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RS 510.624 Order of 21 May 2008 on National Geology (OGN)

Original Language Title: RS 510.624 Ordonnance du 21 mai 2008 sur la géologie nationale (OGN)

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510.624

National Geology Ordinance

(OGN)

21 May 2008 (State 1 Er September 2013)

The Swiss Federal Council,

Having regard to art. 5, 6, 9, para. 2, 12, para. 2, 15, para. 3, 19, para. 1, 26 and 27, para. 3, of the Law of 5 October 2007 on Geoinformation (LGéo) 1 , given art. 13, para. 3, of the Federal Law of 21 June 1991 on the Development of Watercourses 2 , given art. 101, para. 1, of the Act of 21 March 2003 on nuclear energy 3 , given art. 52, para. 2, c. 1, of the Act of 4 October 1963 on transmission facilities by pipeline 4 , given art. 57, para. 4, of the Federal Law of 24 January 1991 on the protection of water 5 ,

Stops:

Section 1 General provisions

Art. 1 Purpose and scope

1 This Order defines the tasks and activities of the Confederation in the field of national geology.

2 The special provisions of federal law relating to water courses, water protection and nuclear energy are reserved.

3 The Ordinance of 21 May 2008 on Geoinformation (OGéo) 1 Apply, provided that this order does not contain any specific provisions.


Art. 2 Definitions

In this order, the following means:

A.
Geological information: Data and information concerning the geological subsoil, relating in particular to its structure, nature and properties, its past and present use and its economic, societal and scientific value, as well as to geological processes Past, present and potential;
B.
Geological subsoil: Part of the Earth and its components (including rocks and soils, ores and minerals, oil, natural gas, groundwater, geothermal) separated from surface waters and from the atmosphere by the Earth's surface;
C.
Geological processes: Changes to the geological subsoil, in particular decomposition, erosion, sedimentation, mass movements or earthquakes;
D.
Geologic subsoil use: Operations in the geological subsoil, including construction of any kind, underground works, surveys, extraction of mineral raw materials, movement of materials, storage of substances, modifications of the The hydrostatic level, direction of flow, flow and temperature of the groundwater, as well as the influences on the geothermal field.

Section 2 Tasks of National Geology

Art. 3 National Geology Objectives

1 The specialized services in charge of the national geology provide geological information to the other services of the Confederation, specialized cantonal services and third parties, in order to:

A.
Sustainable use of the geological subsoil;
B.
Taking into account geological features in development, concession and authorisation procedures;
C.
The prevention of adverse or undesirable effects produced by geological processes on persons and property.

2 The specialized services responsible for national geology inform the public about their activities and their tasks.

Art. 4 National Geological Survey

1 The national geological survey includes:

A.
Seizure of geological information through clean surveys and the operation of third party surveys;
B.
Sorting and ranking of geological information;
C.
The scientific exploitation of geological information.

2 Seizure, updating and management of information shall be carried out on a consistent basis.

Art. 5 Geological data and information of national interest

The national geology provides the following data and geological information of national interest:

A.
Basic data for the sustainable use of the geological sub-soil and the territorial development of Switzerland;
B.
The presence and nature of groundwater reservoirs;
C.
Geological conditions of the sites and approaches to existing and projected national interest infrastructures (e.g., main links of rail and road networks, buried cables, oil and gas pipelines, large power plants, centres Urban);
D.
Presence and nature of suitable rock formations for the storage of substances and waste;
E.
Mineral deposits (including sands and gravels, ores, oil and natural gas);
F.
Bases for geothermal energy production;
G.
Bases for determining the hazards and risks of geological processes or the use of geological subsoil to persons, property, the environment and the land.
Art. 6 Advice and assistance of federal authorities

1 The specialized services in charge of the national geology advise and assist the federal administration, as well as the third parties to whom the tasks of the Confederation have been entrusted, for any geological matter.

2 They monitor geological investigations related to federal government projects.

3 Upon request, they advise the organs of the Federal Assembly and the federal courts.

Art. 7 Research

1 The national geology specialist services can take part in national and international research projects.

2 The specialized service in charge of national geology directs and operates the Mont Terri underground laboratory. 1


1 Introduced by ch. I of the O of 3 Jul. 2013, in effect since 1 Er Seven. 2013 ( RO 2013 2317 ).

Art. 8 Archiving

1 The specialized services in charge of national geology include:

A.
Data and information seized or exploited on the basis of federal law;
B.
Data and information provided to them on the basis of federal law;
C.
Data from the geological subsoil (outcrops) accessible only temporarily with a high national or scientific interest;
D.
Rock samples and drill core.

2 The cantons may delegate the archiving of their geological information to the specialized service in charge of national geology by entering into a contract of public law.

