Ordinance on Official Cadastral Surveying

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In The Matter OfOrdinance on Official Cadastral Surveying
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Repeal of Current Legislation

Art. 50 Repeal

The following are repealed: 1. the Instruction of 10 June 1919 on Order IV. triangulation; 2. the Instruction of 10 June 1919 on marking and surveying of land parcels; 3. the Federal Council Decree of 6 January 1920 on the Repeal of the Federal Council Decree of 17 November 1911 on the payment of federal contributions to the costs of monumentation of traverse points; 4. the Ordinance of 12 May 1971 on Cadastral Surveying.

let. 1 — [BS 2 568] let. 2 — [BS 2 592; AS 1980 106] let. 3 — [BS 2 658] let. 4 — [AS 1971 704; 1991 370 Annex No 2]

Section 2 Transitional Provisions

Art. 51 Adjustment of existing surveys

1 Provisionally approved surveys must be modified by an initial survey (resurvey) in accordance with the new regulations. 2 Fully approved surveys must be finalised subject to the reservation of paragraph 3. 3 The DDPS shall regulate which fully approved surveys carried out under the regulations in force before 10 June 1919 must be replaced by initial survey (resurvey) in accordance with the new regulations. 4 In fully approved surveys based on fixed point networks that are not in the national coordinate system, the adjustment of the control network to satisfy the new regulations is deemed to be equivalent to an initial survey. 5 Surveys approved in accordance with this Ordinance are considered to be valid surveys under the new regulations.

Para. 4 — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507). Para. 5 — Inserted by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745).

Art. 52 Initial surveys, finaliation, surveys in progress

1 The cantonal oversight authority for surveying shall determine whether initial surveys and finalisation that began less than two years after this Ordinance comes into force are to be conducted in accordance with the old or the new regulations. 2 The cantonal oversight authority for surveying shall decide, in consultation with the Federal Directorate of Cadastral Surveying, whether, and if necessary to what extent, surveys in progress at the time this Ordinance comes into force should be completed in accordance with the new regulations.

Art. 53 Updating of old surveys

The cantonal oversight authority for surveying shall, in consultation with the Federal Directorate of Cadastral Surveying, decide whether, and if necessary to what extent, surveys carried out under the old regulations should be updated in accordance with the new regulations.

Art. 54 Continued application of previous law

For work carried out or continued in accordance with the previous regulations as a result of a cantonal decision under Articles 52 or 53, the Instruction of 10 June 1919 on the marking and surveying of land parcels and the Ordinance of 12 May 1971 on Cadastral Surveying continue to apply.

[BS 2 592; AS 1980 106] [AS 1971 704; 1991 370 Annex No 2]

Art. 55 General map

1 The cantons may decide that original general maps or reproductions thereof may continue to be drawn up until the cadastral surveying data required for their replacement becomes available. 2 Existing general maps must continue to be updated in areas for which the cadastral surveying data necessary for their replacement is not yet available. 3 …

Art. 55 — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507). Para. 3 — Repealed by No I of the O of 23 Aug. 2023, with effect from 1 Jan. 2024 (AS 2023 529).

Art. 56 Special measures for the preservation of land parcel surveys

1 Provisional digitisation is considered to be covered under special measures for the preservation of land parcel surveys in accordance with Article 5 paragraph 3 of the Federal Decree of 20 March 1992 on Compensation for Official Cadastral Surveying. 2 Provisional digitisation is defined as the conversion of a provisionally or fully approved cadastral surveys under the old regulations into a digital form that does not or does not fully satisfy the requirements of the new cadastral surveying regulations. 3 Provisionally digitised surveys are deemed to be surveys under the old regulations. 4 The DDPS shall specify the requirements for provisional digitisation.

Para. 1 — [AS 1992 2461; 1994 1612. AS 2007 5819 Art. 6]. See now: Federal Assembly O of 6 Oct. 2006 on the Funding of Official Cadastral Surveying (SR 211.432.27). Para. 1 — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507).

Art. 57 Transitional Provisions to the Amendment of 21 May 2008

1 Until the agreement in accordance with Article 14 paragraph 3 GeoIA comes into force, data supplied to the federal authorities from official cadastral surveying shall be charged for only in accordance with actual time and associated costs. 2 …

Art. 57 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745). Para. 2 — Repealed by No I of the O of 23 Aug. 2023, with effect from 1 Jan. 2024 (AS 2023 529).

Art. 57a Transitional Provisions to the Amendment of 23 August 2023

1 If the DDPS amends the requirements for the geodata model (Art. 6), it shall regulate the transition from the current to the amended geodata model. 2 In doing so, it shall specify which current provisions of this Ordinance on the geodata model continue to apply for a limited period. 3 The information level for pipelines shall be abrogated in the following stages: a. The official geodata set for pipelines (Identifier 222) created with the Pipeline Safety Ordinance of 4 June 2021 and the information level for pipelines in official cadastral surveying shall provisionally be managed and updated in parallel. b. The Swiss Federal Office of Energy (SFOE) shall verify the data in the official geodata set for pipelines by using the data from the information level for pipelines. c. The Federal Office of Topography shall in consultation with the SFOE determine the date on which the information level for pipelines for official cadastral surveying can be abrogated and deleted; it shall notify the

Art. 57a — Inserted by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529). Para. 3 let. a — SR 746.12

Section 3 Commencement

Art. 58

This Ordinance comes into force on 1 January 1993.