T
ext consolidated by Valsts valodas centrs (State Language
Centre) with amending laws of:
3 June 2010 [shall come
into force on 1 July 2010];
5 June 2014 [shall come into force on 1 January
2015];
30 March 2017 [shall come into force on 26 April
2017];
3 October 2019 [shall come into force on 1 November
2019];
20 October 2022 [shall come into force on 10 November
2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
President has proclaimed the following law:
Amelioration Law
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) amelioration - a set of land improvement measures
which mitigate the adverse climatic events and change the
hydrological condition of the soil in a specific territory, and
also provide protection for the infrastructure and territories
against flooding;
2) amelioration system - a complex of structures and
installations registered in the amelioration cadastre for the
regulation of groundwater regime in a specific area;
3) State amelioration system - an amelioration system
belonging to the State the operation and maintenance of which is
ensured by the State;
4) amelioration system of national significance - an
amelioration system which conforms to the criteria and parameters
specified in laws and regulations and the operation and
maintenance of which is ensured by the State;
5) local government amelioration system - an
amelioration system owned by a local government the operation and
maintenance of which is ensured by the local government;
51) amelioration system of local government
significance for common use -an amelioration system for
common use which has a significant impact on the water regime in
building territories, agricultural and forest territories,
infrastructure objects (streets, roads, water management objects,
local government polders) specified in the spatial plan of the
local government;
6) amelioration system for common use - an amelioration
system which regulates the water regime on two or more land
properties or on land under legal possessions;
7) amelioration system of a single property - an
amelioration system which regulates the water regime on one land
property;
8) operation of an amelioration system - use of an
amelioration system for the designed purposes;
9) maintenance of an amelioration system - a complex of
supervision and care works of an amelioration system which ensure
the operation and preservation thereof;
10) ameliorative hydrometry - systematic observations
and measurements of the water regime of waterways, water
reservoirs and amelioration systems at hydrometrical stations, as
well as the processing of the obtained data;
11) hydrometrical station - a stationary equipped place
where systematic observations and measurements of the water
regime of waterways, water reservoirs and amelioration systems
are made.
[3 June 2010; 5 June 2014; 20 October 2022]
Section 2. The purpose of the Law is to ensure such
mechanism for the management of amelioration systems which
promotes the sustainable management and use of natural resources,
ensures the water regime necessary for the safety and welfare of
inhabitants, development of infrastructure, as well as
construction, operation, maintenance, and management of
amelioration systems.
[5 June 2014; 30 March 2017]
Section 3. The owner or legal possessor of the land has
the right to perform land amelioration in conformity with the
requirements laid down in the laws and regulations regarding the
construction of amelioration systems and has the obligation to
operate and maintain an amelioration system in accordance with
the requirements of the relevant laws and regulations.
[20 October 2022]
Section 4. (1) Valsts sabiedrība ar ierobežotu
atbildību "Zemkopības ministrijas nekustamie īpašumi" [State
limited liability company Immovable Properties of the Ministry of
Agriculture] (hereinafter - the State limited liability company
Immovable Properties of the Ministry of Agriculture) shall issue
technical regulations for the following activities in ameliorated
lands and exploitation protection zones around amelioration
structures and installations:
1) for the construction, movement, and rebuilding of
structures and engineering communications;
2) for the extraction of mineral resources;
3) for afforestation;
4) for the planting of woody plantations in the ameliorated
agricultural land;
5) for other activities in places where it may disturb the
operational regime of the amelioration system.
(2) In order to receive technical regulations the owner or
legal possessor of immovable property or his or her authorised
person shall submit an application to the State limited liability
company Immovable Properties of the Ministry of Agriculture in
which the intention is substantiated and to which a plan of the
intended site of the measure in scale of 1:10 000 or higher
accuracy is attached.
(3) [5 June 2014]
[5 June 2014 / See Paragraph 8 of Transitional
Provisions]
Section 5. Construction, rebuilding, or renewal of
structures and engineering networks within the boundaries of
ameliorated land or outside them, or in exploitation protection
zones around land amelioration structures and installations may
not deteriorate the groundwater regime and the operation of the
amelioration system.
[5 June 2014]
Section 6. Owners or legal possessors of the land shall
jointly ensure the design and construction of an amelioration
system for common use in accordance with the procedures laid down
in laws and regulations.
Section 7. Based on their effect on the groundwater
regime, amelioration systems shall be classified as follows:
1) drainage system - a complex of dedicated structures for
land drainage;
2) irrigation system - a complex of dedicated structures and
installations for land irrigation;
3) two-way amelioration system - a drainage system which may
also be also be used for land irrigation.
