Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 2010 [shall
come into force on 1 January 2011];
23 May 2013 [shall come into force on 18 June
2013];
25 September 2014 [shall come into force on 22 October
2014];
23 November 2016 [shall come into force on 1 January
2017];
17 May 2018 [shall come into force on 1 July 2018];
2 June 2022 [shall come into force on 29 June 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Geospatial
Information Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) geodesy - the scientific and manufacturing
discipline which researches the shape and dimensions of the Earth
as well as determines the mutual condition of natural elements
and objects created by human beings on the surface of the Earth
in any coordinate system related to the Earth. The measurements
of gravitational field or magnetic field of the Earth and other
geophysical measurements are used in geodesy;
2) geodetic marker - a geodetic mark fixed in an area
which has a constant centre and at least one of the following
characteristics whereof has been specified: coordinates, height,
gravimetric field value of the Earth or geomagnetic field value
of the Earth. Markers which have been fixed with soil marks may
have an overground construction - a landmark, an indicating pole,
a geodetic signal, an enclosure;
3) geodetic network - an aggregate of geodetic markers
with characteristics of one type;
4) geodetic reference system - theoretical grounds for
the reference of coordinates and heights, and magnetometric and
gravimetric reference that are used for geodetic and cartographic
activities;
5) geospatial information - any information which
directly or indirectly indicates towards a specific location or
geographical area where a geospatial object is located;
6) circulation of geospatial information - acquisition,
preparation, processing, maintenance, supply to the users, and
use of geospatial information;
7) re-use of geospatial information - the use of
geospatial information at the disposal of an institution which is
performed for commercial or non-commercial purposes by a natural
person or a legal person which is not the initial purpose of use
for which the geospatial information was acquired and prepared
when fulfilling the duties of the institution. Exchange of
geospatial information among institutions in implementing their
administration functions and tasks shall not be deemed re-use of
geospatial information;
8) infrastructure for geospatial information -
geospatial data sets specified in laws and regulations, metadata
thereof, conditions for joint use and re-use of geospatial
information, geospatial data services, information and
telecommunication technologies by which the circulation of
geospatial information and the provision of geospatial data
services is ensured, and the procedures for the coordination and
supervision of activities of the authorities involved;
9) joint use of geospatial information - circulation of
geospatial information among institutions in fulfilling the
administration functions and tasks thereof;
10) geospatial data services - technical processing of
geospatial information and other activities for the provision of
the circulation of such information;
11) geospatial information portal (hereinafter - the
geoportal) - a website or a resource equivalent thereto which
ensures access to geospatial data sets, services and
metadata;
12) holder of geospatial information - any natural
person or legal person which is the creator or commissioning
party of the relevant geospatial information or which has at the
disposal thereof the geospatial information necessary for the
provision of the functions specified for an institution and which
may be arranged in a database, including a holder of geospatial
data set;
13) geospatial data set - an identifiable database of
geospatial information which has been created with a specific
purpose of use, has a specific holder, and includes basic
geospatial information data of an individual sector;
14) holder of geospatial data set - the responsible
authority specified in laws and regulations for the creation and
maintenance of geospatial data set;
15) interoperability of geospatial data sets and services
- the possibility for geospatial data sets to be combined,
and for geospatial data services to interact, without repetitive
manual intervention, in such a way that the result is coherent
and the added value of the geospatial data sets and services is
enhanced;
16) geospatial object - an abstract representation of
the real world which is related to a specific location or
geographical area;
17) cartography - the scientific and manufacturing
discipline regarding the acquisition and processing of geospatial
information with mapping methods, and also regarding the drawing
up, publishing, and use of maps and plans;
18) metadata - structured information describing
geospatial data sets and geospatial data services;
19) sector - an economic sector the provision of
practical activities of which requires the acquisition,
preparation, updating, and use of geospatial information;
20) orthophoto - a photographic image of the surface of
the Earth which, after processing with photogrammetry methods,
corresponds to the geometrical properties of the projection of a
map or plan;
21) basic data - such aggregate of geospatial
information which has been prepared according to a single
specification and preparation and constant updating of which
provides economic effect for the national economy and
functionally ensures:
a) unambiguous attraction of the location of other geospatial
objects;
b) creation of context for the visualisation and analysis of
other geospatial data;
c) making of topographic and thematic maps;
22) system of permanent global positioning base stations
"Positioning System of Latvia" - a component of the national
geodetic network that ensures high-precision determination of
coordinates for terrain objects by using satellites of the
Earth;
23) thematic map - a map the content, scale,
projection, and arrangement of which has been created according
to the requirements for representation of a specific sector (for
example, geology, tourism, cadastre of immovable properties,
transport) or a specific purpose (for example, air navigation,
maritime navigation, spatial planning) only;
24) topographic map - a representation of geospatial
information in a plane with specific designations in visually
perceptible form in which the impact of the surface curvature of
the Earth is taken into account according the scale of
representation;
25) topographic plan - a representation of geospatial
information of a local geographical area in a plane with specific
designations in a visually perceptible form;
26) information on place names (toponyms) - within the
meaning of this Law: place names or geographical names combined
with information characterising or explaining them, and also
specifying the geographical tie of the relevant place names to
specific objects.
[25 September 2014]
Section 2. Purpose of the Law
The purpose of the Law is to specify the institutional system
in the field of geospatial information, incorporating the
conditions for the preparation, use, exchange, and maintenance of
geospatial information (including geodetic and cartographic basic
data) in order to establish an infrastructure for geospatial
information in the Republic of Latvia.
Section 3. Scope of Application of
the Law
(1) The Law shall be applied to all natural and legal persons
the functions, tasks, and activities of which are related to the
circulation of geospatial information and joint use and re-use of
such information.
(2) The Law shall apply to the circulation of geospatial
information insofar as it is not in contradiction with the
provisions for the circulation of geospatial information
specified in special laws and regulations and international
agreements or to be implemented within the framework of
international cooperation.
