Regulations Regarding Land Amelioration Cadastre

Republic of Latvia

Cabinet

Regulation No 629

Adopted 27 July 2004

Regulations regarding Land Amelioration Cadastre

Issued pursuant to

Section 13, Part one

of the Amelioration Law

I. General Provisions

1. These Regulations prescribe the content and procedures for the establishment of the amelioration cadastre, as well as the status of the national amelioration systems, amelioration systems for common use and of the amelioration system of a single property.

2. The amelioration cadastre shall be a database containing systemised information regarding the location of ameliorated land, the quantitative and qualitative state of the amelioration systems, as well as specify the owners or legal possessors of such land and provide the information necessary for the implementation of State or local government functions and for the activities of other natural persons and legal persons.

3. The Rural Support Service (hereinafter – Service) shall form an amelioration cadastre – obtain, systemise, clarify, store data and perform exchange thereof (hereinafter – data circulation), as well as determine the status of the amelioration system.

4. The Service shall issue a water resources code to amelioration system drainage catchment basins (hereinafter – catchment basin) in accordance with the classifier of the water resources section and water bodies which have been approved by the Ministry of Environment.

II. Contents and Establishment of Amelioration Cadastre

5. The amelioration cadastre shall consist of:

5.1. a text part, which shall compile data regarding the quantitative and qualitative state, status of the amelioration systems, location of the ameliorated land, usage type and land area, ameliorative hydrometry, as well as regarding the owner or legal possessor of the land, specifying the address, name, surname and personal identity number of the person – for a natural person, the name and registration number – for a legal person; and

5.2. a graphic part, which shall include amelioration cadastre plans and digital maps of relevant scale which shall depict drainage, borders of catchment basins and ameliorated lands, structures and installations of amelioration systems, hydrometry stations, notations of the amelioration cadastre, as well as designations of the units of land, the border of land blocks and cadastre of land units.

6. The quantitative state of amelioration systems shall be determined by completing a summary of the main indicators of amelioration systems (Annex 1).

7. Notations in compliance with Annex 2 to these Regulations shall be used in amelioration cadastre plans.

8. The following shall be utilised for the establishment and maintenance of the amelioration cadastre:

8.1. documentation of performance of construction works of amelioration systems;

8.2. construction designs;

8.3. documentation of the inventory and technical provisions regarding the reconstruction of the amelioration systems;

8.4. ameliorative hydrometry data; and

8.5. data of the register of the State cadastre of immovable property regarding borders of land units and notations of the amelioration cadastre of land units, cadastre number, name or address of the immovable property and division of the total area of the land unit according to the types of usage of the land.

9. The Service shall organise the documentation and data referred to in Paragraph 8 in three levels of cadastre matters:

9.1. the cadastre matter of amelioration of the service or territorial structural unit of the relevant region:

9.1.1. data of the ameliorative hydrometry;

9.1.2. a summary of the main indicators of the amelioration systems of the administrative territories of a region; and

9.1.3. a graphical part of the amelioration cadastre, scale 1 : 50000;

9.2. an amelioration cadastre matter of the relevant administrative territory:

9.2.1. documentation of the performance of construction works of melioration systems and construction designs;

9.2.2. documentation of the inventory and technical provisions regarding reconstruction of the amelioration systems;

9.2.3. a summary of the main indicators of the amelioration systems of the administrative territory;

9.2.4. graphical part of the amelioration cadastre, scale 1 : 25,000 and 1 : 10,000; and

9.2.5. marking plans of the amelioration systems, scale 1 : 5,000 and 1 : 2,000; and

9.3. the matter of amelioration cadastre of the land property:

9.3.1. a deed of delivery and acceptance of amelioration systems;

9.3.2. an amelioration certificate of a land property;

9.3.3. graphical part of the amelioration cadastre, scale 1 : 10,000 and marking plans of the amelioration systems, scale 1 : 5,000 or 1 : 2,000; and

9.3.4. a summary of the main indicators of the amelioration systems of land units.

10. The amelioration certificate of a land property shall be made by the Service and one copy thereof shall be in the possession of the relevant territorial office of the Service, but the other – with the landowner or legal possessor.

11. The Service shall clarify and enter information into the amelioration cadastre, on the basis of the documentation regarding the construction, writing off inventory of the amelioration systems and data of the register of the State cadastre of immovable property in compliance with regulatory enactments regarding exchange of the amelioration cadastre information.

12. The accuracy of the amelioration cadastre information and of the changes made thereto shall be certified by the signature of an official, specifying the date of the entry made (including in the electronic database, where possible).

