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GEODESY AND CARTOGRAPHY ACT, amend. SG. 58/18 Jul 2017, amend. and suppl. SG. 41/21 May 2019

GEODESY AND CARTOGRAPHY ACT

Prom. SG. 29/7 Apr 2006, amend. SG. 57/13 Jul 2007, amend. SG. 109/20 Dec 2007, amend. SG. 36/4 Apr 2008, amend. SG. 19/13 Mar 2009, amend. SG. 74/15 Sep 2009, amend. SG. 77/1 Oct 2010, amend. SG. 77/9 Oct 2012, amend. SG. 66/26 Jul 2013, amend. SG. 109/20 Dec 2013, amend. SG. 49/13 Jun 2014, amend. SG. 98/28 Nov 2014, amend. SG. 14/20 Feb 2015, amend. SG. 58/18 Jul 2017, amend. and suppl. SG. 41/21 May 2019 

Chapter one.
GENERAL PROVISIONS

 

Art. 1. (1) This Act shall provide the organisation, management, financing and fulfilment of the activities in the field of geodesy and cartography implemented by the bodies of the executive authority, the bodies of local government and by the corporate bodies and the individuals.

(2) The Act shall create conditions for:

1. maintaining of unified geodetic basis for implementing geodetic and cartographic activities;

2. ensuring of updated and unified geo-information about the territory of the country through topographic mapping and other methods and means;

3. ensuring of accuracy of the materials and data created through geodetic and cartographic activities corresponding to the designation;

4. implementing of control over the quality of the results of the geodetic and cartographic activities;

5. interaction between the bodies of executive authority, the bodies of local government, the individuals and the corporate bodies at the fulfilment of activities for geodesy and cartography;

6. introduction of international and European standards in the geodetic and cartographic activities in the country.

(3) The geodetic and cartographic activities implemented at the creating and maintaining of the cadastre shall be provided with the Cadastre and Property Register Act.

 

 

Art. 2. The geodetic and cartographic activities shall be basic and specialised.

 

 

Art. 3. (1) Basic activities in the field of geodesy and cartography shall be:

1. the determining and the updating of the geodetic system for the territory of the Republic of Bulgaria;

2. the maintaining of state geodetic network, geodetic networks of local designation and state levelling network;

3. the maintaining of state gravimetric network and networks of sea level and magnet stations;

4. the creating and the maintaining of state topographic maps and ortho-plans and of topographic data bases, including for ensuring of the defence and the security of the state as well as for the needs of navigation, aviation and shipping;

5. the establishing of the geographic names, their registration and the creating and maintaining of data bases for them as well as the transcription of the foreign geographic names;

6. the organisation and the maintaining of the State geographic, geodetic, cartographic and cadastral fund (Geocartfund);

7. the geodetic determining and working out of maps of the line of the state border;

8. the creating and maintaining of geo-information system.

(2) The conditions, the order and the requirements for assigning, maintaining, approval and control of the fulfilment of he basic geodetic and cartographic activities shall be determined with ordinances of:

1. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) the Minister of Regional Development and Public Works – for the activities of art. 7;

2. the Minister of Defence – for the activities of art. 9;

3. the Minister of Interior – for the activities of art. 10.

 

 

Art. 4. (1) Specialised geodetic activities at the development planning, the investment designing and the construction shall be:

1. engineering – geodetic activities for the needs of the investment designing and at the construction and exploitation of buildings, networks and facilities of the technical infrastructure;

2. the applying (setting out) of the development plans;

3. the creating and the maintaining of local levelling networks and levelling plans;

4. the creating and maintaining of levelling line plans and plans of building site vertical levelling;

5. geodetic activities at investigation of landslides and deformation of buildings and facilities.

(2) Specialised geodetic and cartographic activities shall also be:

1. the geodetic measurements and remote sensing at prospecting, studying and acquiring of natural resources;

2. geodetic and cartographic activities at the investigations of the movement of Earth’s crust;

3. the creating of general geographic, thematic and other maps and atlases in graphic or digital form, globes and relief model maps.

(3) (amend. – SG 66/13, in force from 26.07.2013) The conditions, the order and the minimum technical requirements for the implementing and the control of specialised geodetic and cartographic activities of para 1 and 2 shall be determined with ordinances of the Minister of Investment Project Development.

 

 

Art. 5. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The geodetic and cartographic activities shall be assigned, financed and/or fulfilled by the Agency of geodesy, cartography and cadastre at the Minister of Regional Development and Public Works, by the Ministry of Defence and the Ministry of Interior or their specialised units, by the municipalities, corporate bodies and individuals.

 

 

Art. 6. (1) The materials and the data created as result of geodetic and cartographic activities under This Act, assigned by state and municipal bodies, shall be public except these constituting classified information under the Protection of Classified Information Act.

(2) The ownership of the materials and the data created as result of geodetic and cartographic activities under This Act shall be of the person assigned their creating.

(3) (amend. and suppl. – SG 109/13) Provision of materials and data under para 1 to third persons, except for the cases referred to in par. 4, shall be implemented by the owner against payment as follows:

1. for the assigned by state bodies – according to tariff approved by the Council of Ministers;

2. for the assigned by the municipalities – according to tariff approved by the municipal councils.

(4) (new – SG 109/13) Provision of materials and data under para 1 shall take place free of charge:

1. (amend. – SG 98/14, in force from 28.11.2014) in case of exchange between the Ministry of Regional Development and Public Works, the Ministry of Defense, and the Ministry of Interior with regard to carrying out of activities under this act;

2. (amend. – SG 98/14, in force from 28.11.2014) in case of implementation of the powers of the Minister of Regional Development and Public Works, the Ministry of Defense, and the Ministry of Interior, arising out of international treaties;

3. in case of exchange of information between the Geodesy, Map Making and Cadastre Agency and the municipal administrations for the implementation of their powers, arising out of this act;

4. for prevention of risks of disasters and accidents or in case of occurrence of such;

5. for the needs of research organizations and higher schools with regard to carried out by them research activity, financed with public funds.

 

Chapter two.
ORGANISATION AND MANAGEMENT OF THE ACTIVITIES IN THE FIELD OF GEODESY AND CARTOGRAPHY

 

Art. 7. (1) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall:

1. manage the state policy in the field of geodesy and cartography;

2. coordinate the implementing of the geodetic and cartographic activities assigned by the state and the municipalities;

3. ensure the harmonizing of the legislation of the Republic of Bulgaria with the legislation of the European Union in the field of geodetic and cartographic activities;

4. organise and control the implementation of the geodetic and cartographic activities except the activities of art. 9 and 10;

5. implement the methodical management of the geodetic and cartographic activities.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall in compliance with his authorities under This Act conduct the activity in the field of geodesy and cartography through the Agency for geodesy, cartography and cadastre.

(3) The Agency for geodesy, cartography and cadastre shall together with the Ministry of Defence, the Ministry of Interior, scientific organisations and higher schools:

1. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) prepare programs for fulfilment of the basic activities in the field of geodesy and cartography financed with resources for the state budget and submit them for considering to the Council for geodesy, cartography and cadastre at the Minister of Regional Development and Public Works;

2. prepare proposals for determining and updating of the Bulgarian geodetic system.

