Rs 746.1 Federal Law Of October 4, 1963 On Transport Facilities By Fuel Lines Or Liquid Or Gaseous Fuels (Law On Transport Via Pipelines, Room Facilities)

Original Language Title: RS 746.1 Loi fédérale du 4 octobre 1963 sur les installations de transport par conduites de combustibles ou carburants liquides ou gazeux (Loi sur les installations de transport par conduites, LITC)

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746.1 Federal law on transport facilities by fuel lines or liquid or gaseous fuels (law on transport via pipelines, room facilities) of October 4, 1963 (State on June 13, 2006) the Federal Assembly of the Swiss Confederation, the art. 23, 24, 26, 64 and 64 of the constitution, given the message of the federal Council of September 28, 1962, shall: I. General provisions...

S. 1 field of application field of application this Act applies to the pipes used to transport mineral oil, natural gas or other fuel or liquid or gaseous fuel appointed by the federal Council, as well as facilities such as pumps and tanks used in the operation of these lines (whole is hereinafter referred to as "facilities").
The Act applies in full: a. pipes whose diameter and the operating pressure exceeds the limits laid down by the federal Council; b. to pipelines crossing the national border. Are excepted, unless covered by the let. a, pipes that distribute the gas within the boundaries of a territory limited constituting normal area of distribution of a gas plant.

Lines not covered by the al. 2 are subject to the special rules of chapter IV.
The federal Council may declare inapplicable law to lines of small length, especially when they are an integral part of a facility for the storage, transhipment, processing or utilization of fuels or fuel.
...

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
Repealed by chapter 78 of the schedule to the Act of 17 June 2005 on the federal administrative court, with effect from 1 Jan. 2007 (RS 173.32).

...

S. 21. approval of plans 1. Approval of plans facilities of transport via pipelines referred to in art. 1, al. 2, can be implemented or modified if the project plans have been approved by the supervisory authority.
The procedure for approval of the plans is governed by the Act and, subsidiarily, by the Federal law of June 20, 1930, on expropriation (LEx).
The approval of plans covers all permissions required by federal law.
No permission or no plan under cantonal law are required. Cantonal law is taken into account insofar as it does not disproportionately obstruct the performance of the tasks of the company.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 711 s. 3 2. Conditions / has. In general 2. Conditions a. In general the plans approval is refused or, where a less drastic measure is sufficient, keyed loads or conditions: a. If the construction or operation of the facility were to endanger persons, things or important rights, particularly if they might contaminate the waters or undermine significantly the sites and the landscape; b. should there be damage to an existing public infrastructure or if the construction of a proposed public work should be prevented or strongly impeded and that other predominant public interests militate favour the existence or construction of the book; c. If it is appropriate to take account, for the creation or safeguarding of areas of residential or industrial areas, essential public interest alleged by the cantons; d. If required by the country's security or the maintenance of independence or neutrality of the Switzerland , as also to prevent an economic dependence, contrary to the general interest of the country; e. If the applicant does not meet the requirements of art. 4; f. If other compelling reasons of public interest so require.

The approval of plans may be refused or with charges or conditions on the grounds indicated in the al. 1. new content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 42 conditions / b. foreign company b. foreign company if the company is foreign, it must have an administrative centre and a direction of operating sis in Switzerland and be organized so as to ensure compliance with Swiss law.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 5-9 repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).

...

S. 103 right to expropriate 3. Right of expropriation the company seeking approval of plans has the right to expropriate.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 11 4. Right at the intersection of routes 4. Right at the intersection of routes the company has right, against the payment of fair compensation, at the intersection of routes, on the condition that after the construction of the crossing, necessary security measures fully guarantee traffic and that the crossing does not interfere with a projected development of the channels of communication. During the construction of the crossing, traffic cannot be restricted only to the extent necessary to the realization of the work.
In the event of dispute, the LEx is applicable to establish if the conditions laid down in para. 1 are met and to determine the amount of compensation.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 711 s. 12 repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).

