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Law On The Study, Prevention And Remedying Of Environmental Damage (Environmental Damage Act)

Original Language Title: Lov om undersøgelse, forebyggelse og afhjælpning af miljøskader (miljøskadeloven)

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Table of Contents

Chapter 1 Objections, definitions, etc.

Chapter 2 Guarantee

Chapter 3 Preventive and corrective measures, etc.

Chapter 4 Conwarding an environmental damage or an imminent threat of environmental damage

Chapter 5 Supervision

Chapter 6 Administrative provisions

Chapter 7 Coverage of Cost

Chapter 8 Deprecated

Chapter 9 Relationship for general replacement rules

Chapter 10 Applause and lawsuits

Chapter 11 Punishment, etc.

Chapter 12 The entry into force, etc.

Environmental damage assessment and environmental damage control code 1)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Objections, definitions, etc.

§ 1. The law is intended to ensure that the person responsible for environmental damage or an imminent risk of environmental damage is preventable and mitigates the damage or the danger, and shall bear all costs incurred.

§ 2. The law shall apply to an environmental damage or an imminent threat of environmental damage to be processed under this law, according to a decision taken after :

1) the law on environmental protection,

2) the law of polluted soil,

3) the protection of the marine environment,

4) the law on water supply, etc.,

5) the law on the environment and gene technology ;

6) law on nature conservation ;

7) Law on forests,

8) hunting and feral management ;

9) the protection of the outer boils of the Tøndermarsh,

10) the flow of water ;

11) law on raw materials,

12) the law on the environmental authorisation and the use of livestock farming,

13) rules laid down by law on fisheries and fish farming ;

14) rules laid down by law on ports or

15) rules laid down according to the law of coastal protection.

§ 3. The law shall not apply to environmental damage or an imminent risk of environmental damage when more than 30 years have elorated, since the emission or event that led to the damage or the danger has taken place, cf. however, section 48 (3). 3.

§ 4. The law shall not apply to environmental damage or an imminent risk of environmental damage if the damage or hazard has been caused by :

1) diffuse contamination where it is not possible to establish the link between the damage and actions or omissions of the individual pollutants ;

2) war or civil unrest,

3) an activity subject to the Treaty establishing the European Atomic Energy Community or an event or activity, in respect of which the rules of responsibility or replacement fall within the scope of the application of :

a) The Paris Convention of 29. July 1960 on liability to third parties on the territory of the nuclear energy and Brussels (Brussels) Planning Convention of 31. January 1963,

b) The Vienna Convention of 21. In May 1963 on civil liability for nuclear damage,

c) the Convention of 12. September 1997 on supplementary compensation for nuclear damage,

d) the common protocol of 21. September 1988 on the application of the Wieni Convention and the PariConvention or

(e) The Brussels Convention of 17. December 1971 on civil liability for the transport of nuclear material,

4) a natural event of exceptional, inevitable and imprrrous species,

5) activities from oro ships and other ships owned or used by a state to the extent their activities mainly serve defence purposes or international security or solely serve to protect against natural disasters ; or

6) events for which the liability or replacement rules fall within the scope of the application of :

a) the Convention of 27. November 1992 on the liability of private liability for damage to oil pollution,

b) the Convention of 27. November 1992 establishing an international fund for damages of damage to oil pollution,

c) the Convention of 23. March 2001 on civil liability for pollutants caused by bunker oil or

d) the Convention of 3. May 1996 on liability and compensation for damages incurred in the case of the maritime transport of dangerous and harmful substances.

Paragraph 2. Future changes to the Conventions referred to in paragraph 1. 1, no. 3 and 6 shall apply in relation to this law when they are implemented in Danish law.

§ 5. The Act shall comprise an environmental damage and investigation and prevention of an imminent risk of an environmental damage caused by a business activity and in which the decision of a competent authority can be considered to be regarded as : in charge of environmental damage or the imminent threat of environmental damage.

Paragraph 2. Commercial activity means any activity that is carried out in the context of an economic activity, a business or an establishment, whether private or public, and whether it is carried out with or without economic activity ; winnings for an eye.

§ 6. The law does not affect the right to limit its liability, as the person responsible for environmental damage or an imminent threat of environmental damage has, after the Chapter 9 of the law,.

