Permit for occupation of the public inland waterways

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Summary:

You can request a permit for occupation of the public inland waterways under certain conditions.

For any development or construction work on the public inland waterways, you must apply in advance for a permit for occupation. This permit is issued by the Minister responsible for transport via the Department of Inland Navigation (Service de la navigation fluviale). The permit determines the conditions for the installation, development and operation of structures and facilities.

Who is concerned

Any person intending to carry out or transform any development or construction work on the public inland waterways.

Deadlines

You must submit your permit application to the Department of Inland Navigation no later than 60 days before the intended date of occupation of the public inland waterways.

Costs

The amount of the fee is set as follows:

  • EUR 50: filing fee, payable when lodging an application for a permit for occupation of the public inland waterways;
  • EUR 30: fee for modification or extension of a permit for occupation of the public inland waterways.

A payment request will be sent to you by the Department of Inland Navigation once your application has been received. The application will only be processed once proof of payment has been received.

Any occupation is generally subject to an annual land use charge. The annual land use charge is calculated on the basis of the nature of the authorised installation, the length of the riverbank allotted for it and the nature of the planned activity (activity connected or unconnected to the waterway, commercial or non-profit activity). The Department of Inland Navigation will send you a payment request, and you will need to send them proof of payment of the fee in return.

How to proceed

Submitting the application

On the application, you must state:

  • your surname(s), first name(s), capacity and home address if you are a natural person. If you are submitting the application on behalf of a legal person, you must state:
    • its company name, corporate purpose and registered office;
    • your surname(s), first name(s), capacity, home address and authority as the signatory of the application; and
    • where applicable, details of the person(s) authorised to represent the legal entity before the authorities;
  • the purpose and specifications of the installation or structure, and the description of the construction technique;
  • the intended site for the installation, and the ownership status of the land.

You must also enclose with your application:

  • a site plan on a 1:1000, 1:2000 or 1:500 scale;
  • construction plans for the installation or structure, projected on the appropriate scale, including a horizontal view and longitudinal and transverse cross-sections;
  • a recent cadastral map (extract from the land register);
  • design calculations relating to the mechanical strength, buoyancy and stability of the installation;
  • the number of each cadastral parcel concerned by the application.

You must send your permit application or your request for modification of a permit to the Department of Inland Navigation:

N.B.: Receipt of all permit applications will be acknowledged in writing. If the application is incomplete, the Department of Navigation will invite you to complete the application, and state which documents still need to be provided.

Commissioning the installation

The installation or structure can only become operational after the Department of Inland Navigation has:

  • visited the site; and
  • approved the installation or structure.

Validity

Unless a specific exception is stated, an occupation permit is valid for 5 years.

The permit expires on its stated expiry date or when it is discovered that the installation has been abandoned or that the rights granted under the permit are no longer being exercised.

The permit lapses if the authorised installations, structures, works or activities were not begun, completed or brought into operation within the time period set in the permit.

Renewal and modification

The conditions for renewing or modifying a permit are identical to the conditions for applying for a permit.

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