Section 8. Amelioration systems shall be classified as
follows according to the data of the amelioration cadastre, as
well as depending on their operation and maintenance:
1) a State amelioration system;
2) an amelioration system of national significance;
3) a local government amelioration system;
31) an amelioration system of local government
significance for common use;
4) an amelioration system for common use;
5) an amelioration system of a single property.
[5 June 2014]
Section 9. The procedures for determining and
reimbursing losses related to the damage to, destruction or
limitation of the right to use amelioration systems shall be
determined by the Cabinet.
Chapter II
Management of an Amelioration System
Section 10. The construction of an amelioration system
shall be controlled by the building authority of the local
government.
Section 11. The operation and maintenance of an
amelioration system shall be supervised by the State and local
government authorities in accordance with the procedures laid
down in laws and regulations.
Section 12. The owner or legal possessor of land shall
ensure the possibility to access the amelioration structures and
installations located within the boundaries of the land in his or
her ownership or legal possession to officials and persons
authorised or appointed thereby who control and monitor the
amelioration system or perform tasks related to the inventory,
construction, operation, and maintenance of the amelioration
system.
[5 June 2014]
Section 13. The procedures for performing ameliorative
hydrometric work shall be determined by the Cabinet.
Section 13.1 The list of State amelioration
systems and amelioration systems of national significance shall
be approved by the Minister for Agriculture in accordance with
the laws and regulations regarding amelioration cadastre.
[5 June 2014]
Chapter III
Amelioration Cadastre
Section 14. (1) The amelioration cadastre shall include
information on any amelioration system in the ownership or legal
possession of the State, local government, natural person or
legal person, including data on the layout of the ameliorated
land and the quantitative and qualitative condition of the
amelioration system.
(2) Data of the State Immovable Property Cadastre Information
System on borders and cadastral designation of the plot of land
shall be used for the establishment and maintenance of the
amelioration cadastre. Data of the State Immovable Property
Cadastre Information System on the owner or legal possessor of
land - the name, surname and personal identification number of a
natural person or the name and registration number of a legal
person - shall be used for the management of amelioration
systems.
(3) The content of the amelioration cadastre, the procedures
for its establishment and maintenance, and also procedures for
the exchange of information exchange shall be determined by the
Cabinet.
[30 March 2017; 20 October 2022]
Section 15. Data of the amelioration cadastre shall be
maintained and updated by the State limited liability company
Immovable Properties of the Ministry of Agriculture.
Section 16. (1) In order to update the amelioration
cadastre:
1) the State limited liability company Immovable Properties of
the Ministry of Agriculture shall perform the initial inventory
of the State amelioration system and the amelioration system of
national significance;
2) the owner or legal possessor of land shall perform the
initial inventory of the amelioration system of a single property
and an amelioration system for common use;
3) a local government is entitled to perform inventory of the
local government amelioration systems or amelioration systems of
local government significance for common use located within its
administrative territory. The local government shall inform in
writing the owner or legal possessor of plot of land within the
borders of which the respective amelioration system is located of
performing the inventory one month before its performance.
(2) The owner or legal possessor of land shall submit the
information obtained during the inventory to the State limited
liability company Immovable Properties of the Ministry of
Agriculture.
(3) The content of and the procedures for performing the
inventory of an amelioration system, as well as the procedures
for submitting and updating the data of the amelioration cadastre
shall be determined by the Cabinet.
[20 October 2022]
Section 17. Upon a request of the owner or legal
possessor of land, local government, or valsts sabiedrība ar
ierobežotu atbildību "Latvijas Valsts ceļi" [State limited
liability company Latvians State Roads], the State limited
liability company Immovable Properties of the Ministry of
Agriculture shall issue to the requester a statement of the
amelioration cadastre on the amelioration system or a part of the
amelioration system of the plot of land.
[20 October 2022]
Section 18. (1) The owner or legal possessor of land
shall, within a month after changes in an amelioration system,
inform the State limited liability company Immovable Properties
of the Ministry of Agriculture in writing of the quantitative or
qualitative changes in the amelioration system which is located
within the borders of the land in his or her ownership or legal
possession.
(2) A local government shall, within a month after
establishment of quantitative or qualitative changes in the
amelioration system of local government significance for common
use, inform thereof in writing the State limited liability
company Immovable Properties of the Ministry of Agriculture and
the owner or legal possessor of plot of land within the border of
which the respective amelioration system is located.
[20 October 2022]
Chapter IV
Construction, Operation and Maintenance of an Amelioration
System
[30 March 2017]
Section 19. The State amelioration system and an
amelioration system of national significance shall be
constructed, maintained, and operated by the State limited
liability company Immovable Properties of the Ministry of
Agriculture.