S. 13 5. Obligation to carry 5. Obligation to carry the company is required to load by contract to run transport for third parties within the scope of the technical possibilities and healthy operating requirements and provided that the third party offers an equitable remuneration.
In the event of dispute, the federal Office for energy (Agency) decides if the company must enter into a contract and stops the contractual conditions.
Civil courts hear civil law claims arising from the contract.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New expression according to c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221). It was taken into account this change throughout the present text.
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 14 and 15 repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).

II. monitoring, construction and operation 1. Surveillance art. 16 1. Principle 1. Principle the construction, maintenance and operation of a facility according to the art. 1, al. 2, are subject to the supervision of the Confederation.
The federal Department of the environment, transport, energy and communication (Department) may extend this supervision to the construction, maintenance and operation of other pipeline transportation facilities if they belong to the Confederation or a federal institution.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 172 jurisdiction 2. Jurisdiction the Agency is the supervisory authority. He can appeal to the townships and umbrella associations for this monitoring exercise.
The Department establishes a commission to study the issues of safety of transport facilities by pipes.


New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 183 object 3. The office object stops the necessary instructions for the protection of persons, things and important rights. For this purpose, it may order that the installation is equipped with equipment adapted to new technologies.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 19 4. Control 4. Control the persons responsible to control the construction and operating a facility must at all times have free access to all parts of the installation and be able to obtain all the desired information.
The personnel and equipment necessary for the performance of these controls must be provided for free.

S. 20 5. Management report; statistical data 5. Management report; statistical data pipeline transportation undertakings must furnish annually to the office management, with the annual accounts and the balance sheet report, and make available statistical data which may be required.

New expression according to c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221). It was taken into account this change throughout the present text.

2 construction arts. 211 ordinary procedure for approval of the plans / a. opening 1. Ordinary procedure for approval of the plans a. opening the application for approval of the plans should be addressed with the required documents to the Agency. Latter checks if the file is complete and, if necessary, is complete.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 21a 1. ordinary Procedure for approval of the plans / b. picketing b. picketing before upgrading the investigation of the application, the firm must mark the route of the conduct on the ground by a picket.
Objections against picketing should be addressed without delay to the office, but no later than at the expiration of the delay in the investigation.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 21b 1. ordinary Procedure for approval of the plans / c. Consultation, publication and the inquiry v. Consultation, publication and the inquiry the office forwards the request to the cantons concerned and invites them to take a decision within three months. If the situation warrants, it may exceptionally extend this time.
The application shall be published in the official organs of the cantons and the communes concerned and updated the survey for 30 days.
The inquiry establishes the ban of expropriation referred to in art. 42-44 LEx.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 711 s. 221 ordinary procedure for approval of the plans / d. personal opinion d. personal opinion the company must address to interested parties, no later than during the investigation of the application, a personal notice informing them of the rights to be expropriated in accordance with art. 31 LEx.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 711 s. 22a 1. ordinary plans approval Procedure / e. Opposition e. Opposition anyone a party under the Federal Act of 20 December 1968 on administrative procedure or the LEx may lodge opposition with the agency within the period of the inquiry. Anyone who did not oppose is excluded from the remainder of the proceedings.
All objections expropriation and compensation or reparation in kind requests must be submitted within the same period. Objections and applications filed later under arts. 39-41 LEx should be addressed to the Agency.
Commons assert their rights by way of opposition.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 172.021 RS 711 s. 22b 1. ordinary Procedure for approval of the plans / f. Elimination of the differences within the administration Federal f. Elimination of the differences within the federal administration the procedure for elimination of the differences within the federal administration is governed by art. 62 (b) of the Federal Act of 21 March 1997 on the Organization of Government and administration.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 172.010 s. 232 decision for approval of the plans; period of validity; use 2. Decision for approval of the plans; period of validity; When it approves the plans, the office also adjudicates oppositions expropriation.
The approval lapses if the construction project has not commenced in the year following the entry into force of the decision. If the major reasons, the office may extend accordingly the duration of validity of the decision for approval of the plans.
...

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
Repealed by chapter 78 of the schedule to the Act of 17 June 2005 on the federal administrative court, with effect from 1 Jan. 2007 (RS 173.32).

