granted to the applicant,



2. power falls real estate,



3. who should participate in a water regulatory or

the irrigation community and each participant's share number in question

If the cost of operations, and



4. terms and conditions for the provision of power and if

cost contribution.



Article 7 lays down rules for containing and dispensing

water to under exceptional circumstances meet

the safety of a water system and can damage follows

If the rules are not being used appropriately is estimated at

beforehand, the land and environment court defer the question of

compensation.



Claims on account of damage referred to in the first subparagraph shall be

the manner prescribed in Chapter 24. section 13 of the environmental code.

Law (2010:937).



The procedure before the land and environmental courts in the case



paragraph 8 of the Proceedings in the case brought by the application.



section 9 Preparation is written or oral.



Invitations and other communications to the Parties shall be notified.



section 10 if the case is decided without a main hearing otherwise than

referred to in chapter 42. section 18, first paragraph 1 – 4 the code of judicial procedure,

to the land and Environment Court have the composition specified

in Chapter 2. paragraph 4(1) the law (2010:921) on land and

environmental courts.



With respect to the submissions of the parties to submit written

defence or to appear at the oral preparation

or at the main hearing, and if the party's absence from a

such a sitting trial bar rules

on one thing, which mediation is not allowed.

Law (2010:937).



section 11 in respect of proceedings in the case of other

provisions on the application target in 22 Cape. the fourth paragraph of section 11,

sections 12 and 13, paragraph 16, 18 and 20, § § § 21 first

and the second paragraph and section 24 of the environmental code.



In the case under paragraph 2 of 6, also 22. 23 and 28 § §

the environmental code. If in such a case is a case of work to

prevent or reduce damage or inconvenience caused as a result of

activities under the code or this Act, also applies to 22.

section 14 of the environmental code.



section 12 if the defendant to respond to the claim makes an application to the

land and Environment Court under Chapter 21. 1 a of the first subparagraph

3 the environmental code, or if the revised rules on water bottling

According to paragraph 13 of this chapter, the proceedings are dealt with in its entirety as

an application case, unless proceedings under Chapter 21. 1 a of the

second subparagraph, environmental code still be treated as a

statement of goals.



Has the decision on the removal or alteration of a

water system issued by the land and Environment Court in a

statement of objectives, of the enforcement authority with the support of the law

(1990:746) on orders to pay and assistance or

by the supervisor in accordance with chapter 26. 9, 10 or 18 §

the environmental code and made an application referred to in the first subparagraph,

gets the land and Environment Court in application proceedings decide to

the decision may not be executed before the case has been finally

settled or land and environment court orders otherwise.

The applicant shall provide security for costs and damages.

Law (2010:937).



Permit validity, review, etc.



paragraph 13 of the Land and Environment Court can lay down the amended or new

provisions for containing and dispensing water after

application by other than the licensee, if he wants to take advantage of

hydroelectric power in its current case better, or at the request of

a municipality or a water Association which would satisfy the

General environmental health care or health services or promote fishing.

For the benefit of public waterways, public ports,

irrigation and land drainage communities as well as

sewer undertaking, such provisions shall be established on the application

by the principal.



Provisions that permit is required for certain activities and

operations, see Chapter 7. 28 a-29 (b) of the Environment Act.

Law (2010:937).



section 14 of the authorisation for the water source may be reviewed by the

land and Environment Court, on application by the operator of a

other water source that is dependent on the same water access or

of seeking permission for such a water source. In doing so,

owns what in Chapter 16. section 11 of the Environment Act provides for adjustment

of activities or preference to one business

the corresponding application. Law (2010:937).



section 15, at the request of the County Board or the tariff obligation,

land and Environment Court provide for the amendment of a

bygdeavgift or a general fishing fee that may be required with

account of the experiences of vattenverksamhetens effects

or to permanent obstacles that take advantage of the activities of the

intended scope.



The question of change of such a fee may also be addressed to

examination in connection with a review under Chapter 24. 5 and 8 sections

the environmental code and the 13 and 14 of this chapter. Law (2010:937).



section 16 is missing provisions for suspension or vintage of

water for a water operations or regulations if

the use of a water source or is announced rules

incomplete, the land and Environment Court on an action by the

suffer harm through the prevailing conditions such

provisions which are intended to prevent or to future

reducing injuries. The provisions do not change what is legally

may apply and also not harm third party rights.

Law (2010:937).