§ 7. For the purposes of environmental damage to protected species or international nature protection areas, this law shall mean an injury resulting in a significant negative impact on the achievement or maintenance of a favourable conservation status for such species and areas. The impact assessment shall be assessed in relation to the state of the previous condition, cf. sections 16 and rules laid down in section 18.

Paragraph 2. The damage caused by a previously identified negative impact on the part of a plan or a project which is expressly approved by an authority according to estimates as required by Article 6 (1). Article 6 (3) or Article 16 of the Council Directive on the conservation of natural habitats and wild animals and plants or Article 9 of the Council Directive on the protection of wild birds is considered to be an environmental damage to protected species or international nature protection areas.

Paragraph 3. Damage to a protected species that has been caused by an emission or event which takes place after the first one. July 2008, when it comes from a particular activity that has taken place prior to the entry of the species onto the list of protected species, cf. the designation and administration of the international nature protection areas and the protection of certain species shall not be considered to be an environmental damage to protected species or international nature protection areas.

Paragraph 4. Damage to an international nature protection area that has been caused by an emission or event which occurs after the 1. July 2008, when the effects of a particular activity which have taken place prior to the area's designation pursuant to the environmental target slop shall be considered to be an environmental damage to protected species or international nature protection areas.

§ 8. For environmental damage to the aquatic environment, this law shall mean an injury resulting in a significant negative impact on the ecological, chemical or quantitative status or the ecological potential of aquatic deposits covered by the environmental target slop.

Paragraph 2. Damage to the aquatic environment caused by changes in the physical shape of a surface water area or change in the level of the groundwater body and damage to the aquatic environment, resulting in the loss of the deterioration of the deterioration of surface water bodies ; Good condition is not covered by the law to the extent that the entry of these injuries is a consequence of changes and activities carried out or carried out in accordance with Article 17 (1) of the environmental protection limit. One or two.

§ 9. For the purposes of environmental damage to soil, this law means soil pollution resulting from direct or indirect supply of substances, organisms or micro-organisms to soil or subsoil, resulting in a significant risk of human being ; health is adversely affected.

§ 10. For the purposes of this Act, a measurable degradation of a natural resource or of a natural resource's utilisation, which has been directly or indirectly, has been impaided.

§ 11. In the case of an imminent threat of environmental damage, this law means that there is a sufficient probability that an environmental damage will be taken in the near future.

§ 12. For the purpose of the person responsible for the purposes of this Act, the address of an Administrative Decision shall be subject to section 2.

§ 13. Preventive measures shall mean this law of measures taken when an event, action or omission, has led to an imminent threat of environmental damage, in order to prevent or minimise the injury.

§ 14. In the case of remedial measures to environmental damage to the aquatic environment or protected species and international nature protection areas, this Act shall mean any measure or combination of measures, including mitigating or provisional measures ; measures which serve to restore, restore or replace damaged natural resources or utilisation or provide similar alternatives to these natural resources or utilisation.

Paragraph 2. In the case of remedial measures to the environmental damage of soil, this law shall mean the removal of a observed contamination and the restoration of the state or equivalent remedial measures.

Paragraph 3. The Minister for the Environment lays down rules on the subject of environmental damage covered by paragraph 1. 1 must be remedied.

§ 15. For the purposes of natural resources, this law is understood to be protected species and international nature protection areas, water deposits as covered by environmental target slots and soil.

Paragraph 2. By means of a natural resource's utilization, a natural resource functions are understood to benefit from another natural resource or to the public.

Paragraph 3. For protected species and international natural protection areas, any species covered by the notice of the designation and administration of international nature protection areas and the protection of certain species, and international, areas of natural protection designated as a result of the environmental target slop.

§ 16. For the purposes of this law, this law shall be understood as the condition of natural resources and their exploiters at the time of injury.

§ 17. For the recovery, including natural recovery of damage to protected species and international natural protection areas and on the aquatic environment, this law shall be the back-end of damaged natural resources or utilisation options for their former mode.

§ 18. The Environment Minister shall lay down rules on the conditions and criteria to be taken into account in the decision that an environmental damage or an imminent threat of environmental damage is present.

Chapter 2

Guarantee

§ 19. The person responsible for environmental damage or an imminent risk of environmental damage must make it possible to ensure that the environment is to be safely met by the Minister for the Environment, for its fulfilment of its obligations. The security shall cover the environmental minister ' s expenditure on proceedings and for the enforcement of obligations pursuant to section 33 (5). 2, and section 35.

