Abstract
This study comprises a survey of the (procedural) laws which have a direct influence on the installation and exploitation of pipelines in the Netherlands.
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The Act of 27 April 1904 containing further provisions concerning mining, with the amendments of the Act of 21 April 1980, Stb. 73.
Royal Decree of 21 December 1964, Stb. 538.
Act of 6 April 1957 containing provisions regarding the control of waterworks companies and the organization of the supply of public drinking water. Stb. 150.
E.g. Concession of 8 May 1969, KB no. 25.
Act on the reorganization of the railways, 26 May 1937, Stb. 520, art. 6.
Act of 13 May 1927 for the abolition of hindrances in private law (Stb. 159).
Act of 23 April 1899 for the abolition of hindrances in the execution of works ordered or carried out for the public benefit and resulting from provisions in regulations, Stb. 129.
Art. 165 of the Constitution reads:
Expropriation in the public interest can occur only after a prior declaration in law that expropriation would benefit the public interest, and after damages have been guaranteed or awarded in advance in accordance with the provisions of the law.
The law determines the cases in which the above-mentioned declaration in law is not required.
Act of 5 July 1963, containing the definitive version of new provisions concerning the environment, Stb. 286.
This article states:
With regard to works or activities in which speedy execution would benefit the public interest, our Minister can, upon request, grant exemption regarding provisions which are part of a development plan, the provision of art. 46, par. 2 and 5 of this act (chwr(133)).
Before arriving at a decision the Minister hears the municipal council and the provincial executive council as well as the State Planning Commission. If exemption is granted for the provisions of art. 46, par. 5 of this act, (chwr(133)) the Minister also consults the Minister of Education, Arts and Sciences.
Act of 15 May 1952 containing new regulations for the prevention of establishments causing serious damage or hindrance (Stb. 274).
Act of 16 February 1979 containing regulations concerned with the prevention or restriction of noise pollution, (Stb. 99).
See Chapter IV.
The Act of 11 March 1972 containing a declaration of public interest of expropriation of plots of land, rights of way and other rights in rem for installing a pipeline route from Pernis through Klundert to the Schelde near the Dutch/Belgian border.
See Chamber records, session 1979–1980, TK Appendix 1553. April 1982 the scheme is published.
Ministry of Housing (of the people) and Environment of Affairs, Ministry of Justice, Ministry of Agriculture and Ministry of Finance.
Art. 3, par. 1 in fine.
km. pipeline per ultimo ‘79.
Annual Report, 1979.
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© 1982 Springer Science+Business Media Dordrecht
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Verwer, C.P. (1982). Piped transportation in the Netherlands. In: Ulrich, H., D’Oliveira, J. (eds) Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4443-0_13
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DOI: https://doi.org/10.1007/978-94-017-4443-0_13
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