(4) In the field of geodesy and cartography the Agency for geodesy, cartography and cadastre shall:

1. (amend. - SG 41/19, in force from 22.08.2019) create the geodetic networks of local designation;

2. (suppl. - SG 41/19, in force from 22.08.2019) create and maintain the state levelling network and the network of sea level stations;

3. (new - SG 41/19, in force from 22.08.2019) create and maintain the state gravimetric network on the territory of the country;

4. (prev. para. 3 - SG 41/19, in force from 22.08.2019) create, maintain and publish the state topographic maps in scale 1:5000 and 1: 10 000 and assign the air photography for this purpose, create and maintain topographic data bases and geo-information systems for the territory of the country and the region of the Bulgarian base in the Antarctic;

5. (prev. para. 4 - SG 41/19, in force from 22.08.2019) keep register of the materials and data created through geodetic and cartographic activities;

6. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, prev. para. 5 - SG 41/19, in force from 22.08.2019) Organise and support the activity of the Council for standardisation of the geographic names at the Minister of Regional Development and Public Works;

7. (prev. para. 6 - SG 41/19, in force from 22.08.2019) implement the technical activity for the establishing of the geographic names in the Republic of Bulgaria, keep their register, create and maintain data bases and information system for them;

8. (prev. para. 7 - SG 41/19, in force from 22.08.2019) implement control over the quality of the results of the geodetic and cartographic activities except these implemented by Ministry of Defence and the Ministry of Interior;

9. (prev. para. 8 - SG 41/19, in force from 22.08.2019) implement interaction and cooperation with state bodies as well as with other organisations in the country and abroad;

10. (prev. para. 9 - SG 41/19, in force from 22.08.2019) organise the development of concepts and directions for the development of geodesy, cartography and geo-informatics;

11. (prev. para. 10 - SG 41/19, in force from 22.08.2019) fulfil also other functions determined with its structural regulation.

(5) The scientific and the applied scientific ensuring of the measurements of the level of the Black Sea shall be implemented together with the Agency for geodesy, cartography and cadastre and the Bulgarian Academy of Science.

(6) (new - SG 41/19, in force from 22.08.2019) Scientific provision, final processing and analysis of results of measurement of the state gravimetric network and the state leveling network are carried out jointly by the Agency for Geodesy, Cartography and Cadastre, Ministry of Defense, Faculty of Geodesy of the University of Architecture, Civil Engineering and Geodesy and by the National Institute of Geophysics, Geodesy and Geography at the Bulgarian Academy of Sciences.

 

 

Art. 8. (1) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) At the Minister of Regional Development and Public Works shall be established Council for geodesy, cartography and cadastre which is deliberative body. The council shall discus the basic problems and make proposals for the activities in the field of geodesy, cartography and cadastre.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall approve the personal members of the council of para 1. Chairman of the council shall be deputy Minister of Investment Project Development or by a person determined by the Minister.

(3) (suppl. - SG 109/07, in force from 01.01.2008; amend. – SG 36/08; suppl. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014; amend. – SG, 14/2015, amend. – SG 58/17, in force from 18.07.2017) In the Council for geodesy, cartography and cadastre shall be included a deputy Minister of defence, deputy Minister of Interior, deputy Minister of Transport, deputy Minister of Economy, deputy Minister of Energy, deputy Minister of Tourism, deputy Minister of Justice, deputy Minister of Finance, deputy Minister of Agriculture, Foods and Forestry and deputy Minister of Environment and Waters or their representatives determined by the respective Ministers, the Chief of the Military Geographic Service, the deputy CEO of the Executive Forest Agency, as well as the executive director of the Agency for geodesy, cartography and cadastre, the deputy chairman of State Agency "National Security", a representative of the National association of the municipalities in the Republic of Bulgaria and the chairman of the Chamber of the engineers in geodesy.

(4) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Council for geodesy, cartography shall implement its activity according to regulation approved by the Minister of Regional Development and Public Works.

 

 

Art. 9. (1) The Minister of Defence shall ensure:

1. the maintenance of the state geodetic network;

2. the creating, updating and publishing of the geodetic and cartographic materials and data, including information system for the purposes of defence and security of the state as well as for the needs of navigation, aviation and shipping;

3. the creating, updating and publishing of the state topographic maps for the territory of the country and the region of the Bulgarian base on the Antarctic in scale 1: 25 000 and in smaller scales;

4. (amend. - SG 41/19, in force from 22.08.2019) the determining of the magnet declination for the territory of the country;

5. (new - SG 41/19, in force from 22.08.2019) performing the levelling and gravimetric measurements of the points of the state geodetic network;

6. (prev. item 5 - SG 41/19, in force from 22.08.2019) the organising and the maintaining of geodetic and cartographic fund which contain the originals of geodetic and cartographic materials and data for the needs of the Ministry of Defence.

(2) The scientific and applied scientific ensuring of the magnet measurements shall be implemented together with the Ministry of Defence and the Bulgarian Academy of Science.

 

 

Art. 10. The Minister of Interior shall ensure the geodetic determining of the line of the state border and working out of maps in digital and graphic form and of information system reflecting this border, create and maintain the geodetic and the cartographic fund.

 

 

Art. 11. The departments and the municipalities according to the character of their functions shall ensure the fulfilment of specialised activities in the geodesy and cartography and the creating and maintaining of specialised information systems for them.

 

Chapter three.
ACTIVITIES IN THE FIELD OF GEODESY AND CARTOGRAPHY

Section I.
Bulgarian geodetic system and geodetic networks

 

Art. 12. (1) The geodetic system for the territory of the Republic of Bulgaria called hereinafter "Bulgarian geodetic system" shall be determined on the basis of the European geodetic reference system. The Bulgarian geodetic system shall include:

1. fundamental geodetic parameters;

2. geodetic coordinate system;

3. height system;

4. system of plain coordinates based on the adopted geodetic coordinate system and cartographic projection which is used for civil application;

5. system of division and nomenclature of the map sheets.

(2) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The definition, realisation and maintenance of the Bulgarian geodetic system shall be determined with ordinance of the Minister of Regional Development and Public Works and the Minister of Defence.

(3) The determining of the Bulgarian geodetic system shall be implemented through:

1. construction and maintenance of geodetic points evenly distributed on the whole territory of the Republic of Bulgaria which constitute the unified geodetic base;

2. using of satellite, geodetic, gravimetric, astronomic and geomagnetic measurements with high accuracy on the basis of the results from which are determined the geodetic coordinates, the heights over sea level, the acceleration of gravity and the magnet declination of the points;

3. determining of the transformation parameters between the Bulgarian geodetic system and other reference systems applied in the country;

4. determining of the parameters of the Earth’s gravity field for the territory of the country;

5. use of data from permanently acting stations for determining of position for the needs of geodetic and topographic measurements and of navigation.

 

 

Art. 13. (1) The unified geodetic base of the territory of the Republic of Bulgaria shall include the following geodetic networks

1. the state geodetic network – designated to materialise and distribute on the territory of the country the geodetic coordinate system;

2. the state levelling network – designated to ensure unified height base for the geodetic measurements;

3. the state gravimetric network – designated for determining the parameters of the gravitation field;

4. the network of sea level stations – designated for registration the fluctuations of the level of the Black Sea and determining its average values;

5. the network of magnet stations – designated for determining the declination of the magnetic field.

(2) The state geodetic network shall be intensified with points of geodetic networks with local designation.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. - SG 41/19, in force from 22.08.2019) The order and the technical requirements for creating, approval and maintenance of the geodetic networks of para 1, items 1 and 5 shall be determined with ordinances of the Minister of Defence coordinated with the Minister of Regional Development and Public Works.

(4) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. - SG 41/19, in force from 22.08.2019) The order and the technical requirements for creating, approval and maintaining of the geodetic networks of para 1, items 2, 3 and 4 and para 2 shall be determined with ordinance of the Minister of Regional Development and Public Works coordinated with the Minister of Defence.

