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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117420

Overview (table of contents) Chapter 1 Purpose, definitions, etc.

Chapter 2 Guarantee

Chapter 3 Orders of preventive and remedial measures, etc.

Chapter 4 aggravation of an environmental damage or increase of an imminent threat of environmental damage

Chapter 5 Monitoring

Chapter 6 Administrative provisions

Chapter 7 recovery of costs

Chapter 8 Obsolescence

Chapter 9 the relationship with General liability rules

Chapter 10 Complaints and litigation

Chapter 11 Penalty, etc.

Chapter 12 entry into force, etc., The full text of the law on the study, prevention and remedying of environmental damage (environmental damage Act) 1)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

Chapter 1

Purpose, definitions, etc.

§ 1. The law aims to ensure that the person responsible for the environmental damage or an imminent threat of environmental damage prevents and eliminates the damage or danger and shall assume all the costs to do so.

§ 2. The law applies to environmental damage or an imminent threat of environmental damage, which must be treated by that law, according to a decision taken after





1) law on the protection of the environment,

2) law on contaminated soils,

3) law on the protection of the marine environment,

4 the law on water supply, etc.),

5) law on environmental and genetic engineering,

6) law on nature protection,

7) law on forests,

8) law on hunting and wildlife management,

9) law on the protection of the outer Cook for tøndermarsken,

10) law on watercourses,

11) law on raw materials,

12) law on environmental approval of livestock farming, etc.

13) rules adopted in accordance with the law on fishing and fish farming,

14) rules adopted in accordance with the law on ports or

15) rules adopted in accordance with the law on coastal protection.





§ 3. The law does not apply to environmental damage or an imminent threat of environmental damage when there is progress more than 30 years, since the emission or event that led to the damage or danger, have taken place, see. However, section 48, paragraph 3.

§ 4. The law does not apply to environmental damage or an imminent threat of environmental damage if the damage or danger is caused by





1) diffuse pollution where it is not possible to establish the link between the damage and the individual acts or omissions, forureners

2) war or civil unrest,

3) an activity covered by the Treaty establishing the European Atomic Energy Community or an event or activity for which the rules on liability or compensation falls within the scope of





(a) the Paris Convention of 29 July). July 1960 on third party liability in the nuclear energy field and the Brussels Supplementary Convention of 31. January 1963,

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

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

(d)) the Joint Protocol of 21. September 1988 on the application of the Vienna Convention and the Paris Convention, or

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





4) a natural phenomenon of exceptional, inevitable and irresistible character,

5) activities from naval ships and other ships owned or operated by a State, to the extent that their activities mainly serves defense purposes or international security or exclusively serves to protect against natural disasters, or

6) events for which the rules on liability or compensation falls within the scope of





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

(b)) the Convention of 27. November 1992 on the establishment of an international fund for compensation for oil pollution damage,

c) Convention of 23. March 2001 on civil liability for pollution damage caused by the bunkers of oil or

d) Convention of 3. May 1996 on liability and compensation for damage in connection with the carriage of hazardous and noxious substances.









(2). Future amendments of the conventions referred to in paragraph 1, no. 3 and 6, shall apply in relation to this law, once they have been transposed into Danish law.

§ 5. The law includes the study and mitigation of environmental damage and the study of and prevention by an imminent threat of environmental damage, which is caused by an occupational activity, and where of a regulatory decision is clear who can be deemed responsible for the environmental damage or imminent threat of environmental damage.

(2). By economic activity for the purposes of this Act any activity carried out in the context of an economic activity, a business or an undertaking, regardless of whether it is private or public, and regardless of whether it is carried out with or without financial profit in mind.

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

§ 7. By environmental damage to protected species or international nature protection areas for the purposes of this Act, an injury that would result in a significant negative impact on the achievement or maintenance of a favourable conservation status of such species and areas. The impact is assessed in relation to the baseline condition, see. § 16 and rules provided for under section 18.

(2). Injury is a result of a previously identified adverse effects due to operations covered by a plan or a project that is explicitly approved by a competent authority in accordance with assessments as required by article 6, paragraph 3, or article 16 of Council directive on the conservation of natural habitats and of wild fauna and flora, or article 9 of the Council directive on the conservation of wild birds , shall not be regarded as an environmental damage to protected species or international nature protection areas.

