Act No. LVII of 1995 on water management.

Subject

Water

Keyword

Framework law Basic legislation Freshwater resources management Concession Water rights Institution Non-governmental entity Surface water Groundwater Effluent waste water/discharge Waterworks Water supply Sewerage Flood Potable water Access-to-information Servitude Thermal and medicinal waters Data collection/reporting Pollution control Water abstraction Freshwater pollution

Geographical area

Eastern Europe, Europe, Europe and Central Asia, European Union Countries

Entry into force notes

The last consolidated version of the Act entered into force on 13 June 2023.

Abstract

In light of the objectives of environmental protection, this Law sets out primary rights and duties in connection with the use and conservation of water as well as the prevention of damages caused by water. It covers the following areas: underground and surface waters, reservoirs, beds and banks of surface waters; establishments and activities having an impact on or modifying the conditions of the water flow and watercourses, the quantity and quality of water and reservoir beds and banks; the use, conservation and management of water resources; the collection, processing, supply and use of data on water resources necessary for their evaluation; the prevention of and protection against damages caused by water; natural and legal persons and commercial enterprises without legal personality operating in the sector. Section II sets out government duties in relation to water resources and waterworks. The Government, the competent ministry with its water management bodies as well as local governments are responsible for the implementation of this Act. Section III concerns property rights. Certain natural and artificial watercourses specified in Annex 2, as well as certain other resources, flood-prevention and other waterworks, specified in Annex 3, are the exclusive property of the State. Water resources in State-owned protected areas are not alienable. Waters not mentioned above are alienable State properties. In case of alienation, interested local governments have the right of pre-emption. Works of public interest to be carried out by the State and local governments are determined in article 7. Funds for such works are provided by the Water Fund or by water management companies. The State can convey temporary rights of exploitation to commercial enterprises through concession contracts. Concession terms are provided in Articles 11 and 12. The activities of water supply and sewerage companies are regulated by section IV. Provisions on water resource management are comprised in section V (water protection, regulation of waterways, prevention of damages to water quality, potable water supply and utilization of mineral and medicinal waters). Entities discharging harmful substances into the sewerage and purification systems, exceeding determined limits, are liable to a fine. Exploitation of undergroundwaters is regulated in Article 15. This is allowed only if it does not damage the level/balance of water resources. Section VI deals with the protection against and prevention of damages caused by water. National-level protection against floods and waterlogging is regulated by Article 17. Articles 18 and 19 deal with the prevention of water contamination. Section VII lays down provisions relating to immovable property in connection with water resources and waterworks (servitudes for water disposal and water use). In certain cases, the proprietor can claim damages. Non-built-up immovable property situated on the banks of natural waters may not be acquired from the State or local governments after the entry into force of this Law. Section VIII deals with the jurisdiction of water authorities. Articles 28-32 provide conditions for the authorization and establishment of waterworks. Supervision of activities is carried out by the water inspectorate which maintains a register of waterworks, water uses and water resources. Section IX deals with water management companies which are incorporated business organizations. These can take the form of water supply and sewerage companies or water regulation and damage prevention companies (agricultural water use works and related amelioration works). The formation, operation, assets and termination of these companies are regulated by Articles 36-44.

Full text

Hungarian

Website

www.njt.hu

References - Legislation

Implemented by

Governmental Decree No. 147 of 2010 (IV.29.) on general rules regarding activities and facilities serving for the utilization, protection and prevention of damages of waters.

Legislation | Hungary | 2010 (2012)

Keyword: Waterworks, Water supply, Sewerage, Flood, Policy/planning, Potable water, Irrigation, Drainage/land reclamation

Source: FAO, FAOLEX

Governmental Decree No. 201 of 2001 (X.25.) Korm. on quality standards for potable water and on rules of quality control.

Legislation | Hungary | 2001 (2013)

Keyword: Access-to-information, Authorization/permit, Consumer protection, Data collection/reporting, Monitoring, Potable water, Standards, Water quality standards, Water supply

Source: FAO, FAOLEX

Decree No. 234 of 1996 of the Government on the duties and competencies of the National Water Authority and of territorial water authorities.

Legislation | Hungary | 1996 (2001)

Keyword: Institution

Source: FAO, FAOLEX

Decree No. 120 of 1999 (VIII. 6.) Korm. of the Government on duties relative to the conservation of waters and to the maintenance of public water works.

