Law (1995:1649) On Construction Of Railway

Original Language Title: Lag (1995:1649) om byggande av järnväg

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Chapter 1. General provisions



1 § With rail tracks under this law for

railway traffic. To hear a track and other tracks

fixed appliances needed for track stocks, operation or

use, signal and security installations in General,

the traffic control facilities as well as facilities for the supply of electricity

of the traffic.



The provisions on rail is also applied on the subway and

tramway. If a subway or tramway built with the aid of a

detailed plan under the planning and building Act (2010:900),

the provisions of this Act do not apply. Law (2012:440).



1 a section Of some issues of railway systems, there are special

provisions of the Railway Act (2004:519). Act (2004:523).



2 section With construction of the railroad intended to build a new railway and

the construction of a railroad.



An operation on an existing railway shall not be considered to be construction

by rail if



1. the measure requires only marginal additional impact on

the environment, and



2. interested property owners or holders of special rights

in writing acknowledged that land or other space may be taken into

claims. Law (2012:440).



3 § at the planning of the railway and for the examination of cases

on the construction of the railway will be 2-4 Cape. and Chapter 5. paragraph 3 of the

the environmental code, shall apply. The fixing of the railway plan under

This law should then be compared to issuing a permit

According to the environmental code.



At the design, construction and maintenance of the railway,

taking into account the interests of both individual and General

interests such as environmental protection, nature conservation and cultural environment. A

aesthetic design should be pursued. Law (2010:892).



4 § When a railway being built to be given such a position and

be designed so that the railway can be achieved with minimum

intrusion and inconvenience without undue cost. Consideration should be given to

urban and landscape and natural and cultural values.



If a rail plan means that land or other space or

special rights to land or other space may be taken in

claims pursuant to Chapter 4. § 1, the plan shall be designed to

benefits that can be achieved with it outweigh the disadvantages

the plan is causing the individual. Law (2012:440).



4 a of the Zoning and other trial under this law as

relating to the use of a land or water area which also has

been tried or to be examined under other law, shall be coordinated with the

the planning and examination, if appropriate.



Provisions of plans and planning documents, see Chapter 6. 19

and 20 of the environmental code. Law (2012:440).



section 5 within the area covered by the plan or area regulations

get a railway not be built contrary to the plan or the regulations.

If the purpose of the plan or the provisions not countered, may, however,

minor deviations may be made.



A railway must not be built so that the purpose of the safety regulations

or other special provisions for the use of urban land

or water. If there are special reasons, Government,

or authority the Government, grant derogations from the

such provisions.



section 6, If a property granted to leasehold, as in

This law is prescribed if the property owner or property

apply at tomträttshavaren or leasehold.



section 7 of this Act, of course, with distinct rights to property

usufruct, easements and right into electrical power, and similar

right.



section 8 When the activities that have been undertaken by rail are

the operator is obliged to remove the plants and take

other measures for the recovery of affected areas in the

extent necessary to prevent disturbances or

inconvenience in the future. Act (1998:850).



Chapter 2. The rail plan, etc.



When a railway plan shall be established



§ 1 The who intends to construct a railway shall establish a

the rail plan.



A railway plan need not be established for industrial tracks

or port line to be built entirely on private property.

A rail plan must be drawn up in order to shut down a

level crossing, even if the action is not the construction of the railway.



If a rail need be built or rebuilt due to a

road projects, the railway instead governed by a vägplan

According to paragraph 20 (b) of the traffic Act (1971:948). In that case,

2-17 sections do not apply. For the purposes of the application of other

provisions of this Act shall, as regards the road plan

the railway, be assimilated to a railway plan. Law (2012:440).



Consultation



section 2 of The who intends to construct a railway shall work with

to establish a railway plan to consult with the County Administrative Board, the relevant

municipalities and individuals particularly affected. If the railway plan

have significance for public transport, the consultations also take place with

relevant regional public transport authorities. Consultation should refer to

the railway's location, design and environmental impact.



If the railways are likely to have a significant environmental impact should



1. consultations also take place with the other government agencies as well as the

General and organizations likely to be affected, and



2. the consultation also relate to the content and presentation of such

environmental impact assessment (EIA) to appear along with the

railway plan.



The County Board shall ensure that the environmental impact assessment

gets the scope needed for the examination of

railway plan.



During the consultation, the municipality concerned permit derogation from the

requirements for building permits for warehouses, material yards, walls, plank and

transformer stations. Law (2012:440).



section 3 of the consultation should be initiated as early as possible and adapt

After the needs of the individual case.



Anyone who intends to construct railways to develop a basis for

the consultation and make it available, as well as the individual who can

likely to be especially interested an opportunity to be heard.