Chapter
II
Competence of State Administration in the Field of Geospatial
Information
Section 4. Authorities for the
Administration of Geodesy, Cartography, and Geospatial
Information and Coordination of Activities Thereof
(1) The Ministry of Defence shall organise and coordinate the
implementation of State policy in the field of geodesy,
cartography, and geospatial information:
1) develop the State policy and development strategy,
coordinate the circulation of geospatial information in the State
in the field of geodesy and cartography, except for the drawing
up and publication of maritime navigation maps which is
determined by the Maritime Administration and Marine Safety
Law;
2) ensure the development of draft laws and regulations in
accordance with the legal acts of the European Union, the North
Atlantic Treaty Organisation, and other international
organisations;
3) plan and supervise the performance of the acquisition,
preparation, and updating of geodetic and cartographic basic
data, and also the provision of geospatial data services of the
Latvian Geospatial Information Agency within the framework of the
annual State budget;
4) ensure the operation of the Geospatial Information
Coordination Board;
5) determine the procedures for the provision of geospatial
information support for the fulfilment of the tasks of the
National Armed Forces and participation in the North Atlantic
Treaty Organisation;
6) in cooperation with sectoral ministries ensure the
development of standards and/or adaptation of international
standards in the field of geospatial information;
7) coordinate the conclusion of international agreements
regarding the use of geospatial information acquired using the
remote sensing method for the fulfilment of the functions and
tasks of all relevant ministries.
(2) The Latvian Geospatial Information Agency is an
institution of direct administration under the supervision of the
Ministry of Defence which implements the State policy in the
field of geodesy, cartography, and geospatial information and
participates in the development of this policy.
(3) The Latvian Geospatial Information Agency may conclude
contracts for the performance of relevant services in order to
fulfil the tasks specified in Section 12, Paragraph five, Section
17, Paragraph three, Section 18, Paragraph two, and Section 31,
Paragraph two of this Law.
(4) The Ministry of Environmental Protection and Regional
Development, the Ministry of Agriculture, the Ministry of
Justice, the Ministry of Transport, the Ministry of Economics,
the Ministry of the Interior, the Ministry of Health, the
Ministry of Education and Science, the Ministry of Culture, and
local governments as well as associations and foundations the
operation of which has been registered in the relevant field
shall perform individual functions in implementation of the
policy in the field of geodesy, cartography, and geospatial
information according to their competence.
(5) The ministries referred to in Paragraph four of this
Section shall, in accordance with their State administration
functions, tasks and competence, sectors or sectoral groups
covered by them and the international legal provisions binding on
the Republic of Latvia:
1) include such measures in sectoral policy planning documents
as to ensure the acquisition, preparation, and updating of the
geospatial information necessary for the development and
implementation of the relevant sectoral policy and the provision
of the relevant geospatial data services;
2) provide the following information in sectoral policy
planning documents on the measures referred to in Clause 1 of
this Paragraph:
a) specific geospatial data sets and services which are
planned to be ensured by the relevant measures;
b) deadlines for the implementation of measures;
c) the funding granted and additionally necessary for the
fulfilment of measures;
d) the authorities responsible for the implementation of
measures;
e) the procedures for the provision of reports on the
fulfilment of measures;
3) ensure the acquisition, preparation, updating, and
availability of geospatial data sets and metadata thereof of the
relevant sector in the national single geoportal in conformity
with the measures referred to in Clause 1 of this Paragraph and
the requirements specified in this Law for the circulation of
geospatial information.
(6) The ministries referred to in Paragraph four of this
Section shall prepare and submit to the Ministry of Defence
details regarding geospatial information, services, and measures
of the relevant sector in order to ensure efficient acquisition,
preparation, and updating of geospatial information and provision
of the relevant geospatial data services in the State.
(7) The Ministry of Defence, the Ministry of Agriculture, the
Ministry of Justice, the Ministry of Transport, the Ministry of
Economics, the Ministry of the Interior, the Ministry of Health,
the Ministry of Education and Science, the Ministry of Culture,
and local governments as well as associations and foundations the
operation of which has been registered in the relevant field
shall be responsible for preparation of geospatial information of
the relevant sector, provision of services and performance of
measures, as well as for provision of information to the Ministry
of Environmental Protection and Regional Development to ensure
performance of the tasks specified in Section 8, Paragraphs two
and three of this Law.
[16 December 2010; 23 May 2013; 25 September 2014; 17 May
2018; 2 June 2022]
Section 5. Competence of the
Ministry of Environmental Protection and Regional Development in
the Field of Geospatial Information
The Ministry of Environmental Protection and Regional
Development shall, in accordance with its State administration
functions, tasks, and competence, and also the international
legal provisions binding on the Republic of Latvia:
1) organise and coordinate the development and implementation
of the State policy in the field of electronic government,
information society, and information technologies for the
establishment of the national single geoportal and the provision
of operation thereof within the framework of the annual funding
from the State budget;
2) draw up draft laws and regulations and policy planning
documents for the establishment and introduction of the national
single geoportal;
3) coordinate the cooperation of sectoral ministries, the
State administration authorities subordinate thereto, and local
government authorities in the establishment and introduction of
the geospatial services available in the national single
geoportal;
4) ensure the management of the establishment and maintenance
of the national single geoportal;
5) ensure the interoperability of the national single
geoportal with the geoportal of the European Community.
[16 December 2010]
Section 5.1 Geospatial
Information Coordination Board
The Geospatial Information Coordination Board is a collegial
and coordinating authority established by the Cabinet the purpose
of which is to ensure interinstitutional cooperation for the
planning of the field of geospatial information and the
implementation of policy thereof.
[25 September 2014]
Section 6. Competence of Local
Governments in the Field of Geospatial Information
Local governments shall, in accordance with the functions,
tasks, and competence thereof as well as with the international
legal provisions binding on the Republic of Latvia and within the
framework of the annual budget:
1) organise the acquisition and maintenance of the geospatial
information necessary for the performance of their functions,
determine the procedures for the financing and use of these
functions, and ensure cooperation with other institutions in the
field of the circulation of geospatial information, for example,
with the Latvian Geospatial Information Agency and the State Land
Service;
2) ensure timely updating and maintenance of the geospatial
information and services necessary for the operation thereof;
3) ensure the conformity in the subordinate authorities and
institutions with the requirements of this Law in the field of
the circulation of geospatial information.