(3). Damage to a protected species, which is caused by an emission or event, which takes place after the 1. July 2008, when the consequences of a specific activity that took place prior to the species ' inclusion on the list of protected species, see. Ordinance on the designation and administration of international nature conservation areas and the protection of certain species shall not be regarded as an environmental damage to protected species or international nature protection areas.

(4). Damage to an international nature conservation area, which is caused by an emission or event, which takes place after the 1. July 2008, when the consequences of a specific activity that took place prior to the area's designation under the environment goal's law, shall not be regarded as an environmental damage to protected species or international nature protection areas.

§ 8. By an environmental damage to the aquatic environment for the purposes of this Act, an injury that would result in a significant negative impact on the ecological, chemical and quantitative status or ecological potential for bodies of water covered by the environmental target practice law.

(2). Damage to the aquatic environment caused by changes of a surface water body or alterations in the physical design of the groundwater body levels, and damage to the aquatic environment, which would imply a lack of prevention of a body of surface water degradation to good status, are not covered by the law, in so far as such injury is a consequence of the entry changes and activities that have happened or done in accordance with the environmental objectives § 17 (1) or (2).

§ 9. By environmental damage on land for the purposes of this Act a soil contamination, which is a result of a direct or indirect transfers of substances, organisms or micro-organisms to soil or subsoil, and which entail a considerable risk to human health is affected negatively.

§ 10. By an injury for the purposes of this Act a measurable impairment of a natural resource or of a natural resource service which may occur directly or indirectly.

§ 11. By an imminent threat of environmental damage for the purposes of this law, that there is a sufficient likelihood that environmental damage will occur in the near future.

§ 12. By the person responsible for the purposes of this Act the addressee of an administrative decision subject to § 2.

§ 13. By preventive measures, for the purposes of this law, measures taken after an event, act or omission has resulted in imminent threat of environmental damage, with a view to preventing or minimizing the damage in question.

§ 14. By remedial measures against environmental damage to water or protected species and international nature conservation areas for the purposes of this law, any measure or combination of measures, including mitigating or interim measures to restore, recreate or waiter replace the damaged natural resources or services or provide equivalent alternatives to these natural resources or services.

(2). By remedial measures against environmental damage on land for the purposes of this law the removal of a detected pollution and restoration of the previous mode or corresponding remedial measures.


(3). The Minister shall lay down rules on how the eco-damage covered by paragraph 1 must be rectified.

§ 15. By natural resources for the purposes of this Act protected species and international nature protection areas, bodies of water that fall within the scope of the environmental target practice law and land.

(2). By a natural resource services means the functions performed by a natural resource for the benefit of another natural resource or the public.

(3). By protected species and international nature conservation areas shall mean species covered by the Ordinance on the designation and administration of international nature conservation areas and the protection of certain species, and international nature protection areas designated in accordance with the environmental target practice law.

§ 16. By baseline condition for the purposes of this law the State of the natural resources and services found themselves in at the time when the damage occurred.

§ 17. At the restoration, including natural recovery of damage to protected species and international nature conservation areas and on the aquatic environment, for the purposes of this law the return of damaged natural resources or impaired services to baseline condition.

§ 18. The Minister shall lay down rules on the conditions and criteria to be taken into account for the decision on the existence of an environmental damage or an imminent threat of environmental damage.

Chapter 2

Collateral

§ 19. The person responsible for the environmental damage or an imminent threat of environmental damage shall lodge a security to the satisfaction of the Minister of the environment for the fulfilment of its obligations. The security must cover the costs the Environment Minister for casework and for enforcement of obligations pursuant to section 33, paragraph 2, and section 35.

(2). The Minister shall determine the appropriate size and other conditions for the security.

(3). The Minister for the environment lays down rules on the collateral, including on the distribution of the obligation to lodge a security when there are more responsible for environmental damage on the calculation and subsequent adjustment of the size of the collateral and on the release of the security.

Chapter 3

Ordering the preventive and remedial measures, etc.