Paragraph 2. The Environment Minister shall fix the security of the security shall be determined and other terms applicable to the security.

Paragraph 3. The Environment Minister shall lay down rules on the security, including the distribution of the obligation to provide security when there are several persons responsible for environmental damage, the calculation and subsequent adjustment of the size of the security-store ; the release of the security.

Chapter 3

Preventive and corrective measures, etc.

20. The Minister for the Environment must provide the competent authority to provide the information and carry out the examinations and so on which are relevant to the assessment of the impact of environmental damage or an imminent threat to environmental damage to the environment or to be prevented. The responsible person may, in particular, be able to carry out sampling, analysis and measurement of substances, etc. and other studies in order to clarify

1) the reasons and the effects of environmental damage or an imminent threat to environmental damage ;

2) the nature and extent of an environment ; and

3) changes in the scope and nature of environmental damage or an imminent risk of an environmental damage reported after Section 28.

§ 21. If information is obtained, which was not available at the time of the decision, that the matter should be dealt with in accordance with this law and which show that environmental damage or an imminent threat to environmental damage is unlikely to cause any damage to the environment ; by the addressee of the Authority ' s decision, the Environment Minister shall forward the new information to the authority which has taken the decision, cf. Article 2, in order to ensure that the matter again is dealt with in accordance with the rules laid down in the legislation to which an environmental injury or an imminent threat of environmental damage is present is taken after.

Paragraph 2. Where, in the case of the proceedings, the proceedings are not covered by Article 19, the matter shall be dealt with in accordance with the rules laid down in the legislation to which an environmental injury or an imminent threat to environmental harm is present is taken ; After. If security can only be provided for a part of the costs, the remainder of the matter shall be dealt with in accordance with these rules.

§ 22. The Minister for the Environment, Public Health and Consumer Protection may take the necessary preventive measures in connection with an imminent risk of environmental damage or practicable measures designed to limit or prevent further environmental damage.

Paragraph 2. The tender must include requirements to eliminate any identified contamination or other adverse effects on natural resources and to restore the state or the corresponding remedial measures, to the extent of which it may be ; notified under the law, after which a decision was taken that pollution or other adverse effects contained an imminent danger of environmental damage.

Paragraph 3. The prohibition may not include the measures and measures taken by the defence minister under the protection of the marine environment.

-23. The Minister for the Environment must provide the responsible person to remedy environmental damage to protected species or international natural protection areas or on the aquatic environment in accordance with rules laid down in section 14, stk.3.

Paragraph 2. The Minister for the Environment must provide the person responsible for remedating environmental damage on soil by removing the risk of contamination and re-establishing the current state or taking appropriate correctional measures.

Paragraph 3. Opens in accordance with paragraph 1. 1 may not include the measures and measures taken by the defence minister under the protection of the marine environment.

§ 24. Where there are more environmental damage in such a way that remedial measures after paragraph 23 cannot be implemented at the same time, the Environment Minister shall determine the environmental damage to be remedied first taking into account environmental damage, propagation and seriousness, potential for natural recovery and the risk of human health.

§ 25. Opens in accordance with sections 20, 22 and 23 may be communicated, regardless of whether the person responsible is available to the property in which an environmental hazard or an imminent threat of environmental damage is incurred. The provision should be made for recovery of the property.

Paragraph 2. If the person responsible is not available to the property, the Environment Minister may inform the person who has the premises, to the effect that studies and preventive and remedial measures are carried out by the person responsible for the environmental damage. or the imminent threat of environmental damage.

Paragraph 3. When other than this law has caused damage to other man's property, the owner or user may make claim claims against the Minister for the Environment when no agreement can be reached, the replacement shall be fixed or when the claims provider may not cover the claim requirement and the environment minister shall enter the victim's claim against the claims that caused the injury.

Paragraph 4. Compensatcation after paragraph 1. 3 and the damage done to the damage caused by the environment minister ' s execution of measures under this law shall be carried out in the absence of an agreement of the tariff authorities established by the law on public roads. Section 51-56 and 58 a-66 in the law of public roads shall apply by analoging, however, the Minister for the Environment, which is the subject of the tasks which have been assigned to the road board under the law of public roads.