 

Section II.
State topographic maps

 

Art. 14. (1) The state topographic maps shall be worked out for the whole territory of the Republic of Bulgaria as well as for the region of the Bulgarian base in the Antarctic, and they shall include:

1. large scale topographic map in scales 1: 5000 and 1: 10 000;

2. medium scale topographic maps in scales 1: 25 000, 1: 50 000 and 1: 100 000;

3. small scales topographic maps in scales smaller than 1: 100 000.

(2)(amend. – SG 49/14) The state topographic maps shall be separated and marked according to the system for division and nomenclature of the map sheets.

(3) The state topographic maps shall be created, updated, maintained and approved under conditions and by order determined as follows:

1. (amend. and suppl. - SG 109/07, in force from 01.01.2008; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014) the large scale topographic map – with ordinance of the Minister of Regional Development and Public Works coordinated with the Minister of Defence the Minister of Interior;

2. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) the medium scale and the small scale topographic map – with ordinance of the Minister of Defence coordinated with the Minister of Regional Development and Public Works.

(4) (amend. - SG 41/19, in force from 22.08.2019) The state topographic maps shall be updated periodically in term not longer than 10 years or in terms determined with international agreements.

 

 

Art. 15. (1) Air photographing and other distant methods shall be used in connection with the working out and the updating of the large scale topographic map, the working out of the cadastral ma and for other purposes.

(2) (amend. and suppl. - SG 109/07, in force from 01.01.2008; amend. – SG 49/14) The air photographing shall be implemented by natural or legal persons after coordination with the Ministry of Defence, the Ministry of Interior, the State Agency for National Security, the Ministry of Foreign Affairs and the Ministry of Transport, Information Technology and Communications.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The planning, fulfilment and approval of the aerial photographing and the results of different distant methods for scanning and interpreting of the land surface shall be determined with ordinance of the Minister of Regional Development and Public Works.

 

 

Art. 16. (1) Data from satellite photos may be used at the creating of the state topographic maps and at the creating of thematic maps of art. 17 under conditions and by order determined with the ordinances of art. 14, para 3.

 

Section III.
Thematic and other maps

 

Art. 17. (1) For special needs shall be created and published thematic, general geographic, studying and other maps and atlases, globes and relief model maps which reflect the natural and social events and their interactions.

(2) The data about natural and social events put on the map in compliance with its topic shall constitute its special content. Compulsory part of the content of the thematic maps and atlases shall be her topographic base.

(3) The topographic base of the thematic maps shall include the coast line, the hydrography, the borders (state, administrative – territorial units), the settlements, the road and railroad network.

 

Section IV.
Establishing and standardisation of the geographic names

 

Art. 18. (1) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall appoint Council for standardisation of the geographic names and organise its work.

(2) The council of para 1 shall implement expert activity in the field of standardisation of the geographic names.

(3) (amend. – SG 36/08; amend. – SG 74/09, in force from 15.09.2009; amend. – SG 77/10; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 49/14; amend. – SG 98/14, in force from 28.11.2014, amend. – SG 58/17, in force from 18.07.2017) Chairman of the Council for standardisation of the geographic names shall be deputy Minister of Regional Development and Public Works or an official authorized by him and its members shall be representatives of the Ministry of Defence, the Ministry of Education and Science, the Ministry of Culture, the Ministry of Environment and Waters, the Ministry of Agriculture, Foods and Forestry, the Ministry of Interior, the Ministry of Foreign Affairs, the Agency for geodesy, cartography and cadastre, the Institute for Bulgarian language and the Geographic institute at the Bulgarian Academy of Science proposed by their respective chiefs.

(4) According to the character of the considered problems the chairman of the council may invite at its sessions also representatives of other departments, municipalities, higher schools and other organisations.

(5) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The activity of the Council for standardisation of the geographic names shall be financed with resources from the budget of the Minister of Regional Development and Public Works.

 

 

Art. 19. (1) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Council for standardisation of the geographic names shall propose to the Minister of Regional Development and Public Works for approval:

1. the order and the rules for the unifying and the registration of the geographic names in the Republic of Bulgaria and their spelling;

2. (amend. - SG 41/19, in force from 22.08.2019) the established geographic names in the Republic of Bulgaria and their entering in the register of art. , para 4, item 7;

3. the transcription of foreign geographic names and their spelling;

4. the transcription of the Bulgarian geographic names in Roman alphabet.

(2) At the fulfilment of its functions of para 1 the council shall take into consideration also the recommendations of the international organisations for geographic names as well as the Bulgarian traditions in their spelling.

(3) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The council shall implement its activity according to a regulation approved by the Minister of Regional Development and Public Works.

(4) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts of the Minister of Regional Development and Public Works of para 1 shall be compulsory for all users of geographic names in the country.

(5) (new – SG 19/09; amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The acts of the Minister of Regional Development and Public Works referred to in par. 1, item 4 shall be binding in case of carrying out the activities in the field of geodesy and cartography, implemented by the executive power bodies, local government bodies and by legal entities and natural persons.

 

Section V.
State geodetic, cartographic and cadastral fund

 

Art. 20. (1) (amend. – SG 57/07, in force from 13.07.2007) The State geodetic, cartographic and cadastral fund (Geocartfund) maintained by the Agency for geodesy, cartography and cadastre shall preserve geodetic, cartographic, cadastral and other materials and data by the order established in the National Archive Fund Act.

(2) Materials and data from the Geocartfund may also be preserved by territorial units of the Agency for geodesy, cartography and cadastre.

(3) In the Geocartfund shall be delivered for preservation:

1. (amend. - SG 41/19, in force from 22.08.2019) copies with data about the state geodetic network;

2. (suppl. - SG 41/19, in force from 22.08.2019) the original materials in digital, graphic and written form and the respective data about the geodetic networks with local designation, the state levelling network and the levelling networks that dense it, the sea level stations and the state gravimetric network;

3. the original materials in digital, graphic, written and photographic form and the respective data for the large scale topographic map;

4. aerial and satellite photos created and/or used at working out of the large scale topographic map or the cadastral map;

5. copy of the maps and the lists with the geodetic coordinates of the points determining the line of the state border;

6. copies of the data in digital, graphic, written, photographic and other form and the respective materials created as result of specialised activities of art. 4;

7. originals and copies of other documents connected with the geodetic, cartographic and cadastral activities assigned by the order of art. 3, para 2.

(4) Materials and data of para 3 which are not assigned by the state may be delivered to the Geocartfund for preservation, use and conceding to third persons on the basis of a contract between their owner and the Agency for geodesy, cartography and cadastre.

(5) In the Geocartfund shall be preserved materials and data created through specialised geodetic and cartographic activities assigned by the state if they are about sites with area not les than 5 ha or for linear sites with length not les than 5 km.

(6) The materials and the data in digital form shall be preserved in the Geocartfund in the accepted format of art. 12, item 12 of the Cadastre and Property Register Act.

 

 

Art. 21. (1) The materials and the data presented by in the Geocartfund shall be preserved termless or for defined term.

(2) To termless preservation shall be subject:

1. the catalogues (the registers) with coordinates, heights over sea level, gravimetric data, data from sea level measurements, data from magnet measurements, measurements for investigation of geodynamic events;

2. films from aerial photographing and contact copies from them, including data from aerial photographing in digital form;

3. satellite photos;

4. the originals of the cadastral map and the cadastral registers;

5. originals of topographic and thematic maps, cadastral and consolidation plans, unique cartographic works;

6. topographic maps on which are documented the established state border, administrative and settlements’ territory boundaries;

7. geodetic and cartographic materials and data connected with protection of copyright.

(3) To preservation for term of 50 years shall be subject the carriers with data from the field measurements and calculations implemented at the creating of the materials of para 2.

(4) The Geocartfund shall preserve the received materials and data being classified information according to the requirements of the Protection of Classified Information Act.