Changing conditions in the communities



section 17 If a judgment or order in accordance with Chapter 24. 5 or section 8

Environment Act or §§ 13-16 has an impact on the issue of a

community continued stocks, the circle of participants or

cost allocation between them, must be communicated to the amended

provisions required.



Ensues, then a community formed under this law, in

cases other than those referred to in the first paragraph modified conditions

not in the ring months has an impact on the question of the way of

business operation, the circle of participants or

cost allocation between them, may issue, upon application by a

participants reviewed by the land and Environment Court. Even without

such a situation has occurred, get a review take place, if

anyone want to join as participants or in the past


the decision provided that the issue may be reconsidered after a

certain period of time and this time has expired.



During the review, the provisions of water operations in

applicable parts.



The entering as part of a permanent community

shall be required to replace the other in a reasonable extent

the participants their costs spent in common

plants. What has been said now also applies where the cooperative's

is raised for a participant who is a member of a community.

Law (2010:937).



section 18 of the agreement that someone shall arise in or

withdraw from a community in accordance with this Act, to a participant's

unit number must be changed or that the Association shall cease

has the same effect as a judgment or a permit

authorisation decision, if the agreement on the application of a

participants are approved by the land and Environment Court. Such a

approval shall not be granted if it is clear that

the agreement is contrary to this Act. Law (2010:937).



Land drainage



section 19 of the County Board shall refer matters under the environmental code

If permission to land drainage to the land and Environment Court,

If it is made a claim for



1. that someone other than the applicant shall participate in

Mark dewatering,



2. Special coercive right under 28 Cape. section 10 of the environmental code, or



3. compensation under Chapter 31. section 16 of the environmental code or redemption

According to chapter 31. section 17 of the environmental code.



The County Board may refer matters under the environmental code for other

real estate than the applicant's may be affected.



The County Board shall submit, together with the case

observations on the impact of applied for on

public interests. In the opinion, particular importance should be attached to

nature conservation issues. Law (2010:937).



section 20 if a land consolidation are decided that a question about

land drainage shall be examined in accordance with the environmental code, this shall be

be notified by the surveying authority to the land and Environment Court.

The owners of the property included in the estate settlement

be considered as candidates.



The notification must be in writing and contain the same information as

an application for permission to land drainage. Law (2010:937).



section 21 Of the examination of a mark dewatering under

the environmental code produced claiming even someone other than

the applicant shall participate in soil dewatering, land and

the environmental court appoint a land drainage experts. A

land drainage expert shall be appointed also in cases initiated

by notification under section 20.



Any land drainage expert need not be appointed if there is

obvious how to solve the question of participation.



Land and Environment Court, even otherwise, appoint a

land drainage experts. Law (2010:937).



section 22 of the specific rules on jurisdiction to be

land drainage expert may be notified by the Government or the

the Government authority determines.



section 23 of That land drainage expert may not be appointed someone who

stand in such a relation to the thing or any of

the parties that the reliability might be considered diminished.



section 24 of The land drainage expert should consult with the applicant and

other interested parties and the authorities concerned of the

Mark dewatering.



section 25 of The land drainage expert may carry out inspection.

The applicant, other interested parties and the authorities concerned of the

Mark dewatering shall be informed about the survey.



26 § if necessary, on the occasion of the inspection, the

land drainage expert entitled to go into buildings, tread

estate, make measurements and ground investigations and carry out thereby

coherent or equivalent measures. In gardens or

similar plantings, trees do not get damaged or be folded without

the owner's consent. Otherwise, damage can be avoided, if the

is possible. The right to enter another's estate also has the one at

land and Environment Court for proceedings in the case.



The applicant shall pay compensation for damages incurred

through the measures referred to in the first subparagraph. Claim for compensation

must be produced before the case is decided.



The police authority shall provide the assistance needed to enable the

land drainage expert powers referred to in the first subparagraph

the first sentence shall be carried out. Law (2010:937).



section 27 if the applicant withdraws his application, the interested parties who

has made a claim to participate in the soil dewatering

be informed. If any player is missing or not in

the prescribed period request that the proceedings continue, the

the goal should be written off.



Interested parties on whose request the case be brought further considered then

as applicants.



section 28 proceedings initiated after the date of notification of

surveying authority under section 20 shall be written off, if

real estate regulatory Ordinance is cancelled. Handling

shall, however, continue, if the party who has brought the action in case

and that has been able to apply for land dewatering requests it.