[23 May 2013]
Section 7. Competence of
Associations and Foundations in the Field of Geospatial
Information
Associations and foundations or partnerships thereof which
unite natural and legal persons working in the field of
geospatial information may participate in the implementation of
the State policy in the field of geospatial information, holding
the discussion of regulatory documents and standards and
providing opinions, promoting the involvement of the society in
the circulation of geospatial information, improving professional
qualification, and fulfilling other State administration tasks
delegated to associations and foundations or partnerships
thereof.
Section 8. Representation of the
Republic of Latvia in Institutions of the European Union and
Provision of Information to the European Commission
(1) The Ministry of Environmental Protection and Regional
Development and the Ministry of Defence shall, according to their
competence, ensure representation of the Republic of Latvia in
institutions of the European Union in issues regarding operation
of the infrastructure for geospatial information in the European
Community.
(2) The Ministry of Environmental Protection and Regional
Development shall, according to the procedures laid down by the
European Commission, prepare a report for the European Commission
on operation of the infrastructure for geospatial information in
the Republic of Latvia.
(3) The Ministry of Environmental Protection and Regional
Development shall, upon request of the European Commission,
provide it with information on future development of the
infrastructure for geospatial information in the European
Community.
[2 June 2022]
Section 9. Obligations and
Responsibility of the Owners, Legal Possessors, and Users of
Immovable Properties
(1) The owner, legal possessor or user of an immovable
property shall not hinder access to geodetic markers in order to
perform geodetic or cartographic activities and shall not limit
the performance of geodetic or cartographic activities in the
territory owned or possessed thereby.
(2) The owner, legal possessor or user of an immovable
property shall not perform activities which are directed against
continuous preservation and stability of geodetic marks or
invariability of their construction, and shall comply with the
restrictions around geodetic markers specified in the Protection
Zone Law.
(3) The owner, legal possessor or user of an immovable
property shall be held liable for the violation of the
obligations specified in Paragraph two of this Section in
accordance with the law.
[Paragraph three shall come into force after making the
relevant amendments to the Latvian Administrative Violations
Code. See Paragraph 10 of the Transitional Provisions]
Chapter
III
Acquisition, Preparation, Processing, and Maintenance of
Geospatial Information
Section 10. Performance of Geodetic
and Cartographic Activities
(1) Geodetic and cartographic activities shall be the basis
for the acquisition, preparation, processing, and maintenance of
geospatial information.
(2) Geospatial activities shall include:
1) the establishment, maintenance, and supervision of the
geodetic reference system;
2) the establishment and use of permanent global positioning
base stations;
3) the performance of geodetic works for sectoral needs.
(3) Geodetic activities shall be carried out by duly certified
persons and also, in the cases specified in laws and regulations,
by employees of State and local government authorities who have
acquired academic or second level higher vocational education and
professional qualification of a geodetic engineer or a land
survey engineer, or a cartography engineer, or who have acquired
engineering master's degree in geomatics, geodesy, land survey,
or cartography.
(4) Geodetic activities that are related to the performance of
geomagnetic or gravimetric measurements and other services
provided in the field of geodesy which should be available to the
society shall be ensured by the Latvian Geospatial Information
Agency according to its resources. The respective geodetic
activities shall be carried out for a charge in accordance with
the price list of public paid services of the Latvian Geospatial
Information Agency. The Cabinet shall issue regulations which
determine the price list of geodetic activities related to the
performance of geomagnetic or gravimetric measurements and other
services of the Latvian Geospatial Information Agency and the
procedures for application thereof.
(5) The cartographic activities referred to in Section 16,
Clause 1 of this Law shall be carried out by the persons who have
acquired academic or second level higher vocational education in
geography, geomatics, geodesy, land survey, cartography,
environmental science and whose professional competence
corresponds to the carrying out of the relevant activities.
(6) Geodetic and cartographic activities which result in the
acquisition of basic data or data that, within the meaning of
this Law, conform to the purpose of joint use and re-use of
information shall be carried out in accordance with the
requirements of this Law and other laws and regulations.
(7) Geodetic and cartographic activities shall be carried out
without damaging the immovable property in which they are being
carried out.
[23 May 2013; 25 September 2014; 17 May 2018 / See
Paragraphs 21 and 22 of Transitional Provisions]
Section 11. Application of the
Geodetic Reference System
(1) [25 September 2014]
(2) [25 September 2014]
(3) The Geodetic Coordinate System of Latvia, the
implementation of the European Vertical Reference System in the
territory of Latvia, and the topographic map system (1993) shall
be used to acquire, prepare, and maintain the basic data of
geospatial information. The parameters of the abovementioned
systems and the procedures for application thereof shall be
determined by the Cabinet.
(4) In international projects as well as in cooperation with
the North Atlantic Treaty Organisation and Member States thereof,
other international organisations and participants thereof have
the right to use other geodetic reference systems and
cartographic coordinate systems to be transformed to the Geodetic
Coordinate System of Latvia.
[25 September 2014]
Section 12. Geodetic Reference
System
(1) [25 September 2014]
(2) Implementation of the geodetic reference system is a
geodetic network with the following components:
1) the national geodetic network;
2) the local geodetic network.
(3) Establishment and maintenance of the geodetic reference
system shall be coordinated and supervised by the Latvian
Geospatial Information Agency.
(4) The Cabinet shall determine the procedures for the
establishment, use, and maintenance of the geodetic reference
system.
(5) The Latvian Geospatial Information Agency shall establish
and maintain the national geodetic network, and also maintain
information in the National Geodetic Network Database regarding
markers of the national geodetic network. The National Geodetic
Network Database is a part of the Geodetic Network Information
System. The Latvian Geospatial Information Agency shall be the
manager of the Geodetic Network Information System.
(6) The Latvian Geospatial Information Agency shall establish
and maintain the system of permanent global positioning base
stations "Positioning System of Latvia" by ensuring that it can
be used free of charge. The Latvian Geospatial Information Agency
shall be the manager of the system of permanent global
positioning base stations "Positioning System of Latvia".
(7) Installation, maintenance, and protection of markers of
the local geodetic network in its administrative territory shall
be ensured by a local government which accumulates in the local
geodetic network database the current information regarding the
markers of the local geodetic network that are located within its
administrative territory. The local geodetic network database is
a part of the Geodetic Network Information System.
(8) The Cabinet shall determine the procedures for the
installation and maintenance of the markers of the local geodetic
network, and also for the provision of information.