(5) (amend. – SG 57/07, in force from 13.07.2007) Destroying of geodetic and cartographic materials and data preserved in the Geocartfund shall be implemented by the order of the National Archive Fund Act.

 

 

Art. 22. (1) The Agency for geodesy, cartography and cadastre shall:

1. implement written and verbal references on the basis of the materials and the data from the Geocartfund;

2. concede certified copies including in digital and photographic form of geodetic, cartographic, topographic and cadastral materials and data form the Geocartfund;

3. concede information in digital form through direct access through the geo-information system.

(2) When the materials and the data of para 1, item 2 are conceded in digital form their certification shall be implemented with electronic signature of the official.

(3) (amend. – SG 49/14) For the services of para 1 fees shall be paid in extent determined with the tariff of art. 8, para 2 of the Cadastre and Property Register Act or at prices according to the contracts of art. 20, para 4.

(4) The references and the services shall include the right of one time and in one procedure use of the received materials and data.

(5) (revoked – SG 49/14)

(6) The information, the materials and data conceded by the Geocartfund may be used only for the purposes for which they have been ordered. They cannot be circulated, disseminated or conceded to third persons unless this is provided on the basis of concluded contract with the Agency for geodesy, cartography and cadastre.

 

Section VI.
Geo-information system

 

Art. 23. (1) For the needs of geodesy and cartography shall be created geo-information system consisting of:

1. unified digital model of the territory of the Republic of Bulgaria corresponding as content and accuracy to the large scale topographic map in scale 1: 5000, respectively 1: 10 000;

2. geodetic and topographic data bases;

3. data bases for the geographic names;

4. (amend. - SG 41/19, in force from 22.08.2019) information about the geodetic and the cartographic materials and data preserved in the Geocartfund and information from the register of art. 7, para 4, item 5;

5. software – technical means for creating, processing, servicing, management, maintenance in updated status and reliable preservation of data bases and spatial digital models as well as means for information exchange.

(2) The geo-information system shall implement connection and information exchange with the information system for the cadastre as well as with the specialised information systems of art. 32, para 1, item 2 of the Cadastre and Property Register Act.

(3) (amend. – SG 66/13, in force from 26.07.2013; revoked – SG 49/14)

(4) For references and conceding of data from the geo-information system fees shall be paid in extent determined with the tariff of art. 6, para 3, item 1.

 

Chapter four.
LEGAL CAPACITY, IMPLEMENTING AND APPROVAL OF GEODETIC AND CARTOGRAPHIC ACTIVITIES

Section I.
Legal capacity

 

Art. 24. (1) The basic activities in geodesy and cartography of art. 3 and the specialised activities of art. 4, para 2, items 1 and 2 shall be fulfilled by persons received legal capacity in geodesy, respectively cartography under the conditions and by the order of chapter two of the Cadastre and Property Register Act.

(2) The specialised activities of art. 4, para 1 shall be fulfilled by persons received legal capacity under the conditions and by the order of the Chambers of Architects and Engineers in Investment Design Act.

(3) The Agency for geodesy, cartography and cadastre and its territorial services, the specialised units of the Ministry of Defence and the Ministry of Interior and the municipalities at fulfilment of their functions and in the field of geodesy and cartography shall be considered legally capable for implementing geodetic and cartographic activities by force of This Act.

 

 

Art. 25. (1) A person having legal capacity to implement activities in geodesy and cartography shall be obliged to:

1. implement the works assigned to him in compliance with the requirements of This Act and the normative acts for its implementation;

2. protect the classified information being official secret which has become known to him in connection with implementing the assigned activity.

(2) A person having legal capacity to implement activities in geodesy and cartography shall sign (with electronic signature – for materials and data in digital form) and seal the materials and data created by him.

(3) Geodetic and cartographic materials which are not signed and sealed by a person having the respective legal capacity shall not be subject to approval, coordination and endorsement by the competent bodies.

 

 

Art. 26. The legally capable person shall insure himself for the time of his activity under This Act for the damages which may occur due to guilty not fulfilment of his obligations as well as the obligations of his employees. The minimum extent of the insurance sum shall be determined by:

1. the Agency for geodesy, cartography and cadastre – for the persons acquired legal capacity under the conditions and by the order of art. 24, para 1;

2. The chamber of the engineers in geodesy – for the persons acquired legal capacity under the conditions and by the order of art. 24, para 2.

 

 

Art. 27. The employees in the administration of the bodies of the

 

Section II.
Implementing of geodetic and cartographic activities

 

Art. 28. (1) The owner, respectively the user of immovable property shall

be obliged to:

1. ensure free access to the immovable property for the persons to whom has been assigned by the order of This Act to implement or to control the implementation of geodetic and cartographic activities;

2. present at request documents containing information in connection with the implemented geodetic and cartographic activities.

(2) The persons to whom is assigned by the order of This Act to implement or control the implementation of geodetic and cartographic activities shall have right to:

1. pass across the immovable property to the place for measuring, respectively to the geodetic sign after notifying the owner;

2. implement the necessary measurements;

3. place geodetic signs in the landed property or on the buildings after notifying the owner of the immovable property.

(3) The persons of para 2 shall be obliged to certify their right telecommunications implement the respective activities.

(4) At non fulfilment by the owner, respectively the user, of an immovable property the obligations of para 1, item 1 the access to the property shall be ensured by administrative order with and order by the mayor of the municipality, respectively – by the mayor of the district at the location of the property and if necessary – also with the cooperation of Police upon request by the mayor.

 

 

Art. 29. (1) The persons to whom by the order of This Act has been assigned to implement or control the implementation of geodetic and cartographic activities shall be obliged to preserve the land, the buildings, the facilities the fences, the improvements and the plantations in the property.

(2) The owners, respectively the users, shall have right to indemnification by the assignor for the damages caused at fulfilment of the geodetic and cartographic activities.

 

 

Art. 30. The initial materials and data necessary for fulfilment of geodetic, cartographic and other activities shall be received from the Agency for geodesy, cartography and cadastre, from the Ministry of Defence or their owner. The receiving of the materials and the data by the respective order shall be certified by document for their conceding – contract or document for paid fee.

 

 

Art. 31. The access to properties and documents connected with the defence and the security of the state shall be permitted by the chief of the respective department or official authorised by him.

 

 

Art. 32. (1) The points and the facilities of the geodetic networks of art. 13, para 1 and 2 shall be constructed only in immovable properties – state or municipal property.

(2) As exception and upon impossibility to be observed the requirements of para 1 the points and the facilities of the geodetic networks of art. 13, para 1 and 2 shall be constructed in immovable properties – property of individuals or corporate bodies. For ensuring conditions for the use of these points and according to their designation easement zones shall be created.

(3) The dimensions, the disposition and the regime of using of the easement zones of para 2 shall be individual and shall be determined in the ordinances of art. 13, para 3 and 4.

 

 

Art. 33. (1) The individuals and the corporate bodies shall be obliged to preserve the points and the facilities of the geodetic networks of art. 4, para 1, item 3 and of art. 13, para 1 and 2.

(2) Upon grounded need points and facilities of para 1 to be destroyed the owners of the properties in which they are located shall be obliged to notify the Agency for geodesy, cartography and cadastre or the specialised unit of the Ministry of Defence as well as to ensure financial resources for their movement and new geodetic determining.

 

Section III.
Approval of the worked out geodetic and cartographic materials and data

 

Art. 34. (1) (amend. - SG 41/19, in force from 22.08.2019) The geodetic and cartographic materials and data worked out under art. 13, para 1, items 1 and 5 as well as these under art. 14, para 1, items 2 and 3, shall be approved by commission determined with order by the Minister of Defence.

