Any business wishing to carry out, inter alia, water extraction or disposal concerning surface or ground water or that wishes to carry out development works close to a watercourse must request permission from the Minister for Home Affairs and the Greater Region.
This mechanism relating to the fight against water pollution aims in particular to:
- protect the health of humans and animals and ensure environmental balance;
- protect the aquatic environment and achieve a sustainable use of water;
- ensure the sustainable supply of drinking water based on the long-term protection of the available resources;
- reduce the risk of flooding;
- protect the surrounding countryside and land.
The application should be submitted to the Water Management Authority (Administration de la gestion de l’eau).
Who is concerned?
The water permit concerns all private or public natural or legal persons planning to carry out any of the following as part of their activities:
- the extraction of water, solids or gases from surface or ground water;
- the direct or indirect disposal of water of all forms, solids, gases or liquids other than water into surface or ground water, including with the aim of artificially replenishing or increasing the ground water supply;
- all development and construction works and installations in riparian or flood zones;
- any measures affecting natural seepage or involving collection of runoff water and any wastewater treatment infrastructure in zones subject to a special development plan (PAP);
- any infrastructure for the abstraction, treatment or purification of water and the storage of water intended for human consumption;
- the development and operating of quarries, mines and mining companies;
- stripping riverbanks of their vegetation, and particularly felling trees and uprooting shrubs and bushes, as well as planting coniferous trees at a distance of less than 30 metres from the edge of a watercourse;
- diversions, abstractions, changes to banks or beds of surface water and, more generally, any work that is likely to change the rate or manner of water flow, or negatively affect the marine flora and fauna;
- the subtraction and discharge of thermal energy from or through surface and ground water;
- any creation of or change to a direct or indirect connection between surface and ground water that will increase the likelihood of ground water pollution, particularly boring or sealing the bed of a watercourse;
- installations, constructions, warehouses, works or activities within protected areas or water reserves of national interest.
How to proceed
Preparing the application
When applying for a water permit, the following items must be included:
- the construction plans of the establishment (layout, profile and cross-section views, etc.) particularly indicating the layout of the premises and the location of the installations;
- a recent cadastral map (extract from the land register) showing the parcels of land concerned or portions thereof;
- an extract from a topographical map indicating the planned location of the establishment;
- an explanatory memorandum;
- photographs of the location as it is currently;
- hydraulic calculations where applicable;
- an extract, where applicable, from the general development plan (PAG) in force and the special development plan (PAP);
- any other document providing a clear picture of the project.
Application procedure
Three copies of the permit application should be sent to the Water Management Authority, along with one additional copy for each commune whose territory is involved.
Where the establishment or activity also requires a permit for the protection of nature and natural resources (article 8 of the amended law of 19 January 2004), 1 additional copy should be enclosed.
Where the project also requires a classified establishment permit, submitting a separate water permit application is not necessary. In that case, the applicant includes 2 additional copies in his application for a classified establishment permit.
The Water Management Authority 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.
Permits and control procedures
The permit primarily sets out the conditions under which any works, activities and operations should be executed, in addition to the validity period of the permit.
It also specifies the procedure and frequency of controls to ensure the conditions of the permit are respected and it may be withdrawn if they are not.
Officers of the Luxembourg police and certified agents of the Water Management Authority and the Customs and Excise Agency (Administration des douanes et accises) may carry out on-site controls and report offenders in the event of violation.
The permit is rendered null and void if the authorised installations, constructions, works or activities:
- have not been commenced, completed or put into service within 2 years;
- have remained inactive for 2 years running;
- have been destroyed or put out of use due to an accident;
- have been moved or subject to a modification or extension.