S. 243. simplified procedure for approval of the plans 3. Procedure simplified for approval of the plans the simplified plans approval procedure applies: a. projects that affect a limited space, are only a set limited and well defined persons; b. installations of pipeline transportation whose modification or reassignment does alter fundamentally the external appearance of the site, affects not the interests worthy of protection of third parties and has only minimal effects on the development of the territory and the environment; c. pipeline transportation facilities which will be removed after three years at most.

The simplified procedure applies to retail plans developed on the basis of a previously approved project.
The Agency may order the picketing. The application is published, nor update the investigation. The Agency is submitting draft to interested parties, which can make opposition within a period of 30 days, unless they have previously given their written agreement. It may seek the opinion of the cantons and the communes. It grants them a reasonable time to comment.
Moreover, the ordinary procedure is applicable. If in doubt, this last is applied.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RO 2012 937 s. 25 4. Beginning of work 4. Commencement of the construction work should not begin before the final approval of the plans.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 265 estimation procedure; consignment in anticipated possession 5. Estimation procedure; early vesting after conclusion of the approval procedure plans, an estimation procedure is open, if necessary, before the Board of estimate, in accordance with the LEx. Only the claims which have been produced are taken into consideration.
The office transmits to the president of the Board of estimate approved plans, the plan of expropriation, the array of rights expropriated as well as claims which have been produced.
The president of the commission to estimate may authorize the vesting anticipated when the decision for approval of the plans is enforceable. The expropriating party is presumed to suffer serious harm if it does not the entry into early possession. Moreover, art. 76 LEx is applicable.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
RS 711 s. 27 6. Measures of protection during construction 6. Safeguards during construction the company takes the necessary measures to ensure the safety of construction work, prevent the endangering of persons, things and important rights and residents are bothered unacceptable way.
When construction work affect public works, such as channels of communication, pipelines or other facilities, the company must ensure that they can continue to be used to the extent required by the public interest.
The economic use of land ownership must be ensured during construction.


New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 287 third 7 construction projects. Construction of third party projects the establishment and modification of buildings or facilities of third parties may be permitted only with the consent of the office if the construction or installation: a. crosses an installation of pipeline transportation; b. may compromise the safety of the installation of pipeline transportation.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 29 8. Costs 8. Charge if a new installation of pipeline transportation door to communication channels, pipes or other works or if new books of this kind interfere with a pre-existing installation of pipeline transportation, of all measures necessary to remove the infringement fee, subject to agreement to the contrary, the burden of that which performs new jobs.
The procedure laid down by the art. 57 et seq. of the LEx must be opened in the event of a dispute concerning the application of this provision.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
711 3 RS. Exploitation art. 301 authority to operate 1. Authority to operate the commissioning of an installation of pipeline transportation is subject to the approval of the Agency.
Authorization to operate is granted if: a. the installation complies with the Act, its implementing provisions and the decision for approval of the plans; b. the company has the necessary staff to safe operation and immediate damage repair; c. prescribed civil liability insurance is concluded.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 312 operation and safety of installations 2. Operation and security of the plants must be maintained so as to be in constant state of functioning in conformity with the safety requirements.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 32 3. Deterioration of installation 3. Deterioration of the installation as soon as installation is no longer watertight, the company must immediately take all appropriate measures to prevent injury from occurring or from spreading and to remedy or repair early damage.
The alert service appointed by the cantonal government and the office shall be notified without delay.

S. a 32, 4. Suspension of operations 4. Suspension of operations if it turns out later that one of the conditions listed in art. 30, al. 2, is no longer met, the operation must be suspended and the office be informed.
The Agency may order the suspension of operation, especially in the case of a serious breach or repeated this Act, its implementing provisions of decision of approval of plans or instructions of the office.
He consulted the cantons concerned and the company before making a decision.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. (b) 32, 5. dismantling of installation 5. Dismantling of the installation to the extent where the public interest so requires, the company, when it stops the operation of the facility, must dismantle the latter at its expense and restore the previous state.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 32c6. property 6. Property unless otherwise provided, the installation belongs to the incumbent of the operating licence.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

III. liability and insurance art. 33 1. Liability / a. principle 1. Responsibility civil principle when the death of a person, impairment of health or material damage is caused by the operation of an installation of pipeline transportation, by defect or faulty handling of such a facility that is not in operation, the company is responsible for the damage. If the installation does not belong to the company, the owner replied jointly and severally.
The company or the owner is released from his liability if he proves that the damage was caused by natural cataclysms of exceptional character, by acts of war or by a fault serious of injured, without any fault of his own or of someone whom he responds.
Liability for damages to the transported material is determined according to the code of obligations.

