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MIL OSI Translation. Region: Germany / Deutschland –

Source: Swiss Kanton Nidwalden News in German19. October 2020 The new Waters Act, which replaces several previous pieces of legislation, comes into force on November 1, 2020. This has been determined by the Nidwalden government council. In addition, it passed the corresponding executive ordinance, and the district administrator approved the new cantonal water law in February of this year. This replaces the previous legal basis for water in the canton of Nidwalden. Specifically, flood protection, revitalization and water maintenance, but also the protection and use of water and water supply are now regulated in a single decree with almost 170 articles of law. “With the Waters Act, Nidwalden receives modern and balanced legislation that reflects new developments and maintains proven regulations as far as possible,” says Agriculture and Environment Director Joe Christen. The procedures have been simplified and coordinated. After the referendum period expired unused, the government council set the entry into force of the Waters Act on November 1, 2020. The Waters Act also regulates the transition from the old to the new legislation. Some of these provisions will be published in the Official Journal in early November 2020 as they trigger a registration process that will be open until the end of October 2021. Only a few water uses are likely to be affected by these transitional provisions: Water law and groundwater directory: People who want to derive a right to use water from an entry in the existing water law or groundwater directory and do not have a certificate for this – for example a valid concession New water uses requiring a license: For water uses that were previously permitted without a grant or permit, but are now subject to a license, an application must be submitted. These uses are permitted to the previous extent without a license until the concession procedure has been legally concluded. Marital rights: Water uses that are based on a marital right, but are now subject to a license, must also be reported to the Agriculture and Environment Directorate by the end of October 2021. At the same time, the government council passed the executive ordinance for the new law, which was also submitted for external consultation and also submitted to the district administrator for information. After the decision of the district council, only minor adjustments were made. The cooperation between the Office for Hazard Management and the Office for the Environment, which both have points of contact in the areas of hydraulic engineering and water protection, is concretized in order to ensure efficient enforcement practice and thus fast procedures. Another point concerns structures and facilities for the use of the lake. In future, these will only require a license if they are in the lake, but not if they are only adjacent to it. No license is required for such buildings and facilities, because they are already subject to hydraulic engineering permits.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

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