[23 May 2014; 25 September 2014; 17 May 2018]
Section 13. Topographic Information
of High Detailed Elaboration
(1) Topographic information of high detailed elaboration shall
be such geospatial information the scale certainty of which is
1:500 or more.
(2) Topographic information of high detailed elaboration shall
be stored in a database.
(3) The Cabinet shall determine the specification of
topographic information of high detailed elaboration, the
methodology for the acquisition, preparation, and processing of
the information, the general requirements for the preparation of
a topographic plan, the general requirements for the coordination
thereof, the elements to be represented therein, and also the
responsibility of the performer of geodetic work in the process
of the acquisition and preparation of topographic information of
high detailed elaboration.
(4) The State Land Service shall accumulate topographic
information of high detailed elaboration regarding the whole
State territory in the central database of the topographic
information of high detailed elaboration and shall be the manager
of the national information system of topographic information of
high detailed elaboration.
(5) The Cabinet shall determine the procedures for the
establishment and maintenance of the central database of
topographic information of high detailed elaboration, including
therein the following requirements:
1) regarding the content of the information to be accumulated
in the central database of topographic information of high
detailed elaboration;
2) regarding exchange of information between the database of a
local government and the central database of topographic
information of high detailed elaboration;
3) the procedures for the submission and acceptance, updating
and distribution of topographic information of high detailed
elaboration.
(6) In order to ensure the fulfilment of the functions and
tasks of a local government, it shall establish and maintain a
database of topographic information of high detailed elaboration
regarding the administrative territory thereof in accordance with
the specification of the topographic information of high detailed
elaboration specified by the Cabinet, shall perform verification
of the submitted information and ensure the interoperability of
the database with the central database in accordance with the
procedures specified by the Cabinet. The local government council
shall determine the procedures for the submission and acceptance
of topographic information of high detailed elaboration.
(7) The local government has the right to delegate the task
referred to in Paragraph six of this Section by concluding a
delegation contract in accordance with the procedures specified
in the State Administration Structure Law. If the abovementioned
administration task is delegated to the State Land Service, it
shall maintain the topographic information of high detailed
elaboration in the central database regarding the administrative
territory of the local government in accordance with the
procedures specified in Paragraph five of this Section.
(8) The local government and the State Land Service shall
distribute the information accumulated in the database according
to the amount of data accumulated in the database thereof.
Section 14. Protection of the
Markers of the Geodetic Network
(1) Markers of the national geodetic network fixed in an area
shall be the State property and shall be under the State
protection.
(2) Markers of a local geodetic network fixed in an area shall
be the property of a local government and shall be under the
protection of the local government.
(3) Protection zones in accordance with the Protection Zone
Law shall be specified for markers of the national geodetic
network and a local geodetic network fixed in an area.
Section 15. Expert-examination of
the Results of Geodetic Work
(1) An expert-examination of the results of geodetic work
shall be ensured by the Latvian Geospatial Information Agency
upon request. The expert-examination of the results of geodetic
work shall be performed in accordance with the procedures
specified by the Cabinet.
(2) The Cabinet shall issue regulations determining the price
list of the expert-examination of the results of geodetic work
provided by the Latvian Geospatial Information Agency and the
procedures for the application thereof.
[23 May 2013]
Section 16. Cartographic
Activities
Cartographic activities shall include:
1) the acquisition, preparation, processing, and maintenance
of the basic data of geospatial information specified in Section
17 of this Law;
2) the acquisition and processing of aerial photographs,
images from space and laser scanning of the surface of the Earth
for the preparation of orthophotos and relief data;
3) the creation, maintenance, and updating of digital area and
surface models;
4) the drawing up and issuance of topographic maps;
5) the drawing up and issuance of air navigation and maritime
navigation maps;
6) the drawing up and issuance of sectoral thematic maps, for
example, cadastral, address, forest section, agricultural land,
amelioration, spatial planning, soil, geological, hydrological,
and other maps necessary for visualisation of the relevant
sectoral information or, in the cases when the relevant sectoral
thematic maps are not issued in polygraphic form, the
preparation, publication, and updating of data of the thematic
maps of these sectors;
7) the drawing up and issuance of maps of administrative
borders or the preparation, publication, and updating of data of
administrative borders;
8) the drawing up and issuance of overview and informative
maps;
9) the drawing up and issuance of training maps;
10) the drawing up and issuance of national atlases;
11) the preparation, publication, and updating of information
on place names, catalogues and dictionaries of geographic
names.
Section 17. Basic Data of Geospatial
Information
(1) Basic data of geospatial information shall be as
follows:
1) images of the surface of the Earth, data of remote sensing,
and orthophotos within the framework of the scale line 1:50 000 -
1:2000 or larger scale;
2) digital models of area and surface which are used in order
to draw up topographic plans and topographic maps within the
framework of the scale line 1:250 000 - 1:500 or larger
scale;
3) geospatial information which is included in topographic
plans and topographic maps within the framework of the scale line
1:250 000 - 1:500 or larger scale;
4) geospatial information of the State Immovable Property
Cadastre Information System;
5) borders of administrative territories, descriptions
thereof, and geospatial information of the State Address
Register;
6) geospatial information of the borders of restricted
territories and objects causing protection zones;
7) geospatial information regarding subterranean depths;
8) geospatial information regarding the quality, fertility,
and degradation of soil;
9) geospatial information of inventory and amelioration of
land for agricultural use and forests;
10) geospatial information regarding airways, aircraft flight
areas, objects and obstacles dangerous for the safety of aircraft
flights;
11) geospatial information regarding hydrographic surveys,
geospatial information included in the nautical charts of
territorial waters and economic zone of the Republic of Latvia,
geospatial information regarding waterways and means of
navigation in order to ensure safe navigation;
12) geospatial information regarding the State border line,
the border zone, and border points;
13) geospatial information regarding specially protected
nature territories;
14) geospatial information regarding the actual and planned
(permitted) use of territory;
15) geospatial information regarding the infrastructure of
land, maritime, air, and pipeline transport and traffic
junctions;
16) geospatial information of engineering communications.
(2) The holders of the basic data of geospatial information
shall be determined in this Law or in the special laws and
regulations of the relevant sector.