Law (2012:440).



section 4 of the County Board shall in consultation to ascertain whether the project can

likely to have a significant environmental impact.



The examination shall be made by the County Administrative Board in whose territory

the project will mainly be carried out after consultation with the other

relevant county administrative boards. The County Board shall not decide the matter

before the construction of the railway has given the individual

likely to be especially interested the opportunity to comment

According to paragraph 3 of the second paragraph.



The Government may provide for some kind of project

under this Act shall be presumed to have significant effects on the environment.

Law (2012:440).



paragraph 5 of the consultation process may be simplified if



1. railway plan only applies to the amendment of the plan for a

railway construction which has not yet been completed, and



2. the change is not likely to have significant environmental effects.



The owner of real property in whole or in part may be

in the claims must, however, be given the same opportunity to be heard.

terms of the relevant holders of special rights to such

real estate. Law (2012:440).



section 6 of the consultation on a railway location and design in detail

need not be made if



1. railway plan applies only to measures that have been tried

or should be examined through detailed plan under the planning and building Act

(2010:900),



2. the investigation in the case detailed are sufficient and up-to-date

the rail plan, and



3. consultation in zoning case occurs or has occurred in all

those who are subject to the consultation provided for in article 2 of the first and second

paragraphs.



If the consultations in local planning case is completed and consultation is not

has been done with all 3 under the first paragraph, it is sufficient

that consultation with those who have not been the subject of consultation.

Law (2012:440).



section 7 If a project likely to have significant effects on the environment

in another country, Chapter 6. section 6 of the environmental code, shall apply.

Law (2012:440).



Tillåtlighetsprövning



section 8 If a project should be tillåtlighetsprövas according to chapter 17. paragraph 3 of the

the environmental code, which intends to build railroad submit

the matter to the Government with their own opinion. The matter should

be submitted when the who intends to construct the railway has taken

position to which options are reasonable and ranked

These.



The case should contain an environmental impact assessment and the

other documentation needed for tillåtlighetsprövningen. When

the dossier is developed, the procedure for the rail plan in 2-4, 7

and 12 §§ apply.



The environmental impact assessment shall comply with the requirements of Chapter 6. 7 §

the environmental code and approved by the county administrative boards concerned before

the case is announced. Law (2012:440).



Railway plan's content and data to plan



section 9 of the railway plan should contain a map of the area

the plan covers. Map to show the railway's route and

main design and the mark or the space and the

specific rights that need to be mobilised for the railroad

and to build the railway.



The plan should also include information on



1. protective measures and precautions to be taken to

prevent disruption and other inconveniences from traffic or

the plant,



2. activities or measures pursuant to the provisions of

Environment Act shall be exempt from the prohibitions or obligations under

the beam, and



3. measures which are exempted from the requirements for building permits for warehouses,

material yards, walls, plank and transformer stations with

under a consent from the concerned municipality.



Along with the plan, the following supporting documents exist:



1. a statement of the reasons for the choice of location and

the design of the railway,



2. a summary of the comments received during

consultation and information on how the comments have been taken into account

(consultation report),



3. an environmental impact assessment or, if a rail project


not likely to have significant environmental impacts, information about

the business's foreseeable impacts on human health and the

the environment, and



4. the other information needed to complete the project.

Law (2012:440).



section 10 of The environmental impact assessment shall comply with the requirements of Chapter 6.

section 7 of the environmental code.



The environmental impact assessment shall be authorised by the relevant

County administrative boards before it is published in accordance with section 12. Law (2012:440).



section 11 of the environmental impact assessment is not required which is

especially prepared for the rail plan



1. railway plan applies only to measures that have been tried

or should be examined through detailed plan under the planning and building Act

(2010:900), and



2. the environmental impact assessment in zoning case be taken into

Railway case and is current and sufficient for this case.

Law (2012:440).



Announcement and review



section 12 of The intending to build a railroad to announce the proposal

to the railway plan and the basis for this and let it

are reviewed. If an environmental impact assessment has been prepared,

This published and made available to the public under 6

Cape. paragraph environmental code.



If the proposal deals only with measures that have also been tried or

should be examined through detailed plan under the planning and building Act

(2010:900), the proclamation should be coordinated with the announcement that

the zoning case. Law (2012:440).



section 13 notwithstanding section 12 need a proposal for

railway plan exclusively for amending the plan for a

railway construction which is not yet completed, just published and

reviewed on



1. the change is likely to have significant effects on the environment,

or



2. someone else's property or portion of property need to be taken in

claim or a particular right to such real estate needs

be revoked or limited, and the measure is not granted in writing

of affected property owners and holders of special rights.

Law (2012:440).



