Cantonal Geoinformation Act (KGeoIG) - Subject Matter (KGEOIG)

1. This Act regulates

a) the implementation of the Federal Act on Geoinformation and the corresponding ordinance law

b) the collection and use of geospatial data by the canton and the municipalities

c) the maintenance of the digital cadastre of utilities

1. This law applies to the geobasis data of cantonal and municipal law and other geodata of the canton and municipalities.

2. The provisions for the geobasis data of cantonal law also apply to the geobasis data of federal law, insofar as federal law or other cantonal law does not contain differing provisions.

1. For this law and its implementing decrees, the terms of federal law shall apply.

1. The Government Council shall maintain a catalog of geobasis data under cantonal law and issue regulations concerning their qualitative and technical requirements.

2. It may issue regulations on the qualitative and technical requirements for geometadata.

3. It may authorize the competent department to issue further qualitative and technical regulations.

4. For geobasis data under cantonal law and their geometadata, harmonization with the geobasis data under federal law and their geometadata shall be pursued.

5. The Government Council may equate geobasis data under municipal law and other geodata of the canton and the municipalities with the geobasis data under cantonal law by including them in an additional catalog.

1. The responsibility for collecting, updating, and managing the geospatial data is determined by the specialized legislation.

2. In the absence of such provisions, the responsibility lies with the cantonal or municipal office that is responsible for the subject area to which the geospatial data pertains.

1. The competent authorities ensure the sustainable availability of the geospatial base data.

2. The government council regulates the archiving and historization of the geospatial base data under cantonal law.

1. Geobase data of cantonal law are publicly accessible and can be used by any person, provided that no overriding public or private interests oppose this.

2. The office responsible for collecting, updating, and managing may make the access to geobase data of cantonal law, as well as their use and dissemination, dependent on consent. Consent is given by decree, contract, or organizational or technical access controls.

3. The government council shall issue detailed regulations for the access to and use of geobase data of cantonal law. In doing so, it may issue specific regulations, particularly concerning the exchange of geobase data among federal, cantonal, and municipal authorities.

1. The Government Council may designate geoservices of cantonal interest, establish their provision, and appoint the responsible entities for their development and operation.

2. It shall issue regulations for such geoservices concerning the qualitative and technical requirements to ensure optimal networking.

3. It may mandate that certain geospatial base data of cantonal law be made accessible in electronic form, either alone or in combination with other data, via retrieval or through other means.

1. The Canton maintains the register of public-law restrictions on property ownership in accordance with Art. 16 GeoIG (ÖREB Cadastre).

2. The Government Council determines which basic geodata under cantonal law are subject to the ÖREB Cadastre.

3. The Government Council issues implementation regulations for the ÖREB Cadastre. It specifically regulates

a) the organization of the cadastre

b) the recording of data in the cadastre and their updates

c) the representation of additional information

d) the preparation and issuance of certified extracts

e) the financing and fee collection

f) the authority to conclude the program agreement with the Confederation

1. Municipalities maintain a digital cadastre of utilities, indicating the geographic location of the lines, including their above-ground and underground structural facilities for supply and disposal.

2. The owners of the lines or facilities shall provide the municipality with the utility data in an appropriate form free of charge.

3. The governing council shall regulate the content and technical design of the cadastre and the data delivery by the owners.

1. In the preparation of legislative acts of the canton within the scope of this law, which affect the jurisdiction and interests of municipalities and other groups, the government council shall ensure the involvement of the municipalities and the consultation of the affected groups in an appropriate manner.

1. The Council of State may authorize cantonal offices to commercially offer geospatial data and additional services in the field of geoinformation to fulfill specific customer requests.

1. Persons entitled in real estate and land are obligated to assist officials acting on behalf of the canton or municipalities and third parties contracted for the collection and updating of geobasis data under cantonal and municipal law, as well as other geodata of the canton and municipalities.

2. Article 20 of the GeoIG applies mutatis mutandis.

1. The canton or the municipalities bear the costs of the tasks for which they are responsible in accordance with the geoinformation legislation.

2. The costs for collecting, maintaining, managing, and ensuring the availability of geobase data of cantonal and municipal law and other geodata of the canton and the municipalities are borne by the canton or the municipalities according to their responsibilities as defined in Article 5.

3. Divergent provisions of federal law or other cantonal law remain reserved.

1. Cantons and municipalities may charge fees for access to the geobasis data of cantonal and municipal law, to other geodata of the canton and the municipalities, and for their use as well as for the use of geoservices.

2. The Government Council regulates the fees for access to the geobasis data of cantonal law and to other geodata of the canton, while the municipalities regulate the fees for access to the geobasis data of municipal law and to other geodata of the municipalities.

3. The fees consist, in the case of use for personal purposes, of no more than the marginal costs and a reasonable contribution to the infrastructure. In the case of commercial use, they consist of the marginal costs and a contribution to the infrastructure, as well as to the investment and maintenance costs, appropriate to the use.

1. A fine of up to CHF 5,000.00 shall be imposed on anyone who

a) unlawfully gains access for themselves or a third party to geobase data governed by cantonal and municipal law or other geodata of the canton and municipalities

b) uses geodata as outlined in letter a or geoservices without proper authorization

c) distributes geodata as outlined in letter a without consent

d) disregards regulations regarding usage

2. Prosecution is the responsibility of the Public Prosecutor's Office.

1. The Governing Council may establish a timetable for the implementation of this law. In particular, it may regulate the transition to the new qualitative and technical requirements for geobase data under cantonal law.

1. This Act is subject to a referendum.

2. The Council of Government determines the commencement.

3. The Act is to be published in the Official Gazette and included in the cantonal collection of laws.