(3) The Latvian Geospatial Information Agency shall acquire,
prepare, and update the following basic data and shall be the
holder of such basic data:
1) images of the surface of the Earth, data of remote sensing,
and orthophotos within the framework of the scale line 1:50 000 -
1:2000;
2) digital models of area and surface which are used in order
to draw up topographic plans and topographic maps within the
framework of the scale line 1:250 000 - 1:500;
3) geospatial information which is included in topographic
plans and topographic maps within the framework of the scale line
1:250 000 - 1:2000;
4) the basic data of geospatial information in order to
provide support for the fulfilment of the tasks of the National
Armed Forces and the participation thereof in the North Atlantic
Treaty Organisation in accordance with the procedures specified
by the Ministry of Defence.
(4) The basic data of geospatial information specified in
Paragraph three of this Section shall be accumulated in the basic
geospatial data information system. The Latvian Geospatial
Information Agency shall be the manager of the basic geospatial
data information system. The Cabinet shall determine the
procedures for the maintenance and use of the basic geospatial
data information system.
[23 May 2013]
Section 18. Information on Place
Names
(1) The Cabinet shall determine the procedures for the
creation, assigning, approval, accumulation, publication, use,
preservation, and protection of place names.
(2) Information on place names which is necessary for the
performance of geodetic and cartographic activities shall be
compiled in the Database of Place Names. The Latvian Geospatial
Information Agency shall be the holder of the Database of Place
Names and the manager of the national information system of place
names.
[23 May 2013]
Section 19. Classification of
Geospatial Objects Included in Geospatial Data Sets
(1) The single national classification system of geospatial
objects shall be used for the preparation, maintenance, and use
of the basic data of geospatial information.
(2) The code, name, and description of the relevant geospatial
objects shall be included in the single national classification
system of geospatial objects.
(3) The single national classification system of geospatial
objects shall be developed, approved, and introduced in
accordance with the procedures for the introduction and use of
the unified classification system for economic information.
(4) The Ministry of Defence shall develop and maintain the
single national classification system of geospatial objects, and
also coordinate the introduction and use thereof.
(5) The single national classification system of geospatial
objects shall ensure interoperability with the single
identification system of geospatial objects of the infrastructure
for geospatial information in the European Community.
[2 June 2022]
Section 20. Acquisition,
Preparation, and Updating of Geospatial Information
(1) The basic data of geospatial information shall be
acquired, prepared, and updated in accordance with the
requirements for updating specified in this Law and other laws
and regulations.
(2) The basic data of geospatial information prepared in
accordance with the procedures specified in this Law shall be
used for the preparation and updating of sectoral geospatial data
sets.
(3) The holder of a geospatial data set shall be responsible
for the updating of geospatial information according to the
latest available basic data of geospatial information.
(4) The acquisition, preparation, and updating of the thematic
maps and data sets for sectoral needs shall be performed taking
into account the requirements specified in the special laws and
regulations of the relevant sector.
(5) The geospatial information which is prepared upon request
of an institution in order to ensure the fulfilment of the
functions and tasks of the relevant institution shall conform to
the requirements for the circulation of geospatial information
specified in this Law and other laws and regulations.
Section 21. Metadata
(1) The holder of a geospatial data set shall ensure the
creation of metadata of the relevant geospatial information and
continuous updating thereof.
(2) The Cabinet shall determine the mandatory content of
metadata of geospatial data sets.
Chapter
IV
Certification of the Performers of Geodetic Work
Section 22. General Provisions for
Certification of the Performers of Geodetic Work
(1) Geodetic work shall be performed by certified persons
whose civil liability regarding the professional activity has
been insured.
(2) A certification authority authorised by the Cabinet shall
issue or refuse to issue a certificate to a performer of geodetic
work, suspend or restore operation of a certificate, extend or
refuse to extend the term of validity of a certificate and cancel
it, supervise the activities of the certified persons, and ensure
improvement of qualifications of certified persons.
(3) [23 November 2016]
[23 November 2016; 2 June 2022]
Section 23. Issuance and
Registration of the Certificate Necessary for the Performance of
Geodetic Work and Supervision of Activities of the Certified
Persons
(1) Information on the certified performers of geodetic work
shall be included in the Register of the Persons Certified for
Geodetic Work, Land Survey, and Land Cadastral Survey. The
Register of the Persons Certified for Geodetic Work, Land Survey,
and Land Cadastral Survey shall be maintained by a certification
authority authorised by the Cabinet.
(2) The procedures for the issuance and registration of a
certificate, suspension or restoration of operation of a
certificate, extension of the term of validity or cancellation of
a certificate, the procedures for the supervision of the
activities of certified persons, the procedures for the civil
liability insurance, and the minimum amount for an insurance
contract shall be determined by the Cabinet.
(3) The Cabinet shall approve the price list of paid services
of certification of performers of geodetic work, extension of the
term of validity of the certificate, and supervision of the
activities of certified persons.
[23 November 2016; 2 June 2022]
Chapter V
General Provisions for the Provision of Geospatial Information
and Geospatial Data Services
Section 24. Provision of Geospatial
Information and Geospatial Data Services
(1) The holder of a geospatial data set shall ensure the
provision of information via the infrastructure for geospatial
information in accordance with the procedures specified in this
Law.
(2) The holder of geospatial information shall provide
geospatial information as well as geospatial data services on the
basis of a request of an institution, natural or legal person in
accordance with the procedures specified in the Law on
Submissions and the Freedom of Information Law for the requesting
of information at the disposal of an institution.
(3) The holder of geospatial information may reach an
agreement with the requester of geospatial information or
geospatial data service regarding permanent cooperation in the
provision of geospatial information at the disposal thereof.
Section 25. Protection of Copyright
of Holders of Geospatial Information and of Holders of Geospatial
Data Sets
(1) Copyright to a database of geospatial information or the
protected work included therein and the ownership of the rights
of the database creator shall be determined in accordance with
the Copyright Law.
(2) Unless it has been laid down otherwise in another law or
regulation, users of a geospatial data set shall receive a
licence for the re-use of the geospatial data set or conclude a
licence contract with the holder of the relevant geospatial data
set. Provisions of the licence or the licence contract may be
included in other contracts concluded by and between the holder
of the geospatial data set and the user. The following shall not
be allowed in the abovementioned licence or licence contract:
1) to discriminate the users of the geospatial data set;
2) to include such restrictions which are in contradiction
with Section 27, Paragraphs three and four of this Law;
3) to limit competition.