SECTION 26. If an environmental injury or an imminent threat of environmental damage may be attributiable to several persons, may be inapplicable after sections 20, 22 and 23 be communicated to them all. The tender to the individual responsible shall be determined taking into account the proportion of the total damage or injury to the person responsible for the damage to which the person concerned is responsible. If it is not possible to assess the respective shares of responsibility for the damage or the hazard of the damage, the Minister must, in the tenders, make it clear that equal shares of responsibility for the damage or harm, including those parts, of the damage caused by the damage caused by the damage caused by the damage caused by the damage caused by the damage caused by the Commission should be assessed may not be attribuable to one or more responsible persons to be executed to those responsible.

Paragraph 2. It shall not be possible to be notified to a responsible person if it is assumed that only an insignificant proportion of the liability may be attributable to the person concerned.

Paragraph 3. If those responsible for notification of paragraph shall be made pursuant to paragraph 1. 1, unable to agree to comply with the tenders, may a new opening of investigations or preventive or remedial measures shall be communicated to the responsible person who may be presumption to have caused the greatest proportion of the injury ; or the risk of injury.

Paragraph 4. If the Minister for the Environment has invited to ensure that equal shares of responsibility for damage or harm are to be carried out to those responsible, and if those responsible cannot agree to comply with the tenders, the opening of investigations may be carried out ; or preventive or remedial measures shall be communicated to the person responsible or the responsible person who has the properties of the person concerned or the persons concerned. If no person is responsible for the property or property concerned, such an injunction may be directed at the person responsible or the person who has recently been available to the property concerned. In the event that neither of those responsible has or has been available by the property concerned, the tender may be communicated to any of the responsible parties.

Paragraph 5. The obligation to apply injuns in accordance with paragraph 1. 3 or 4 may require expenses covered by the other responsible, to the extent to which the cost of discharges may be attributable to their share of the damage and to the other responsible parties, or may be addressed to an injunction in accordance with this law.

§ 27. The Minister for the Environment, Public Health and Consumer Protection shall allow information to be provided on the premises or assets affected by environmental damage or an imminent threat to environmental damage, to the price of the contract to the address of the contract, cf. however, paragraph 1 3.

Paragraph 2. Information about the prepastled or announced injunction as referred to in section 25 (3). Two, things don't go.

Paragraph 3. If an injunction, which is held in detention, shall not be discharged, the environmental minister shall hold the tingly-fee.

Paragraph 4. The Minister for the Environment, Public Health and Consumer Protection, shall leave information on the pretented or notified injunction when the claim has been complied with.

Chapter 4

Conwarding an environmental damage or an imminent threat of environmental damage

§ 28. The person responsible shall immediately inform the Environment Minister of all relevant aspects of the situation if an already aggravated environmental damage or an imminent risk of environmental damage is increased or develops to environmental damage.

§ 29. The person responsible must, in the event of an already injured environmental injury or an imminent threat to environmental damage be increased or develop into environmental damage, any practicable or necessary implementation of any kind shall immediately take place ; preventive measures to prevent or limit the deterioration or increase.

Paragraph 2. In the case of the control of oil and chemical pollution, section 34, cf. § 47 f, and § 35, cf. Section 47 g, in the case of protection of the marine environment,

-$30. Signature of section 28 does not imply a limitation on the duty of responsibility to seek the effects of environmental damage, including the deterioration of the damage, effectively averted or the risk of an environmental damage.

Chapter 5

Supervision

§ 31. The Environment Minister shall ensure that the law and the rules laid down in accordance with the law are complied with and that decisions are complied with.

§ 32. The Minister for the Environment, Public Health and Consumer Policy must be subject to legal conditions, unless the relationship is of subordinate importance.

§ 33. In the situations referred to in Section 32, the Environment Minister must inform the person responsible that the illicit relationship must be brought to an end.

Paragraph 2. The Minister for the Environment may allow the necessary measures to be taken in accordance with Chapter 3 for the receipt of the contract at the time of expiry of the time limit set.

Paragraph 3. The decisions of the Minister for the Environment, 1 and 2 may not be brought to the second administrative authority.

§ 34. The Minister for the Environment or, as authorized by the Environment, shall, where deemed necessary be deemed necessary at any time, without a court order, access to public and private properties, premises and means of transport to supervise or to carry out inspections ; carry out other tasks under this law or rules issued under this law, including access to photographing, copying or including documents and other objects without remuneration. Receipt for items taken must be provided.

Paragraph 2. The police shall provide the authorities and persons authorized to do so by the competent authorities in the exercise of the powers under paragraph 1. The Minister for the Environment, Minister, may lay down rules on this subject after debate.

