Notice Concerning Obtainment Of Opinion On Environmental Damage, Etc.

Original Language Title: Bekendtgørelse om indhentelse af udtalelse om miljøskade m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117337

Notice concerning obtainment of opinion on environmental damage, etc.

Pursuant to section 73 (f), paragraph 4, and section 80 (1) and (2) of the law on environmental protection, see. lovbekendtgørelse nr. 1757 by 22. December 2006, as amended by Act No. 507 of 17. June 2008, § 38 f, paragraph 4, and section 59 (1) and (2) of the law on contaminated soil, see. lovbekendtgørelse nr. 282 of 22. March 2007, as amended by Act No. 507 of 17. June 2008, § 5 (1) and (2) and § 68 e, paragraph 4, of the law on water supply, etc., see. lovbekendtgørelse nr. 71 of 17. January 2007, as amended by Act No. 507 of 17. June 2008, section 54 f, paragraph 4, and section 63 (1) and (2) of law No. 1572 by 20. December 2006 on the environmental approval, etc. of the livestock sector, as amended by Act No. 507 of 17. June 2008, section 70, paragraphs 1 and 2, and section 77 (e), paragraph 2, of the law on nature protection, see. lovbekendtgørelse nr. 749 of 21. June 2007, as amended by Act No. 507 of 17. June 2008, § 37 f, paragraph 2, and section 48 (1) and (2) of the law on the protection of the outer Cook for tøndermarsken, see. lovbekendtgørelse nr. 792 of 21. June 2007, as amended by Act No. 507 of 17. June 2008, § 60 g, paragraph 4, and section 78 (1) and (2) of the Act on streams, see. lovbekendtgørelse nr. 789 of 21. June 2007, as amended by Act No. 507 of 17. June 2008, and section 33 (g), paragraph 4, and section 38 (1) and (2) of the law on raw materials, see. lovbekendtgørelse nr. 784 of 21. June 2007, as amended by Act No. 507 of 17. June 2008, fixed:

§ 1. Before the Municipal Council or Regional Council decides that a place found the influence of nature or the environment is an environmental damage or an imminent threat of environmental damage, which must be treated according to the rules of environmental damage the law, the competent authority must submit a draft decision to the opinion of the Environment Ministry's relevant environmental center. The draft decision shall include, who is regarded as responsible.

(2). The Environment Centre's opinion is binding on the Municipal Council or Regional Council.

§ 2. Environment centres undertake their power according to the order in the geographical areas set out in annex 1 of the Decree about delegation of powers of the Minister of the environment environmental damage the law for agencies and Environment Ministry's relevant environmental center.

§ 3. The Environment Centre's opinion pursuant to section 1, paragraph 1, may not be subject to appeal in the context of an appeal against a decision in accordance with the environmental damage Act Chapter 2 or 3. The complaint must be filed in accordance with environmental damage § 52.

(2). Paragraph 1 shall apply only to the opinions, after which there is talk about environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage the law.

(3). Environmental Center's opinion pursuant to section 1, paragraph 1, may not be appealed to an agency or Minister.

§ 4. The notice shall enter into force on the 1. July 2008.
The Ministry of the environment, the 26. June 2008 Troels Lund Poulsen/Ole Christiansen