Water Retaining Facilities Act (WRFA)

By Steph2
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In The Matter OfWater Retaining Facilities Act (WRFA)
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. 22 Supervision by the Federal Government

1 The Federal Supervisory Authority shall supervise the enforcement of the provisions of this Act. 2 Large water retaining facilities are subject to direct supervision by the Federal Government. 3 The Federal Council shall designate the Federal Supervisory Authority.

Art. 23 Supervision by the cantons

1 The cantons shall supervise water retaining facilities that are not subject to direct supervision by the Federal Government. 2 The cantons shall designate their own supervisory authority.

Art. 24 Special circumstances

1 In special circumstances, the Federal Supervisory Authority may conclude a supervision agreement with the canton concerned, the provisions of which deviate from those cited in Articles 22 and 23 above. 2 In the event that several water retaining facilities form an operational unit and one of the facilities is subject to direct supervision by the Federal Government, then all facilities governed by that operational unit are subject to direct supervision by the Federal Government.

Art. 25 Co-operation requirement

In order to ensure that the supervisory authority is able to perform its duties, operators of water retaining facilities shall: a. provide all requested information and all documentation; b. place the necessary personnel and material at its disposal free of charge; c. grant the supervisory authority free access at all times.

Art. 26 Reporting obligation

Persons responsible for the construction or operation of water retaining facilities must report all occurrences of relevance to safety to the supervisory authority without delay.

Art. 27 Assistance by third parties

1 The supervisory authority may call on the services of external specialists for assistance in performing its duties. 2 The associated costs are borne by the operator of the facility.

Art. 28 Supervision fee

1 To cover the costs of its supervisory activities that are not financed through direct charges, the federal supervisory authority collects an annual supervision fee. 2 The fee is paid by the operators of large water retaining facilities. 3 The amount of the supervision fee is based on the average costs for supervisory activities during the previous five years. 4 The Federal Council regulates the details and specifies the recoverable supervisory costs, and also designates the facilities that are not required to pay the fee.

Art. 29 Right of appeal

1 Appeals against decisions that are issued under this Act may be filed with the Federal Administrative Court. 2 The Federal Supervisory Authority may exercise the rights of appeal under federal and cantonal law against rulings by cantonal authorities in application of this Act and its implementing provisions. 3 Cantonal authorities shall notify the supervisory authority, immediately and free of charge, of its decisions that are subject to appeal.