Key Benefits:
Publication of the administration of international nature protection areas and the protection of certain species for the installation and extension of ports and coastal protection measures, and the establishment and extension of certain plants on the sea territory 1)
In accordance with paragraph 1 (1), Article 20 (2) and 20 (2). 2 and 3, in the Law of Coastal Protection, cf. Law Order no. 243 of 5. In April 1994, as amended by law no. 311 of 19. In April 2006 and law no. 548 of 6. June 2007, as well as § 1 a and § 18 (2). Two and three, in the law. 326 of the 28th. May 1999 on ports, as amended by law no. 1221 of 27. December 2003 and Law No 548 of 6. June 2007 shall be adopted according to the authority :
§ 1. This notice shall be used in the exercise of the powers conferred on the right to shore protection and the law of ports to the transport minister and as in the case of notice No 2 ; 427 of 9. May 2007 is left to the coast of Kystdirectorate.
§ 2. The following cases shall be covered by section 3 of the Coastal Protection Act :
1) section 16 (4). 1, concerning the authorisation to carry out coastal protective measures and other fixed installations, which are also established in the sea territory and to the digging, drilling, pump, suction and making any kind of terrain change on seashells and other coastlines.
2) § 16 a (3) (a) 1 on the administration of the State Supreme Court of State over the territory of the State concerned with a decision on the following measures, etc., which are not established under any other legislation :
a) containment and refill.
b) Establishment of fixed installations and the affixing of fixed or anchorages or objects.
c) The creation of vessels intended for other use other than navigation.
d) Deprecating or graving.
3) § 17, paragraph 1. 4, laying down the conditions for the voyage of fast shuttles and the change to these terms.
Paragraph 2. The following cases shall be subject to section 3 :
1) section 2 on the installation and extension of a port.
2) Section 4 on the reposition of a marine's works, etc.
3) Section 15 (3). 1 and 2, laying down general ordinal rules and individual ordinal regulations for ports.
4) Section 21 (1). 5 on the granting of a derogation for the individual shipments of goods by mev.
§ 3. Before a decision is taken pursuant to the provisions referred to in Section 2, an assessment shall be made of whether the project itself, or in the context of other projects, including previously implemented projects, may significantly affect one ; international nature protection or certain species designated by law on environmental objectives, etc. for aquatic bodies and in international nature protection areas (environmental target slop).
Paragraph 2. All plans or projects which are not directly related to or necessary for the management of the international nature protection area shall be subject to a requirement for evaluation in accordance with paragraph 1. 1.
§ 4. If the KystDirectorate assesses, after consulting other public authorities, that the project may significantly affect an international nature protection area, an impact assessment of the impact of the project must be carried out on the international level ; the nature protection area, taking into account the conservation objectives of the area concerned ;
Paragraph 2. It is the responsibility of the applicant to draw up an impact assessment and to bear the costs of this.
Paragraph 3. The impact assessment shall be sent in consultation with the authorities concerned and, in accordance with their request, to national associations and organisations whose principal aims are to protect nature and the environment or the trade-off of recreational interests.
Paragraph 4. The Directorate-General shall set the time limit for the submission of observations to the impact assessment provided for in paragraph 1. The third parties concerned, which must be at least four weeks old.
Paragraph 5. If the case is deemed necessary to be deemed necessary before a decision is taken pursuant to the provisions referred to in Section 2, shall also be sent in public consultation.
§ 5. If the impact assessment does not prove that the project can be carried out without prejudice to the international nature protection area for the purposes of the conservation objectives for the territory concerned, no authorisation may be granted, dispensation or approval for the application.
Paragraph 2. Impact assessment, consultation responses from the public authorities concerned and national associations and organisations whose principal aims are to protect nature and the environment, as well as comments, received after possible public consultation must be stated in the decision.
§ 6. The Kystdirectorate may derogate from section 5 (5). 1, where essential social and economic interests are essential, including social or economic reasons, if there is no alternative solution.
Paragraph 2. In relation to international nature protection areas that contain priority natural habitats and / or plant species listed in the Annex to the Environmental Ministry's announcement of the appointment and administration of international law ; Nature protection areas and the protection of certain species may derogate from paragraph 1. 1 Only when essential considerations are given to human health and public safety or material beneficial effects on the environment, or, after obtaining the opinion of the European Commission, other tenderers as necessary ; essential social interests.
Paragraph 3. Deviation of derogation from paragraph 1. 1 assumes the necessary compensatory measures shall be taken to ensure that the consistency of the international nature protection area is maintained. The European Commission must be informed of the compensatory measures taken.
Paragraph 4. Deviation of derogation from paragraph 1. 2 shall be taken by the Kystdirectorate after consulting the authorities concerned and assumes that necessary compensation measures are taken to ensure that the consistency of the international nature protection area is maintained.
Paragraph 5. The Directorate shall be responsible for the time provided for in paragraph 1. 2 and paragraph 1. 3 mentioned contact.
