Act No. LVII of 1995 on water management.
Country
Type of law
Legislation
Date of original text
Abstract
In light of the objectives of environmental protection, this Law sets out primary rights and duties in connection with the use and conservation of water as well as the prevention of damages caused by water. It covers the following areas: underground and surface waters, reservoirs, beds and banks of surface waters; establishments and activities having an impact on or modifying the conditions of the water flow and watercourses, the quantity and quality of water and reservoir beds and banks; the use, conservation and management of water resources; the collection, processing, supply and use of data on water resources necessary for their evaluation; the prevention of and protection against damages caused by water; natural and legal persons and commercial enterprises without legal personality operating in the sector. Section II sets out government duties in relation to water resources and waterworks. The Government, the competent ministry with its water management bodies as well as local governments are responsible for the implementation of this Act. Section III concerns property rights. Certain natural and artificial watercourses specified in Annex 2, as well as certain other resources, flood-prevention and other waterworks, specified in Annex 3, are the exclusive property of the State. Water resources in State-owned protected areas are not alienable. Waters not mentioned above are alienable State properties. In case of alienation, interested local governments have the right of pre-emption. Works of public interest to be carried out by the State and local governments are determined in article 7. Funds for such works are provided by the Water Fund or by water management companies. The State can convey temporary rights of exploitation to commercial enterprises through concession contracts. Concession terms are provided in Articles 11 and 12. The activities of water supply and sewerage companies are regulated by section IV. Provisions on water resource management are comprised in section V (water protection, regulation of waterways, prevention of damages to water quality, potable water supply and utilization of mineral and medicinal waters). Entities discharging harmful substances into the sewerage and purification systems, exceeding determined limits, are liable to a fine. Exploitation of undergroundwaters is regulated in Article 15. This is allowed only if it does not damage the level/balance of water resources. Section VI deals with the protection against and prevention of damages caused by water. National-level protection against floods and waterlogging is regulated by Article 17. Articles 18 and 19 deal with the prevention of water contamination. Section VII lays down provisions relating to immovable property in connection with water resources and waterworks (servitudes for water disposal and water use). In certain cases, the proprietor can claim damages. Non-built-up immovable property situated on the banks of natural waters may not be acquired from the State or local governments after the entry into force of this Law. Section VIII deals with the jurisdiction of water authorities. Articles 28-32 provide conditions for the authorization and establishment of waterworks. Supervision of activities is carried out by the water inspectorate which maintains a register of waterworks, water uses and water resources. Section IX deals with water management companies which are incorporated business organizations. These can take the form of water supply and sewerage companies or water regulation and damage prevention companies (agricultural water use works and related amelioration works). The formation, operation, assets and termination of these companies are regulated by Articles 36-44.
Attached files
Web site
Date of consolidation/reprint
Entry into force notes
The last consolidated version of the Act entered into force on 13 June 2023.
Notes
The English version of the linked full text is not consolidated.
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No
Original title
1995. vi LVII. t rv ny a v zgazd lkod sr l
Amended by
Implemented by