(3) Unless it has been laid down otherwise in another law or
regulation, users of a geospatial data set shall conclude a
cooperation contract for joint use of this data set with the
holder of the relevant geospatial data set or an
interdepartmental agreement. The text of the cooperation contract
or the interdepartmental agreement shall include provisions
regarding the use of geospatial data sets. The following shall
not be allowed in these provisions:
1) to discriminate the users of the geospatial data set;
2) to include such restrictions which are in contradiction
with Section 27, Paragraphs three and four of this Law.
(4) If, in fulfilling the State administration functions, the
database of geospatial information is used and the copyright to
this database or the protected work included therein or the right
of creator of the database belong to the third person, other
persons shall be provided with access to such database of
geospatial information in conformity with the provisions for the
use of the database.
(5) The provisions for the use of a database referred to in
Paragraph four of this Section shall not restrict the users of a
database of geospatial information in the fulfilment of State
administration functions and tasks specified thereto to a full
extent.
(6) Unless it has been laid down otherwise in another law or
regulation, users of geospatial data sets which are involved in
disaster management, rescue operations or the liquidation of
consequences caused by emergency situations shall, in a timely
manner, provide themselves with a written permission of the
holder of the geospatial data set for the use of the database in
any of the ways referred to in Paragraphs two and three of this
Section for the use of the relevant geospatial data set upon
request in cases of disasters, upon existence of threats of a
disaster, and in case of declaration of an emergency
situation.
(7) The holder of a geospatial data set shall provide free
access to the information on the provisions for the joint use and
re-use of the relevant geospatial data set. The Cabinet shall
determine the mandatory content of the provisions for the use of
geospatial data sets and the procedures for the receipt of a
permit.
[2 June 2022]
Section 26. Fee for the Provision of
Geospatial Information and Geospatial Data Services
(1) Metadata shall be available free of charge.
(2) Acquisition, preparation, and maintenance of the basic
data of geospatial information for the performance of State
administration functions and tasks shall be ensured from the
State or local government budget funds, unless it has been
specified otherwise in laws and regulations.
(3) A fee for the verification of topographic information of
high detailed elaboration, registration in the database,
preparation, and issuance thereof from the central database
referred to in Section 13, Paragraph four of this Law shall be
made in accordance with the procedures specified by the Cabinet,
but from a database of local government in accordance with the
procedures specified in the binding regulations of the local
government.
(4) Exchange of topographic information of high detailed
elaboration between the database of a local government and the
central database shall take place free of charge.
(5) The holder of a geospatial data set shall ensure the
provision of geospatial information according to the amount of
the funding granted from the State or local government
budget.
(6) The fee for the re-use of geospatial information and a
geospatial data service shall be determined in accordance with
the price list of public paid services of the holder of the
relevant geospatial information or the provider of the geospatial
data service. The Cabinet shall issue regulations determining the
price list of re-use of geospatial information and geospatial
data services and the procedures for the application thereof.
(7) If funding has not been provided for the acquisition,
preparation, and maintenance of the relevant geospatial
information or for the provision of the relevant geospatial data
service from the resources of the State budget granted for this
purpose to the institution, the fee for the joint use of
geospatial information, including the basic data of geospatial
information, or the receipt of geospatial data services for the
fulfilment of State administration functions and tasks shall be
determined according to the price list of public paid services of
the holder of the relevant information or the provider of the
geospatial data service. The Cabinet shall issue regulations
determining the price list of receipt of geospatial information
and geospatial data services and the procedures for the
application thereof.
(71) A local government shall impose in its binding
regulations the charge for the use of geospatial information held
by it, for the geospatial information services, and the
procedures for the application of the charge.
(8) In providing the institutions and structures of the
European Community with a report in the field of environment in
accordance with the procedures specified in laws and regulations,
the geospatial information shall be provided free of charge.
(9) As an exception to the conditions for the re-use of
information provided for in the Freedom of Information Law, the
fee for the re-use of geospatial information shall not exceed the
costs for the collection, making, reproduction, and distribution
of such information.
(10) The Cabinet shall issue regulations regulating the
procedures for making payment for the verification of topographic
information of high detailed elaboration, registration in the
database, preparation, and issuance thereof.
[25 September 2014; 2 June 2022]
Section 27. Restrictions Specified
for the Provision of Geospatial Information
(1) A holder of geospatial information does not have an
obligation to create new geospatial information or to adapt the
existing information in order to fulfil a request for re-use.
(2) A holder of geospatial information need not fulfil a
request for re-use if it is related to incommensurate consumption
of resources which exceeds simple processing of information.
(3) Holders of geospatial data sets may restrict the public
access to geospatial data sets, using the services referred to in
Section 28, Paragraph two of this Law, if such access has a
negative impact on international relations, public security or
national defence.
(4) Holders of geospatial data sets may restrict the public
access to geospatial data sets, using the services referred to in
Section 28, Paragraph two, Clause 2, 3, 4 or 5 of this Law where
such access would adversely affect any of the following:
1) the confidentiality of the activities of State or local
government institutions where such confidentiality is provided
for by laws and regulations;
2) the court process, the right of any person to a fair trial
or the ability of a State institution to conduct an enquiry of a
criminal or disciplinary nature;
3) the confidentiality of commercial or industrial information
where such confidentiality is provided for by laws and
regulations or Community law to protect a legitimate economic
interest, including the public interest in maintaining
statistical confidentiality and tax secrecy;
4) intellectual property rights;
5) the confidentiality of files relating to a natural person
where the relevant natural person has not consented to the
disclosure of the information to the public;
6) the interests or protection of any person who supplied the
geospatial information requested on a voluntary basis without
being under, or capable of being put under, a legal obligation to
do so, unless that person has consented to the release of the
geospatial information concerned;
7) the protection of the environment to which such geospatial
information relates, such as the location of rare species.
(5) Holders of geospatial data sets shall not, on the basis of
Paragraph four, Clauses 1, 3, 5, 6, and 7 of this Section, limit
access to information on the emission in the environment.
