Rhine Ports Act - Purpose (STGB)

1. This Act aims to facilitate the optimal utilization of the Rhine ports of the Canton of Basel-Landschaft in Birsfelden and Muttenz, within the framework of the development of the Rhine ports of both Basel regions.

1. The handling of goods in commercial shipping at the two Rhine ports is to be ensured and promoted through appropriate measures.

2. The Rhine ports are to be utilized in such a way that security and environmental protection are guaranteed.

3. The Rhine ports and the industrial area owned by the canton are to be managed by the competent directorate.

1. The provisions of this Act apply to the area designated as the harbor area by Sections 4 and 5 of this Act. The provisions of Sections 14, 26, 27, and 29 remain reserved.

1. The land side of the harbor area includes the Rhine ports of Birsfelden and Muttenz.

2. The boundary line of the Rhine port Birsfelden runs in the south along Hardstrasse, starting at the storage area for freight trains; it continues on the south side of Hafenstrasse, proceeds on the east side of Hafenstrasse up to Dinkelbergstrasse, continues on the north side of Dinkelbergstrasse up to Sternenfeldstrasse; then continues along the east side of Sternenfeldstrasse and ends at the western boundary of building lease parcel 1581 of the Birsfelden land register.

3. The Rhine port Muttenz includes the main parcels 2929, 2930 up to and including the existing Auhafentor, 2935, 2937, and 4602.

4. The decisive factor for the precise delineation of the land side area is the site plan from the land registers of the municipalities of Birsfelden and Muttenz at a scale of 1:13,500 from June 11, 1991, in the appendix.

1. The waterside of the port area extends on the left bank of the Rhine from Rhine kilometer (R-km) 159.15 to R-km 162.89 and is structured as follows

a. From R-km 159.15 to R-km 159.40 in a width of 40 m from the shore reserved for special ship berths;

b. from R-km 159.15 to R-km 159.35 in a width of 40 m from the shore up to 60 m from the shore designated for ship ventilation areas;

c. from R-km 159.40 to R-km 160.83 in the transshipment areas of Auhafen, in a width of 50 m from the shore;

d. from R-km 160.83 to R-km 161.33 in regular ship berths, in a width of 50 m from the shore;

e. from R-km 161.33 to R-km 162.89 in the transshipment areas of the Birsfelderhafen, specifically from R-km 161.33 to R-km 162.80 in a width of 50 m from the shore and from R-km 162.80 to R-km 162.89 in a width of 12 m from the shore.

2. At the transshipment islands, this boundary line runs from 10 m upstream of the transshipment island to 10 m downstream of the transshipment island in a width of 12 m outside the outermost waterside point of the transshipment island. The upstream and downstream endpoints of the transshipment island are considered to be the highest and lowest points of the auxiliary facilities (e.g., dolphins) of each island.

**1. The Port Area Constitutes a Special Zone.**

2. In this zone, constructions, facilities, and installations are permitted that serve industrial and commercial use, commercial shipping, goods handling as well as trade and service companies. Furthermore, residences for business owners, location-bound personnel, and their families are allowed.

3. Provisional accommodations may be permitted as an exception.

1. The district administrator delineates the port area prescribed by law, including the existing public access roads and harbor railway facilities, in a cantonal land-use plan.

2. The cantonal land-use plan takes into account the concerns of nature conservation.

3. In the event of changes or additions to the public access roads and harbor railway facilities, the interests of the Rhine ports and the local municipalities must be considered.

1. The local municipalities decide on the development network plans for drinking water and wastewater, provided they are the owners of the respective networks.

2. The competent directorate must be consulted before the issuance of the plans and regulations. The needs of the Rhine ports must be taken into consideration.

3. The development network plans for drinking water and wastewater require the approval of the competent directorate.

1. The facilities for public infrastructure, such as roads, water, sewage, and the like, shall be constructed by the owners of the existing networks according to the approved projects.

2. Fire water channels, fire water collection basins, pumping stations, and other fire protection measures shall be constructed at the expense of the operators of fire and explosion-hazardous businesses and facilities in accordance with the requirements of the fire police authorities.

3. The canton may grant investment contributions for the construction of the infrastructure facilities. The amount of any contributions shall be measured in proportion to the interest of the canton relative to the interests of those obliged to contribute.

1. Operation and Maintenance of Development Facilities in the Port Area are the Responsibility of Each Respective Facility Owner.

1. The canton levies fees for covering the costs of the operation and maintenance of its development facilities in accordance with the polluter pays principle.

1. The canton is authorized to levy development contributions and connection fees from property owners and leaseholders for the construction and renewal of its infrastructure facilities. These charges are secured by a statutory lien without registration in the land register according to § 94 of the Expropriation Law of June 19, 1950.

2. The charges pursuant to paragraph 1 are levied based on the construction or renewal costs of the infrastructure facilities and the areas they serve. The government council regulates the amount of the charges. The competent department issues the respective orders.

