Water authority
A water authority is responsible in Germany the execution of the Water Act of the Federation, the water laws of the countries and the laws adopted pursuant to this statutory instruments . She sets so u. a. also the provisions of the Water Framework Directive .
According to Section 98 of the Water Rights Act in Austria, comparable authorities are the water rights authorities (district administrative authorities, the governor and the Federal Minister for Agriculture, Forestry, Environment and Water Management).
The structure can be in two or three stages, depending on the state. One distinguishes
- the highest water authorities, usually the environment ministries of the federal states,
- the upper water authorities, usually state offices, state administrative offices or regional councils and
- the lower water authorities ( water management offices), usually the administrations of the districts and urban districts.
Federation
Like most administrative matters, the implementation of water law provisions is the responsibility of the federal states. As federal authorities , the Federal Environment Agency, the Federal Maritime and Hydrographic Agency and the Federal Waterways and Shipping Administration have only been set up as special authorities for a very limited area (for example the exclusive economic zone on the continental shelf, partly coastal protection and the administration of federal waterways ).
countries
Baden-Württemberg
In Baden-Württemberg , according to Section 80 of the Water Act (WG BW), the Ministry for the Environment, Climate Protection and the Energy Sector is the highest water authority. The four Regierungspräsidien in Stuttgart, Karlsruhe, Freiburg and Tübingen, the upper water authorities, while the duties of the lower water authorities by the agricultural and urban districts are met as the lower administrative authorities. The regional councils are also responsible for large-scale management of the Alpine Rhine / Lake Constance, Upper Rhine, Upper Rhine, Neckar, Main and Danube river basins in accordance with Section 83 WG BW.
Bavaria
In Bavaria , the Bavarian State Ministry for the Environment and Consumer Protection (StMUV) is the highest water authority. The seven district governments are the upper water authorities, while the tasks of the lower water authorities are carried out by 17 water management offices.
Berlin
In Berlin , the Senate Department for Urban Development and the Environment (SenStadtUm) is the highest water authority. In the case of projects or plans that affect a federal waterway , the water authority of the State of Berlin (i.e. SenStadtUm) is affected with regard to all state water law issues.
Brandenburg
In Brandenburg , Section 124 of the Brandenburg Water Act (BbgWG) determines the ministry responsible for water management according to the resort allocation, currently the Ministry for Rural Development, Environment and Agriculture, as the highest water authority, the State Office for Environment as the water management authority as the upper water authority and the districts and districts Cities to the lower water authorities.
Bremen
There are three water authorities in Bremen (corresponding to the lower water authorities in other countries):
- the Senator for the Environment, Building and Transport for the area of the municipality of Bremen, with the exception of the city of Bremen's overseas port area of Bremerhaven,
- the municipality of Bremerhaven for the area of the municipality of Bremerhaven with the exception of the port areas,
- the Hanseatic City of Bremerhaven for the city of Bremen's overseas port area of Bremerhaven and the other port areas in Bremerhaven.
The senior water authority (corresponding to the highest water authority in other countries) is the Senator for the Environment, Construction and Transport.
Hamburg
In Hamburg , as in Bremen, there is a two-tier hierarchy: the tasks of the lower water authority are carried out by the district authorities, the tasks of the upper or highest water authority are assigned to the authority for environment and energy . As special water authorities, the Hamburg Port Authority is also responsible for the port area and storm surge protection, the financial authority for compensation and as an expropriation authority , and the Senate as a whole for the state recognition of medicinal springs.
Hesse
In Hesse , the water authorities are regulated in Section 54 of the Hessian Water Act (HWG). The highest water authority is the Hessian Ministry for the Environment, Rural Areas and Consumer Protection . The upper water authorities are the regional councils in Kassel , Gießen and Darmstadt . Lower water authorities are located in the districts and urban districts.
Mecklenburg-Western Pomerania
In Mecklenburg-Western Pomerania are gem. Section 106 of the State Water Act (LWaG) envisages the Ministry of Agriculture, Environment and Consumer Protection as the highest water authority and the State Offices for Agriculture and Environment (StÄLU) as the lower water authority as well as the district administrators and (upper) mayors of the independent cities. The LUNG (State Office for the Environment, Nature Conservation and Geology) in Güstrow acts as the upper water authority.