Sakägarna informed about regulatory förrättningens suspension

at a meeting in the land and Environment Court, shall request

be presented at the meeting. In other cases, the request

be filed within the time limit set by the land and Environment Court

determines. Law (2010:937).



section 29 of The land drainage expert, to land and

the environmental court to submit an opinion. If the

land drainage expert considers that the application should be granted,

the opinion shall contain



1. proposals on how soil dewatering shall be designed, with

an indication of the environmental consequences of such a design will

to bring,



2. who should participate in soil dewatering, and



3. each participant's share numbers in terms of the costs of

the business.



The land drainage expert should at the same time with the opinion give in

their cost sheet. Law (2010:937).



Chapter 8. The unit-power



section 1 of the hydro power, available to be used by the other with the support

of Chapter 2. section 8 or by agreement, participate in the

the acquisition, if it is relevant to his activities

and if his power is based on ownership or

other rights that apply to all and not limited

to time. He is then entitled to a share in power generation

(power unit) and an obligation to contribute to the costs of

power plant design and operation, all in relation to

its stake in the hydroelectric power that will be available to be used at the

plant. The same applies in the case whose power

claims pursuant to Chapter 2. section 9, for compensation for the commitment

have not already been determined.



The obligation to provide unit-power is on

stream falls property.



The right to share power shall be associated with the property

to which Hydro has heard or right has

been transferred under section 3(1).



2 § in connection with a decision on the provision of

the cooperative effect, necessary provisions are notified of the terms and conditions

for the provision and cost contributions.



If conditions change, the power plant's owner or

the recipient of the force the right to a review of

the legal relationship between them. in the review may only

such amendments be adopted that involves material benefit for the

any of the parties without causing significant inconvenience to

the counterparty. If it is decided that the right to share power,

relieved for a consideration in money, applies the provisions of 31

Cape. the environmental code on handling claims for authorisation of

water operations.



paragraph 3, on application by the owner of a property that has the right to

cooperative force may be decided that the right to share power,

transferred to any other property belonging to the same

owner, if this can be done without injury to the creditors with liens

or other rights owners.



The right to share power may be granted by the owner of the

property that has this right. Contracts for leasing is not

binding longer than fifty years from the conclusion of the contract.

Leases for someone's lifetime, however, without limitation

for some time.



section 4 If the power set that is imposed as a cooperative force to be reduced in

the cases referred to in chapter 31. 22 or section 23 of the environmental code, or

as a result of the review to improve a water plant

security, is the recipient of the power required to

replacement withstand this decline to the same extent as

the owner of the power station from which the unit-power

is provided.



Chapter 9. Other provisions



section 1 examination of questions about water operations and

water installations shall apply provisions on real estate

also the mines. However, this does not apply in the cases referred to in

Chapter 3. section 2 of the third paragraph.



section 2 of the water operations shall be deemed to affect a specific property



1. when a claim is made on the obligation of the

owners to participate in the activities,



2. when the property or its water is used for

operations or for an installation in connection with

activities, or



3. when the activity can result in damage to the land or water

belongs to the property, buildings or facilities that are

on the property or on the property's use.



3 § If a security shall be lodged in accordance with this Act, or

the environmental code have not been approved by the for whose benefit the

is set, the security shall be examined by the County Administrative Board.



Bail may be approved by the County Government only if the guarantor

as for its own debt and, if more than one has signed the bail, the

respond jointly and severally.



The State, municipalities, county councils and municipal unions need not

provide security.



4 section at the request of someone who wants to engage in water operations but

who have not yet applied for permits, land and

Environmental Court, appoint an expert on

the expense of the operator doing the necessary studies.

Law (2011:610).




§ 5, upon application by the owner of a water system or by

anyone whose rights are affected by the facility, the County Administrative Board

appoint a surveyor to investigate whether the plant has

come to valid or is of Cook.



The applicant for inspection as referred to in the first subparagraph shall

pay the costs of the inspection by an amount

the County Board determines. If the Inspector so requests, the

who has made the application also must pay an advance on the

the costs of inspection.



6 § Are several properties dependent on the same ground water availability

for consumption for household needs, the water is distributed between

them according to what is reasonable, if the properties ' needs cannot be

be covered completely. In such a distribution, a property not

deprived of water, that the given location and natural

nature, old buildings, or other circumstances,

considered to have priority.



The allocation may be adjusted, if conditions have changed.



section 7 of the Land and Environment Court shall keep a list of

water operations within the area (water book) in the

extent that the Government provides. Law (2010:937).