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Notice of administration of international nature conservation areas and the protection of certain species as far as plants and expansion of ports and coastal protection measures as well as the establishment and expansion of certain plants on territorial waters 1)
Under section 1, paragraph 2, and article 20, paragraphs 2 and 3, of the law on coastal protection, see. lovbekendtgørelse nr. 243 by 5. April 1994, as amended by Act No. 311 of 19. April 2006 and law No. 548 of 6. June 2007, as well as paragraph 1 (a) and section 18 (2) and (3) of law No. 326 of 28. May 1999 on ports, as amended by Act No. 1221 of 27. December 2003 and law No. 548 of 6. June 2007 shall be determined under the authority:
§ 1. This notice must be used for the exercise of the powers conferred by the law on coastal protection and law on ports assigned to the Transport Minister and as if by Decree No. 427 of 9. May 2007 is left to the Coast Directorate.
§ 2. The following cases after coastal protection act are subject to section 3:
1) section 16, paragraph 1, concerning the authorization for execution of coastal protection measures and fixed installations, as also established in territorial waters, and to dig, drill, pump, suction and make any kind of terrain modification on Beach Shores and other coastal areas.
2) section 16 (a), paragraph 1, on the administration of State sovereignty over territorial waters as far as the decision on the following measures, etc., which are not established in accordance with other legislation:
a) Containment and replenishment.
(b) the establishment of fixed installations) and placement of fixed or embedded devices or objects.
c) placing of vessels, which are intended to be used for anything other than sailing.
d) Deepening or digging.
3) section 17 (4), laying down the conditions for the use of fast ferries and modification of these terms.
(2). The following cases after the law on ports covered by section 3:
1) § 2 of facilities and expansion of a port.
2) section 4 of the refurbishment of a port development works, etc.
3) section 15, paragraphs 1 and 2, fixing the General conduct and individual ordinal regulations for ports.
4) section 21, paragraph 5, on the grant of a derogation to individual transports of goods, etc.
§ 3. Before a decision is taken pursuant to the provisions referred to in section 2, provides for an assessment of whether the project in itself, or in conjunction with other projects, including previously completed projects, substantially can affect an international nature conservation area or certain species that are appointed pursuant to the law on environmental objectives, etc. for water bodies and international nature protection areas (environmental target practice law).
(2). Any plan or project not directly connected with or necessary for international nature conservation area management, the scope of requirements for assessment in accordance with paragraph 1.
§ 4. If Coastal Directorate will assess, in consultation with other relevant public authorities, the project can affect an international nature conservation area significantly, must be carried out an impact assessment of the project's impact on the international nature protection area, having regard to the conservation objectives for the area concerned
(2). It is the responsibility of the applicant to draw up impact assessment and for the cost to do so.
(3). Impact assessment will be sent in consultation with the relevant public authorities and, after their request for nationwide associations and organizations whose main purpose is the protection of nature and the environment or the safeguarding of recreational interests.
(4). Coastal Directorate sets out the deadline for the submission of comments with regard to the impact assessment by the parties referred to in paragraph 3, which shall be at least 4 weeks.
(5). If it is deemed necessary, the matter before a decision is taken pursuant to the provisions referred to in § 2, also sent for public consultation.
§ 5. If the impact assessment does not demonstrate that the project can be carried out without harming the international nature protection area, having regard to the conservation objectives for the area in question, there is no authorization, waiver or approval to the candidate.
(2). Impact assessment, consultation response from the relevant public authorities and national associations and organizations whose main purpose is the protection of nature and the environment, as well as comments received after any public consultation must be indicated in the decision.
§ 6. Coastal Directorate may derogate from the provisions of § 5 (1), when there are imperative reasons of overriding public interest, including those of a social or economic nature, if there is no alternative solution.
(2). In relation to international nature conservation areas, which contain priority natural habitat types and/or animal or plant species, as set out in the annex to the Ministry of the environment Decree on designation and administration of international nature conservation areas and the protection of certain species, the derogation referred to in paragraph 1 may be made only when there are imperative reasons of human health and public safety or significant beneficial effects on the environment, or, after obtaining the opinion of the European Commission , other imperative reasons of overriding public interest.
(3). Decision on the derogation under paragraph 1 assumes that compensatory measures necessary are taken to ensure that the coherence of the international nature protection area is preserved. The European Commission shall be informed of the compensatory measures taken.
(4). Decision on the derogation referred to in paragraph 2 shall be taken by the Coastal Directorate after consultation with the concerned authorities and presupposes the adoption of compensatory measures necessary to ensure the coherence of the international nature protection area is preserved.
(5). Coastal Directorate conducts referred to in paragraph 2 and paragraph 3 referred to the contact.