(2) (amend. - SG 41/19, in force from 22.08.2019) The geodetic and cartographic materials and data worked out under art. 13, para 1, items 2, 3 and 4 and art. 13, para 2 as well as these under art. 14, para 1, item 1 shall be approved by commission determined with order by the executive director of the Agency for geodesy, cartography and cadastre.

(3) The geodetic and cartographic materials and data worked out under art. 4, para 1, items 2, 3 shall be approved by commission determined with order by the executive director of the Agency for geodesy, cartography and cadastre with chairman – representative of the agency and members – representatives of the respective municipalities, departments and other interested corporate bodies and individuals.

(4) The approval of the worked out geodetic and cartographic materials and data shall be implemented in the presence of a person legally capable to implement activities in geodesy, respectively cartography, who is representative of the contractor.

(5) The commissions of para 1, 2 and 3 shall check the observing of the normative requirements for the respective kind of geodetic and cartographic activities, the existence of document certifying the conceding of the initial materials and data as well as the compliance of the initial materials and data used by the contractor with these of art. 30. The commission shall sign (with electronic signature – for materials and data in digital form) and seal the materials and data received by it.

(6) The commission of para 3 shall submit to the Agency for geodesy, cartography and cadastre the acceptance record in 10 days term after the approval of the materials and the data. The approved materials and data shall be delivered to the Geocartfund when they are assigned by the state or contract has been concluded for their conceding and use between the Agency for geodesy, cartography and cadastre and their owner.

(7) When the geodetic and cartographic materials and data are assigned by individuals or corporate bodies for their approval by the order of para 3 shall be paid fee in extent determined in the tariff of art. 6, para 3, item 1.

(8) When at approval of geodetic and cartographic materials and data conceded by legally capable person, non compliance with the requirements of This Act and the normative acts for its implementation is established, the agency shall inform the Chamber of the engineers in geodesy.

 

 

Art. 35. (1) (amend. - SG 41/19, in force from 22.08.2019) The register of art. 7, para 4, item 5 shall be public and contain information about the kind, the range, the ownership and the location of the materials and the data created through geodetic and cartographic activities.

(2) In 20 days term after receiving the record of art. 34, para 6 the Agency for geodesy, cartography and cadastre shall reflect the respective data in the register of para 1.

 

Chapter five.
CHAMBER OF THE ENGINEERS N GEODESY

 

Art. 36. (1) The Chamber of the engineers in geodesy shall be corporate body with headquarters in Sofia.

(2) The Chamber of the engineers in geodesy shall implement its activity on the territory of the country through regional structures – colleges. The regional colleges shall not be corporate bodies. The membership in them shall be according to permanent address of the persons. The structure, the mandate, the functions, the authorities and the budget of the regional colleges shall be provided in the statutes of the chamber.

 

 

Art. 37. (1) The Chamber of the engineers in geodesy shall:

1. represent its members and protect their professional rights and interests in compliance with the interests of the public;

2. not admit monopoly, disloyal competition and unequal position between its members;

3. create conditions for free choice of engineers in geodesy on behalf of the assignors;

4. cooperate for increase of the professional qualification of its members and their acquaintance with the European and international standards.

(2) For fulfilment of the basic purposes of para 1 the Chamber of the engineers in geodesy shall:

1. participate with its representatives at considering by the Agency for geodesy, cartography and cadastre of the requests for acquisition of legal capacity in geodesy as well as at deletion or for entering again of persons in the respective register.

2. work out code of professional ethics of the engineers in geodesy and exercise control of its observing;

3. follow the fulfilment of the professional obligations of its members;

4. implement cooperation with similar chambers and professional organisations at international level;

5. implement cooperation with the higher schools for preparing of engineers in geodesy and organise together with them qualification courses, post graduate training and courses for professional training;

6. assist the resolving of disputes between its members and third persons;

7. determine minimum prices for fulfilment of geodetic, cartographic and cadastral activities and follow their observing;

8. work out and present statements on normative acts connected with the cadastral, geodetic and cartographic activity;

9. implement also other activities provided in the states of the chamber.

 

 

Art. 38. (1) The engineers in geodesy who implement activity in geodesy, cartography and cadastre shall be members of the Chamber of the engineers in geodes.

(2) Voluntary shall be the membership of engineers in geodesy who:

1. are employees in the administration of the bodies of the executive authority and the municipalities;

2. do not work in their speciality.

 

 

Art. 39. (1) The bodies of the Chamber of the engineers in geodesy at national level shall be: the general meeting, the management council, the control council and the commission on professional ethics.

(2) The Chamber of the engineers in geodesy shall be represented by the chairman of the management council and when he is absent – by his deputy.

 

 

Art. 40. (1) The general meeting of the Chamber of the engineers in geodesy shall be regular or extraordinary.

(2) Regular general meeting shall be convened every year.

(3) Extraordinary general meeting may be convened upon decision of the management council or on request of at least one tenth of the members of the chamber.

(4) The order for convening and the rules for work and taking of decisions by the general meeting shall be determined in the statutes of the Chamber of the engineers in geodesy.

(5) The delegates of the general meeting shall be determined under conditions and by order determined in the statutes of the chamber.

 

 

Art. 41. (1) The general meeting shall be regular if two thirds of the delegates are present. If there is no quorum the general meeting shall be postponed with one hour after which it shall be conducted and considered regular regardless of the number of the present delegates.

(2) The general meeting of the Chamber of the engineers in geodesy shall:

1. approve, amend and supplement its statutes;

2. approve, amend and supplement the code of ethics of the engineers in geodesy;

3. elect and discharge the chairpersons and the members of the management council, the control council and the commission on professional ethics;

4. approve the reports of the management council, the control council and the commission on professional ethics;

5. determine minimum prices for geodetic, cartographic and cadastral activities which are promulgated in State Gazette;

6. determine the extent of the membership fee and the extent of the deductions from the revenues of the regional colleges;

7. approve the budget of the chamber.

(3) The decisions of the general meeting shall be taken with simple majority – more than half of the voted. The members of the management council, the control council and the commission on professional ethics shall be elected with secret voting. The decisions of the general meeting of para 2, items 1 and 2 shall be taken with qualified majority of two thirds of the votes.

 

 

Art. 42. (1) The management council of the Chamber of the engineers in geodesy shall consist of chairman and 16 members – members of the camber, out of whom 8 – chairpersons of the regional colleges.

(2) The management council may accept as honorary members of the chamber persons contributed to the authority of the profession.

(3) The management council shall be elected for a term of 4 years.

(4) No membership in the management council shall be admitted:

1. for more than two consecutive mandates;

2. for related person in the sense of § 1 of the additional provisions of the Commerce Act.

(5) The order for convening and the rules for work and taking of decisions shall be determined in the statutes of the chamber.

(6) The management council of the Chamber of the engineers in geodesy shall:

1. convene the general meeting of the chamber;

2. manage the property of the chamber;

3. fulfil other functions assigned with the statutes of the chamber.

 

 

Art. 43. (1) The control council of the Chamber of the engineers in geodesy shall consist of chairperson and 4 members.

(2) The control council shall be elected by the general meeting of the chamber for a term of 4 years.

(3) As members of the control council may be elected members of the chamber who meet the requirements of art. 42, para 4.

(4) The control council of the Chamber of the engineers in geodesy shall:

1. follow the lawfulness of the decisions of the management council, their fulfilment and their compliance with the statutes;

2. follow the lawful and expedient spending of the resources of the chamber;

3. present before the general meeting report on its activity and propose to the general meeting exemption from responsibility of the members of the management council if it is accepted that there are conditions for this;

4. resolve other important issues explicitly pointed out in the statutes of the chamber.