Paragraph 3. Surveys and surveillance of properties, premises and facilities and means of transport operators and staff shall provide the Environment Minister, where necessary, guidance and assistance.

$35. In cases where Section 10 of the rule of law in the operation of the administration of forced intervention and the obligation to provide information shall be applicable, the Minister for the Environment may carry out any necessary studies on the account for the lighting of conditions which it is responsible for ; otherwise responsible are or may be required to provide information on.

Chapter 6

Administrative provisions

§ 36. The right of appeal shall be entitled to request from the Environment Minister to take measures in accordance with Chapters 3 and 5.

Paragraph 2. The request shall be accompanied by relevant information in support of the request for measures relating to environmental damage or an imminent risk of environmental damage. § 55, paragraph 1. 3, shall apply mutatis mutis.

§ 37. Before a decision is taken in accordance with this law, the addressee shall be informed in writing of the case and shall be made aware of its access to public access to documents. The address must, in the same connection, be encouraged to contribute information that can clarify the costs, advantages and disadvantages of the decision.

Paragraph 2. Notify by paragraph 1 may be omitted if an immediate decision is necessary or a notification may be considered to be unnecessary, cf. However, section 38.

§ 38. Before the Environment Minister takes a decision after paragraph 23, the Minister shall notify the complaints, cf. in writing. section 55, on the draft decision and the right to comment on the draft decision, within four weeks of the notification. The Minister may, in exceptional cases, derogate from the deadline in 1. Act. When public announcement is taking place, cf. paragraph However, the deadline is always counted as from the date of the announcement. If the deadline expires on a Saturday, a holiday, a Wednesday, a Christmas Day or a New Year's Day or New Year's Day, the time limit shall be extended to the following daily life.

Paragraph 2. Draft decisions must be notified only to the associations and organisations referred to in section 55 (5). 1, no. 3 to 6, when they have requested the Minister for the Environment to receive notification of such decisions, cf. § 42.

Paragraph 3. Signature of the persons referred to in section 55 (1). 1, no. 2, may take place on public advertising.

§ 39. Decisions pursuant to this law shall be communicated in writing to the addressee. Any decision to be clawed must also be notified to the complainable persons, organisations and authorities, in accordance with the meaning of the said authorities. § 55.

Paragraph 2. Decisions must be notified only to the associations and organisations referred to in section 55 (5). 1, no. 3 to 6, when they have requested the Minister for the Environment to be subject to notification of decisions, cf. § 42.

Paragraph 3. Notify to the persons referred to in section 55 (5). 1, no. 2, may take place on public advertising.

§ 40. In accordance with Chapter 3, a time limit shall be provided for when the decision should be complied with. However, where special conditions exist, it may be determined that the bullesing must be complied with immediately.

§ 41. The Minister for the Environment, Public Health and Consumer Policy may lay down rules on advertising under section 38 and 39

§ 42. Local associations and organisations, which have the protection of the environment and nature as a main purpose, can communicate to the Environment Minister what certain types of decisions after the Association of Law Association wishes to notify the environment, cf. § 39, paragraph. The first of all must, at the same time, send statutes that document that it is locally organised and that its main aim is to protect nature and the environment. The same applies to local associations and organisations which, after their purpose, provide significant recreational interests where the decisions affect such interests.

Paragraph 2. National associations and organisations which, in accordance with their statutes, have the protection of nature and the environment as a principal, can communicate to the Environment Minister what certain types of decisions after the association of the Union or the organisation are seeking to notify the environment ; cf. § 39, paragraph. The same applies to national associations and organisations which, in accordance with their statutes, are intended to carry out significant recreational interests where the decisions affect such interests.

Paragraph 3. Local departments of national associations and organisations are not covered by paragraph 1. I and 2.

§ 43. The Minister for the Environment, Public Health and Consumer Protection may, in the name of the Ministry, set up the State or Government, in consultation with the other State authorities, to exercise the powers granted to the minister in this law.

Paragraph 2. The Environment Minister may lay down rules on access to decisions taken under the authority of paragraph 1. 1 and 4, including that decisions must not be complained.

Paragraph 3. The Minister for the Environment may, in the course of negotiations with the person concerned, lay down rules on the exercise of powers which a different state authority is empowered to carry out in accordance with paragraph 1. 1.

