Act on the Official Gazette and Legislation Collections (Publications Act, kPublG) (Publikationsgesetz, kPublG) - Content and Issuance
Table of Provisions (18)
Statutory Text (18 Articles)
1. Announcements from the authorities and offices of the canton and municipalities, as well as other public-law corporations or institutions and organizations and individuals entrusted with cantonal administrative tasks, are published in the Official Gazette.
2. The Official Gazette is issued by the canton and is available in an appropriate electronic form. The government council determines the frequency of publication and may designate alternative forms of publication in the event of technical disruptions.
1. The authorized entities are responsible for recording, managing, and publishing their announcements themselves. They are responsible for the content of their announcements.
2. The State Chancellery
a. designates the entities authorized to publish in the Official Gazette;
b. can require certain entities to cooperate;
c. can assume publication for certain entities;
d. sets the editorial guidelines.
1. From the day of publication in the Official Gazette, its content is considered known.
2. Deadlines commence on the day following the publication.
1. The Executive Council determines the fee rates for notifications.
2. Notifications from cantonal authorities or offices, as well as from third parties fulfilling public duties on behalf of the canton, are free of charge.
3. The Executive Council may allow private advertisements. It can establish the advertisement conditions and market rates in implementing provisions. There is no entitlement to the inclusion of private advertisements.
1. The Obwalden Legal Compilation is the chronological collection of laws of the canton.
2. The following are published in the Obwalden Legal Compilation
a. legislative enactments of the cantonal authorities;
b. legislative enactments by organizations and individuals entrusted with cantonal administrative tasks;
c. legislative agreements concluded with other cantons, the Confederation, and foreign countries;
d. legislative enactments binding on the canton made by inter-cantonal bodies.
3. The Obwalden Legal Compilation is published on the internet.
4. The enactments and agreements included, amended, and repealed in the Obwalden Legal Compilation are announced in the Official Gazette, indicating the title and reference location. The announcement in the Official Gazette has declaratory effect.
1. The publication of a decree or an agreement may be limited to the mention of the title and reference or source if it is deemed unsuitable for full publication in the Obwalden Law Collection due to its specific nature. This is particularly applicable if the decree or agreement
a. affects only a small group of people;
b. is technical in nature and directed solely at professionals;
c. needs to be published in another format.
2. The publication of agreements or decrees of an inter-cantonal organization may also be limited to the mention of the title and/or reference or source if they
a. are published by the Confederation or an inter-cantonal organization in written or electronic form;
b. are published in an official publication accessible in Switzerland;
c. are of minor importance.
1. In the event of technical disruptions, emergencies, or particular urgency, extraordinary publications may be executed
a. in the press;
b. on the canton’s website;
c. via radio or television;
d. by posting at the State Chancellery and in the offices of the municipal councils;
e. through notices, circulars, and other appropriate means.
2. The entry into force or execution of such measures is not dependent on publication in the Obwalden Law Collection for extraordinary publications; however, this must be completed as soon as possible thereafter.
1. Ordinances and agreements that have been promulgated in accordance with this law are deemed to be known. The publication results in ordinances or agreements being binding on all.
2. Unless otherwise stipulated, an ordinance or agreement comes into force on the day following its publication in the Obwaldner Legal Collection.
1. The State Chancellery informally corrects errors that are meaningless concerning content, such as grammar, spelling, or formatting errors, the correction of which does not alter or distort the meaning of the provision.
1. If formal errors or phrases that do not reflect the outcome of the parliamentary deliberations are identified in a decree of the Cantonal Council after the final vote, the Editorial Committee must order the necessary corrections. These corrections must be clearly indicated.
2. A notification of significant corrections is to be communicated to the members of the Cantonal Council.
1. The electronic legal database is the consolidated and systematically arranged collection of cantonal law. It contains the enactments and agreements in force that have been published in the Obwalden Legal Collection.
2. The electronic legal database is published on the Internet.
3. Inclusion in the electronic legal database may be waived if the legislation provides for another form of publication or if the enactment or agreement
a. is published in written or electronic form by the Confederation or an inter-cantonal organization;
b. is published in an official gazette accessible in Switzerland;
c. is published on a platform used by the Confederation or the cantons;
d. is communicated to the affected parties by other means.
1. Other enactments or agreements may be included in the electronic legal database if there is a particular or general interest in doing so, especially non-binding enactments aimed at a larger group of people.
1. If the content of the electronic legal database does not correspond to the publication in the Obwalden Law Collection, the version published in the Obwalden Law Collection shall prevail.
1. The State Chancellery informally adjusts errors, references, citations, or abbreviations in the electronic legal database that are insignificant in terms of content.
2. If the designations contained in decrees of departments, offices, or other organizational units change due to amendments in legislation or organizational decisions by the government council, the State Chancellery shall informally adjust the designations in the electronic legal database. The departments report new designations and the affected decrees to the State Chancellery.
1. With the consent of the Government Council, the State Chancellery shall remove from the electronic legal database
a. Legal texts that have obviously become obsolete and have not been formally repealed;
b. Legal texts that no longer need to be published in the official legal collection due to the lack of a publication requirement.
2. The removal shall be indicated in the Obwalden Legal Collection.
1. Municipalities publish their legislative decrees and agreements in the Official Gazette prior to their coming into force. Articles 7 to 9 of this law apply accordingly.
2. If the content of municipal decrees and agreements published by the municipality in another manner does not match the publication in the Official Gazette, the version published in the Official Gazette shall prevail.
1. Access to the Official Gazette, to the Obwalden Code of Laws, and to the electronic legal database is free of charge.
2. The State Chancellery and the municipal chanceries provide on-site access. They may limit the access duration.
1. Personal data and particularly sensitive personal data may be published in the Official Gazette to the extent that such publication is necessary for a notification prescribed by law.
2. Personal data must be protected by appropriate measures according to the current state of technology. The State Chancellery determines the periods during which notifications containing personal data are accessible in the Official Gazette. Access to the Official Gazette through an archive portal of the State Archive is reserved.
3. The systematic takeover of data from the Official Gazette for publication is only permitted with the approval of the Government Council. Approval is to be refused or revoked if the provisions for data protection and personal rights are not complied with.
4. The authenticity and integrity of the publications in the Official Gazette and in the Obwalden Collection of Laws must be ensured by appropriate measures.