(5) The chairperson of the control council may attend the sessions of the management council with right to advisory vote.

 

 

Art. 44. (1) The commission on professional ethics of the Chamber of the engineers in geodesy shall consist of chairperson and 4 members who are elected by the general meeting of the chamber.

(2) As members of the commission on professional ethics may be elected members of the chamber who meet the requirements of art. 42, para 4.

(3) The commission on professional ethics shall be body for conducting the disciplinary procedures under This Act.

(4) The commission on professional ethics shall:

1. follow the observing of the commission on professional ethics of the engineers in geodesy;

2. issue decisions on breaches of This Act;

3. consider appeals of third interested persons referring breaches connected with observing of the code of professional ethics of the engineers in geodesy.

 

 

Art. 45. (1) The budget of the chamber shall be determined for one year.

(2) The revenues of the chamber shall be formed from:

1. one time inception contributions;

2. annual contributions;

3. prices for services rendered by the chamber, determined by its management council;

4. grants, supports and other incomes.

 

 

Art. 46. (1) For admitted breaches the members of the Chamber of the engineers in geodesy shall bear disciplinary responsibility by the order of This Act.

(2) Disciplinary breach shall be each not fulfilment of the obligations provided in This Act and in the statutes of the chamber as well as:

1. not observing the requirements for the minimum prices of the geodetic, cartographic and cadastral activities;

2. not observing of the code of professional ethics of the engineers in geodesy;

3. corruption proven by the established order.

 

 

Art. 47. (1) Disciplinary procedure shall be formed on complaints of citizens or corporate bodies, on signals of state and municipal bodies and organisations and in connection with facts presented in the mass media only in the presence of lawful ground by the order of This Act and evidentiary material for established breaches of art. 46, para 2.

(2) Anonymous signals cannot be lawful ground for formation of procedure.

(3) The disciplinary procedure shall be formed not later than two months of finding out the breach and not later than one year of committing it.

(4) After establishing of the disciplinary breach the commission on professional ethics shall be obliged to notify the respective member of the chamber who may give explanations in 14 days term after the notification.

(5) In the cases of para 1 the commission on professional ethics shall pronounce decision in one month term.

(6) The breaches shall be established with motivated decision of the commission on professional ethics which may be appealed before the management council in 14 days term.

 

 

Art. 48. (1) For admitted breaches of art. 46, para 2 to the members of the chamber shall be imposed the following penalties:

1. reprimand;

2. deprival from the right to be elected in the management bodies of the chamber for term up to 5 years;

3. deprival from membership in the chamber for term up to one year.

(2) The penalties of para 1 shall be imposed in two months term after establishing of the breaches with decision of the management council which is signed by its chairperson.

(3) The decision of para 2 shall be subject to appeal by the order of the Administrative Procedures Act.

(4) The imposed disciplinary penalties shall be noted in the personal dossier of the respective member of the chamber.

(5) The imposing of disciplinary penalties shall not repeal the opportunity for seeking of punitive or civil responsibility.

 

Chapter six.
ADMINISTRATIVE CONTROL OF THE GEODETIC AND THE CARTOGRAPHIC ACTIVITIES

 

Art. 49. (1) (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, amend. - SG 41/19, in force from 22.08.2019) The Minister of Regional Development and Public Works shall exercise control over the observing of This Act and the normative acts for its implementation at implementing the activities of art. 4, para 1, items 1 – 4, art. 13, para 1, items 2, 3 and 4 and art. 14, para 1, item 1 through the Agency for geodesy, cartography and cadastre or officials authorised by him.

(2) (amend. - SG 41/19, in force from 22.08.2019) The Minister of Defence or officials authorised by him shall exercise control of the activities of art. 13, para 1, items 1 and 5 as well as of art. 14, para 1, items 2 and 3 designated for the purposes of defence as well as for the needs of navigation in air and sea space.

(3) The Minister of Interior of officials authorised by him shall exercise control of the geodetic determining, the working out of maps and documentation in digital and graphic form and the creating and maintaining of the information system for the line of the state border, the organising and maintaining of the departmental geodetic and map fund.

 

 

Art. 50. (1) The control bodies shall, in fulfilment of their functions under This Act, have right to require from the officials, the departments and the municipalities, the contractors of geodetic and cartographic activities and the corporate bodies and individuals all necessary documents, data, identification, written references and explanations necessary for the checks except the documents and the data connected with the defence and the security of the state.

 

Chapter seven.
ADMINISTRATIVE PUNITIVE PROVISIONS

 

Art. 51. (1) Punished with fine from 100 to 1000 levs, if under another Act is not subject to graver penalty, shall be official who:

1. does not fulfil or fulfils badly obligations assigned under This Act and the normative acts for its implementation as well as instructions and prescriptions based on them;

2. does not fulfil written order of the executive director of Agency for geodesy, cartography and cadastre issued within the framework of his competence under This Act;

3. accepts geodetic and cartographic works fulfilled in breach of the normative acts.

(2) Punished with fine from 100 to 1000 levs, if under another law is not subject to graver penalty, shall be a person who:

1. without having the necessary legal capacity delivers or controls geodetic and cartographic activities;

2. as contractor of geodetic and cartographic activities breaches requirements of This Act and the normative acts for its implementation and the instructions and the prescriptions on the basis of them or does not exercise obligations for control over the results of fulfilled geodetic and cartographic activities according to the concluded contract.

(3) Proprietary sanction in extent from 300 to 3000 levs shall be imposed to corporate body of sole entrepreneur implemented breach of para 2.

 

 

Art. 52. (1) Punished with fine from 100 to 1000 levs, if under another law is not subject to graver penalty, shall be a person who destroys, damages or moves geodetic sign or breaks the regime of its use established with easement zone.

(2) Proprietary sanction in extent from 200 to 2000 levs shall be imposed to corporate body of sole entrepreneur implemented breach of para 1.

(3) The fine of para 1, respectively the proprietary sanction of para 2, shall not be imposed if the offender in one month term after the breach of para 1 and 2 restores with own resources the geodetic sign or facility.

 

 

Art. 53. (1) Punished with fine from 100 to 1000 levs, if under another law is not subject to graver penalty, shall be a person who in violation of art. 22, para 6 circulates, disseminates or concedes to third persons materials, data and information conceded by the Geocartfund or the fund of the Ministry of Defence as well as such of art. 3, para 1, items 2, 3 and 4.

(2) Proprietary sanction in extent from 500 to 5000 levs shall be imposed to corporate body of sole entrepreneur implemented breach of para 1.

 

 

Art. 54. For other breaches of This Act, of the acts for its implementation and the instructions and the prescriptions based on them the penalty shall be fine from 100 to 500 levs, respectively proprietary sanction in extent from 200 to 1000 levs if under another law the offender is not subject to graver penalty.

 

 

Art. 55. At repeated implementing of breach under This Act the fine or the proprietary sanction shall be imposed in double extent.

 

 

Art. 56. (1) The breaches under This Act shall be established with acts by officials determined respectively by the Minister of Defence, the Minister of Interior and the executive director of Agency for geodesy, cartography and cadastre.

(2) The punitive decrees shall be issued respectively by the Minister of Defence, the Minister of Interior and the executive director of Agency for geodesy, cartography and cadastre.

 

 

Art. 57. (1) The establishing of the breaches under This Act, the issuing, appealing and execution of the punitive decrees shall be implemented by the order of the Administrative Violations and Penalties Act.

(2) (revoked – SG 77/12, in force from 09.10.2012)

 

Additional provisions

 

§ 1. In the sense of This Act:

1. "Aerial photographing" is photographing of the land surface from a flying apparatus.