14 § notwithstanding section 12 need a proposal for

the railway plan is announced on the proposal



1. is not of great importance or has fundamental importance,



2. not likely to have significant environmental effects, and



3. no interest to the general public.



Anyone who intends to construct the railroad should instead give

the County Government, municipalities and the individual concerned that particularly

concerned the opportunity to approve the proposal or to within three

weeks review it and provide comments. Audit time will

be made shorter, if all concerned are in agreement.

Law (2012:440).



Determination of a railway plan



section 15 of the Transport Department is trying to establish a

the rail plan, after consultation with the relevant county administrative boards.



The Transport Department shall submit the question of determining the plan to

Government for redress if the DMV and the State Provincial Office has

different opinion.



The content of an environmental impact assessment as well as the results of

consultations and opinions must be taken into account when the question of defining

the railway plan is tested. A decision to establish the plan shall

be published. If consultation has taken place with the responsible authority in a

other country according to Chapter 6. section 6 of the environmental code, the responsible

authority in the country informed. Law (2012:440).



When the decision to establish a railway plan expires



paragraph 16 of the decision to establish a railway plan expires

five years after the year in which the decision was given the force of law unless

construction of the railway started.



If there are serious reasons, the time of validity is prolonged by the

a maximum of two years.



A decision to extend the validity period shall be published.

Law (2012:440).



section 17, a decision to establish a railway plan should be repealed,

in whole or in part, on the conditions after the decision has been changed

so that the conditions for establishing the plan no longer

are met.



A decision to suspend a railway plan should be published.

Law (2012:440).



Departure from the railway plan



section 18 When a railroad being built, only insignificant deviations

be made from the plan. If such a derogation is made in terms

If the land or the space under the plan shall be in

claims for the railroad, it shall immediately be recorded in a

additions to the plan. Law (2012:440).



Joint planning of railways and roads



section 19 of The railway plan and a vägplan under the traffic Act (1971:948)

may be made out of a common procedure and determined by

a decision.



Construction of public roads that are needed because of the

rail projects like a railway plan may be regulated by

railway plan. Law (2012:440).



Handling of private road



section 20 Of the construction of a railway or the suspension of a

level crossing means that a single path need to be built or

to changing circumstances arise that substantially affect

road handling for such a path, which builds railways

or rail infrastructure managers, if necessary, request

Ordinance under construction Act (1973:1149) to arrange

road handling of the individual route. Law (2012:440).



Authorization



section 21 of the Government may provide for



1. consultation in accordance with paragraphs 2 to 6, and



2. railway plan according to §§ 9-11. Law (2012:440).



Chapter 3. Occasionally the requisitioning of land, etc.



section 1 of the Transport Department, and with the permission of the county administrative board other

intending to build a railway, has the right to have access to

a property in order to execute the measurement or double poling,

survey of basic or other preparatory action

the construction of the railway. Anyone who intends to construct the railway,

notify the property owner about the estimated time of entry.

In a garden, park or the like planting, trees or

shrubs do not get damaged or be folded without the property owner's

consent. Otherwise, damage to the extent possible, be avoided.



The police authorities shall provide the necessary assistance to

the measures to be implemented. Law (2012:440).



section 2 Of the railway land specified in a defined

railway plan shall not without the permission of the Finnish transport agency construction

buildings, remodel, carried out other plants

or taken other actions that could significantly complicate

the site's use for railway purposes. The ban applies from

the decision to establish the railway plan communicated and

ceases to apply if the decision to suspend

declaratory decision or if the plan otherwise ceases to

apply.



The ban does not apply in the case of measures which are legally

has begun before the ban took effect.



If action has been taken in breach of the first subparagraph,

The Finnish transport agency take the necessary steps for correction.

The police authority shall provide the assistance needed to

correction to occur.



What is said in this paragraph on railway land also applies

other space intended for rail. Law (2010:93).



3 § If land or other space in the vicinity of railway land in

a fixed rail plan has been set aside for storage or

similar purposes in connection with the construction of the railway,

ground or space occupied with access rights in

as indicated in the plan. Law (2012:440).



3 a of the County Board may decide that the right to use land

or other space should be granted for temporary rail if



1. a railway cannot be used without risk of accident on

because of ongoing work, landslide, flood or by other

cause, and



2. rail infrastructure managers.



The right of use to be granted for the duration of a temporary railway

required as a result of the obstacle. Law (2012:440).



4 section About trees or shrubs next to land or other space

to be used for railway causes inconvenience to traffic or

operational safety on the railways, the provincial government may decide that the

should be removed or pruned by rail

infrastructure manager. At the time of the decision,

the County Government announce the conditions needed. Law (2012:440).



