The water permit concerns all private or public natural or legal persons planning to carry out or set up any of the following as part of their activities:

• the extraction of water, solids or gases from surface or groundwater;
• the direct or indirect disposal of water of all forms, solids, gases, or liquids other than water, into surface or groundwater, including with the aim of artificially replenishing or increasing the groundwater supply;
• the subtraction and discharge of thermal energy from or through surface and groundwater;
• the elaboration of a special development plan (Plan d'aménagement particulier - PAP) for a new residential area;
• all works, developments, structures and installations located in riparian zones or flood-prone areas;
• any infrastructure for the abstraction, treatment or purification of water and the storage of water intended for human consumption;
• any works, construction, storage, installation or activity within protection zones or water reserves of national interest;
• construction, civil engineering, public works, and similar activities on or in the ground and that include contact with groundwater;
• the development and operating of quarries, mines and mining companies;
• any creation of or change to a direct or indirect connection between surface and groundwater, particularly boring or sealing the bed of a watercourse;
• any work likely to modify the water flow pattern or mode of flow, or to have a detrimental influence on aquatic fauna and flora, with the exception of small-scale or emergency maintenance work;
• installations and works modifying the hydrological regime of surface waters, in particular those intended for the production of hydroelectric power;
• the stripping of vegetation from riparian areas, in particular the uprooting of trees, shrubs and bushes.

Connections to the public sewerage system and the drinking water distribution network are not subject to authorisation under the amended Water Act.

Preparing the application

Applicants can complete their application for a water permit either via a MyGuichet.lu assistant which allows the electronic transfer of the file to the Water Management Agency, or by completing a paper form in which case the file must be sent by post to the Water Management Agency.

The application must include following items:

• the signed application for authorisation (F-AUT-GEN paper form or MyGuichet.lu);
• any additional form(s) indicated on the F-AUT-GEN form or MyGuichet.lu;
• if applicable, a copy of the ministerial exemption from the environmental impact assessment or the reasoned conclusion of the assessment report;
• a recent cadastral map (extract from the land register) showing the parcels of land concerned or portions thereof (scale 1:2,500);
• an extract from a topographical map indicating the planned location of the establishment (scale 1:10,000);
• an explanatory memorandum;
• a precise plan of the intended location (depending on the project);
• a plan of the piping networks (rainwater and used water piping) in the event of discharge water, and the calculations and sections of the infiltration system in the event of water ingress;
• any other document that helps to clarify the project (e.g. photographic documentation).

Electronic application procedure

Authentication with a LuxTrust certificate is required in order to use the electronic application procedure on MyGuichet.lu.

The MyGuichet.lu assistant guides the applicant through the procedure by customising which information is required and which documents must be included in the application file depending on the type of project. This guarantees the maximum efficiency of the processing.

The Water Management Agency assesses the completeness of the application and then informs the applicant of the assessment and indicates any elements which may be missing.

Application procedure by post

Three copies of the application file must be sent to the Water Management Agency. If more than one commune is territorially concerned by the project, 1 additional copy is to be added per commune concerned.

The Water Management Agency assesses the completeness of the application and then informs the applicant of the assessment and indicates any elements which may be missing.

Notification of the decision to authorise or refuse a permit is sent to the applicant within 3 months following the date on which confirmation that the application is complete is sent.

Publication of the application and notification of the decision

After receiving the application, the Water Management Agency forwards a summary of the application for information and public display to the communal administration whose territory is concerned.

The decision to grant or refuse the permit is notified to the applicant and, in copy, to the commune whose territory is concerned within 3 months of the sending of the letter certifying that the file is complete.

A certificate stating that the application for authorisation has been the subject of a ministerial decision is issued by the mayor and is posted for 40 days at the town hall.

This certificate mentions in particular that the public can view the decision and the plans relating to it at the town hall.

National Portal for Public Inquiries

The Portal for Public Inquiries is set to become the reference site for online consultation of files that are subject to a public inquiry as well as the official opinions related to these files.

The 'Inquiries' section contains all the information relating to public enquiries and allows users to consult the details of a public enquiry (e.g. the opening and closing date, the file subject to a public enquiry, information relating to an information session, contact details of the authority responsible for organising the public enquiry, etc.). The portal also offers the possibility for interested parties to submit, by electronic means, their contributions relating to a public enquiry directly to the relevant authorities.

Appeals

Judicial appeal

Appeals against the decisions taken can be filed with the Administrative tribunal, which rules as a judge on the merits. The judicial appeal must be filed in the form of a petition signed by a court lawyer, within 40 days of the notification of the decision, under penalty of foreclosure.

