No-fault liability regarding measures against flooding

No-fault liability regarding measures against flooding

Water, Oceans and Sustainability ConferenceReseau d’eau

Willemijn van Doorn-Hoekveld01-11-2013

Germany 2013

Damage Germany

Private parties

€ 6,7 billion

Companies

Bundesländer Cities

(some) Costs of projects against flooding Netherlands

Room for the River: € 2,2 billion

(new) Flood Protection Programme: € 5-8,5 billion

Meuse Works: € 1 billion

No fault liability in the Netherlands

Developed in the field of infrastructure and water management

Basis in principle of equality before public burdens (égalité devant les charges publiques)

Regulations

• Chapter 7.3 Water Act (7.14 et seq)• Regulation of no fault liability of the Ministry of

Transport, Public Works and Water management 1999 (now: Ministry of Infrastructure and the Environment)

• Regulation of damage compensation within ‘Room for the River’

• Municipal regulations• Water Board regulations• Section 6.1 of the Spatial Planning Act• General Administrative Law Act

7.14 Water Act

1. Any person who suffers or will suffer damage as a consequence of the lawful exercise of water management duty or competence shall, at his request, be awarded compensation by the administrative authority concerned where such damage should not within all fairness remain for his account and where compensation is not or not sufficiently otherwise guaranteed.

Causes of damage

A decision taken by an administrative authority a water permit, decisions regarding target levels for designated bodies or surface waters or groundwater, project plan, etc.

A de facto action (the actual work) temporarily closing a bridge because of immediate

danger

In most cases the cause of the damage will be the decision that underlies the actual work

Types of damage

Devaluation of the property

Loss of income

Damage to property

Devaluation of property

Devaluation of the property

Before After

Loss of income

Damage to property

7.15 Water Act: damage in connection to swamping and flooding of land for flood management causes

Procedure

Not in the same procedure as the decision that causes damage

Panel of experts advises

Minister/water board decides

Questions to all

Do you have a (similar) compensation regime in your country?

What is the legal basis of this regime?