RS 220 s. 34 1. Liability / b. repair of the damage, moral reparation, etc.

b. repair of the damage, moral reparation, etc.
Mode and the extent of the reparation, the allocation of compensation as moral reparation, plural responsibility and the use between officials are determined according to the provisions of the code of obligations relating to unlawful acts.

RS 220 s. 35 2. Liability insurance / a. principle 2. Liability insurance civil a. principle the company must, for insurable risks concerning his responsibility according to the art. 33 and 34, take out insurance from authorized insurance undertaking operating in Switzerland.
The insurance must cover the rights of the injured in each case of damage up to an amount of at least: a. 10 million francs for fuel pipeline transportation facilities or liquid fuels; b. 5 million francs for the transportation by pipelines of fuels or gaseous fuels installations.

When the public interest so permits or requires, these amounts may be reduced or increased by the decision for approval of the plans.
The Agency may waive fully or partially from the obligation to ensure the person who provides equivalent security.
The Confederation and the cantons which operate pipeline transportation facilities are not subject to the obligation to ensure.

New expression according to c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221). It was taken into account this change throughout the present text.

S. 36 2. Liability insurance / b. Suspension and termination of employment b. Suspension and termination insurance if insurance is suspended or ceases, the insurer shall inform the Agency. Suspension and termination shall have effect until thirty days after receipt of the notification of the insurer, unless insurance has been Meanwhile replaced by another.

New expression according to c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 37 2. Liability insurance / c. Action against the insurer, exceptions, right of recourse v. Action against the insurer, exceptions, right of recourse the injured may bring a direct action against the insurer within the limit of the amount provided for in the insurance contract.
The exceptions arising from the contract of insurance or the Federal Act of 2 April 1908 on insurance contract cannot be opposed to the injured.
The insurer has a right of appeal against the policyholder insofar as he would have been authorized to deny or reduce its benefits according to the contract of insurance or the insurance contract Act.

RS 221.229.1 s. 38 2. Liability insurance / d. plurality of injured d. plurality of injured if the claims of several injured exceed the guarantee contemplated by the contract of insurance, the claims of each of them in respect of the insurer is proportionately reduced to the extent of this warranty.
The injured who brought the action in the first place, as well as the respondent insurer may ask the judge to outsource other injured, indicating the consequences of a failure, a period to bring their actions before this judge. It decides the distribution between the injured of the compensation payable by insurance. When this distribution, the claims within the time limits will be met in the first place, without regard to the other claims.
The insurer paid in good faith to an injured a sum greater than the share due to him, because he was unaware of the existence of other claims, is released for the other injured to the extent of the amount paid.

S. 39 3. Common provisions / b....

3 provisions common a. requirements

Actions for damages and compensation for the moral disaster caused by installation of pipeline transportation are prescribed by two years from the day where injured had knowledge of the damage and the person required to repair, but in any case by ten years from the day where the disaster occurred. If the action derives from an act punishable by criminal law under a longer prescription, it also applies in civil matters.
The prescription was suspended against the liable person it is also against the insurer and vice versa.
Remedies that can exercise between them civilly liable persons of a disaster and the appeal of the insurer are prescribed by two years from the day where the delivery has been completely performed and where the Manager has been known.
For the rest, the code of obligations is applicable.
b. ...

RS 220 s. 40 repealed by c. 21 of the annex to the law of 24 March 2000 on jurisdiction (RS 272).

IV. facilities under the supervision of the cantons art. 41 1. Principle 1. Principle facilities that are not covered by art. 1, al. 2, and are not subject to an exception under art. 1, al. 4, are subject, in addition to the provisions of this chapter, to the provisions of the Act on civil liability and insurance (chap. III), on the penalties and administrative measures (chapter V), as well as safety requirements enacted by the federal Council.