The appeal is also open to associations approved in accordance with the amended law of 19 December 2008 on water.

For appeals against a decision on an application for authorisation, these associations are deemed to have a personal interest.

Non-contentious appeal

A non-contentious appeal may be made in writing to the minister or the administration that took the decision, within 40 days of notification of the decision.

In this case, the time limit for filing a judicial appeal is suspended.

If, within 3 months of the filing of the non-contentious appeal:

• a new decision is taken; or
• if no decision is taken;

a new period of 40 days for filing a contentious appeal with the administrative court will begin.

Complaint to the Ombudsman

A complaint can also be lodged with the Ombudsman.

This complaint neither interrupts nor suspends the legal time limits for non-contentious or judicial appeals.

The ombudsman cannot change the decision taken, but can intervene with the competent authority in an attempt to reach a settlement.

Development/operation of the object of the application

Development/operation of the object of the application may only begin after obtaining the ministerial decree(s).

The water permit does not exempt from the need to obtain other authorisations required under other legal provisions applicable to different matters, in particular:

• building permits;
• authorisations with regard to the protection of nature and natural resources;
• operating permits for classified establishments ('commodo/incommodo');
• deforestation/clearing permits;
• road-building permits;
• authorisations concerning historical sites and monuments.

Special procedures

1. Procedure for new boreholes/wells

The procedure concerning the application for authorisation to take groundwater from a new borehole or well is divided into 2 phases:

• phase 1: authorisation to carry out drilling and pumping tests. The first authorisation enables applicants to carry out exploratory drilling and pumping tests in order to determine the possible water quantity that can be drawn;
• phase 2: authorisation to operate the borehole or well. Once the results of the drilling and pumping tests have been obtained, a second application for authorisation is to be sent to the Water Management Agency for the extraction of groundwater from new borehole(s)/well(s).

This application must be supplemented by the ministerial exemption from the environmental impact assessment or by the reasoned conclusion of the assessment report.

Applications can be made in the same way as the general procedures.

Applications submitted by post (phases 1 and 2) must be accompanied by the appropriate form (see 'Forms/Online Services' below).

2. Procedure for works and constructions in flood-prone areas

Project plans, especially for backfill works and construction, should be completed with the HQ10, HQ100 and HQextreme levels. The exact levels for the project in question should be requested in advance by email from demande.donnees@eau.etat.lu.

Procedure for renewal/modification of a permit

Procedure for renewal of a permit

This procedure only applies to projects where the permit is liable to lapse or expire.

An permit with no time limit, for which work is in progress and for which the duration of the work exceeds 2 years, does not need to be renewed.

Applications to renew a permit may be made in the same way as the general procedures.

The application for renewal (including the documents annexed to the initial decision) must be submitted in triplicate on paper (+ 1 copy for each additional commune) to the Water Management Agency or electronically via MyGuichet.lu.

Procedure for modification of a permit

Applications to amend a permit may be made in the same way as the general procedures.

The application for modification (including the documents annexed to the initial decision) must be submitted in triplicate on paper (+ 1 copy for each additional commune) to the Water Management Agency or electronically via MyGuichet.lu.

The explanatory memorandum must be supplemented by a register containing all the documents that have been modified in relation to the application that was initially authorised.

Declaration and derogation procedure

Procedure for requesting derogations from water-related regulations

This procedure only applies to projects, where the regulations explicitly provide for the possibility to request a derogation from the regulations:

• for Grand-Ducal regulations creating protection zones around groundwater catchment sites, the possibility for a derogation, where it exists, is set out in Article 3;
• for the Grand-Ducal regulation delimiting the protection zone around the Lac de la Haute-Sûre, the possibilities for derogation are set out in Articles 6, 13 and 24.

A guide to help with the procedures concerning applications for derogation in the agricultural sector is available on the website of the Water Management Agency.

Declaration procedure

This procedure only applies to projects where the regulatory texts or ministerial decrees explicitly require the declaration of certain activities to the Water Management Agency, for example:

• the cessation of installations, works or activities that are subject to authorisation;
• the temporary open field storage of silage within a protection zone;
• the temporary open field storage of manure within a protection zone;
• fishing competitions.

Specific declaration forms are available from the Water Management Agency (see 'Forms / Online Services' below).

They must be returned, together with any requested documents, duly completed and signed, to the Water Management Agency - Department for authorisations.

Electronic submission to autorisations@eau.etat.lu is preferred.

Authorisations

Derogations

Declarations

PAP agreement in principle

Procedures

Links