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No-fault liability regarding measures against flooding
Water, Oceans and Sustainability ConferenceReseau d’eau
Willemijn van Doorn-Hoekveld01-11-2013
Germany 2013
Damage Germany
Private parties
€ 6,7 billion
Companies
Bundesländer Cities
(some) Costs of projects against flooding Netherlands
Room for the River: € 2,2 billion
(new) Flood Protection Programme: € 5-8,5 billion
Meuse Works: € 1 billion
No fault liability in the Netherlands
Developed in the field of infrastructure and water management
Basis in principle of equality before public burdens (égalité devant les charges publiques)
Regulations
• Chapter 7.3 Water Act (7.14 et seq)• Regulation of no fault liability of the Ministry of
Transport, Public Works and Water management 1999 (now: Ministry of Infrastructure and the Environment)
• Regulation of damage compensation within ‘Room for the River’
• Municipal regulations• Water Board regulations• Section 6.1 of the Spatial Planning Act• General Administrative Law Act
7.14 Water Act
1. Any person who suffers or will suffer damage as a consequence of the lawful exercise of water management duty or competence shall, at his request, be awarded compensation by the administrative authority concerned where such damage should not within all fairness remain for his account and where compensation is not or not sufficiently otherwise guaranteed.
Causes of damage
A decision taken by an administrative authority a water permit, decisions regarding target levels for designated bodies or surface waters or groundwater, project plan, etc.
A de facto action (the actual work) temporarily closing a bridge because of immediate
danger
In most cases the cause of the damage will be the decision that underlies the actual work
Types of damage
Devaluation of the property
Loss of income
Damage to property
Devaluation of property
Devaluation of the property
Before After
Loss of income
Damage to property
7.15 Water Act: damage in connection to swamping and flooding of land for flood management causes
Procedure
Not in the same procedure as the decision that causes damage
Panel of experts advises
Minister/water board decides
Questions to all
Do you have a (similar) compensation regime in your country?
What is the legal basis of this regime?