Art. Geological Information Service

1 The Federal Office of Topography manages the Geological Information Service of Confederation.

2 It makes data and geological information accessible by geoservices.

Art. 10 Official benefits

1 The official services in charge of the national geology are as follows:

A.
National atlases and maps referred to in s. 23 of the order of 21 May 2008 on national measurements 1 ;
B.
Synoptic and special maps in the fields of geology, geophysics, geochemistry, geotechnics and hydrogeology;
C.
Raw material maps (raw material situation and flow);
D.
Maps of the geothermal potential of Switzerland;
E.
Thematic and special thematic maps relating to geological and geomorphological processes;
F.
Adequacy maps for the storage of substances and waste;
G.
Explanatory notes relating to thematic maps;
H.
Geological reports.

2 Benefits are provided on an analog and/or digital basis according to technical and financial possibilities and adapted to the needs of users.


Section 3 Commercial benefits

Art. 11 Principle

1 The national geology specialist services can provide the following commercial benefits:

A.
Carrying out mandates in the areas of geology and hydrogeology entrusted by other departments of the federal government or by third parties;
B.
Carrying out development cooperation in the fields of geology and hydrogeology;
C.
Propose in a particular form data and information from the national geology.

3 They can work with third parties to provide their benefits.

Art. 12 Basis of calculation for commercial benefits

The Federal Office of Topography charges its commercial benefits on the basis of the tariff bases it applies to private sector claimants in the course of commercial use.

Section 4 Access and Use

Art. 13 Access and use by third parties

1 Access to and use of the data and geological information of the Confederation is governed by Art. 20 to 33 OGéo 1 .

2 Geological information shall be provided with the following levels of access, in accordance with Art. 21 OGéo:

A.
Level of access authorisation B: geological data and information entered by third parties and communicated to the specialised service responsible for national geology on the basis of obligations under federal law;
B.
Access level A: all other geological data and information.

3 The specialized services of the Confederation in charge of the national geology decide on access and use.


Section 5 Organization

Art. 14 1 Federal Geological Survey

1 The Federal Council establishes a Federal Geological Survey (CFG) at the joint request of the Federal Department of Defence, Population and Sports Protection and the Federal Department of the Environment, Transport and Energy And communication. The CFG is an advisory commission within the meaning of s. 8 A , para. 2, of the order of 25 November 1998 on the organisation of government and administration 2 .

2 The CFG advises the Federal Council and the federal government on all matters related to geology.

3 The Federal Council defines the tasks of the committee in the act of institution.


1 New content according to the c. I 4.4 of the O of 9 Nov 2011 (Review of the extra-parliamentary committees), in force since 1 Er Jan 2012 ( RO 2011 5227 ).
2 RS 172.010.1

Art. 15 Coordinating Body

1 A coordinating body within the meaning of s. 55 of the Act of 21 March 1997 on the Organisation of Government and Administration (LOGA) 1 Is established for coordination in the field of national geology.

2 It performs the following tasks:

A.
Coordinating the geological investigations of the territory between the specialized services of the national geology, the other services of the Confederation, the specialized cantonal services, the high schools and the professional associations;
B.
To coordinate the geological investigations of the Confederation and its activities in the field of geological sub-soil;
C.
Develop federal strategies;
D.
Participating in the development of technical standards and geoinformation;
E.
Planning and coordinating federal research.

3 It is entitled to give directions to the services of the Confederation.

4 It consists of representatives of the Federal Office of Topography, the Federal Office of Energy, the Federal Office of the Environment, the Federal Office of Transport, the Federal Agency for Roads and the Federal Office of Agriculture.

5 It is attached to the Federal Office of Topography at the administrative level.


Art. 16 Specialized Services in the Field of National Geology

1 The specialized service in charge of national geology is the Federal Office of Topography.

2 The Federal Office of the Environment is the specialized service responsible for hydrogeological tasks under the national geology.

Art. 17 Specialized Service Participation

If a project of a service of the Confederation concerns the geological subsoil, this service shall consult the specialised service in charge of national geology, in accordance with the concentration of the procedures for the preparation of decisions within the meaning of Art. 62 A LOGA 1 .


Art. 18 Participation of the cantons

1 The specialized service in charge of national geology guarantees the participation of the cantons in the field of national geology.

2 He may participate in inter-cantonal technical conferences or call himself technical conferences.

Art. 19 International Collaboration

The specialized service in charge of national geology represents Switzerland in expert groups and international technical conferences.

Section 6 Final provisions

Art. Transitional Provision

Until the entry into force of a new regulation governing the fees for geoinformation, but no later than 31 December 2009, the fees collected for the benefits of the national geology shall be calculated in accordance with the Provisions of the ordinance of 3 July 2001 on the emoluments of the Federal Water and Geology Office 1 And the price lists of the Federal Office of Topography, which are based on the aforementioned order and which are in force upon the coming into force of this Order.


1 [ RO 2001 2133 , 2003 3677, 2006 4705 ch. II 58 4889 Annex 2 c. 1. RO 2009 6189 ch. II 5]

Art. Entry into force

This order shall enter into force on 1 Er July 2008.



RO 2008 2849



State 1 Er September 2013