Implementing provisions to the Geoinformation Act (AB kGeoIG) - Organization and Operation of the Geoinformation System (ABKGEOIG)

1. The organization and operation of the Geographic Information System, as well as the tasks of the GIS office, are governed by the agreement between the Canton of Obwalden and GIS Daten AG.

2. Unauthorized access to the data of the Geographic Information System and abusive manipulations must be prevented according to the state of the art technology.

3. Archiving and historicizing shall be conducted analogously to Articles 13 and 15 of the Geographic Information Ordinance.

1. Geodata from private individuals and third parties may be included in the geoinformation system if they are of general interest. The utility cadastre is, as far as possible, to be incorporated into the geoinformation system.

2. The Department of Economic Affairs decides on the application for the inclusion of geodata. The application must precisely specify the content of the geodata and the objective of including the data in the geoinformation system.

3. The Department of Economic Affairs may approve the inclusion of geodata subject to conditions and stipulations or set a deadline for the inclusion of the data. The GIS Coordination Office establishes the qualitative and technical minimum requirements for the geodata.

4. A fee of up to CHF 200 may be charged for processing the application.

1. The GIS Coordination Office has the following tasks

a. Coordination of the collection, procurement, use, and sharing of geodata and advice on technical issues;

b. Professional representation of the interests of the Canton of Obwalden towards the federal government, municipalities, and third parties and participation in joint projects;

c. Management of the platform for cantonal GIS users, ensuring the exchange of information within the canton between the individual specialist offices.

2. Insofar as it concerns the fulfillment of a statutory task, the services of the GIS Coordination Office are free of charge for the following entities

a. the body entrusted with the enforcement of geoinformation law;

b. the cantonal administration;

c. the municipalities and other public corporations or institutions.

3. Otherwise, the GIS Coordination Office charges fees for its activities at an hourly rate determined by the cantonal fee schedule for engineers.

1. The catalogue of geospatial base data under federal law is listed in Annex 1, while the geospatial base data catalogue under cantonal law is specified in Annex 2. Geospatial base data does not need to be comprehensively available for all municipalities.

2. The cantonal law geospatial base data catalogue is determined by the Government Council. The GIS administrative office manages the data.

3. The qualitative and technical requirements for geospatial base data and geometadata are established by the GIS Coordination Office and the GIS administrative office in collaboration with the competent authorities.

4. The geospatial base data under cantonal law is archived and historized in accordance with the service mandate. The responsible specialized unit may delegate this task to other agencies or third parties.

1. Responsible for the collection, updating, and management of the geospatial basic data are the authorities listed in Annexes 1 and 2.

1. Access rights to the geospatial data of cantonal law are regulated in the annex and occur by analogous application of Articles 21 to 25 of the Geoinformation Ordinance.

2. The GIS Office decides on the access rights.

1. Users of the geoinformation system may query the name and first name, as well as the address of the property owner and the form of ownership of a property. Series queries are not permitted.

2. Access to land registry data is only allowed within the framework of federal legislation.

1. Responsibility for the management of the ÖREB cadastre lies with the Office of Economic Affairs. The operational administration is carried out by the GIS Office.

2. The ÖREB cadastre of cantonal law is determined by the Office of Economic Affairs based on the experiences from the pilot project.

3. The GIS Office is responsible for issuing certified extracts from the geoinformation system, including the ÖREB cadastre.

1. Decisions that comprise the content of the ÖREB cadastre must be reported to the GIS business office and the GIS coordination office as soon as they become legally binding.

2. The responsible specialist office shall forward the data regarding changes to the ÖREB cadastre to the GIS business office as quickly as possible, but no later than within one month after they become legally binding. The data exchange format must comply with recognized standards (INTERLIS).

3. The updating of the ÖREB cadastre shall take place as soon as possible, but no later than within one month from the delivery of the data to the GIS business office. This office checks the data for completeness and obvious errors. If the updating cannot occur within one month, a note regarding the pending update shall be made in the ÖREB cadastre.

1. The Office of Economic Affairs and the municipal offices shall provide interested parties with free electronic access to the Cadastre of Public-Law Restrictions on Landownership (PLR-Cadastre). Access may be limited in time.

2. No usage fee shall be charged for printed editions. However, a processing fee may be imposed.

1. Registered users are required to pay a fee for access to data of authorization level B and for the use of geoservices.

2. The obligation to pay fees for access to the data of the geoinformation system and the cadastre of public law restrictions on landownership (PLR-Cadastre) is governed by Art. 17 para. 1 of the cantonal Geoinformation Act.

3. Fees for services not listed in the tariff are assessed based on the time spent. The guideline for the hourly rate is the cantonal fee schedule for engineers.

4. The Government Council and the GIS office may conclude flat-rate agreements with parties of significant economic interest, such as banks, insurance companies, and similar entities, for the use of data from the geoinformation system.

1. Exempt from the usage fee are the authorities

a. pursuant to Art. 17 para. 2 kGeoIG[5];

b. of the Canton of Nidwalden and its municipalities.

1. No usage fee shall be charged for obtaining data in the form of printed materials.

2. The collection of a processing fee remains reserved.

1. The following usage fee per municipality is levied for digital data access (amounts in CHF)

For an area | Basic fee | Surcharge per information level

a. up to 10 hectares | 20.- | 5.-

b. over 10 - 500 hectares | 100.- | 25.-

c. over 500 - 4,000 hectares | 200.- | 50.-

d. over 4,000 hectares | 400.- | 100.-

2. The total usage fee is reduced by three percent for each additional sub-area starting from the 2nd sub-area.

3. The fee for increased data usage is determined on a case-by-case basis and depends particularly on

a. the amount of data;

b. the intensity and duration of data usage;

c. the possibilities of use.

1. Data owners are required to pay an annual flat fee for each of their levels of information per municipality for the maintenance of the data.

2. This fee amounts to a maximum of CHF 4,000 and is determined particularly based on

a. the area;

b. the amount of data;

c. the complexity of the managed subject.

1. The levying of fees for data processing, particularly for data acquisition and consultations, is based on the time spent.

2. Expenses are charged separately.

3. The hourly rate is determined according to the cantonal fee schedule for engineers.

1. For issuing certified extracts from the official cadastral survey (Art. 33 GeoIG) and from the Cadastre of Public-Law Restrictions on Proprietary Rights (Art. 14 and 15 of the Federal Ordinance on the Cadastre of Public-Law Restrictions on Landownership, ÖREBKV), a fee based on the time spent shall be charged, but not less than CHF 50.-.

1. Fees are due upon invoicing.

2. The payment term is 30 days.

1. Appeals against decisions of the GIS Office can be filed with the Department of Economic Affairs within 20 days.

1. The Implementing Provisions Regarding the Fees for the Issuance of Extracts and Evaluations from the Data of Official Cadastral Survey dated November 2, 1999, are repealed.

1. These implementing provisions shall enter into force on January 1, 2013.