§ 20. The Minister must require the responsible person to provide the information and make any inquiries, etc., which are important for the assessment of how the consequences of environmental damage or an imminent threat of environmental damage be remedied or prevented. The person responsible can be imposed including conducting sampling, analysis and measurement of substances, etc. and other studies with the aim of clarifying the





1) causes and effects of environmental damage or an imminent threat of environmental damage,

2) an environmental nature and extent of the injury and

3) changes in the scope and nature of environmental damage or an imminent threat of environmental damage, which is reported under section 28.





§ 21. If information was not available at the time of the decision, that matter shall be treated in accordance with this law, and which shows that the environmental damage or an imminent threat of environmental damage with overwhelming probability cannot be caused by the addressee for the Authority's decision, the Minister shall send the new information to the authority which has taken the decision referred to in article 6. section 2, for the purposes of that case again are processed according to the rules laid down in the legislation, as the decision on the existence of an environmental damage or an imminent threat of environmental damage is taken after.

(2). The discovery in proceedings before it, that there is no security can be provided under section 19, the matter shall be dealt with according to the rules laid down in the legislation, as the decision on the existence of an environmental damage or an imminent threat of environmental damage is taken after. Can only be provided security for part of the cost, dealt with the remainder of the case in accordance with these rules.

§ 22. The Minister may order the person responsible to take the necessary preventive measures in the context of an imminent threat of environmental damage or practicable measures in order to limit or to prevent further environmental damage.

(2). The order must include the requirement to remove a detected pollution or other negative effects on natural resources and to restore to the baseline condition or to make corresponding remedial measures, to the extent that the injunction to that effect could be granted in accordance with the law, according to which there was taken a decision that pollution or other adverse effects entailed an imminent threat of environmental damage.

(3). The order can not cover the actions and measures taken by the Secretary of defense pursuant to the law on the protection of the marine environment.

§ 23. The Minister must require the responsible person to remedy environmental damage to protected species or international nature protection areas or on water environment in accordance with the rules laid down pursuant to section 14, paragraph 3.

(2). The Minister must require the responsible person to remedy environmental damage on land by removing an identified pollution and restore to the baseline condition or to make corresponding remedial measures.

(3). Injunction in accordance with paragraph 1 may not include the action and measures taken by the Secretary of defense pursuant to the law on the protection of the marine environment.

§ 24. There are several environmental damage have occurred in such a way that corrective action under section 23 cannot be implemented at the same time, the Minister of the environment determines which environmental damage must be remedied first taking into account the nature, prevalence and severity of the environment, options for natural recovery and the risk to human health.

§ 25. Injunction in accordance with sections 20, 22 and 23 may be granted, regardless of whether the person responsible has the availability of the property where there are identified environmental damage or an imminent threat of environmental damage. In order to provide for an obligation for the restoration of the property.

(2). If the person responsible does not have available over the property, notify the Minister of the environment, who can have access to the property, the injunction to tolerate, that studies and preventive and remedial measures implemented by the person responsible for the environmental damage or imminent threat of environmental damage.

(3). When others by performing actions after this law has caused harm to another man's property, the owner or user of the property may make a claim against the Minister when no agreement can be reached on compensation determination, or when the offender is unable to cover the claim and the Minister for the environment occurring in the injured party's claim against the person who caused the damage.

(4). Compensation determination under paragraph 3 and the replacement determination on injury that is caused by the Environment Minister's execution of the measures in accordance with this law, shall be carried out in the absence of agreement by the valuation authorities established in accordance with the law on public roads. §§ 51-56 and 58-66 (a) of the law on public roads shall apply mutatis mutandis, subject is the Environment Minister, who carries out the tasks which are attributed to vejbestyrelsen according to the law on public roads.

section 26. If environmental damage or an imminent threat of environmental damage can be attributed to more responsible, the injunction after sections 20, 22 and 23 shall be notified of them all. Order to each responsible shall be fixed taking into account the share of the total injury or threat of injury, as the person concerned is responsible for. If it is not possible to assess the respective shares of several officers responsible for the injury or threat of injury, should the Minister in those conditions form the basis that fair share of responsibility for the damage or danger of damage, including the parts that are not attributable to one or more responsible, must be allocated to those responsible.

(2). There can not be communicated to the injunction to a responsible, if it must be assumed that only a negligible share of responsibility can be attributed to the person concerned.