§ 7. When administering the provisions referred to in paragraph 2 may not be given permission, waiver, approval, etc., if it applied can
1) damaging or destroying breeding sites or resting places of the natural range of the species listed in the habitats directive annex IV (a)), or
2) destroy the plant species that are included in the habitats directive annex IV (b)) in all stages of life.
(2). The provisions of paragraph 1 shall apply irrespective of whether the concerned species occurring within an international nature conservation area or not.
§ 8. Coastal Directorate may derogate from section 7, if the derogation is not detrimental to the conservation status of the stocks in question to be maintained in its natural range and there are no other satisfactory solutions. Exceptions may be made only in those situations where the mark applied for is intended to
1) protect wild fauna and flora and conserving natural habitats,
2) prevent serious damage, in particular to crops, livestock, forests, fisheries, water and other forms of property,
3) ensure respect for public health and safety or for other imperative reasons of overriding public interest, including the social and economic nature, and terms of significant beneficial effects on the environment, or
4) promote research and teaching, the recovery of a stock, discarding of these species and breeding for this purpose, including the artificial propagation of plants.
(2). Decision to derogate from the provisions of paragraph 1 shall be taken by the Coastal Directorate after consultation with the concerned authorities. Coastal Directorate shall inform the European Commission about derogations – in accordance with paragraph 1.
§ 9. Coastal Directorate can establish conditions in the permit, exemption or approval with a view to maintaining conservation objectives for international nature conservation areas and the protection of certain species, including on the necessary compensatory measures, as referred to in article 6, paragraph 3.
(2). Of any breach of the terms, as referred to in paragraph 1, so that there will be a risk of negative impact of the international nature protection area, having regard to the conservation objectives for the area concerned or the protection of certain species, Coastal Directorate announce injunction or prohibition on
1) the infringement is brought to an end
2) implemented certain compensatory measures
3) plan or project changes,
4) all work relating to the implementation of the project, must be set.
§ 10. Regardless of that authorization is granted, a waiver or approval, the decision can be taken up for reconsideration and, where necessary, shall be communicated to the injunction or prohibition, if
1) obtained new information about the project's adverse effect on the international nature protection area,
2) project resulted in damage effects, which could not be foreseen by the authorization, confidentiality or approval notice
3) project in fact goes beyond it, which was taken into account when the impact assessment.
§ 11. Complaints against decisions taken pursuant to this order, can only be brought before the Ministry of Transport, if the complaint concerns the legal issues.
(2). Decisions can be appealed by
1) the addressee of the decision
2) any person who has a substantial interest in the matter, individual,
3) nationwide associations and organizations whose main purpose is the protection of nature and the environment
4) nationwide associations and organisations which, by their purpose carries significant recreational interests, when decision affects such interests,
5) local associations and organizations that have the protection of nature and the environment as its main purpose, and
6) Reasons jernes landsorganisation and vacation home owners ' National Association.
(3). Complaint deadline is 4 weeks from the date of the decision or the decision is announced. The decision is publicly announced, however, always from the date the complaint is considered the deadline for notice. Secretary of State cannot, however, ignore the deadline, when circumstances speak therefore.
(4). If the appeal period expires on a Saturday or holiday, the deadline to appeal is extended on the following working day.
(5). At the complaint in accordance with paragraph 2, nr. 3, 4 and 5 can transport demand that associations or organizations documenting their complaint eligibility by submitting articles of association or in any other way.
§ 12. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the
1) violates any conditions laid down pursuant to section 9, paragraph 1.
2) fails to comply with an injunction or prohibition issued under section 9 (2) and § 10.
§ 13. That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.
§ 14. The notice comes into force 5. September 2008.
Coastal Directorate, the 2. September 2008 Jesper Holt Jensen/Winnie Vestergård Official notes 1) Ordinance contains provisions that implement elements of Council Directive No. 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive) (EC – Official Journal 1979 No. L 103, page 1), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L363, page 368), and parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC – the habitat directive) (Official Journal 1992 nr. L 206, p. 7), as last amended by Council Directive 2006/105/EC of 20 november 2006 (Official Journal of the European Union 2006 nr. L 363, page 368) and the Ramsar Convention of 2. February 1971 on Wetlands of international importance especially as Waterfowl Habitat, see. Notices of the Ministry of Foreign Affairs No. 26 of 4. April 1978, nr. 55 of 11. August 1987 and nr. 109 of 20. October 1994. International protection areas in Denmark, which includes bird protection areas, habitat areas and Ramsar sites, designated pursuant to the law on environmental objectives, etc. for water bodies and international nature protection areas (environmental target practice law).
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