3. Appeals are governed by the provisions on development charges in the Expropriation Law of June 19, 1950.

1. The canton may grant contributions to third parties for the new construction, renewal, or renovation of port and shipping facilities.

1. The canton may grant subsidies for the maintenance and operation of navigation and development facilities owned by third parties. These subsidies can be provided for facilities outside the port area, as long as these facilities serve the operation of the Rhine ports or commercial navigation.

1. The cantonal government grants the permits provided for under federal law for the construction, alteration, and operation of port, transshipment, and landing facilities both within and outside the port area (Art. 8 paragraph 1 of the Federal Act of October 3, 1975, on Inland Navigation).

2. It may delegate this task by agreement to the competent authorities of other cantons.

1. The laying of energy transmission lines (electricity, gas, district heating), telecommunication, data transmission lines, and similar on parcels owned by the Canton requires a permit from the competent Directorate.

2. The Canton is entitled to grant concessions for the use of its public area and to levy fees. The amount of the fees is based on the corresponding fees for cantonal roads.

3. Federal legal provisions remain reserved.

1. The Rhine ports of the Canton of Basel-Landschaft shall be operated in accordance with the principles of the greatest possible parity with the Rhine ports of Basel-Stadt.

2. Measures that are intended, directly or indirectly, to compete with the ports of Basel-Stadt are prohibited. Efforts to attract new businesses are not considered competition.

3. The competent authorities shall consult the Rhine-adjacent cantons within the Rhine navigation watershed on all important questions affecting shared interests in Rhine navigation, with the aim of ensuring, as far as possible, uniform positions in dealings with federal and foreign authorities and administrations, as well as with domestic and foreign economic associations.

4. The port regulations shall be issued by mutual agreement.

5. The promotion for the "Rhine Ports of both Basels" should be coordinated.

6. Port fees and land lease rates are to be coordinated.

1. The Rhine ports shall be operated according to business management principles and with their own accounting. The canton shall provide port facilities, along with the associated services of the port authority, to commercial shipping.

2. The canton shall lease plots of land under building rights to enterprises in commercial shipping, handling companies, and other suitable commercial and industrial enterprises.

1. The canton grants the host municipalities the right to be consulted on matters of common interest. It considers their needs when operating the Rhine Ports.

1. The responsibilities of the shipping and port police lie with the port administration, subject to paragraph 2. It enforces the provisions of the port regulations unless another authority is designated as responsible in inter-cantonal agreements or in this law.

2. Responsibilities of the shipping or port police may be transferred to the competent authorities of other cantons. The government council concludes the corresponding agreements.

1. The canton grants building rights parcels for the purposes provided for in the law. Any subsequent changes in purpose require the approval of the competent directorate.

2. The building rights holders must construct the intended buildings and facilities within the prescribed deadlines. Building rights parcels, buildings, and facilities must be maintained in a clean and operational condition.

1. The mortgaging of the building rights parcel in excess of the amount that exceeds 2/3 of the construction costs of the established facilities requires the approval of the competent directorate.

2. The real estate encumbrances are to be amortized annually by the building rights holder to the extent of the depreciation rates. The depreciation rates are to be determined within the scope of Art. 665 of the Swiss Code of Obligations (OR).

1. The construction lease interest shall not exceed that for comparable industrial land.

2. In determining the construction lease interest, proper consideration shall be given to the location in the port area, purpose of use, quality of development, soil conditions, investment volume, the risks of the transshipped goods, and the volume of transshipment. Enterprises with high port duties may be granted interest reductions.

3. Auction and award to the highest bidder are permissible within the scope of the legal purpose and the safeguarding of the public interest.

1. The leaseholders must insure their facilities to the best of their ability against fire, natural disaster damage, liability risks, and public liability arising from environmental protection and water protection legislation.

1. The reversion due to the passage of time and the early reversion are to be contractually agreed upon within the provisions of the Civil Code.

1. The canton levies a port charge.

2. The port charge is levied on goods that are brought in or taken out by ships. It is also levied on goods that arrive from the land side into storage, transshipment, or manufacturing operations within the port area and are subsequently taken out from there.

3. The charge is levied once by the competent directorate, either upon the entry of the goods or upon the exit of the goods.

4. The competent directorate may exempt goods from the port charge in whole or in part if the existing port infrastructure does not need to be used.

1. The port charges for goods approved and transported in rail traffic are levied in accordance with the operational agreement with the federal government.

1. Liable to levy are storage, transshipment, and manufacturing operations or other enterprises that handle goods in the Rhine ports.

1. A fee is charged to businesses that use the port infrastructure, unless a separate port levy is owed.

2. The government council issues the fee schedule.

1. The Executive Council issues the tariff regulations. The businesses subject to charges in the port area must be consulted.