S. 42 2. 2 permission system. Authorisation the construction and operation of facilities within the meaning of art. 41, unless they are subject to the supervision of the Confederation under art. 16, al. 2, shall be subject to authorization by the cantonal government or service designated.
Permission may be refused or subject to conditions and restrictive obligations on the grounds set out in art. 3, let. a to d. are reserved for the conditions and charges to ensure execution of the rest of the legislation.

S. 43 3. And high monitoring 3. Monitoring and surveillance installations subject to cantonal authorization under art. 42 are subject to the supervision of the canton and the supervision of the Confederation.

V. penalties and administrative measures art. 44 1. Damage to facilities of transport via pipelines and trouble in the operation 1. Damage to facilities of transport via pipelines and trouble in operation that which, intentionally, will have damaged a pipeline transportation facility and will be so, including causing pollution or other damage to surface water or groundwater, knowingly endanger the life or physical integrity of persons or of high value goods belonging to another, shall be punished by life imprisonment, or imprisonment.
One who intentionally, will be hampered, disturbed or endangered the operation of a pipeline of public transportation facility, shall be punished by imprisonment, unless the al. 1 is applicable.
The penalty will be imprisonment or fine if the offender acted negligently.

S. 45 1. Damage of transportation through pipelines and trouble in the operation facilities / 2. Offences Act 2. Offences Act 1. One who gave inaccurate or incomplete information to obtain a decision for approval of the plans, one who, without authority, has started the work of construction of a pipeline transportation facility or execution of a project of construction according to the art. 28, or pursued aura, one who has, without authority, to undertake or continue the operation of an installation of pipeline transportation, those who will have not observed the conditions and charges attached to a decision for approval of the plans or an authorization or has not fulfilled its obligation regarding insurance or securities to provide that as soon as an installation of pipeline transportation is no longer waterproof will not immediately taken measures and notified the authorities in accordance with art. 32, will, if he has acted intentionally and unless a more serious offence has been committed, punished stops or a fine up to 20,000 francs at most. The attempt and complicity are punishable.
If conditions or unobserved charges were intended to safeguard the security of the country, independence or neutrality of Switzerland or to prevent an economic dependence, contrary to the general interest of the country, the penalty may be imprisonment.
2. If the offender has acted by negligence, the penalty shall be a fine of 10,000 francs at most.
3. the federal Council may provide for the same penalties for violations of the implementing provisions.
4. ...

Repealed by chapter 14 of the schedule to the DPA (RS 313.0).

S. 45a2a. other penal provisions 2 a. Other penal provisions special provisions of the Federal law of March 22, 1974 on the right criminal administrative (art. 14 and 18) are applicable.

Introduced by chapter 14 of the schedule to the DPA, in force since 1 Jan. 1975 (RS 313.0).
RS 313.0 s. 463 General provisions 3. General provisions the General provisions of the Swiss penal code are applicable to the offences referred to in art. 44. the General provisions of the Federal law of March 22, 1974 on the right criminal administrative (art. 2 to 13) are applicable to the offences referred to in the art. 45 and 45A.

New content according to chapter 14 of the schedule to the DPA, in force since 1 Jan. 1975 (RS 313.0).
RS 311.0 RS 313.0 s. 46a3a. Procedure and jurisdiction 3 a. Procedure and jurisdiction offences under art. 44 are subject to federal jurisdiction.
In accordance with the procedure laid down by the Federal law of March 22, 1974 on administrative penal law, prosecution and judgment of offences under arts. 45 and 45A shall be borne by the Agency.

Introduced by chapter 14 of the schedule to the DPA, in force since 1 Jan. 1975 (RS 313.0).
RS 313.0 s. 47 4. Administrative measures 4. Administrative measures has not been given suite, within the fixed period and despite a summons, a decision of the office, it may run it or make it run at the expense of the person in residence, regardless of the opening or the result of a criminal procedure.
...

Repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).

S. a 47, 5. processing of personal data 5. Processing of personal data the authorities responsible for the implementation of this Act deal with the personal data necessary for its application, including data relating to criminal and administrative proceedings and sanctions referred to in art. 44 ss.
They may keep these data in an electronic file and the exchange of data necessary for the uniform application of this Act.

Introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

VI. transitional provisions and final arts. 48 1. Transitional law / a. principle 1. Right transitional a. principle upon its entry into force, this Act also applies, subject to the art. 49 and 50, at the facilities of transport via pipelines under construction or in operation.
Compensation is due when a measure within the meaning of the art. 49 or 50 is equivalent to an expropriation. The federal Tribunal adjudicates claims for compensation.

S. 49 1. Transitional law / b. facilities for the benefit of an authorization or concession cantonale. facilities for the benefit of an authorization or cantonal concession rights acquired pursuant to an authorization or a cantonal concession will be recognized within the meaning of para. 2. during the period of validity of the authorisation, or of the cantonal concession, but no later than for fifty years from the entry into force of this Act the company is provided to seek a federal grant. Within a period of two years from the same date, it must adapt to the provisions of art. 4. the rights and obligations of the company under an authorization or a concession, granted by the canton before the entry into force of this Act, for the construction and operation of a pipeline transportation facility cannot, under the Act, be altered to its detriment for compelling reasons of public interest.
The cantons will provide the Department within three months following the entry into force of this Act any useful documentation about the installations mentioned in art. 1, al. 2, which would have been the subject of an authorization or a concession on their part.

S. 50 1. Transitional law / facilities without permission or concession cantonal Installations without authorisation or cantonal grant an application for an authorization or concession, containing all the information required, shall be submitted by the undertaking to the competent authority, within a period of three months from the entry into force of this Act, for installations that are not the subject of an authorization or a cantonal concession.
Until the decision is taken on the application, the construction or operation can continue, unless the authority competent to grant the authorization or concession takes a contrary decision.
The authorization or concession must be granted, unless compelling reasons of public interest are opposed.

S. 512. transitional provisions regarding the amendment of June 18, 1999 2. Transitional provisions concerning the amendment of June 18, 1999

Concessions whose validity extends beyond the date of entry into force of the amendment of the Act will not be renewed as they expire. The operation of the facility may continue.
The applications under consideration is moot.
Applications for approval of the plans under consideration at the entry into force of this amendment are governed by the new rules of procedure.
Pending appeals are governed by the old rules of procedure.
If the company must restrict or stop the operation of a facility for which a concession was granted before the entry into force of this amendment, for a reason that is not attributable to him Confederation pays the dealer fair compensation for the damage resulting.

Repealed by art. 45 al. 2 of the Act of 8 oct. 1971 on the protection of the waters [RO 1972 958]. New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

S. 52 3. Performance 3. Execution the federal Council fixed the date of the entry into force of this Act.
It enacts the necessary implementing provisions, which indicate inter alia: 1. the Federal service responsible for implementing, their tasks and how they will work together with other services concerned; 2. the requirements the facilities in what concerns the protection of persons, things and other rights important; 3. the procedure for approval of the plans; 4. the fees to be charged for the activities of the office.

The cantons determine, if necessary, the competent authorities for the fulfilment of the tasks that are assigned to them and regulate the procedure to be followed in this case.

New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
New content according to chapter I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).

Date of entry into force: 1 March 1964 RO 1964 95 abbreviation introduced by c. I 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 Jan. 2000 (RO 1999 3071 3124; FF 1998 2221).
[1 3 RS; RO 1961 486, 1976 711]. The provisions mentioned are currently the art. 81, 91, 122 and 123 of the Constitution of 18 April 1999 (RS 101).
New content according to chapter 21 of the schedule to the Act of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RS 272).
FF 1962 788 Tit II. repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).
Tit. repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).
Tit. repealed by the c. 11 of the Federal law of 18 June 1999 on the coordination and simplification of decision-making procedures (RO 1999 3071; FF 1998 2221).
From 1 Jan. 2007, penalties and limitation periods should be adapted according to the conversion of the art key. 333 al. 2 to 6 of the penal code (RS 311.0), in the content of the Federal law of 13 Dec. 2002 (RO 2006 3459).
ACF of 25 Feb. 1964 (RO 1964 110) State on June 13, 2006

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