[5 June 2014]
Section 20. Hydrometrical stations for ameliorative
hydrometry shall be maintained, systematic observations,
measurements and calculations shall be made therein and
hydrometric data shall be made available to the public by the
State limited liability company Immovable Properties of the
Ministry of Agriculture.
Section 21. Amelioration systems on the State forest
land transferred under the management of valsts akciju
sabiedrība "Latvijas Valsts meži" [State joint-stock company
Latvian State Forests], the State Forest Service and the Nature
Conservation Agency shall be operated and maintained by valsts
akciju sabiedrībs "Latvijas Valsts meži", the State Forest
Service and the Nature Conservation Agency accordingly, except
for that specified in Section 19 of this Law.
Section 22. (1) The construction, operation, and
maintenance of a local government amelioration system shall be
ensured by the relevant local government.
(2) If the local government amelioration system is located in
the administrative territory of two or several local governments,
they have an obligation to participate in the construction,
operation, and maintenance of the local government amelioration
system.
[5 June 2014]
Section 22.1 (1) The construction,
operation, and maintenance of an amelioration system of local
government significance for common use shall be ensured by the
owners or legal possessors of the relevant land. The local
government may participate in the construction, operation, and
maintenance of an amelioration system of local government
significance for common use.
(2) The procedures by which a local government shall
participate in the construction, operation, and maintenance of an
amelioration system of local government significance for common
use and also the procedures by which the local government shall
participate in covering the costs of construction, operation, and
maintenance of an amelioration system of local government
significance for common use shall be determined by the
Cabinet.
[5 June 2014]
Section 22.2 (1) A local government shall
decide on granting the status of an amelioration system of local
government significance for common use. Before taking the
decision, the local government shall agree upon the location,
designations of the amelioration cadastre and length of the
amelioration system for common use with the State limited
liability company Immovable Properties of the Ministry of
Agriculture, and shall also find out and evaluate the opinion of
the owners or legal possessors of the land parcels within the
border of which the amelioration system for common use is
located. The decision taken may be appealed before a court in
accordance with the procedures laid down in the Administrative
Procedure Law. Appeal of the decision shall not suspend its
operation.
(2) A local government may provide additional requirements for
the operation and maintenance of an amelioration system of local
government significance for common use and liability for
violating the aforementioned requirements in its binding
regulations.
(3) A local government shall, within one month after the
decision to grant the status of an amelioration system of local
government significance for common use is taken, inform the State
limited liability company Immovable Properties of the Ministry of
Agriculture thereof.
[5 June 2014; 30 March 2017; 20 October 2022]
Section 23. An amelioration system for common use shall
be operated and maintained by the owners or legal possessors of
the relevant land.
Section 24. An amelioration system of a single property
shall be operated and maintained by the owner or legal possessor
of the relevant land.
Section 25. The Cabinet shall issue regulations
regarding the operation and maintenance of an amelioration system
by stipulating the requirements with which the owner or legal
possessor of land must comply while using, caring for and
preserving the amelioration system.
Section 25.1 Construction intention planned
in the borderland shall be agreed upon with the State Border
Guard before the submission of the intention application to the
building authority.
[30 March 2017]
Section 25.2 Owners of amelioration systems
have the obligation to agree upon the construction intention for
an amelioration system with the owner or legal possessor of the
respective land. The procedure for agreeing upon the construction
intention may be replaced with the timely provision of
information to the owner or legal possessor of the respective
land in writing if the renewal of State amelioration systems and
amelioration systems of national and local government
significance is planned without changing the width of the
previously determined protection zone or the size of the
protection zone.
[30 March 2017; 20 October 2022]
Chapter V
Financing of Amelioration
Section 26.
[3 June 2010]
Section 27. The construction, rebuilding and renewal,
operation and maintenance of the State amelioration system and an
amelioration system of national significance shall be financed
from the funds provided for this purpose in the State budget.
[3 June 2010; 5 June 2014]
Section 28. The construction, operation and maintenance
of a local government amelioration system shall be financed by
the local government.
Section 29. (1) The construction, operation and
maintenance of an amelioration system for common use shall be
financed by the owners or legal possessors of the relevant land
according to a fixed fee.
(2) The procedures for calculating and distributing the costs
and settling the accounts for the construction, operation, and
maintenance of an amelioration system for common use,
amelioration system of local government significance for common
use, and also such local government amelioration system and
amelioration system of local government significance for common
use which is located in the administrative territory of two or
several local governments shall be determined by the Cabinet.
(3) In cases when an amelioration system for common use does
not provide the water regime provided for in the construction
norms for amelioration systems and hydrotechnical structures or
creates an accident threat, the local government is entitled to
ensure the financing of the construction, operation and
maintenance of an amelioration system for common use by
collecting payment from the owner or legal possessor of the
land.
