Duty of care: what you need to know

The duty of care obliges you to act with due care and to prevent your activities from causing damage to water safety, water quality, or water quantity. The interpretation of the duty of care may vary depending on the situation. This allows for a customized approach, but also requires you to carefully consider the possible consequences of your activities.

By complying with the provisions of a licence general rules, you will, in principle, fulfill your duty of care.

The duties of care apply throughout the entire management area of the water board and are not tied to a specific activity. This means that everyone within the management area must comply with them, regardless of the nature or scope of the activity.

The duty of care is laid down in the Water Board Regulation of the water board and applies within the water board's management area. The regulation describes three duties of care, each of which applies to a specific group of activities:

• Activities with consequences for the water system
• Discharge activities
• Extraction of surface water or groundwater

Specific points of attention and obligations apply to these activities to ensure that the water system remains protected. These obligations are intended to strike a balance between the desired activities and the interests of the water board. By complying with the duties of care, you actively contribute to maintaining water safety, water quality, and water quantity.

For all activities, you must:

• take all reasonable measures to prevent adverse effects;
• if adverse effects cannot be prevented, limit or reverse these effects as much as possible;
• refrain from the activity if these consequences cannot be sufficiently limited;
• inform and involve the local community, stakeholders, and landowners in advance.

Activities with consequences for the water system

For activities that affect surface water or storage areas, you must take into account, among other things:

• preserving water system functions and ensuring supply and discharge capacity;
• the ability to maintain the water system;
• compliance with water levels and protection of ecological objectives;
• keeping water storage intact or compensating for it if necessary.

For activities that affect flood defenses, you must, among other things:

• ensure the function of the flood barrier;
• inspection, management, maintenance, and future reinforcement.

Discharge activities

When discharging into surface water or treatment works, you must, for example:

• apply the best available techniques to prevent pollution;
• perform representative measurements and effective sampling of discharges;
• prevent unusual incidents and significant environmental pollution.

Extraction of surface water or groundwater

When extracting water, the duty of care includes measures such as:

• the prevention of salinization, soil subsidence, and changes in groundwater flows;
• maintaining groundwater quality and water system functions;
• ensuring water storage and water management and preventing pollution.

To fulfill your duty of care, it is important to consider in advance the impact of your activity on the water system. You can follow these steps:

1. Perform the Permit Check via the Omgevingsloket to determine which rules and obligations apply to my situation.
2. Comply with the regulations of your licence general rules.
3. If you are unsure about the consequences of your activity, seek advice from the water board.
4. Take preventive measures to avoid damage, such as using environmentally friendly materials.
5. Regularly review your activities and adjust them if necessary to avoid negative effects.

Request custom prescription

Would you like more clarity on how to comply with your duty of care? Request a customized regulation from the water board. This will provide you with specific guidelines tailored to your situation, especially if general rules apply or specific rules are lacking. You can do this via the Omgevingsloket (Environment Desk). See the page Customized regulation: what you need to know.

Do I always have to comply with the duty of care?

Yes, the duty of care applies to everyone within the water board's management area, regardless of the nature or scope of the activity.

How do I know if my activity falls under the duty of care?

All activities that may affect the water system are subject to the duty of care. Perform the Permit Check via the Omgevingsloket (Environment Desk) to determine which rules apply specifically to your situation.

What happens if I fail to comply with the duty of care?

If you fail to comply with the duty of care, the water board may take (enforcement) action. 

Can I get advice on fulfilling my duty of care?

Yes, you can always contact the water board for advice. We are happy to help you ensure that your activities comply with the duty of care.

Do you have any questions or are you having trouble figuring something out? Feel free to contact us via our contact form or our Customer Contact Center (KCC) at 072 582 8282. 

We are happy to help you. Together, we can ensure safe, clean, and sufficient water!