Implementing Ordinance to the Introductory Act to the Swiss Civil Code concerning Ownerless Land and the Subsoil (Implementing Ordinance 2 to the EG ZGB) - Eligible Voters (EGB)

1. Grants for the Use of Subsoil for Exploitation, Production, and Storage, as well as Preparatory Actions, with the Exception of Groundwater and Geothermal Energy Use, Require Approval by the Electorate According to Article 52, Section 6 of the Cantonal Constitution.

1. The Executive Council is responsible for

1. * decisions on concession applications and public-law objections;

2. the adjustment of concession fees in accordance with § 13 para. 2.

1. The competent directorate issues all orders and decisions unless they are expressly assigned to another authority.

2. The responsibilities of the competent directorate include, in particular

1. the receipt of application requests;

2. the publication of application requests;

3. the processing of application requests and making recommendations to the government council;

4. the coordination of the application procedures with other authorities;

5. the monitoring of compliance with the conditions and requirements of the applications.

1. The Office for Environmental Protection and Energy is the cantonal specialist authority responsible for the technical assessment and management of applications for the concession of ownerless land and underground resources.

1. Applicants for an award must provide assurance for the professional and proper creation and flawless operation of the facilities.

1. The application for granting must be submitted to the competent authority in writing and in five copies, accompanied by the following documents

1. Project description and technical report;

2. Site plan;

3. Plans and details of the projected facilities;

4. Environmental impact report, if legally required;

5. Information on the excavation volumes of technically usable and non-usable rock;

6. Information on the intended use of the excavated rock;

7. Information on the planned use of the facility;

8. In the case of a radioactive waste repository, additionally

a) all documents related to the federal framework permit application;

b) information on the categories of waste to be stored, the volume of the storage material, or the net storage volume of the storage caverns.

2. The competent authority may request additional documents.

1. The application for the concession shall be made publicly available in the municipalities where the facilities are to be constructed, as well as at the directorate, for a period of 30 days.

2. The publication shall be publicly announced by the directorate in the official gazette, with a reference to the possibility of objections.

1. During the period for filing objections, public and private legal entities can submit a written and reasoned objection to the directorate concerning the violation of public or private rights.

2. The directorate examines the objections and attempts to reach an amicable settlement.

1. Public law objections shall be decided simultaneously with the concession application.

2. As for private law submissions, the objecting persons are to be referred to the civil judge.

1. The Grant Shall Specifically Include

1. Designation of the Entitled Party;

2. Determination of Property Rights to the Extracted Stone;

3. Description of the Nature and Scope of Utilization of the Unclaimed Land and Subsoil;

4. Duration of the Grant;

5. Conditions and Requirements, particularly regarding the Protection of Groundwater, Environmental Protection, Removal and Disposal of Materials, and the Maintenance of an Inventory;

6. Provisions Concerning Renewal of the Grant, Repurchase, and Reversion;

7. Regulation of Liability;

8. Determination of Administrative Fees and Grant Charges.

1. For the procedure, the provisions of the legislation on administrative legal proceedings shall apply accordingly.

1. The one-time fee for granting a concession is CHF 500 to CHF 20,000.

2. The costs for special clarifications, particularly for expert opinions, are additionally borne by the applicant or the entitled party.

3. The government council may require an advance payment for particularly complex clarifications and expert opinions.

4. The same fee framework applies to the renewal or extension of a concession.

5. Otherwise, the provisions of the fee legislation apply.

**1. The annual concession fees are as follows:**

1. For the use of underground space according to Article 83c, Number 1 of the Introductory Act to the Civil Code: CHF 4.- per cubic meter of the usable net volume of the storage cavern;

2. For the use of underground space according to Article 83c, Number 2 of the Introductory Act to the Civil Code: CHF 0.20 to CHF 3.- per cubic meter of the usable net volume, depending on the interest and economic significance of the use for the entitled party.

**2. The concession fees according to Paragraph 1 are based on the national consumer price index of 101.0 points (base of the end of May 1993 = 100 points). The Council of State adjusts these concession fees every ten years for the following calendar year to the index level as of November 30 of the previous year, first on January 1, 2005.**

**3. In addition to the fees under Numbers 1 and 2, the entitled party must pay a fee of CHF 1.- to CHF 3.- per cubic meter (solid) of excavated rock, depending on the rock quality, if the canton waives ownership of the excavated rock.**

**4. During the construction phase, the annual concession fee is to be calculated according to the progress of the construction work.**

1. The granting fees pursuant to § 13 paragraph 1 are due annually in two installments on June 30 and November 30 for the current calendar year.

2. The granting fees to be paid during the duration of creation according to § 13 are due on January 31 of the following calendar year.

1. The competent authority may inspect or cause to be inspected the compliance with the terms and conditions of the award at any time.

2. The costs of these inspections shall be borne by the beneficiary.

1. The Appendix to the Ordinance on the Organization and Management of the Government Council and the Cantonal Administration of June 24, 1992 (Government Council Ordinance) is amended as follows: ...

1. This ordinance is subject to an optional referendum; it is to be published in the Official Gazette.

2. It comes into force in accordance with Art. 46 of the Organization Act and is to be included in the compendium of laws.

3. All provisions that are in conflict with it are repealed.