(3). If those who are responsible, who have been granted injunctions under paragraph 1 cannot agree on together to comply with those conditions, can a new injunction on making studies or preventive or remedial measures shall be communicated to the person responsible, as likely to have caused the largest share of the damage or danger of damage.

(4). If the Minister has ordered that the equal share of responsibility for the injury or threat of injury must be allocated to those responsible, and if those in charge can't agree on together to comply with injunctions, orders the making of studies or preventive or remedial measures shall be communicated to the responsible person or persons responsible, who have disposal of the concerned properties. If no responsible have disposal of the concerned property, such an injunction can be directed at the person or persons responsible, who last had available over each affected property. In the event that none of those responsible have or have had access to it or the affected properties, the order shall be communicated to any of those responsible.

(5). The one who is obliged to carry out orders in accordance with paragraphs 3 or 4, may require the costs covered by the other responsible, to the extent that the cost of execution of the order may be attributed to their share of the damage and the other officer were or could be the addressee of an injunction under this law.


§ 27. Environment Minister lets information about forvarslede or announced orders things bright on the or the property is affected by environmental damage or an imminent threat of environmental damage, to order the addressee's expense, without prejudice. However, paragraph 3.

(2). Information about forvarslede or announced injunction under section 25 (2), be registered no.

(3). If an injunction, there is a warning, not communicated to the Minister for the environment, preventing definitively the land cost.

(4). Environment Minister lets information about forvarslede or announced orders to cancel when the order is complied with.

Chapter 4

Worsening of environmental damage or increase of an imminent threat of environmental damage

section 28. The officer shall immediately notify the Minister of all relevant aspects of the situation, if an already joined environmental damage worsens or an imminent threat of environmental damage grows or develops into an environmental damage.

section 29. The officer shall, in the event that an already joined environmental damage worsens or an imminent threat of environmental damage grows or develops into an environmental damage, immediately take any practical measures and the necessary preventive measures to prevent or limit the deterioration or increase.

(2). In the fight against oil and chemical pollution, see § 34 of the basic regulation. section 47 f, and section 35 of the basic regulation. paragraph 47 (g), of the law on the protection of the marine environment use.

section 30. Notification under section 28 involves no limitation of the officer's duty to examine the consequences of environmental damage, including deterioration of damage, effectively averted or the danger that environmental damage occurs, prevented.

Chapter 5

Supervision

section 31. The Minister oversees that the law and the rules laid down in accordance with the law are complied with and that decisions be complied with.

section 32. The Minister shall cause an illegal relationship legalized, unless the relationship has minor importance.

section 33. In the situations referred to in section 32, the Minister must notify the person responsible, to the irregular situation must be brought to an end.

(2). The Minister can leave mandatory measures under Chapter 3 of the order addressee's expense, perform when the prescribed period has expired.

(3). Environment Minister's decisions in accordance with paragraphs 1 and 2 may not be brought before another administrative authority.

§ 34. The Minister or the person authorised to do so by this, if it is deemed necessary, at any time against proper identification without court order access to public and private buildings, premises and means of transport in order to supervise or carry out other tasks in accordance with this law or regulations issued pursuant to this Act. The Minister has including access to photograph, copy or include documents and other items free of charge. Acknowledgement for included items will be extradited.

(2). The police provide authorities and persons, which of these is authorised to do so, assistance in the exercise of the powers referred to in paragraph 1. The Minister of the environment may, after negotiation with the Minister of Justice establishing rules accordingly.

(3). By studies and supervision on properties, sites and installations and means of transport shall be holders and employees provide the Minister for the proper guidance and assistance.

section 35. In cases where section 10 of the Act on legal security by prioritizing the use of coercive measures and information duties apply, can the Minister perform the necessary studies for the officer's expense to lighting of the relationship, as it is otherwise responsible or could be required to provide information about.

Chapter 6

Administrative provisions

§ 36. Complaint justified under section 55 may ask the Minister to take measures in accordance with Chapter 3 and 5.

(2). The request must be accompanied by relevant information in support of the request for measures in respect of any environmental damage or an imminent threat of environmental damage. section 55, paragraph 3, shall apply mutatis mutandis.

section 37. Before a decision is taken in accordance with this law, the addressee in writing shall be informed of the proceedings and be acquainted with its access to public access. The addressee must be in the same context, are invited to contribute with information that can shed light on the costs, pros and cons of the decision.