[5 June 2014]
Section 30. The construction, operation and maintenance
of an amelioration system of a single property shall be financed
by the owner or legal possessor of the relevant land.
Section 31. Ameliorative hydrometry, practical
scientific research and development of amelioration, preparation
of sectoral norms (standards) and organisation of the
amelioration cadastre shall be financed from the funds from the
State budget intended for this purpose.
Chapter VI
Ameliorative Technical Documentation
Section 32. (1) Ameliorative technical documentation
shall contain the documentation of agricultural land amelioration
projects, drawings of hydrotechnical structure projects
(originals), documentation of drainage and polder projects,
forest amelioration projects, documentation of projects for
buildings and structures of undertakings in the field of
amelioration, as well as documentation of different water
management developments.
(2) The archives of ameliorative technical documentation shall
be stored by the State limited liability company Immovable
Properties of the Ministry of Agriculture.
Chapter VII
Administrative Offences in the Field of Amelioration and
Competence in Administrative Offence Proceedings
[3 October 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 10 of Transitional
Provisions]
Section 33. (1) For the littering, polluting, allowing
to overgrow or clogging of the amelioration system, a fine from
three to forty units of fine shall be imposed on a natural
person, but a fine from twenty to one hundred units of fine on a
legal person.
(2) For the damage to or destruction of an amelioration
system, a fine from fourteen to one hundred and forty units of
fine shall be imposed on a natural person, but a fine from
twenty-eight to two hundred and eighty units of fine on a legal
person.
[3 October 2019 / This Section shall come into force on 1
July 2020. See Paragraph 10 of Transitional Provisions]
Section 34. The administrative offence proceedings for
the offences referred to in Section 33 of this Law shall be
conducted by the official of a local government building
authority or the environmental control official of the local
government.
[3 October 2019 / This Section shall come into force on 1
July 2020. See Paragraph 10 of Transitional Provisions]
Transitional provisions
1. With the coming into force of this Law, the Amelioration
Law of 20 November 2003 (Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 2004, No. 2) is repealed.
2. [3 June 2010]
3. [3 June 2010]
4. The Cabinet shall issue the regulations referred to in
Section 13 and Section 16, Paragraph three of this Law by 30 June
2010.
5. Until the day when the relevant Cabinet regulations come
into force, but not later than until 30 June 2010, the following
Cabinet regulations shall be applicable insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 272 of 8 April 2004, Regulations
Regarding the Operation and Maintenance of Land Amelioration
Systems;
2) Cabinet Regulation No. 520 of 1 June 2004, Procedures for
the Determination and Reimbursement of Losses Related to the
Damage to, Destruction or Limitation of the Right to Use
Amelioration Systems;
3) Cabinet Regulation No. 629 of 27 July 2004, Regulations
Regarding Land Amelioration Cadastre;
4) Cabinet Regulation No. 662 of 3 August 2004, Procedures for
Calculation of the Costs of Construction, Operation and
Maintenance of Amelioration Systems for Common Use, Their
Distribution and Settlement.
6. [3 June 2010]
7. With the coming into force of this Law, the Rural Support
Service shall transfer and the State limited liability company
Immovable Properties of the Ministry of Agriculture shall accept
the amelioration cadastre and ameliorative hydrometry and all the
moveable and immovable property relating to them, concurrently
excluding the property from the balance of the Rural Support
Service and placing it in the balance of the State limited
liability company Immovable Properties of the Ministry of
Agriculture.
8. Section 4, Paragraph one, Clause 4 of this Law in relation
to the issuance of technical provisions for planting of woody
plantations in ameliorated land to be used for agriculture shall
come into force concurrently with the relevant amendments to the
Law on Agriculture and Rural Development.
[5 June 2014]
9. The Cabinet shall, by 31 December 2014, issue the
regulations referred to in Section 22.1, Paragraph two
and Section 29, Paragraph two of this Law.
[5 June 2014]
10. Chapter VII of this Law shall come into force concurrently
with the Law on Administrative Liability.
[3 October 2019]
11. Until the immovable property is registered in the Land
Register for the first time, the user of land referred to in the
laws governing the land reform and privatisation is the subject
of the cadastre which is entered in the State Immovable Property
Cadastre Information System as the user, and data of this user
are used for the management of amelioration systems. The user of
land has the rights and obligations specified in Sections 12, 17,
and 18, Section 22.1, Paragraph one, Section
22.2, Paragraph one, and Sections 23, 24, and 30 of
this Law.
[20 October 2022]
This Law shall come into force on 25 January 2010.
This Law has been adopted by the Saeima on 14 January
2010.
President V. Zatlers
Rīga, 22 January 2010
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)