Chapter 4. Redemption and remuneration



§ 1 the person in accordance with an applicable railway plan to build

a railroad that cater to a general transportation needs, solve

such land or space under the plan not only

temporarily be used for railway purposes.



Troubled land or space may be resolved under

the first paragraph of special rights, the right to be resolved.

Act (2005:944).



section 2 If the property owner so requests, it shall, in accordance with

a current railway plan to build such a railway referred to

paragraph 1 of the solve such land or space under the plan

not only temporarily be used for railway purposes.

Act (2005:944).



2 a of the property or portion of property shall, on

property owner's request be redeemed even if it does not yet exist

any current rail plan



1. it is likely that the property will be needed

railway purposes, and



2. There are serious reasons to get the property or part

of this redeemed. Law (2012:440).



§ 3 If the authorisation pursuant to Chapter 3. 2 § refused, the property owner and

holders of special rights to the property eligible for

replacement of the intending to build the railway for the damage

suffering due to ongoing land use significantly impeded in

the relevant part of the property.



section 4 of The who intends to construct a railway to pay damages to

as a result of measures referred to in Chapter 3. § 1 and

of that mark or another space appropriated pursuant to Chapter 3.

3 or 3 a §. Rail infrastructure managers to replace

damage as a result of measures referred to in Chapter 3. 4 section.

Law (2012:440).




§ 5 in the case of redemption and remuneration to expropriations Act

(1972:719) shall apply, to the extent that the divergent provisions do not

be notified of this law. If an action in a case brought by a

property owners or holders of special rights to a

property must be dismissed, apply the provisions of chapter 15. section 8

the planning and building Act (2010:900)

the costs. Law (2010:915).



section 6 of the application for redemption may be brought even if the decision is to lay down

the railway plan is not final.



Chapter 5. Appeal, etc.



section 1 of the Finnish Transport Agency's decision may be appealed to the Government. Decision

According to Chapter 3. However, section 2 of the appeal in General

Administrative Court.



Leave to appeal is required for an appeal to the administrative court.

Law (2010:93).



1 a of the Swedish national decisions concerning the adoption of a

the rail plan may be appealed by such a nonprofit organization or

other legal entity referred to in Chapter 16. section 13 of the environmental code.

Law (2010:892).



section 2 of the County Administrative Board's decision pursuant to Chapter 3. 3 a section may be appealed

to the Government.



The County Administrative Board's decision pursuant to Chapter 2. section 4, first paragraph, section 8

third subparagraph or paragraph 10(2) shall not be appealed.



Other decisions by the County Board may be appealed to the General

Administrative Court. Leave to appeal is required on appeal

to Chamber properly. Law (2012:440).



section 3 of the Swedish transport administration and municipalities may appeal the County Board

decision. Municipalities, regional public transport authorities in accordance with

Act (2010:1065) if public transportation and regional planning agencies

According to Chapter 7. the planning and building Act (2010:900) may appeal the

The Finnish Transport Agency's decision. Law (2010:1066).



4 section in an authorisation decision, decreed that the decision shall

apply immediately.



Transitional provisions



1995:1649



This law shall enter into force on 1 February 1996.



The law does not apply to the construction of such a section of a railway for

any land or building work commenced before the entry into force

or for which an application for an expropriation permits received by

four months before the date of entry into force. If a railway cannot be divided up in

sections, apply the foregoing to the whole railway.



1998:850



1. this law shall enter into force on 1 January 1999.



2. The obligation to take remedial measures as referred to in Chapter 1.

section 8 also applies when the railroad was added before this law

date of entry into force.



3. A case should be handled and assessed according to older

provisions, if in the case included a

environmental impact assessment which, at the entry into force of this law

have been handed over to the provincial government for approval under 2

Cape. 4 section. The provisions on environmental quality standards in the environmental code

shall be applied immediately.



2010:829



1. this law shall enter into force on 1 August 2010.



2. Older rules still apply for compensation

According to



a) Chapter 4. paragraphs 1 and 2, if the application for redemption is brought before

entry into force, and



Chapter 4, section b). 3 and 4 sections, if the decision pursuant to Chapter 3. 1, 2, 3 or

paragraph 4 has been granted before the entry into force.



3. In the cases referred to in 2, references to the

Expropriations Act (1972:719) refer to the act as amended by the

end of July 2010.



2012:440



1. this law shall enter into force on 1 January 2013.



2. Older rules still apply for planning applications as at

entry into force contains an environmental impact assessment for a

the rail plan that has been submitted to the provincial government for approval

According to Chapter 2. section 2 of its older version.



3. Older regulations in Chapter 3. paragraphs 1 and 3 are still valid for a

railway plan laid down before 1 January 2013.



4. The provision in Chapter 2. 16 section is not applicable to a

railway plan laid down before 1 January 2013.

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