1. In determining the tariff schedule, expenses must be considered, particularly for the creation, operation, and maintenance of facilities, for interest and depreciation, the cost of port administration, and risk coverage. Any additional earnings are permissible. The tariff framework ranges from 1.65 to 2.50 Swiss Francs per ton. This can be adjusted by the Executive Council every 2 years in accordance with the rate of inflation as per the national consumer price index. The Executive Council may set the tariff below the framework for goods with low delivery value.

2. Tariffs may be designed to be degressive depending on the volume of turnover or delivery revenue. In special cases, a flat fee may be agreed upon.

3. For certain goods, harbor charges may be temporarily reduced in the interest of shipping to the Rhine ports of both Basel, while maintaining parity.

4. Additional shipping costs from Basel to the Rhine ports of Basel-Country may be partially reimbursed. To balance these additional costs, a surcharge of up to 25% may be imposed on the harbor charge. The Executive Council determines the percentage within the framework of the tariff schedule.

1. The Government Council issues a port ordinance after consulting the local municipalities.

2. The port ordinance regulates the general police order within the port area.

1. The Directorate of Security, in conjunction with the Directorate of Construction and Environmental Protection, is responsible for the issuance of driving prohibitions, traffic restrictions, and orders based on the Road Traffic Act. The port administration and the local municipalities must be consulted. Due consideration must be given to their interests.

1. Trucks and trailers are permitted to park on public roads and squares only if they enter the port area for the purpose of loading and unloading goods.

2. The Directorate of Security may, after consulting the port administration and the municipal council of the local municipalities, issue parking regulations.

1. Events that are not related to the purpose and operation of the ports or the businesses established there, such as festivities or sporting events and the like, require a permit.

2. The port administration may issue permits in consultation with the local municipalities, provided that the safety and operation of the ports and other businesses are not impaired.

1. The port authority is responsible for the collection, recycling, and disposal of municipal and special waste from ship households.

2. The port authority assigns the disposal costs to the handling companies in proportion to the weight of the goods handled.

1. Anyone who intends to sell operating materials, food, and luxury items to ship personnel from supply boats requires a permit from the port authority. It may be refused for police reasons.

1. The owners of public harbor facilities or other public installations are authorized to have damages to their facilities repaired at the expense of the person responsible.

1. Damaged owners of a facility may demand security from the person responsible for the damage, provided that the responsible person is based abroad.

2. The port authority may demand security from the person responsible for water or environmental pollution for the costs of measures necessary to avert an imminent impact, as well as for the determination and rectification of said impact, provided that the responsible person is based abroad.

1. Anyone who contravenes the provisions of the port regulations or the orders of the port police authorities shall be punished with a fine.

2. The port regulations specify those violations that can be penalized with a cantonal administrative fine of up to 200 francs.

3. The government council may delegate the administrative fine procedure in road traffic to the port police authorities.

1. The Executive Council decides, after consulting with the local municipalities, on a security concept for the port area, which must be continuously adapted to new requirements. The purpose of the security concept is to protect persons, property, and the environment within the port area and its surrounding vicinity.

1. Enterprises and businesses located in the port area are obligated to establish or join a fire and operational protection organization.

2. The governing council may exempt enterprises and businesses from the obligation to join if the enterprise or business does not produce, handle, or store hazardous goods, does not work with dangerous materials, and is located in a low-risk area.

3. The costs of the fire and operational protection organization shall be borne by the obligated parties and charged according to the polluter pays principle.

4. The agreements and regulations must be approved by the governing council.

1. The port area shall be demarcated and secured with structural measures and technical devices as needed.

2. Owners, tenants, and leaseholders of properties (including building lease parcels) are obliged to tolerate security measures on their properties, such as fences, walls, gates, lighting systems, monitoring, and control installations, and similar measures.

3. Consideration should be given to the needs and wishes of those affected, as far as the security concept allows.

1. Inspections by representatives of the canton on private property must be tolerated.

2. To maintain security in the port area, the government council may, depending on the threat level, enact appropriate measures such as personal checks or access restrictions.

1. The government council may require owners of highly endangered facilities to implement, within the scope of their risk potential, security measures such as fences, lighting and surveillance systems, or security measures such as issuing identification cards or installing access restrictions, at their own expense.

1. The Executive Council may delegate enforcement duties concerning environmental and water protection to the competent directorate or the port administration within the port area.

2. With the approval of the Executive Council, the Basel-Landschaft Building Insurance may delegate enforcement duties concerning fire protection to the competent directorate or the port administration.

1. The Law of October 30, 1941, Concerning the Introduction of the Swiss Criminal Code is amended as follows: ...

1. The Law of October 26, 1936, concerning the construction of port, rail, and road facilities on the "Sternenfeld" in Birsfelden and the "Au" in Muttenz is hereby repealed.

1. The government council enacts the commencement of this law.