(2). Notification in accordance with paragraph 1 need not be applied if an immediate decision is needed, or if notification is deemed manifestly unnecessary, see. However, section 38.

section 38. Before the Minister of the environment shall take a decision in accordance with section 23, the Minister shall in writing notify the complaint justified, without prejudice. § 55, on the draft decision and the legitimate complaint that they have the right to comment on draft within 4 weeks from the date of notification. The Minister may, in exceptional cases derogate from the deadline of 1. point When public advertising is taking place, see. (3) time limit, however, always be counted from the date of annonceringens. If the period expires on a Saturday, a public holiday, Constitution Day, a Christmas Eve or a new year's Eve, extended the deadline to appeal the following day.

(2). Draft decisions shall only be communicated to the associations and organisations, as referred to in section 55, paragraph 1, no. 3-6 when they have asked the Environment Minister to receive notification of such decision, in accordance with article 3. § 42.

(3). Under the direction of the persons referred to in section 55, paragraph 1, no. 2, can be made by way of a public announcement.

§ 39. Decisions in accordance with this law shall be notified in writing to the addressee. Decisions are open to appeal shall also be communicated to the complaint justified persons, organizations and authorities, see. § 55.

(2). Decisions shall only be communicated to the associations and organisations, as referred to in section 55, paragraph 1, no. 3-6 when they have asked the Environment Minister to receive notification of the decisions, see. § 42.

(3). Notification to the persons referred to in section 55, paragraph 1, no. 2, can be made by way of a public announcement.

§ 40. Injunction after chapter 3 shall contain a time limit for when the decision must be complied with. When there are special circumstances, however, it can be determined that the injunction must be complied with immediately.

§ 41. The Minister may lay down rules about advertising in accordance with §§ 38 and 39.

§ 42. Local associations and organizations that have the protection of the environment and nature as a general purpose, can notify the Minister of the environment, what are the specific types of decisions after the Association would act under the direction of the basic regulation. § 39, paragraph 1. The Association shall simultaneously submit bylaws, documenting that it is locally organized and that its main purpose is the protection of nature and the environment. Similarly for local associations and organisations, who after their purpose carries significant recreational interests when decisions affecting such in ter ACEs.

(2). Nationwide associations and organizations after their statutes have the protection of nature and the environment as a general purpose, can inform the Minister of the environment, what are the specific types of decisions after the law association or organization would like information on, see. § 39, paragraph 1. Similarly for nationwide associations and organizations after their statutes are intended to protect the substantial recreational interests when decisions affecting such interests.

(3). Local chapters of national associations and organizations are not covered by paragraphs 1 and 2.

section 43. The Minister may authorize a under the Ministry created State authority or after negotiation with the concerned minister, other governmental authorities to exercise the powers conferred on the Minister by this Act.

(2). The Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraphs 1 and 4, including that decisions should not be subject to appeal.

(3). The Minister of the environment may, after negotiation with the concerned minister lay down rules governing the exercise of the powers conferred on another State authority will be authorized to exercise under paragraph 1.

(4). The Minister may authorize the Municipal Council or Regional Council to exercise the powers provided for in this law are filed to the Minister for the environment.

(5). The Minister may lay down rules on the treatment of the cases referred to in paragraph 4.

§ 44. The Minister may decide that the Municipal Council and the Regional Council to provide information needed for the assessment of the facts which are the subject of this Act, within the individual municipality or regional area.

(2). In the decisions referred to in paragraph 1 may provide that the information to be given in a particular form.

(3). The Minister may lay down rules on the local Board of Directors and the Council's obligations to provide information needed for the assessment of the facts which are the subject of this Act, within the individual municipality or regional area and the information to be given in a particular form.

(4). Environment Minister's decisions in accordance with paragraph 1 and in accordance with detailed rules adopted in accordance with paragraph 3 may not be brought before another administrative authority.

§ 45. The Minister may lay down rules on the controller's obligations to provide information on the measures in accordance with the law.

(2). In the rules referred to in paragraph 1 may provide that the information to be given in a particular form, and that decisions taken in accordance with the rules, cannot be brought before another administrative authority.