(6) Geospatial information which includes data of natural
persons shall be processed in conformity with the laws and
regulations governing the data protection of natural persons.
(7) Upon restricting the public access to data, the holders of
geospatial data sets shall provide a justified reply, indicating
specific conditions and considerations which forbid the issuance
of information.
Chapter
VI
Establishment and Operation of the Infrastructure for Geospatial
Information
Section 28. Infrastructure for
Geospatial Information and National Single Geoportal
(1) An infrastructure for geospatial information shall be
established in electronic form for joint use of geospatial
information among institutions and for re-use of geospatial
information.
(2) In order to ensure the availability of the geospatial data
sets included in the infrastructure for geospatial information
and metadata thereof, a national single geoportal shall be
established. At least the following geospatial data services
shall be ensured in the geoportal:
1) search services making it possible to search for the
available geospatial data sets on the basis of the content of the
corresponding metadata and to display the content of the
metadata;
2) view services making it possible, as a minimum, to display,
navigate, zoom in/out, pan, or overlay viewable geospatial data
sets, and also to display legend information of geospatial data
and any relevant content of metadata;
3) download services enabling copies of geospatial data sets,
or parts of such sets, to be downloaded and, where practicable,
accessed directly;
4) transformation services enabling geospatial data sets to be
transformed with a view to achieve their required
interoperability;
5) services allowing geospatial data services to be invoked
directly in information systems.
(3) The State Regional Development Agency shall be the manager
of the geoportal. The functions and tasks thereof, the geospatial
data sets to be included in the geoportal, the metadata, and also
the requirements to be put forward to the holders of geospatial
data sets and their obligations in order to ensure the
availability of geospatial data sets and metadata thereof in the
geoportal and use thereof, and also the provisions for the use of
geospatial information included in the geoportal shall be
regulated by the Cabinet.
(4) The following provisions shall be determined for a joint
use and re-use of the information included in the infrastructure
for geospatial information in conformity with the general
provisions for the provision of geospatial information and
geospatial data services included in Chapter V of this Law and
applying the exceptions to the conditions of re-use of
information provided for in the Freedom of Information Law:
1) the searching for and viewing of geospatial data sets in
the geoportal, without downloading, is free of charge;
2) a fee for viewing of a geospatial data set in the
geoportal, without downloading, may be requested for such
geospatial data sets the maintenance of which is not fully
ensured from the resources of the State budget and the holder of
information of which must ensure extensive and frequent updating
of geospatial information;
3) viewing of geospatial data sets in the geoportal, without
downloading, may be restricted for re-use for commercial
purposes.
[16 December 2010; 25 September 2014]
Section 29. Provision of Geospatial
Information to the Geoportal of the European Community
(1) The manager of the geoportal shall ensure the availability
of the geospatial data sets included in the geoportal and
metadata thereof to the geoportal of the European Community.
(2) The manager of the geoportal shall comply with the
technical specifications and interoperability requirements of
geospatial data sets and metadata specified for the geoportal of
the European Community.
Chapter
VII
Special Provisions for the Circulation of Geospatial
Information
Section 30. Circulation of
Geospatial Information in Case of Emergency Situations, State of
Exception, or Announcement of Mobilisation
(1) In cases when a state of exception or mobilisation has
been announced, geospatial information shall, upon request, be
transferred to the National Armed Forces and the authorities
which perform the tasks specified in the civil protection plans
free of charge.
(2) In case of a disaster or declaration of an emergency
situation, the State or local government authorities shall
receive or download geospatial information from the single
geospatial information portal free of charge regarding the
territory where the disaster has taken place or the emergency
situation has been declared.
Section 31. Circulation of
Geospatial Information Regarding Demarcation of the State Border
of the Republic of Latvia
(1) The Ministry of Foreign Affairs shall, pursuant to the
State administration functions, tasks, and competence thereof and
international legal provisions binding on the Republic of
Latvia:
1) plan and ensure measures for demarcation of the State
border in accordance with international agreements;
2) ensure the keeping of original demarcation documents of the
State border and the sending of copies to the competent
authorities.
(2) The Latvian Geospatial Information Agency shall, within
the framework of demarcation work of the State border of the
Republic of Latvia, ensure that geodetic coordinates of the State
border signs of the Republic of Latvia are specified and
represented in maps in accordance with international
agreements.
[23 May 2013]
Transitional
Provisions
1. The Cabinet shall, by 31 December 2010, issue the
regulations referred to in Section 11, Paragraph three, Section
12, Paragraph four, Section 12, Paragraph eight, Section 15,
Paragraph one, Section 18, Paragraph one, Section 21, Paragraph
two, Section 23, Paragraph two, and Section 26, Paragraph ten of
this Law.
2. The Cabinet shall, by 30 June 2011, issue the regulations
referred to in Section 13, Paragraph three and Section 13,
Paragraph five of this Law.
3. The Cabinet shall, by 15 May 2010, issue the regulations
referred to in Section 25, Paragraph seven and Section 28,
Paragraph three of this Law.
4. Until the day of coming into force of the relevant Cabinet
regulations, but not later than until 31 December 2010, the
following legal acts shall be applicable:
1) Decision No. 172 of the Council of Ministers of the
Republic of Latvia, On the Procedures for the Issuance of
Cartographic Materials;
2) Decision No. 213 of the Council of Ministers of the
Republic of Latvia, On the Transition to the Geodetic Coordinate
System of Latvia;
3) Decision No. 484 of the Council of Ministers of the
Republic of Latvia, On By-laws Regarding the Procedures for the
Establishment, Supervision, and Protection of State Geodetic
Support Points;
4) Decision No. 254 of the Council of Ministers of the
Republic of Latvia of 2 July 1992, On the Assigning of Names and
Renaming of Railroad Stations, Ports, Airports, and Objects of
Physical Geography;
5) Decision No. 257 of the Supreme Council of the Republic of
Latvia of 6 June 1991, On the Procedures for Assigning of Names
and Renaming of Objects of Physical Geography and Other
Objects.
5. The licences for the performance of cartographic work
issued up to 31 December 2007 shall cease to be in effect on the
day of coming into force of this Law. The licences for the
performance of geodetic work issued up to 31 December 2007 shall
be in effect up to the period of time indicated in the licence,
but not longer than until 31 December 2010.