Legislation | Hungary | 1999 (2015)

Keyword: Contract/agreement, Inland waters, Freshwater resources management, Surface water, Waterworks

Source: FAO, FAOLEX

Decree No. 15 of 1997 of the Ministry of Transport, Telecommunication and Water Management on flood levels of rivers.

Legislation | Hungary | 1997 (2000)

Keyword: Flood, Inland waters, Standards, Surface water, Waterworks

Source: FAO, FAOLEX

Governmental Decree No. 25 of 2002 (II. 27.) Korm regarding the National Program of Action on Urban Waste Water Sewerage and Treatment.

Legislation | Hungary | 2002 (2012)

Keyword: Effluent waste water/discharge, Sewerage, Policy/planning, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Decree No. 10 of 1997 of the Ministry of Transport, Telecommunication and Water Management regarding the protection against flood and siltation.

Legislation | Hungary | 1997

Keyword: Flood, Saltwater intrusion/siltation

Source: FAO, FAOLEX

Governmental Decree No. 26 of 2002 on the definition of waste water sewerage areas pertinent to the National Program of Action on Urban Waste Water Sewerage and Treatment.

Legislation | Hungary | 2002 (2012)

Keyword: Effluent waste water/discharge, Sewerage, Policy/planning, Legal proceedings/administrative proceedings, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Governmental Decree No. 27 of 2002 (II. 27.) Korm. on the registration and obligation of reporting in connection of the implementation of the National Program of Action on Urban Waste Water Sewerage and Treatment.

Legislation | Hungary | 2002 (2013)

Keyword: Effluent waste water/discharge, Sewerage, Policy/planning, Data collection/reporting, Legal proceedings/administrative proceedings, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Decree No. 204 of 2001 of the Government on sewerage system penalty.

Legislation | Hungary | 2001

Keyword: Pollution control, Offences/penalties, Effluent waste water/discharge, Sewerage, Inspection, Hazardous waste, Hazardous substances, Waste prevention, Waste domestic sources, Waste non-domestic sources, Environmental standards, Waste management, Standards, Protection of environment

Source: FAO, FAOLEX

Decree No. 18 of 1996 (VI.13.) of the Ministry of Transport, Communication and Water Management regarding the request and its annexes necessary for authorizations affecting water rights.

Legislation | Hungary | 1996 (2011)

Keyword: Legal proceedings/administrative proceedings, Water rights, Authorization/permit, Waterworks, EIA

Source: FAO, FAOLEX

Decree No. 2 of 1997 (II. 18.) KHVM of the Ministry of Transport, Communication and Water on the management of agricultural water supplying companies.

Legislation | Hungary | 1997 (2012)

Keyword: Water supply, Contract/agreement, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Decree No. 201 of 1997 of the Government on the concession of waterworks of exclusive property of the State.

Legislation | Hungary | 1997

Keyword: Concession, Waterworks, Water rights

Source: FAO, FAOLEX

Decree No. 72 of 1996 (V. 22.) Korm. of the Government on water rights and duties of the water authority.

Legislation | Hungary | 1996 (2014)

Keyword: Water rights, Authorization/permit, Servitude, Waterworks, Offences/penalties

Source: FAO, FAOLEX

Decree No. 38 of 1995 of the Government on public drinking water supplying and on the public sewerage system.

Legislation | Hungary | 1995 (2012)

Keyword: Sewerage, Water supply, Potable water, Contract/agreement

Source: FAO, FAOLEX

Decree No. 232 of 1996 (XII. 26.) Korm. of the Government on rules of protection against damages caused by flood.

Legislation | Hungary | 1996 (2015)

Keyword: Flood, Waterworks, Groundwater

Source: FAO, FAOLEX

Decree No. 46 of 1999 of the Government on the use and exploitation of flood areas, riverside strips, wetlands and periodically inundated areas.

Legislation | Hungary | 1998

Keyword: Flood, Water rights, Waterworks, Wetlands

Source: FAO, FAOLEX

Decree No. 160 of 1995 of the Government on water management companies.

Legislation | Hungary | 1995 (2013)

Keyword: Institution, Waterworks, Water supply, Sewerage, Potable water, Non-governmental entity, Effluent waste water/discharge, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Decree No. 23 of 1998 of the Ministry of Transport, Communication and Water Management on the establishment of a water resources inventory of the water authority.

Legislation | Hungary | 1998

Keyword: Access-to-information, Data collection/reporting, Governance

Source: FAO, FAOLEX

Decree No. 5 of 1998 of the Ministry of Transport, Communication and Water Management on the Territorial Councils for Water Management.