Paragraph 4. The Minister for the Environment, Public Health and Consumer Protection may be able to exercise the powers conferred on this law to the Minister for the Environment, Public Health and Consumer Affairs.

Paragraph 5. The Environment Minister may lay down rules on the treatment of the measures referred to in paragraph 1 4 mentioned cases.

§ 44. The Environment Minister may decide that the local authority and the regional council shall provide information for the purpose of the evaluation of matters covered by this law within the territory of the individual municipality or region.

Paragraph 2. Decisions pursuant to paragraph 1. 1 may be determined that the information is to be given in a given form.

Paragraph 3. The Environment Minister may lay down rules on the obligations of the municipality and regional Council obligations to provide information for the assessment of conditions covered by this law within the territory of the individual municipality or region, and that : the information shall be given in a given form.

Paragraph 4. The decisions of the Minister for the Environment, The first paragraph shall be fixed in accordance with paragraph 1. 3 may not be brought to the second administrative authority.

§ 45. The Environment Minister may lay down rules on the obligations of responsibility to provide information on measures under the law.

Paragraph 2. In accordance with paragraph 1, 1 may be determined that the information must be given in a given form and that decisions taken in accordance with the rules cannot be brought to the second administrative authority.

Chapter 7

Coverage of Cost

§ 46. The person responsible for environmental damage or an imminent threat to environmental damage shall cover the costs of the administration and supervision of the environment minister under the law of the law in accordance with the law in Chapter 2 to 6.

Paragraph 2. The Minister for the Environment may lay down rules for payment to cover the costs associated with the minister ' s administration and supervision in accordance with paragraph 1. 1.

Paragraph 3. The Environment Minister may lay down detailed rules for the payment of interest by a failure or to late payment of the costs referred to in paragraph 1. 1. The interest rate occurs from the due day and the interest rate with a monthly interest rate of 1,3%. for each starting month from 1. in the month in which the costs are to be paid, but at least 50 kr.

§ 47. The constant recovery authority may recover claims after section 46 of the exchange and at the retention of pay etc. in accordance with the rules for the recovery of personal taxes in the source tax law.

Paragraph 2. The recovery authority may comply with the requirements laid down in paragraph 1. 1 on the levying of taxes and levies, etc.

Chapter 8

Deprecated

§ 48. Requirements to cover expenditure, cf. Section 33 (4). 2. 5 years from the date on which the measures have been completed or where the person responsible for the emission or event which has caused environmental damage or induced an imminent threat to environmental damage has been completed ; Identified. The latest of these dates is added to reason.

Paragraph 2. Paragraph 1 shall also apply to the obligation to cover a competent authority ' s expenditure by means of other legislation when such measures may have been applied in accordance with Chapter 3 of the law or covered by Section 47 f or section 47 g of the law ; protection of the marine environment.

Paragraph 3. Requirements referred to in paragraph 1. 1 and 2 shall be obsolete no later than 30 years after the emission or event that led to environmental damage or an imminent threat to environmental damage, unless the rules of general rule of limitation impair that the limitation of the limitation shall not be included in a later date ; Time.

Chapter 9

Relationship for general replacement rules

§ 49. The law does not restrict the environmental authorities ' access to compensation by general rules for compensation in or out of contract or under rules laid down in or under other legislation.

Chapter 10

Applause and lawsuits

$50. Except as otherwise provided by the law, decisions of the law may be subject to appeal to the Board of the Environment Board or of the Natural Board, depending on which name the appeal body of the decision on the existence of an environmental damage or an imminent danger to one ; environmental damage covered by this law.

§ 51. A complaint against a porifice or a decision on security has an adverse effect on the part of the Commission. However, the Environment Minister or the complainine may provide that complaints of the injunction or decisions on securities must not be taken into effect when special reasons are specified.

§ 52. It shall be submitted in writing to the Minister for the Environment, which shall forward it to the appropriate Board of Appeal, accompanied by the decision taken and the material entered into by the judgment.

Paragraph 2. The time limit shall be four weeks from the date on which the decision has been announced. When public announcement is taking place, cf. § 39, paragraph. However, the time limit shall be calculated from the date of the announcement. If the time limit expires on a Saturday, a holiday, a Wednesday, a Christmas Day or a New Year's Day or New Year's Day, the time limit shall be extended to the following weekday.

§ 53. The Committee on the Environment, Public Health and Food for the Committee on the Environment, Public Health and Consumer Protection, Section 104 (2) The provisions of Amendments Nos 1 and 2 and sections 105, 106 and 109 in the area of environmental protection equivalent shall apply.

