Spatial Planning Act (SPA)

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In The Matter OfSpatial Planning Act (SPA)
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.

Art. 33 Rights under cantonal law

1 Land use plans shall be made available for public inspection. 2 Cantonal legislation shall provide for at least one means of legal redress against rulings and land use plans based on this Act and on its cantonal and federal implementing provisions. 3 It shall guarantee: a. at least the same rights of appeal as for an appeal under public law to the Federal Supreme Court; b. full examination by at least one appeal authority. 4 Uniform instances of appeal must be provided for appeals against decisions by the cantonal authorities to which Article 25a paragraph 1 applies.

Para. 3 let. a — Amended by Annex No 64 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 4 — Inserted by No I of the FA of 6 Oct. 1995, in force since 1 Jan. 1997 (AS 1996 965; BBl 1994 III 1075).

Art. 34 Rights under federal law

1 Appeals to federal authorities are governed by the general provisions on the administration of federal justice. 2 Cantons and communes are entitled to appeal against decisions made by ultimate cantonal instances on: a. compensation resulting from restrictions of title (Art. 5); b. the conformity of buildings and installations to zone regulations; c. permits in accordance with Articles 24–24d and 37a. 3 The Federal Office for Agriculture has the right to appeal against decisions on projects that affect crop rotation areas.

Art. 34 — Amended by Annex No 64 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 let. c — Now Arts 24–24e. Para. 2 let. c — Amended by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS 2007 3637; BBl 2005 7097). Para. 3 — Inserted by Annex No 5 of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463 3863; BBl 2012 2075).