Legislation | Hungary | 1998

Keyword: Institution

Source: FAO, FAOLEX

Decree No. 22 of 1998 of the Ministry of Transport, Communication and Water Management regarding the hydrological activity of the authority of water management.

Legislation | Hungary | 1998

Keyword: Access-to-information, Groundwater, Surface water, Data collection/reporting

Source: FAO, FAOLEX

Governmental Decree No. 123 of 1997 (VII. 18.) Korm. on the protection of freshwater stocks and water works for drinking water distribution.

Legislation | Hungary | 1997 (2014)

Keyword: Mineral water, Use restrictions, Protected area, Pollution control, Water conservation zone, Freshwater pollution, Potable water, Thermal and medicinal waters, Groundwater, Surface water, Waterworks, Water supply

Source: FAO, FAOLEX

Decree No. 132 of 1997 of the Government duties related to the protection of water quality against damages.

Legislation | Hungary | 1998

Keyword: Pollution control, Monitoring, Freshwater pollution

Source: FAO, FAOLEX

Decree No. 178 of 2010 (V. 13.) of the Government concerning the determination of areas at risk of flood or inland inundation, and the preparation and the content of hazard and risk maps and of risk management plans.

Legislation | Hungary | 2010 (2012)

Keyword: Access-to-information, Data collection/reporting, Flood, Inland waters, International relations/cooperation, Risk assessment/management, Surface water, Zoning

Source: FAO, FAOLEX

Decree No. 101 of 2007 (XII. 23.) KvVM of the Ministry of Environmental Protection and Water Management laying down technical requirements for intervention in underground water resources and for water well drilling.

Legislation | Hungary | 2007 (2013)

Keyword: Well sinking/boreholes, Data collection/reporting, Monitoring, Renewable energy, Thermal and medicinal waters, Water abstraction, Water rights, Waterworks, Groundwater

Source: FAO, FAOLEX

Decree No. 146 of 2011 (XII.23.) of the Ministry of Rural Development regarding performance of duties in the field of hydrogeology.

Legislation | Hungary | 2011

Keyword: Access-to-information, Institution, Freshwater resources management

Source: FAO, FAOLEX

Decree No. 221 of 2004 (VII. 21.) of the Government on certain rules of catchment area management.

Legislation | Hungary | 2004 (2013)

Keyword: Basin/catchment/watershed, Policy/planning, Environmental planning, Freshwater resources management, Groundwater, Surface water, Monitoring, Potable water, Protected area, Public participation, Access-to-information, Data collection/reporting, Inland waters

Source: FAO, FAOLEX

Government Decree No. 21 of 2006 (I.31.) Korm. concerning the use and utilization of the first bottom, river banks, wetlands and areas endangered by underseepage and on the procedures related to devaluation of the areas protected by summer dykes.

Legislation | Hungary | 2006 (2011)

Keyword: Agricultural land, Flood, Land-use planning, Land valuation, Offences/penalties, Use restrictions, Inland waters, Surface water, Waterworks, Wetlands

Source: FAO, FAOLEX

Decree No. 30 of 2008 (XII. 31.) KvVM of the Ministry of Environmental Protection and Water Management laying down technical rules concerning activities and facilities serving for the utilization and protection of waters and for water damage prevention.

Legislation | Hungary | 2008 (2013)

Keyword: Effluent waste water/discharge, Environmental planning, Flood, Groundwater, Industrial water use, Inland waters, Navigation, Surface water, Waterworks, Policy/planning, Sewerage, Freshwater resources management, Potable water, Thermal and medicinal waters, Water abstraction, Water supply, Irrigation, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Decree No. 219 of 2004 (VII. 21.) Korm. of the Government on the protection of underground waters.

Legislation | Hungary | 2004 (2019)

Keyword: Data collection/reporting, Freshwater pollution, Inspection, Monitoring, Offences/penalties, Pollution control, Precautionary principle, Resource/damage valuation, Groundwater, Authorization/permit, Freshwater resources management, Water abstraction

Source: FAO, FAOLEX

Decree No. 220 of 2004 (VII. 21.) Korm. of the Government providing rules on the protection of surface waters quality.

Legislation | Hungary | 2004 (2014)

Keyword: Offences/penalties, Hazardous substances, Data collection/reporting, Effluent waste water/discharge, Freshwater pollution, Surface water, Authorization/permit, Inspection, Sewerage, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Decree No. 11 of 2010 (IV. 28.) KvVM of the Ministry of Environmental Protection and Water Management on standard flood levels of rivers.