Paragraph 2. The Environment Minister may lay down detailed rules on the composition and processing of the environment by the Committee on the Environment, Public Health and Consumer Policy in the processing of matters under this law.

§ 54. The Chairman of the Natural Board of Natural Board may, on behalf of the Board, take a decision on complaints which are deemed not to contain any material interest in relation to the law.

§ 55. Decisions of the Minister for the Environment may be clawed by

1) the address of the decision,

2) anyone who has an individual, significant interest in the outcome of the case,

3) national associations and organisations which, according to their statutes, have the protection of nature and the environment as a main purpose ;

4) national associations and organisations which, in accordance with their statutes, are intended to carry out significant recreational interests where the decision affects such interests,

5) local associations and organisations which have the protection of nature and the environment as a principal objective,

6) local associations and organisations which, after their purpose, provide significant recreational interests when the decision affects such interests, and

7) the authorities concerned.

Paragraph 2. Local departments of national associations or organisations are not covered by paragraph 1. 1, no. 3 and 4.

Paragraph 3. In accordance with paragraph 1, 1, no. In the case of 3 to 6, the Board of State may require associations or organizations to submit statutes or in any other manner substantiates the appeal.

§ 56. The search for examination of decisions by the law or the rules that have been issued under the law shall be established within 12 months of the notification. However, the decision has been publicly announced, the time limit shall be set at the time of the announcement date.

Chapter 11

Punishment, etc.

§ 57. Unless higher penalties have been inflited on the other legislation, the penalty shall be punished by fine ;

1) omits to comply with decisions of the law,

2) fails to notify in section 28,

3) emits false or misleading information after paragraph 28,

4) fails to take measures after Article 29 or

5) counteracts access to a property, a location, or means of transport in violation of section 34.

Paragraph 2. The sentence may rise to a maximum sentence of 2 years if the infringement has been committed intentionally or in the case of gross negligence and if there is a breach of the infringement proceedings ;

1) damage to nature or the environment or referred to as imminent danger, or

2) obtained or intended for the economic benefit of the person concerned itself or others, including in the case of savings.

Paragraph 3. Paragraph 2 shall not apply to infringements committed by foreign ships, unless the offence has been committed in the territory of the internal territorial waters. For offences committed by foreign ships in the outer territorial waters, the sentence may rise to prison up to two years if deliberate and serious pollution of the marine environment is intentional and serious.

Paragraph 4. In rules to be laid down in sections 44 and 45, the penalty shall be imposed on penalties. It may also be laid down that the sentence may rise to a maximum sentence of 2 years under the same conditions as set out in paragraph 1. 2.

Paragraph 5. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

§ 58. The search for infringement of the provisions of this Act may be carried out in accordance with the rules of law on search in cases which may lead to prison sentences.

Chapter 12

The entry into force, etc.

$59. The law shall enter into force on 1. July 2008, cf. however, paragraph 1 2.

Paragraph 2. The Minister for the Environment, the Minister for Economic Affairs and Industry, establishes the time of the entry into force of section 4 (4). 1, no. 6 (c) and (d).

§ 60. The law shall apply to environmental damage or an imminent danger of an environmental damage caused by an emission or event which takes place after the first one. July 2008, cf. however, paragraph 1 2.

Paragraph 2. The law shall not apply to an environmental injury or an imminent risk of an environmental damage caused by an emission or event which takes place after the first one. July 2008, when it comes from a particular activity that took place and was completed before this date.

§ 61. The law does not apply to the Faroe Islands and Greenland, but can, in whole or in part, be put into force for the Faeroe Islands and Greenland, with the discrepancies that are attributed to the special ferry and Greenlandic conditions.

Givet at Christiansborg Castle, the 171. June 2008 MARGRETHE R / Troels Lund Poulsen
Official notes

1) The law provides for the implementation of parts of Directive 2004 /35/EC of the European Parliament and of the Council of 21. April 2004 on environmental liability in the field of prevention and mitigation of environmental damage (Community Official Journal 2004) In 143, page 56, as amended by Directive 2006 /21/EC of the European Parliament and of the Council of 15. This March 2006 on the management of waste from the mining industry and amending Directive 2004 /35/EC (EU Official Journal of the European Official Journal (EU Official Journal). L 102, page 15).