§ 7. In the case of administration of the provisions referred to in section 2, authorisation may not be granted, dispensation, approval, etc., if the application can be submitted ;
1) damaged or roasting areas of the natural range of species included in Annex IV (a) to the habitats Directive ; or
2) destroy the plant species included in Annex IV (b) of the habitat Directive in all life stages.
Paragraph 2. The provisions of paragraph 1. 1 whether the species concerned occur within an international nature protection zone or not.
§ 8. The Kystdirectorate may derogate from section 7 if the derogation does not preclude the preservation of the conservation status in its natural range and does not provide any other satisfactory solutions. Deviation can only be carried out in situations in which the application is sought
1) protect wild animals and plants and preserve the natural habitat ;
2) prevent serious injury, especially on crops, crew, forests, fisheries, water and other types of property ;
3) ensure public health and safety or other essential considerations of public interest, including social and economic considerations, and account of significant beneficial effects on the environment, or
4) the promotion of research and training, the restoration of a stock, the regeneration of these species and reared for this purpose, including artificial propagation of plants.
Paragraph 2. Decisions to derogate from paragraph 1. 1 shall be taken by the Kystdirectorate after consultation with the authorities concerned. The Directorate-General must inform the European Commission of deviations from paragraph 1. 1.
§ 9. The Directorate-General may lay down terms of authorisation, dispensation or approval for the maintenance of conservation objectives for international protection and certain species, including on the necessary requirements ; compensatory measures, as mentioned in section 6 (4), 3.
Paragraph 2. The terms referred to in paragraph 1 shall be submerged. 1 so that there is a risk of a negative impact on the international nature protection area in respect of the conservation objectives of the area concerned or the protection of certain species, the Kystdirectorate may announce or prohibit :
1) the infringement shall be terminated,
2) that certain compensatory measures are implemented,
3) the plan or project is amended,
4) all work on the implementation of the project, set.
§ 10. Regardless of the authorisation, dispensation or approval, the decision may be reviewed and, where necessary, be granted or prohibiting if necessary, if necessary, or prohibitions ;
1) new information on the adverse impact of the project on the international nature protection area has been provided ;
2) the project causes damage which could not be foreseen by the authorization, the derogation or the approval of the authorisation ;
3) the project, moreover, goes beyond what has been put into effect by the impact assessment.
§ 11. Complaction of decisions taken under this notice shall be submitted to the Ministry of Transport only if the complaint relates to legal matters.
Paragraph 2. The decisions may be clawed by
1) the addressable address,
2) anyone who has a significant individual interest in the case,
3) national associations and organisations whose principal aims are the protection of nature and the environment ;
4) national associations and organisations, which, after their purpose, provide significant recreational interests when the decision affects such interests,
5) local associations and organisations which have the protection of nature and the environment for the principal purposes ; and
6) Grundejerne Landorganization and the Landsance Society of Fridays.
Paragraph 3. The time limit shall be four weeks from the date on which the decision or decision has been announced. If the decision is publicly announced, the time limit shall, however, always be taken from the date of notice. The Minister for Transport may, however, disregard the deadline, given the circumstances.
Paragraph 4. If the time limit expires on a Saturday or public holiday, the time limit shall be extended to the following daily life.
Paragraph 5. In accordance with paragraph 1, 2, no. 3, 4 and 5 may require that the associations or organisations demonstrate their appeal by submitting statutes or in any other way.
§ 12. Unless higher penalties have been inflited on the other legislation, the penalty shall be punished by fine ;
1) is violating a condition as laid down in Article 9 (1). 1.
2) do not comply with an injunction or prohibition issued pursuant to section 9 (1). Two, and section 10.
§ 13. Companies may be subject to legal liability under the rules of Chapter 5 of the Penal Code.
§ 14. The announcement shall enter into force 5. September 2008.
1) The announcement contains provisions which implement parts of Council Directive no. 79 /409/EEC of 2. April 1979 on the protection of wild birds (the European Bird Protection Directive) (EC Official Journal of 1979). L 103, page 1), as last amended by Council Directive 2006 /105/EC of 20. November 2006 (EU Official Journal, 2006 # L363, page 368), and parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (EC Habitats Directive) (EC Official Journal (EC) No In 206, page 7), as last amended by Council Directive 2006 /105/EC of 20 November 2006 (EU Official Journal of the European Official Journal (EU Official Journal) No L 363, page 368), and the RamsConvention of 2. February 1971 on wetlands of international importance particularly as habitats for water birds, cf. Foreign Ministry announcements no. 26 of 4. April 1978, no. 55 of 11. August 1987 and nr. 109 of 20. October 1994. International protection areas in Denmark, which include the areas of avian protection, habitats and RamsarAreas, are designated in accordance with the law on environmental objectives and so on for aquatic and international nature protection areas (environmental target slop).