Lower Saxony
In Lower Saxony , a two-stage structure is regulated in Section 127 of the Lower Saxony Water Act (NWG). The highest water authority is the relevant ministry. The districts, the independent cities and the large independent cities take on the tasks of the lower water authorities. A district-free city can agree with a neighboring district, a large independent city with the district that the district also fulfills the tasks of the lower water authority for the area of the city.
North Rhine-Westphalia
In North Rhine-Westphalia the structure is three-tiered and regulated in Part 14 of the Water Act for the State of North Rhine-Westphalia (LWG NRW). The highest water authority is the Ministry for the Environment, Agriculture, Nature and Consumer Protection (MULNV) in Düsseldorf. The upper water authorities are the five district governments of Arnsberg, Detmold, Düsseldorf, Cologne and Münster. The 30 districts and 22 district-free cities in North Rhine-Westphalia act as lower water authorities. The water authorities are special regulatory authorities within the meaning of § 138 LWG NRW. The supervision of the authorities follows the cascade of authorities according to § 139 LWG NRW: Supreme supervises superiors etc.
Rhineland-Palatinate
Rhineland-Palatinate has a three-level water authority hierarchy. Lower water authorities are the district administrations, in independent cities the city administrations. The structure and approval directorates are the higher water authorities. The highest water authority is the ministry responsible for water management and water law, currently the ministry for the environment, energy, food and forestry. The State Office for the Environment and the structural and approval directorates have been set up as water management specialist authorities.
Saarland
There is a two-tier system in Saarland . According to Section 102 of the Saarland Water Act (SWG), the highest water authority is the Ministry for the Environment and Consumer Protection. Lower water authorities are the lower building supervisory authorities (districts, specially authorized municipalities and the Saarbrücken regional association) for certain listed tasks and the state office for environmental protection and occupational safety for all other tasks. Individual tasks can be delegated to the mining authorities by ordinance.
Saxony
In the Free State of Saxony there are general and special water authorities in accordance with Section 109 of the Saxon Water Act (SächsWG). General water authorities are the State Ministry for the Environment and Agriculture as the highest water authority, the State Directorate Saxony as the upper water authority and the districts and the district-free cities as the lower water authorities. Special water authorities are the State Office for the Environment, Agriculture and Geology , also as a technical authority for technical advice and support of the highest water authority, and the State Operation of the State Reservoir Administration, also as a hydraulic engineering department within the meaning of the SächsWG.
Saxony-Anhalt
In Saxony-Anhalt there is a three-tier general water authority system for the state of Saxony-Anhalt (WG LSA) in accordance with Section 10 of the Water Act. The highest water authority is the ministry responsible for water management, currently the ministry for the environment, agriculture and energy in Magdeburg. The upper water authority is the state administration office in Halle (Saale). Lower water authorities are the districts and the independent cities. In addition, special water authorities have been set up: The State Office for Environmental Protection is the technical authority for the highest water authority and supports the upper and lower water authorities on request in difficult technical questions. The State Office for Flood Protection and Water Management in Saxony-Anhalt performs the tasks of the State Service for hydrology.
Schleswig-Holstein
In Schleswig-Holstein there is a three-stage general water authority system in accordance with Section 108 of the Schleswig-Holstein State Water Act. The ministry responsible for water management, currently the ministry for energy transition, agriculture, the environment and rural areas, is the highest water authority. The State Office for Agriculture, Environment and Rural Areas acts as the upper water authority, the district administrators in the districts or the mayors of the independent cities as the lower water authorities. The coastal protection authorities are set up as special water authorities. As the highest coastal protection authority, the Ministry of the Environment is also responsible, which determines the lower coastal protection authority by ordinance, currently the state agency for coastal protection, national park and marine protection Schleswig-Holstein.
Thuringia
In Thuringia , according to the Thuringian Water Act, the highest water authority is the Thuringian Ministry for the Environment, Energy and Nature Conservation, which is responsible for water management , and the Thuringian State Administration Office is the Upper Water Authority . Lower water authorities are the districts and independent cities in the transferred sphere of activity .
Individual evidence
- ↑ Organization in the field of water management ( Memento from February 21, 2015 in the Internet Archive )
- ^ LAWA: Members. In: lawa.de. July 8, 2012, Retrieved July 8, 2012 .
- ↑ SenStadtUm: Responsibilities. In: stadtentwicklung.berlin.de. July 8, 2012, Retrieved July 8, 2012 .
- ↑ § 92 Bremen Water Act (BremWG)