Geodata Act (GeoDG) - Purpose (GEODG)

1. This act aims to provide geodata to authorities at the national and cantonal levels, the economy, science, and the public.

1. This law regulates

a) the implementation of federal legislation on geoinformation;

b) the collection, maintenance, management, and use of geodata by the canton and municipal bodies;

c) the cantonal geodata infrastructure.

2. It applies to the geobase data under cantonal law and other geodata of the canton and the municipal bodies.

3. The provisions for geobase data also apply to the geobase data of federal law, unless this or other cantonal law dictates otherwise.

1. The definitions of the Federal Act on Geoinformation of October 5, 2007, and the Federal Ordinance on Geoinformation of May 21, 2008, shall apply mutatis mutandis.

1. The authority responsible for collecting, maintaining, and managing geospatial data is the cantonal specialist department that is accountable for the subject area to which the geospatial base data pertains. It ensures the availability of the geospatial base data.

2. The Standing Commission is responsible for coordination among the specialist departments and may establish differing responsibilities.

1. The Cantonal Council is responsible for the enforcement of the law. It makes the necessary arrangements and issues the required implementing provisions, particularly concerning

a) the designation of geographic names;

b) the geoservices of cantonal interest;

c) the determination of geobase data under cantonal and municipal law, as well as the qualitative and technical requirements for these;

d) the cadastre of public-law restrictions on property ownership in accordance with Art. 16 GeoIG; it may specifically assign the cadastre the function of an official publication organ or delegate its management to third parties;

e) the archiving and historicizing of geobase data under cantonal and municipal law.

2. It may obligate municipal corporations and institutions to provide data to cantonal authorities and may further regulate the form and content of such data delivery.

1. Geodata of cantonal law are publicly accessible and may be used by any person unless overriding public or private interests oppose or other cantonal laws prescribe differently.

2. Access and use are subject to data protection legislation unless the law contains specific provisions. They may be subject to conditions and requirements.

1. The authorities in the canton grant each other simple and direct access to the basic geodata and other geodata. The Cantonal Commission may further regulate the exchange.

1. Fees may be charged for the provision and use of geospatial data as well as for the use of geospatial services.

2. Among authorities, the costs for processing are subject to reimbursement, whereas for private use, an additional share of operating costs is charged, and for commercial use, an additional share of operating and investment costs is charged. Flat rates may be provided for.

3. The Council of State regulates the details.

1. The authority responsible for collecting, updating, and managing the geospatial data of federal law and cantonal law is responsible for the development and operation of geoservices.

2. The State Commission may assign different responsibilities and delegate the development or operation to third parties.

1. The canton may itself operate or participate in a spatial management system, which serves, among other things, to make geospatial data available to the public electronically through display or retrieval procedures.

2. The operation of a spatial management system by other entities or by unauthorised third parties requires the approval of the Council of States.

3. The Council of States shall regulate the details and may conclude the necessary contracts.

1. The Cantonal Executive Council may authorize offices of the canton to commercially offer geodata and services in the field of geoinformation.

2. The authorized office shall offer commercial services like a private entity, ensuring at least overall cost recovery under market-economic conditions. The rates must be published. Revenues from the office's basic offerings may not be utilized for this area of service.

3. The Cantonal Executive Council may regulate further details, particularly regarding the application of private law.

1. Official surveying is the responsibility of the canton.

2. The Cantonal Executive Committee ensures the official surveying and is responsible for the approval of the data of the official surveying and the excerpts created from it, in particular, the plans for the land register. It sets the program for surveying projects.

3. It regulates the specifics of official surveying and can extend the federal minimum content for it or prescribe additional requirements if necessary.

4. It determines the organization and specifically designates

a) the cantonal surveying supervision according to Article 42 of the Federal Ordinance on Official Surveying of November 18, 1992;

b) the competent authority for the official surveying and defines its tasks;

c) the competent authority for the determination of the geographic names in official surveying;

d) the activities of official surveying that are assigned to third parties.

1. Persons entitled to land and property are required to permit the collection of data pursuant to this law and to assist the authorities, officials, and agents in the collection and maintenance of data concerning them.

2. They are obligated to allow the establishment, security, and maintenance of benchmarks, boundary markers, and similar points on their property free of charge.

3. Anyone who unlawfully removes, moves, or damages such markers or points is responsible for their restoration and is liable for any damage.

1. Place names are determined by the State Commission. The State Commission ensures the appropriate involvement of the affected population and authorities.

2. Names of streets and squares of the canton are determined by the State Commission, names of other streets and squares by the districts.

3. Names of fields and properties are determined by the Nomenclature Commission.

4. The State Commission makes the final decision on any objections to the names determined by the districts or the Nomenclature Commission.

1. The canton shall establish a digital cadastre for above-ground and underground pipelines.

2. The owners of the main pipelines must provide the required pipeline data to the canton in digital form, free of charge.

3. They must also report the pipelines from their main pipelines to individual houses. The homeowners are obligated to cooperate with the main pipeline owners.

4. The governing commission may regulate the form and content of data delivery in more detail.

1. The canton bears the costs for its tasks and services, subject to the fees payable by private individuals and the contributions of the federal government.

2. The districts and the fire inspection municipalities bear the costs for locally collected data, subject to the fees payable by private individuals.

3. The costs of updating the official survey are borne by the natural or legal person who caused them; if this person cannot be identified, the property owner shall bear the costs.

1. A fine of up to CHF 5,000 shall be imposed on anyone who

a) unlawfully gains access to geodata for themselves or a third party;

b) unlawfully uses geodata or geoservices;

c) unlawfully distributes geodata;

d) disregards regulations concerning usage.

1. The Surveying Act of April 24, 1994 is repealed.

**1. Pending proceedings are governed by the new law.**

**2. The Regulatory Commission establishes a uniform coordinate reference system with a reference framework for official surveying and other geobasis data throughout the entire canton. It determines the timing of the implementation within the canton. The costs for the conversion are borne by the entities responsible for collecting, updating, and managing the relevant geodata.**

**3. Work carried out for the implementation of federal requirements concerning the renewal of official surveying will continue to be financed under the regulations that were in effect until the end of 2010, lasting until the end of 2015. The same applies to contributions pertaining to the year 2010 or earlier.**

1. This Act shall enter into force on July 1, 2011.