Law on Land Reclamation (No. 1-323 of 1993)

The Law on Land Reclamation of the Republic of Lithuania 9th of December 1993 Nr. 1-323 Vilnius CHAPTER I. GENERAL REGULATIONS Article 1. Main notions Land re c.Lamat.i.on i-mprovment 'of the land by hydrotechnic, culturetechnic, agro-reclamation and other means in order to regulate the regime o£ water, heq.t and air in the soil, to improve conditions for agriculture, to increase productivity of soils, to create a rational structure of . Land reclamation facilities - drainage, ditches, embankments and other hydrotechnic. constructions, irrigation facilities and the local roads which are located within the reclaimed land. Land reclamation wGrks construction of land reclamation £acilities, their reconstruct~on, repair, maintenance, also the implementation of other land reclamation measures. User of land reclamation facilities - the owner or the lessee of land in whose land there are land reclamation facilities and they are attached to him for use or are in his pr~perty. "'" Article 2. The purpose of the law This law regulates the design of land reclamati~n facilities, their use and protection, arrangement, financing and implementation of land reclamation works, legal relations between natural persons, 4egal persons and state institutions in the field of land reclamation. Article 3. The object of land reclamation w.orks The object of land reclamation works is private and state land and land reclamation facilities that are located within it. Article 4. facilities Ownership and privatization of land reclamation Land reclamation facilities constructed from budgetary funds are attached for use to land owners or state land leasers according to the proceoures--set by the Government of the Republic of Lithuania. Land-reclamation facilities are privati~ed acc~rdinq to the laws of the Republic of Lithuania. Article 5. Organization and management of land reclamat.ion works The list of directions and priori ties of land reclamation is approved by the Government of The Repub~icof Lithuania. The Ministry of Agricu~ture of the Repub~ic of Lithuania prepares programmes of land rec~amation, estab~ishes priorities of Land rec~amation, e~aborates and approves regu~ations concerning ~and rec~amation, effectuates state supervision of Larid rec~amatior. works, draws UP0 cadaster of Land rec~amation faci~ities, coordinated activities of state ~and rec~amation services. Loca~ governments(state land rec~amation agencie~) effectuate the " ro~e of owner of Larrd reclamation £aci~ities be~onging to state and ~~are responsible for the condition of these faci~ities, plans the works of Larrd rec~amation that are effectuated from the budget funds and p Lay the ro~e 9f custome;: for tho'se Land rec'lamation works, manage state accountability of ~and rec~amation facilities, take measures for implementing this ~aw and other Government decisions concerning land rec~amation and is responsible for it. Artic~e 6. P~anning and design of land reclamation I The ~and rec~amation 1S planned, ~and reclamation construction and I reconstruction projects are e~aborated in accordance with regu~ations of teritorial p~anning and other rete~Ift-regulations ap'pro~cr-bY authorities. CHAPTER II. FINANCING, STATE EXPERT EXAMINATION AND SUPERVISION, CADASTER OF LAND RECLAMATION Artic~e 7. Financing of ~and rec~amation Sma~~ works of maintenance of land rec~amation faci~ities, land rec~amation works effectuated in the ~and he~d in ~ease by foreign "citizens and companies or by joint ventures with foreign natural or ~ega~ persons are made from the own funds of 19nd owners or users. ( What is considered sma~l works is determined by the Ministry of Agricu~ture. f Other ~and rec~amation works are financed from budget. The construction of preparation, of ~and research in the field state budget. experimental land rec~amation objects, reclamation programs, app~ied scientific of land rec~amation are financed from the The Parliament(Seimas) of the Repub~ic of Lithuania approves budget assignments for land rec~amation W9rks on various targeted purposes. State budget assignments for ~andyec~amationworks must guarantee norma~ functioning of land rec~amation faci~ities wh~c~ are state property. Land reclamation desasters shal~ facilities destroyed be reconstructed or damaged during natural following the procedure established for this purpose by the Lithuanian Government. Article 8. State expert examination and supervision State expert examination of land reclamation projects and state supervision ar~ effectuated following the procedure established for this by Lithuanian Government. 9. Cadaster of land reclamation Cadaster of reclaimed land and cadaster of land reclamation facilities is integral part of state land cadaster and contains the whole information about legal, geographic and economic situation of reclaimed land and land reclamation facilities. Procedures of registry, accounting and cadaster of reclaimed land and land reclamation facilities are established by the Ministry of Agriculture. III. RIGHTS AND OBLIGATIONS OF CITIZENS OF THE REPUBLIC OF LITHUANIA, ORGANIZATIONS AND USERS OF LAND RECLAMATION FACILITIES Article 10. Rights Legal and natural persons, users of land reclamation facilities have right to obtain information about implementation of measures, to participate in discussions concerning programs and projects of land reclamation, to require state expert examination of land reclamation works, and also to require punishment of persons, which are responsible for damaging of land reclamation facilities, to claim restitution of damage which is made by effectuating land reclamation facilities or arising from damage of land reclamation facilities. Article 11. Obligations of land owners Land owners are obliged to allow establishment of land reclamation facilities in their land which are needed to reclaim land of neighbors. Damages which is made herewith to land owners or users shall be compensated and land used for these facilities shall be bought out from them. Article 12. Obligations of the users of state-owned land reclamation facilities The users of state owned land reclamation facilities are obliged to: 1) to make careful us.e-o--.i them and withoui:. any retribution perform small r~R~~~t~on ~T-ks. If users fail to perform reparation wo~ks~ ~hese works shall be made by state expence. The expence incurred by state shall be recovered from land owner using procedures established by the Civil Code. 2) to allow persons authorized by the Ministry of Agriculture anc state land reclamation services to perform examination land reclamation facili·ties......and, after agreement with user, to perform reparations of land reclamation facilities which are in their land, also allow to perform established supervision works. 3) to get approval from state land reclamation services for all land digging works made in reclaimed land. Article 13. Requirements for the design of various facilities in reclaimed land and countryside For the designing of roads, railroads, underground communications, gas pipelines, electricity and communication lines, bridges, water ~es..L?) and other facilities and bUildings in reclaimed land and in countryside it is compulsory ~9 o.btain tecnical conditions from state land reclamation services and to observe them while aesTgni:ng. CHAPTER IV. LIABILITY FOR THE VIOLATIONS OF THE LAW OF LA.ND RECLAMATION Article 14. Legal liability Persons who have violated this law or some other regulation concerning land reclamation are liable of disciplinary, administrative or criminal responsability according the~raws-Of~he Republic of Lithuania. Article 15. Compensation of damage to land reclamation facilities made by illegal activities Legal and natural persons, which have made damage to land reclamation facilities by illegal activities and therefore 'inflicted damage on the proprty and interests are liable to compensate a~l damage and to restore facilities to previous condition. Claims £or the damages made to state owned facilities are presented by state land reclamation services. Procedure of calculation of damages and rates for this calculation are approved by the Government of .the Republic o£ Lithuania.