Law 165 Of 1985 Wells Law

Original Language Title: القانون 165 لعام 1985 قانون الآبار

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=6368&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 165 of 1985


Wells Law

Article 1


The use of public water (surface and groundwater) in agricultural projects by sprinkling devices to determine the terms of a license granted and used in accordance with the provisions of this law. (As digging wells subject in any depth it was prior to the license granted by the administration in accordance with the provisions of the window).
Article 2


Requires the applicant to be authorized to own or lease by the owner of the land required Aroaaha or an agent for the majority of the owners. (This is the majority holds if agreed by stakeholders representing more than half of the ownership of the property).
Article 3


Ministry of Public Works had to be based on the water resources potential in both the maximum water that can license use and scope of the space that can Aroaaha and restrictions to be imposed on how the bombing and groundwater extraction and terms of protection, and the extent of their use basin To the extent necessary, according to the conditions of each region. It follows for this purpose at all departments and institutions that drilling for underground water or reinvested to submit to the Ministry of Public Works geological sections and hydrological information obtained during the exploration and investment.
Article 4


Determine the origins of the submission of applications for licenses and data to be paired and how to organize licenses and saved by the Minister of Public Works. And compose on every committee, the province of delegates from each of the ministries of public works, agriculture, and the province to study all submissions and a statement of opinion and, in the conditions to be imposed within the limits of applicable laws and regulations, in particular the principles laid down by the Ministry of Public Works to implement the provisions of this law.
Article 5


License for devices that do not exceed the capacity of its engine ten horses or equivalent by the governor on the proposal of the Committee mentioned in Article 4 above and devices that increase the ability of its engine for ten horses, by the Minister of Public Works granted. And the authority to refuse to grant a license if they conflict with others or the public interest rights, as they are to be granted a license to set up a less than desired device strongly.
Article 6


License is granted for a period of ten years counted from the first month of January following the grant. And it is renewable at the expiry of that period if there reasons given in accordance with the provisions of this Act and shall have the wooded sections of properties that elapsed duration of their licenses preferential right to renew the license. The license can be granted for a period shorter in cases where the public projects inconsistent with the required license conditions expected.
Article 7


License fall verdict:

A. If the owner has not pitched licensed under the machine during the year from the date of grant taking into account the circumstances of Cairo.

(B) If the owner has stopped working which for more than two years.
Article
8

Withdraw the license by the authority granted in the following cases:

A. If the public interest so requires.

(B) If the license holder violates the conditions Entries more than twice, or if he refuses to remove any irregularity during a maximum period of two months from the date of being warned.

(C) If the licensee on water use to non-agricultural end licensed.


(D) if it is proved that the judicial license seriously harm the rights of others.
Article 9


To his license withdrawn not entitled to any compensation for the withdrawal of his license unless it was dragging on the basis of paragraph (a) of Article 8 above. In this case, pay him fair compensation determined by the committee formed by a decision of the authority that granted the license and make up, headed by the President of the Court of Appeal in the province dating back her license and membership of a representative of the authority granted the license and a representative of the owner of the license. If the license holder fails to appoint more than one month from the date of his representative assigned to so appoint such representative by the Minister of Justice. The decision of this committee entered into a non-through of any review methods.
Article 10


License granted on behalf of the owner or lessee for the use of public water in agricultural projects for the benefit of a window belonging to her real estate remain whatever the person who will succeed to the ownership of or the right to invest.
Article 11 and 12 Cancelled

Article 13


Each of the perfusion erected on the public water system without obtaining prior license shall be subject to the fine specified in Article 731 of the Penal Code with a removable device and without any hesitation if the N of the license as well as compensation for damages resulting from the monument apparatus.
Article 14


Without prejudice to the provisions of paragraph (b) of Article 8 above Whoever violates the terms of the license granted to him by a fine ranging from two hundred thousand pounds and the SP as well as compensation for damages resulting from the breach.
Article 15


If it goes against the owner of the license conditions send him the authority granted the license in writing, a warning to back down on the violation within a period of not less than fifteen days (or 24 hours if the violation related to exceed the amount of water licensed use). After the expiry of this period, the license may be suspended until the implementation of the content of warning or withdrawn in accordance with the provisions of this law.
Article 16


If the applicant fails to remove the device and without any hesitation seepage water without a license or after the withdrawal of his license or fall or the expiration period of a decision to remove the said device within a period of not less than ten days carried out at the expense of the backward and responsibility.
Article 17


Administrative procedures stipulated taken in this law, including the removal of equipment and issuing warnings and stop the licenses by the governor reasoned decision and implemented immediately by the police forces do not stop judicial review or administrative implementation of these decisions. Magistrate Courts and decide on an urgent basis to these misdemeanors.
Article 18


Upon each and every of the currently invests perfusion on the public water system to submit within three months from the date of issuance of this law apply for a license or renewal of a license granted earlier Alah.ually the competent authority to decide on the request by refusing to approve it, or until the first of March 1959 in case not to take action in some applications submitted within the time limit can be granted the owners exceptionally temporary license expires until the end of 1959, inevitably.

In areas where erect allows exudate devices, are given preference in the granting of new licenses in each region to the owners of the old licenses within the limits of the potential of water resources in them.
Article
19

Both currently invests perfusion on public water and did not get a permanent or temporary license before the first of April 1959 it
device that removes the device and without any hesitation by him under the threat of sanctions stipulated in this law.
Article 20


Other objectionable provisions of this law repealed.
Article 21


This law shall be published in the Official Gazette, and shall be in Syrian territory from the date of publication.

Damascus on 11/12/1985


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