Permit for occupation of the public waterway system
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Any development or construction work on the public waterway system requires prior authorisation in the form of an occupation permit. That prior authorisation is issued by the Department of Navigation (Service de navigation), and determines the conditions for the installation, development and operation of buildings and facilities.
Who is concerned?
The following information applies to any person intending to carry out or transform any development or construction work on the public waterway system.
Prerequisites
Any building and facilities to be erected or any works to be carried out on the public waterway system is subject to authorisation.
The installation can only become operational after a site visit and approval of the installation or structure by the Department of Navigation.
Deadlines
The permit application must be sent to the Department of Navigation no later than 60 days before the intended date of occupation.
How to proceed
Filing an application
The permit application is to be sent in triplicate to the Department of Navigation.
The application must state:
- the surnames, first names, capacity and address of the applicant if they are a natural person or, if the application is being lodged by a legal person, its company name, purpose and corporate headquarters, along with the surnames, first names, roles, addresses and powers of the signer of the application and, if applicable, the details of the person or persons authorised to represent the legal person in its dealings with the administration;
- the purpose and specifications of the installation or building, and the description of the construction technique;
- the intended site for the installation, and the ownership status of the land.
It must be accompanied by:
- a site plan on a 1/1000, 1/2000 or 1/500 scale;
- construction plans for the installation or building, 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 affected by the application.
The application or a modification must be sent, with proof of payment of the tax, to the Department of Navigation:
- either by ordinary post, to Department of Navigation, PO Box 8, L-6701 Grevenmacher;
- or by email to service.navigation@sn.etat.lu.
N.B.: Receipt of all permit applications will be acknowledged in writing. If the application is incomplete, the Department of Navigation will send a letter, inviting the applicant to complete it, stating which documents still need to be provided.
Amount
The amount of the tax is determined as follows:
- EUR 50: filing fee, payable when lodging an application for a permit for occupation of the public waterway system;
- EUR 30: fee for modification or extension of a permit for occupation of the public waterway system.
The tax must be paid by bank transfer to the account: IBAN LU76 1111 0007 7596 0000, Administration de l'Enregistrement, des Domaines et de la TVA, Bureau Diekirch Domaines, including the following mandatory information: Department of Navigation, Applicant's name, Permit filing/modification fee, Year.
Any occupation is also 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 river bank allotted for it and the nature of the planned activity (activity connected or unconnected to the waterway, commercial or non-profit activity).
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 installations, buildings, works or authorised activities were not begun, completed or brought in to operation within the time period set in the authorisation.
Renewal
A one-off charge must be paid upon application for an extension of an existing permit for occupation of the public waterway system.
Online services and forms
Who to contact
Department of Navigation
-
Department of Navigation
- Address:
- 36, Rue de Machtum L-6753 Grevenmacher Luxembourg
- Phone:
- (+352) 75 00 48-0
- Fax:
- (+352) 75 88 22
- Email address:
- service.navigation@sn.etat.lu
- Website:
- http://www.service-navigation.lu
Related procedures and links
Procedures
Links
Legal references
-
Loi du 23 décembre 2016
concernant la gestion du domaine public fluvial
-
Règlement grand-ducal du 9 octobre 2017
relatif à la procédure d'autorisation harmonisée en matière d'occupation et d'utilisation privative et privilégiée du domaine public fluvial et arrêtant des prescriptions types minimales
-
Règlement grand-ducal modifié du 29 août 2017
déterminant le montant et la perception des taxes et redevances relatives à l’utilisation du domaine public fluvial
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