Speed restriction
Announcement with the same effect as a traffic sign or traffic decree
Speed limit for inland shipping on the Oude Maas, in both directions, between kilometer marker 998 and the Botlekbrug, and on the Nieuwe Maas, in both directions, between kilometer markers 998 and 1002 in the period from 1 January 2013 to 1 January 2025.
The Rotterdam Harbour Master,
announces that, on behalf of the Minister of Transport, Public Works and Water Management, he has decided to impose speed limits of 14 km per hour for inland shipping on the Oude Maas, in both directions, between kilometer marker 998 and the Botlekbrug and 13 km per hour on the Nieuwe Maas, in both directions, between kilometer markers 998 and 1002.
The indicated speed limit does not apply at wind speeds of 7, or higher, on the Beaufort scale. Nor does it apply to four-barge or six-barge push units on the Nieuwe Maas.
To improve air quality and cut the pollution partly caused by inland shipping in the area adjoining the Oude Maas and the Nieuwe Maas, it will be necessary to impose a speed limit on inland shipping in the above-mentioned sections of the Oude Maas and the Nieuwe Maas in the period from 1 January 2013 to 1 January 2025.
Definitions
The terms used in this decree are defined as follows:
a. commercial transport:
1°. transport of goods in the context of business or professional activities, or
2°. transport of goods intended solely for, or originating from, your own company;
b. inland waterway vessel: vessel, other than a seagoing vessel, intended for commercial transport.
Decree requirements
Under Article 1 of the Harbour Master's Mandate and Power of Attorney Decree Rotterdam, I am authorized to take this decision on behalf of the Minister of Transport, Public Works and Water Management.
The sections of shipping lane on the Oude Maas, between kilometer marker 998 and the Botlekbrug, and on the Nieuwe Maas between kilometer markers 998 and 1002 are managed by the state.
Article 3, first paragraph, points a and e, of the Shipping Traffic Act provides that decisions to erect a traffic sign may be made, inter alia, to ensure the safe and free flow of shipping traffic and in the interest of reducing or preventing pollution from ships.
Procedure
In accordance with Article 6 of the Administrative Provisions (Shipping Traffic) Decree, I have consulted the institutions affected by this decision.
Appraisal of interests and reasons
This decree was necessitated by the creation of the Rotterdam Mainport Development Project and the associated Land Reclamation sub-project. This sub-project involves the construction of Maasvlakte 2 in the North Sea, to expand the Port of Rotterdam by adding up to one thousand acres (net) of land allocable to port and industrial sites. It also involves taking compensatory measures for any resultant damage to the natural environment.
The Maasvlakte 2 Air Quality Study (which was carried for the purpose of establishing the Maasvlakte 2 zoning plan) mapped out the impact of Maasvlakte 2 on air quality when it is in use. It shows that, if no additional measures are taken, at a number of sites the operation of Maasvlakte 2 contributes to those areas in which the current limit values for nitrogen dioxide and particulate matter are exceeded.
A coherent package of measures has been drawn up to compensate for this contribution. This will enable air quality requirements (such as those set out in the Environmental Management Act) to be met. The implementation of this package of measures is guaranteed by the Maasvlakte 2 Air Quality Agreement and by the Maasvlakte 2 zoning plan. One of the measures in this package concerns the introduction of a speed limit for inland shipping on the Oude Maas, in both directions, between kilometer marker 998 and the Botlekbrug, and on the Nieuwe Maas, in both directions, between kilometer markers 998 and 1002.
Decree
Based on the foregoing considerations, I am taking the following decisions.
Article 1. Oude Maas
On the Oude Maas, in both directions, between kilometer marker 998 and the Botlekbrug, inland shipping will be subject to a speed limit of 14 km per hour relative to the land.
Article 2. Nieuwe Maas
On the Nieuwe Maas, in both directions, between kilometer markers 998 and 1002, all inland shipping - with the exception of four-barge or six-barge push units - will be subject to a speed limit of 13 km per hour relative to the land.
Article 3. Wind speeds of 7 or above, on the Beaufort scale
The speed limits indicated in Articles 1 and 2 do not apply at wind speeds of 7 or higher, on the Beaufort scale.
Article 4. Prohibition
Contravention of the provisions of Articles 1 and 2 is prohibited.
Article 5. Publication and coming into force
This decree will be published in the Government Gazette. It will come into force with effect from 1 January 2013 and will lapse on 1 January 2025.
The Minister of Transport, Public Works and Water Management,
on behalf of the above,
The Rotterdam Harbour Master, employed at the Port of Rotterdam Authority.
R.J. de Vries
Further details
Further details can be obtained from the Harbour Master's Reporting Center, telephone number +31-(0)10-2521000, or via e-mail cmh@portofrotterdam.com.
Objection
Under the provisions of the General Administrative Law Act, a concerned party may lodge an objection against this decree within a period of six weeks after its date of publication in the Government Gazette. The objection must be addressed to the Minister of Transport, Public Works and Water Management, for the attention of the Hoofddirectie Juridische Zaken, sector Algemeen Bestuurlijk-Juridische Zaken, PO Box 20906, 2500 EX The Hague.
The objection must be signed and must include the following information:
a. the name and address of the petitioner;
b. the date;
c. a description of the decree to which the objection is being made (date, number, or reference).
d. details of the petitioner's reasons for opposing the decree.