2. "Geo-information" is geographic information referring to objects and phenomena directly or indirectly connected with their location.

3. "Geocartfund" is combination of geodetic, cartographic, cadastral and other materials and data as well as structural unit of the Agency for geodesy, cartography and cadastre who maintains and manages it.

4. "Official" is person according to art. 93, item 3 a) of the Penal Code.

5. "Engineer in geodesy" is person with higher education in the specialities "Geodesy, photogrammetry and cartography", "Land management", "Geodesy", "Mine surveying" or "Geodesy and mine surveying" as well as person with graduated higher education abroad with recognised and legalised diploma by the order of art. 9, para 3, item 9 and art. 10, para 2, item 4 of the Higher Education Act.

6. "Legal capacity" is recognised possessing of obligatory amount of professional competences on the basis of defined education and experience which gives right to exercise concrete activities.

7. "repeated breach" is the one implemented in one year term after the punitive decree, with which penalty for the same kind of breach has been imposed, enters into force.

8. "Easement zone" is part of the landed property around geodetic points and facilities for which with a normative act restrictions in the regime of use of the landed property have been imposed.

9. "Standardisation of the geographic names" is activity haven as purpose to achieve maximum practical unification in the conveying – verbally and in writing, of all geographic names at which one or more names for given object, the precise written form and the conditions for their use have been accepted by the competent body.

10. "Thematic map" is a map reflecting one theme (object, phenomenon or sector or combination of themes).

11. "Topographic data bases" are sets of geodetic (spatial), attribute and other data about the objects from the content of a topographic map.

12. "Transcription of the foreign geographic names" is the written conveying of the contemporary sound content of foreign geographic names with the means of the Bulgarian language.

13. "Topographic surveying" is multitude of geodetic measurements and aerial photographing activities designated for determining with photogrammetric and geodetic methods the felief of the land surface and the location of the natural objects and these created as result of human activity.

14. "Establishing of the geographic names" is the activity for registration of the names of the geographic objects in the Republic of Bulgaria determined with an act of a competent state body or recorded in the state topographic maps.

 

Transitional and concluding provisions

 

§ 2. Till the collecting of actual data through topographic surveying in the base of topographic data of the territory of the country may be included also data from digitising of the available publisher’s originals of the large scale topographic map.

 

 

§ 3. Geodetic and cartographic activities which implementation has been assigned till the Act enters into force shall be finished according to the normative requirements acted by the moment of concluding the contract for assigning.

 

 

§ 4. The materials and the data created as result of fulfilment of the activities in geodesy, cartography and cadastre shall not be considered assets in the sense of the Accountancy Act.

 

 

§ 5. (1) The conditions and the order for convening and conducting of national constituent assembly of the Chamber of the engineers in geodesy shall be determined with an order of the Minister of Regional Development and Public Works which shall be promulgated in State Gazette in two months term after the Act enters into force.

(2) Participants in the regional meetings for election of delegates of the national constituent assembly of the Chamber of the engineers in geodesy may be all engineers in geodesy who are Bulgarian citizens and have submitted application for participation in the regional meetings in two months term after the Act enters into force.

(3) The persons of para 2 with permanent address on the territory of the respective region shall submit applications to the regional governors accompanied by a copy of the identification document and of the diploma for graduated higher education.

(4) In two months term after the elapse of the term of para 1 the regional governors shall organise, set the time and conduct the regional meetings for election of delegates for the national constituent assembly of the Chamber of the engineers in geodesy.

(5) The regional meetings shall elect delegates for the national constituent assembly of the Chamber of the engineers in geodesy at rate of representation one representatives for each five who have submitted application.

(6) In 14 days term after the conducting of the regional meetings for election of delegates the regional governors shall send the records with the results of the elections to the Minister of Regional Development and Public Works.

 

 

§ 6. (1) In one month term after the elapse of the term of § 5, para the Minister of Regional Development and Public Works shall appoint temporary commission for preparation of the draft statutes of the Chamber of the engineers in geodesy and set the date for conducting the national constituent assembly. The members of the temporary commission must be engineers in geodesy, not sentenced for intentional unqualified crime, not related persons in the sense of § 1 of the additional provisions of the Commerce Act, not members of parliament, ministers and members of political offices of ministers.

(2) The order of the Minister of Regional Development and Public Works of para 1 shall be promulgated in State Gazette not later than 30 days before the date for conducting the national constituent assembly.

(3) The national constituent assembly shall be chaired by the oldest delegate.

(4) The national constituent assembly shall approve the statutes of the Chamber of the engineers in geodesy and elect its management bodies.

 

 

§ 7. In the Cadastre and Property Register Act (prom. SG 34/00, amend. SG 45, 99/02, SG 36/04, SG 39, 105/05) the following amendments and supplements shall be made:

1. The title of chapter one shall be changed to "Agency for geodesy, cartography and cadastre".

2. In art. 14, para 4, first sentence the words "25 percent of the collected under this Act" shall be substituted by "75 percent of the collected under this Act and the Geodesy and Cartography Act", the word "only" shall be substituted by ""for creating the cadastre and geodetic measurements as well as" and the second sentence shall e deleted.

3. In art. 12:

a) new item 2 shall be created:

""2. implement the functions and the tasks determined with the Geodesy and Cartography Act;";

b) the previous items 2, 3, 4, 5 and 6 shall become respectively items 3, 4, 5, 6 and 7;

c) the previous item 7 shall become item 8 and changed to:

"8. keep registers of the persons legally capable to implement activities in cadastre, geodesy and cartography;";

d) the previous item 8 shall become item 9;

e) the previous item 9 shall become item 10 and in it at the end shall be added "and under the Geodesy and Cartography Act".

4. The services for geodesy, cartography and cadastre shall implement the activities in geodesy, cartography and cadastre for the regions from the territory of the country determined for them, preserve the initial materials and data from the geodetic measurements conceded to them and fulfil also other functions determined in the structural regulation.

5. In the title of chapter two the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

6. In art. 16:

a) in para 1 after the words "legal capacity" shall be added "in cadastre";

b) in para 3 the text after the words "of art. 35a" shall be deleted.

7. In art. 17, para 1:

a) in the text before item 1 the words "This Act" shall be substituted by "geodesy, cartography or cadastre";

b) in item 1 after the words "the cadastre" shall be added "respectively in the field of geodesy or cartography";

c) item 2 shall be changed to:

"2. Bulgarian corporate body who has subject of activity creating of cadastre, respectively implementing activities in geodesy or cartography and in its permanent members there is person or persons legally capable to implement activities in geodesy, cartography and cadastre."

8. In art. 18:

a) in para 1 the words "the register" shall be substituted by "the respective register of art. 12, item 8";

b) para 2 shall be changed to:

"(2) Commission appointed by the executive director of the Agency for geodesy, cartography and cadastre, check in 30 days term after receiving the application whether the conditions of art. 17 for the entering of the candidate in the respective register exist. In the members of the commission a representative of the Chamber of the engineers in geodesy shall be included. The entering shall be implemented on the ground of order of the executive director."

9. In art. 19:

a) in para 1 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre" and the words ""the register" shall be substituted by "the respective register" and the words "item 7" shall be substituted by "item 8";

b) para 2 shall be changed to:

"(2) The registers of the persons with legal capacity to implement activities in cadastre, geodesy and cartography shall be public."

10. In art. 20, para 1:

a) in item 1 the words "the cadastre" shall be substituted by "cadastre, respectively geodesy or cartography";

b) item 3 shall be created:

"3. to ensure protection of the personal data that have become known to him in connection with implementing the activity assigned to him."