13. The Service shall establish and introduce an electronic amelioration cadastre data base, developing the structure of the text and graphic part, contents and data exchange procedures, as well as shall ensure the usage (development) of a unified software of the register, observing the requirements specified in regulatory enactments regarding the State information systems.

14. The electronic amelioration cadastre database shall be maintained by the Service. Documents upon the basis of which the amelioration cadastre is established and maintained shall be stored permanently on paper and/or electronically.

III. Inventory of Amelioration Systems

15. Amelioration systems shall be inventoried in accordance with Section 15 of the Amelioration Law in order to ensure renewal of the data base of the amelioration cadastre and State administration of the amelioration systems on and which is in a certain property or legal possession.

16. The task of the inventory of amelioration systems shall be to clarify the quantitative and qualitative condition of amelioration systems and the location and area of the ameliorated land.

17. The Service shall take an inventory of amelioration systems and shall be responsible for the accuracy of the inventory data.

IV. Determination of Status of Amelioration System and Registration of Amelioration System

18. The Service shall determine the following statuses of amelioration systems:

18.1. an amelioration system of national significance. The status shall be determined for:

18.1.1. a drainage the catchment basin which is 10 and more km2 with a length 5km and more (including cross-border drainage);

18.1.2. hydrotechnic structures and installations (including polder drainage systems) in case of accidents in which a high water or flood may endanger a territory of 100 and more ha or a populated area;

18.2. an amelioration system for common use. The status shall be determined for:

18.2.1. drainage (including a collector of large diameter) which shall ensure the regulation of the water regimen of the land which is in the legal property, except for the structures of the delimiting and regulating network;

18.2.2. hydrotechnic structures and installations, which are not in the possession of other natural or legal possession, but are located on the drainage for common use;

18.3. an amelioration system of a single property. The status shall be determined for:

18.3.1. drainage located within the borders of the land of a single property or legal possession;

18.3.2. regulating and delimiting network structures (drain systems, drainage ditches and perimeter ditches) which are located within the borders of the land located in one property or legal possession, irrespective of the number of the properties or legal possession containing land areas the water regime regulation of which they affect; and

18.3.3. hydrotechnic structures and installations, which are not in the possession of other natural or legal persons, but are located on the drainage of the same property.

19. The Service shall, once a year, after the clarification of the information or the introduction of changes thereto, draw up the data survey regarding the State amelioration systems and amelioration systems of national significance, and shall submit it to the Minister for Agriculture for approval.

20. Amelioration systems which are in the possession of the State, local governments and other natural or legal persons or on the lands which are in legal possession, irrespective of the ownership and status of the property thereof, shall be registered by the Service in the amelioration cadastre, granting an amelioration cadastre number thereto. A registered amelioration system to which a certain amelioration cadastre number has been granted shall form a unit of the amelioration cadastre.

21. The number of the amelioration cadastre shall consist of notations of three levels:

21.1. the first level (six decimal digits) shall designate an administrative territory in accordance with the classifier of administrative territories and territorial units;

21.2. the second level (three decimal digits) shall designate the number of the amelioration object in accordance with the granted number in the amelioration cadastre; and

21.3. the third level (three decimal digits) shall designate the number of the amelioration system in accordance with the marking plan of the amelioration system.

V. Closing Provisions

22. By 1 November 2005 the Service shall:

22.1. grant the code referred to in Paragraph 4 of these Regulations to the catchment basins; and

22.2. in accordance with the procedures specified in Paragraph 18, clarify the status of the amelioration systems and register the changes in the amelioration cadastre.

23. The Service shall establish and implement the electronic amelioration cadastre database referred to in Paragraph 13 of these Regulations by 31 December 2006.

24. Designations No.1, No.3 and No.5 of Annex 2 to these Regulations shall be applied in the graphic material until 31 December 2006.

Prime Minister I. Emsis

Minister for Agriculture M. Roze

Annex 1

Cabinet Regulation No. 629

27 July 2004

Rural Support Service ______

(name of territorial unit)

______

(name of administrative territory)

Summary of Main Indices of Amelioration Systems

I. Draining Systems

II. Irrigation Systems

Completed by ______

(position, signature and full name)

___ı___ı. ı___ı___ ı. ı___ı___ı___ı___ı.

(day) (month) (year)

Minister for Agriculture M. Roze

Annex 2

Cabinet Regulation No. 629

27 July 2004

Notations Used in Amelioration Cadastre Plans

I. Drainage Systems

Designation

M 1 : 25000

M 1 : 10000

Area with a reconstructed drainage network

T

N-n

S-n

Dz

System No. ______

II. Irrigation Systems

Ū-375 -7,6 _ 32,80

MSV

Minister for Agriculture M. Roze

Translation © 2005 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)1