Legislation | Hungary | 2010 (2013)

Keyword: Flood, Inland waters, Standards, Surface water, Waterworks

Source: FAO, FAOLEX

Decree No. 115 of 2014 (IV. 3.) Korm of the Government laying down the rules of pricing for agricultural water supply.

Legislation | Hungary | 2014

Keyword: Water charges, Water supply, Waterworks, Irrigation, Contract/agreement

Source: FAO, FAOLEX

Decree No. 83 of 2014 (III. 14.) Korm. of the Government concerning the use and the utilization of the flood-bed and riparian zone of watercourses and of the areas endangered by wetlands and underseepage, as well as, in case of rivers, lays down rules concerning drafting and content of the flood-bed management plan.

Legislation | Hungary | 2014

Keyword: Flood, Legal proceedings/administrative proceedings, Policy/planning, Surface water, Waterworks, Wetlands

Source: FAO, FAOLEX

Decree No. 90 of 2009 (IV.26.) of the Government laying down rules of prevention and remedy of environmental damage.

Legislation | Hungary | 2007 (2014)

Keyword: Early warning system, Groundwater, Pollution control, Protected area, Protection of habitats, Surface water, Classification/declassification, Freshwater pollution, Inland waters, Risk assessment/management, Wetlands, National parks, Protection of species, Wild fauna, Wild flora

Source: FAO, FAOLEX

Decree No. 223 of 2014 (IX.4.) Korm. of the Government on the appointment of public administration offices and authorities of water management and protection against damages caused by water.

Legislation | Hungary | 2014 (2015)

Keyword: Governance, Hazards, Waterworks, Water supply, Institution

Source: FAO, FAOLEX

Decree No. 366 of 2015 (XII. 2.) Korm of the Government appointing the authorities in charge of water protection and amending certain governmental decrees concerning water management.

Legislation | Hungary | 2015

Keyword: Governance, Data collection/reporting, Monitoring, Hazards, Groundwater, Surface water, Policy/planning

Source: FAO, FAOLEX

5/2023. (I. 12.) Government Decree on the quality requirements of drinking water and the inspection procedure.

Legislation | Hungary | 2023

Keyword: Potable water, Water quality standards, Water supply, Inspection

Source: FAO, FAOLEX

Amended by

Act No. CXLIV of 2009 on water users' associations.

Legislation | Hungary | 2009 (2015)

Keyword: Inland waters, Non-governmental entity, Policy/planning, Surface water, Water users' associations, Waterworks

Source: FAO, FAOLEX

Act No. LXVII of 2004 regarding public interest and implementation of the programme aimed to increase the protection against flood in the Tisza River basin, and for land planning and rural development of the surrounding area (re-development of the Vásárhelyi Plan).

Legislation | Hungary | 2004 (2011)

Keyword: Land-use planning, Expropriation, Flood, Legal proceedings/administrative proceedings, Freshwater resources management, Waterworks, Zoning, Policy/planning

Source: FAO, FAOLEX

Act No. CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade.

Legislation | Hungary | 2013 (2014)

Keyword: Agricultural land, Land tenure, Lease, Legal proceedings/administrative proceedings, Ownership, Private land, Property rights, Public land, Right of use, Servitude, Transfer, Contract/agreement, Common property, Authorization/permit, Cadastre/land registration, Land commission, Smallholders/peasants, Size, Cooperative/producer organization

Source: FAO, FAOLEX

Act No. CXXVIII of 2011 concerning disaster management and amending certain related acts.

Legislation | Hungary | 2011 (2013)

Keyword: Data collection/reporting, Hazards, Governance, Hazardous substances, Early warning system, Basic legislation

Source: FAO, FAOLEX

Act CLXXXV of 2012 on waste.

Legislation | Hungary | 2012 (2015)

Keyword: Basic legislation, Waste domestic sources, Waste management, Waste non-domestic sources, Transport/storage, Waste disposal, Recycling/reuse, Transboundary movement of waste, Legal proceedings/administrative proceedings, Hazardous waste, Offences/penalties, Oil, Polluter pays principle, Authorization/permit, Registration, Royalties/fees, Classification/declassification, Data collection/reporting, Tax/levy, Policy/planning, Pollution control, Governance, Internal trade, International trade, Non-governmental entity, Oil pollution, Organic waste, Solid waste, Waste prevention, Effluent waste water/discharge, Environmental standards, Standards, Protection of environment

Source: FAO, FAOLEX