11. In art. 21:

a) in para 1, item 5 at the end shall be added "under This Act or under art. 25, para 1 of the Geodesy and Cartography Act";

b) in para 3 the words "the register" shall be substituted by "the respective register".

12. In art. 22 the words "and preservation of the register" shall be substituted by "of the registers in cadastre, geodesy and cartography".

13. Art. 22a shall be created:

"Art. 22a. The Agency for geodesy, cartography and cadastre and its territorial units at fulfilment of their functions in cadastre shall be considered with legal capacity for implementing activities in cadastre by the force of This Act."

14. In art. 54, para 1 the words "and the cadastral registers under this chapter" shall be substituted by "of art. 53".

15. In art. 58, para 1 and 3 the words "cadastral data" shall be substituted by "cadastral, geodetic and cartographic materials and data".

16. In § 1 of the additional provisions items 14 and 15 shall be created:

"14. "legal competence in geodesy" is recognised possession of obligatory amount of professional competences on the basis of defined education and experience which give right to create and maintain the unified geodetic base, geodetic measurements and their processing for creating the state topographic maps as well as to implement the specialised activities in the field of geodesy;

15. "legal competence in cartography" is recognised possession of obligatory amount of professional competences on the basis of defined education and experience which give right to compile, edit and design the state topographic maps, thematic, general geographic and education maps and atlases, globes and terrain model maps."

17. Everywhere in the Act the words "Agency for cadastre", "service for cadastre", "services for cadastre" shall be substituted respectively by "the Agency for geodesy, cartography and cadastre", "service for geodesy, cartography and cadastre", "services for geodesy, cartography and cadastre".

 

 

§ 8. In the Copyright and Related Rights Act (prom. SG 56/93; amend. SG 63/94, SG 10/98, SG 28/00, SG 77/02, SG 28, 43, 74, 99, 105/05) in art. 3, para 1 item 10 shall be created:

"10. cadastral maps and state topographic maps."

 

 

§ 9. In the Telecommunications Act (prom. SG 88/03; amend. SG 19, 77, 88, 95, 99, 105/05, SG 17/06) the following amendments shall be made:

1. In art. 169, para 2 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

2. In art. 171, para 1 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

 

 

§ 10. In the Forestry Act (prom. SG 125/97; amend. SG 79, 133/98, SG 26/99, SG 29, 78/00, SG 77, 79, 99/02, SG 16, 107/03, SG 72, 105/05) in § 123, para 2, item 4 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

 

 

§ 11. In the Spatial Planning Act (prom. SG 1/01; amend. SG 41, 111/01, SG 43/02, SG 20, 65, 107/03, SG 36, 65/04, SG 28, 76, 77, 88, 94, 95, 103, 105/05) everywhere the words "the Agency for cadastre" shall be substituted by "Agency for geodesy, cartography and cadastre".

 

 

§ 12. In the Municipal Property Act (prom. SG 44/96; amend. SG 104/96, SG 55/97, SG 22, 93/98, SG 23, 56, 64, 67, 69, 96/99, SG 26/00, SG 34/01, SG 120/02, SG 101/04) in art. 58, para 2 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

 

 

§ 13. In the Preservation of Agricultural Lands Act (prom. SG 35/96; amend. SG 14, 26/06, SG 28/01, SG 112/03, SG 18/06) in art. 25 the following amendments shall be made:

1. In para 1 everywhere the words "the service for cadastre" shall be substituted by "the services for geodesy, cartography and cadastre".

2. In para 2 the words "service for cadastre" shall be substituted by "services for geodesy, cartography and cadastre".

 

 

§ 14. In the Waters Act(prom. SG 67/99; amend. SG 81/00, SG 34, 41, 108/01, SG 47, 74, 91/02, SG 42, 69, 84, 107/03, SG 6, 70/04, SG 18, 77, 94/05) in art. 155, item 1 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

 

 

§ 15. In the Biological Diversity Act (prom. SG 77/02; amend. SG 88, 105/05) in art. 8, para 3 the words "the cadastre" shall be substituted by "geodesy, cartography and cadastre".

 

 

§ 16. The by-law normative acts shall be brought in compliance with This Act.

 

 

§ 17. (amend. – SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Council of Ministers shall approve long term programme for the development of the activities in geodesy and cartography, cadastre and property register on proposal by the Minister of Regional Development and Public Works.

 

 

§ 18. Paragraph 7, item 8 b) shall enter into force after the establishing of the Chamber of the engineers in geodesy.

The Act was passed by the 40-th National Assembly on March 23, 2006 and it is affixed with the official seal of the National Assembly.

 

Transitional and concluding provisions
TO THE NATIONAL ARCHIVE FUND ACT

 

(PROM. - 57/07, IN FORCE FROM 13.07.2007)

 

§ 23. The Act shall enter into force from the day of its promulgation in the State Gazette.

 

Transitional and concluding provisions
TO THE STATE AGENCY FOR NATIONAL SECURITY ACT

 

(PROM. - SG 109/07, IN FORCE FROM 01.01.2008)

 

§ 44. The Act shall enter into force from 1 January 2008.

 

Transitional and concluding provisions
TO THE TRANSLITERATION ACT

 

(PROM. - SG 19/09)

 

§ 3. The registered before the entering of the Act into force trade marks, geographic designations and legal entities names, transliterated in breach of the provisions of This Act may be adjusted in conformity with the requirements thereof.

 

Concluding provisions
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE VOCATIONAL EDUCATION AND TRAINING ACT

 

(PROM. – SG 74/09, IN FORCE FROM 01.10.2009)

 

§ 48. The Act shall enter into force from the date of its promulgation in the State Gazette, except for § 1, which shall enter into force from the 15th of September 2009 and § 47, which shall enter into force from the 1st of October 2009.

 

Concluding provisions
TO THE ACT ON AMENDMENT OF THE ADMINISTRATIVE VIOLATIONS AND PENALTIES ACT

 

(PROM. - SG 77/12, IN FORCE FROM 09.10.2012)

 

§ 19. This Act shall enter into force from the day of its promulgation in the State Gazette.

 

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPATIAL PLANNING ACT

 

(PROM. - SG 66/13, IN FORCE FROM 26.07.2013)

 

§ 60. The following amendments and supplementations are made to the Geodesy and Cartography Act (Prom. SG 29/06; amend. SG 57 and 109/07; SG 36/08; SG 19 and 74/09; SG 77/10; SG 77/12):

…………………….

3. In the remaining wording of the act the words "Minister of Regional Development and Public Works", "the Minister of Regional Development and Public Works", "Deputy Minister of Regional Development and Public Works" and "the Ministry of Regional Development and Public Works" shall be replaced respectively with "Minister of Regional Development", "the Minister of Regional Development", "Deputy Minister of Regional Development" and "the Ministry of Regional Development"

……………………..

 

 

§ 117. The Act shall enter into force from the date of its promulgation in State Gazette.

 

Transitional and concluding provisions
TO THE SPATIAL DEVELOPMENT ACT

 

(PROM. – SG 98/14, IN FORCE FROM 28.11.2014)

 

§ 117. The Act shall enter into force from the date of its promulgation in the State Gazette.

 

Concluding provisions
TO THE ACT AMENDING THE ACT ON BULGARIAN FOOD SAFETY AGENCY

 

(PROM. - SG 58/17, IN FORCE FROM 18.07.2017)

 

§ 76. This Act shall enter into force on the day of its promulgation in the State Gazette.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CADASTRE AND PROPERTY REGISTER ACT

 

(PROM. - SG 41/19, IN FORCE FROM 22.08.2019)

§ 33. The Act shall enter into force three months after its promulgation in the State Gazette.

 

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