6. The database of topographic information of high detailed
elaboration referred to in Section 13, Paragraph six of this Law
shall be established or the delegation contract referred to in
Section 13, Paragraph seven of this Law shall be concluded within
six months after the day of coming into force of this Law.
7. Until the day of coming into force of the Cabinet
regulations referred to in Section 13, Paragraph three of this
Law:
1) topographic survey of high detailed elaboration shall be
performed in accordance with Cabinet Regulation No. 168 of 2 May
2000, Regulations Regarding the Latvian Construction Standard LBN
005-99 "Provisions for Engineering Research in Construction", and
the methodologies of the State Land Service issued on the basis
thereof and in accordance with the binding regulations of local
governments which have been coordinated with the State Land
Service;
2) the local government shall establish and maintain the
database referred to in Section 13, Paragraph six of this Law in
accordance with Cabinet Regulation No. 168 of 2 May 2000,
Regulations Regarding the Latvian Construction Standard LBN
005-99 "Provisions for Engineering Research in Construction" and
the methodologies of the State Land Service issued on the basis
thereof. The database of topographic information of high detailed
elaboration established until the day of coming into force of
this Law shall be maintained by the local government in
accordance with the binding regulations thereof.
8. Until the day of coming into force of the Cabinet
regulations referred to in Section 13, Paragraph five of this
Law, the State Land Service shall maintain the central
information system referred to in Section 13, Paragraph four of
this Law in accordance with Cabinet Regulation No. 168 of 2 May
2000, Regulations Regarding the Latvian Construction Standard LBN
005-99 "Provisions for Engineering Research in Construction", and
the methodologies of the State Land Service issued on the basis
thereof, arranging the information in individual files according
to the map sheet nomenclature of the scale 1:1000 of the
topographic map system of 1993.
9. Until the day of coming into force of the Cabinet
regulations referred to in Section 13, Paragraph five of this
Law, the State Land Service shall conclude a cooperation contract
regarding initial transfer of the topographic information of high
detailed elaboration at the disposal thereof to a local
government in relation to the territory thereof and the local
government - regarding regular transfer of the topographic
information of high detailed elaboration to the State Land
Service for the maintenance of the central database:
1) within three months after the day of coming into force of
this Law - with local governments which have established a
database of topographic information of high detailed elaboration
prior to the day of coming into force of this Law;
2) within one month from the establishment of the database of
topographic information of high detailed elaboration - with the
local governments which establish the database of topographic
information of high detailed elaboration after the day of coming
into force of this Law.
10. Section 9, Paragraph three of this Law shall come into
force after the relevant amendments have been made to the Latvian
Administrative Violations Code.
11. Within six months after the day of coming into force of
this Law a local government shall issue the binding regulations
referred to in Section 13, Paragraph six of this Law, but the
binding regulations previously issued by the local government
regarding the circulation of topographic information of high
detailed elaboration shall cease to be in effect.
12. Until the establishment of the database of topographic
information of high detailed elaboration referred to in Section
13, Paragraph six of this Law or conclusion of the delegation
contract referred to in Section 13, Paragraph seven of this Law,
topographic survey information of high detailed elaboration
regarding the administrative territory of a local government
shall be registered and accumulated and the data necessary for
the performance of survey shall be issued by the State Land
Service, except for the case when the abovementioned information
is maintained by the local government according to the binding
regulations thereof.
13. The Cabinet shall, within six months after the day of
coming into force of this Law, issue the regulations referred to
in Section 10, Paragraph four, Section 12, Paragraph six, and
Section 15, Paragraph two of this Law.
14. Section 25, Paragraphs two, three, four, five, six, and
seven of this Law shall come into force on 15 May 2010. The norms
of Section 25 of this Law in relation the process of development
of spatial plan shall be applied from 1 January 2014. The
contracts concluded up to 15 May 2010 regarding the use of
database, if they are not in contradiction with the requirements
of Section 25 of this Law, shall be effective for the term
indicated in the relevant contract.
15. Section 28, Paragraphs one and two of this Law shall come
into force on 15 May 2010.
16. The Cabinet shall, by 1 August 2013, issue the regulations
referred to in Section 17, Paragraph four of this Law.
[23 May 2013]
17. Starting from 1 December 2014, the implementation of the
European Vertical Reference System in the territory of Latvia
shall be used to acquire, prepare, and maintain the basic data of
geospatial information.
[25 September 2014]
18. The land surveying work commenced before 1 December 2014
may be completed in the normal heights system of the Baltic
States (1977) until 1 January 2015.
[25 September 2014]
19. If the construction documentation has been developed in
the normal heights system of the Baltic States (1977), then,
starting from 1 December 2014, the notes to the executive
measurement plan shall indicate the heights system in which the
construction documentation has been developed, and the value used
in the recalculations of heights according to the European
Vertical Reference System.
[25 September 2014]
20. The information contained in the information systems and
databases used to acquire, prepare, and maintain the basic data
of geospatial information which has been expressed in the normal
heights system of the Baltic States (1977) shall be expressed in
the European Vertical Reference System by 1 December 2014.
[25 September 2014]
21. Persons who are performing geodetic activities as
employees of State or local government authorities until 30 June
2018 but have not acquired the education specified in Section 10,
Paragraph three of this Law (according to the wording which comes
into force from 1 July 2018) are entitled to continue the
geodetic activities not longer than until 30 June 2024.
[17 May 2018]
22. Persons who are performing cartographic activities until
30 June 2018 but have not acquired the education specified in
Section 10, Paragraph five of this Law (according to the wording
which comes into force from 1 July 2018) are entitled to continue
the cartographic activities not longer than until 30 June
2024.
[17 May 2018]
Informative
Reference to European Union Directives
The Law contains norms arising from:
1) Directive 2007/2/EC of the European Parliament and of the
Council of 14 March 2007 establishing an Infrastructure for
Spatial Information in the European Community (INSPIRE);
2) Directive 2003/98/EC of the European Parliament and of the
Council of 17 November 2003 on the re-use of public sector
information;
3) Directive 2003/4/EC of the European Parliament and of the
Council of 28 January 2003 on public access to environmental
information and repealing Council Directive 90/313/EEC.
The Law has been adopted by the Saeima on 17 December
2009.
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)