Chapter 7

Coverage of costs


§ 46. The person responsible for the environmental damage or an imminent threat of environmental damage shall cover the costs of the administration and supervision of the Minister of the environment after the Act's Chapter 2-6.

(2). The Minister may lay down rules on the payment to cover the costs associated with the administration and supervision of the Minister in accordance with paragraph 1.

(3). The Minister may lay down detailed rules for the payment of interest by the lack or late payment of the costs referred to in paragraph 1. The remuneration is effected from the due date and remunerated at a monthly interest rate of 1.3%. for each commenced month from the 1. in the month in which the costs are to be paid, subject to a minimum of 50 us $.

§ 47. Arrears collection authority can recover claims under section 46 by Lien in order and by deduction of wages, etc. in accordance with the rules for the collection of personal taxes in kildeskatteloven.

(2). Arrears collection authority may cancel the requirements referred to in paragraph 1 after the law on the levying of taxes and duties, etc.

Chapter 8

Obsolescence

section 48. Requirements on the coverage of the costs of the basic regulation. section 33, paragraph 2, and section 35, shall become statute-barred after five years from the date on which the measures are completed, or where the person responsible for the emission or event which has caused the environmental damage or provoked an imminent threat of environmental damage, have been identified. The last of these dates take into account.

(2). Paragraph 1 shall apply also to requirements on the coverage of an authority's expenditure on measures in accordance with other legislation, when these measures could be ordered completed after chapter 3 or is the subject of section 47 f or paragraph 47 (g) of the law on the protection of the marine environment.

(3). Requirements referred to in paragraphs 1 and 2 shall become statute-barred no later than 30 years after the emission or event that led to the environmental damage or an imminent threat of environmental damage, unless legislation general rules on periods of limitation means that the limitation period only occurs at a later date.

Chapter 9

Relationship to general liability rules

§ 49. The law does not restrict environmental authorities access to compensation in accordance with the General rules on compensation in or outside the contract or pursuant to rules laid down in or pursuant to other legislation.

Chapter 10

Complaint and proceedings

§ 50. Unless otherwise provided by law, decisions can be appealed to the Environmental complaints board by law or Natural complaints board, depending on the boards there is appeal instance for the decision on the existence of an environmental damage or an imminent threat of environmental damage covered by this law.

§ 51. A complaint about an order or a decision on collateral has suspensive effect. The Minister of the environment or the review body may, however, provide that complaints about orders or decisions on collateral should not have suspensive effect, when special reasons for doing so.

§ 52. Complaint shall be submitted in writing to the Minister, who shall forward it to the relevant Board of appeal, accompanied by the appeal and the material that has been signed by their rating.

(2). Complaint deadline is 4 weeks from the day the decision is announced. When public advertising is taking place, see. § 39, paragraph 3, shall be counted from the date of the appeal period, however, always annonceringens. If the appeal deadline expires on a Saturday, a public holiday, Constitution Day, a Christmas Eve or a new year's Eve, extended the deadline to appeal the following day.

§ 53. By Environmental complaints Board's treatment of cases, see § 102, section 104 (1) and (2) and sections 105, 106 and 109 of the law on environmental protection mutatis mutandis.

(2). The Minister may lay down detailed rules concerning the composition of the complaints board and Business Environment in the handling of cases under this Act.

§ 54. Natural complaints Board President may, on behalf of the Board hear and determine grievances that are not deemed to include subjects of major interest in relation to the Act's purposes.

§ 55. Environment Minister's decisions can be appealed by





1 the addressee of the decision),

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

3) nationwide associations and organisations which, by their statutes have the protection of nature and the environment as a general purpose,

4) nationwide associations and organisations which, by their statutes are intended to protect the substantial recreational interests, when decision affects such interests,

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

6) local associations and organisations which, by their purpose carries significant recreational interests, when decision affects such interests, and

7) authorities concerned.





(2). Local chapters of national associations or organisations are not covered by paragraph 1, nr. 3 and 4.

(3). At the complaint in accordance with paragraph 1, nr. 3-6 may appeal require that associations or organizations submit bylaws or otherwise document the complaint is justified.

section 56. Action against decisions under the law or the rules issued pursuant to the law, must be brought within 12 months after the decision is announced. The decision is publicly announced, bringing the deadline, however, always be counted from the date of the announcement.

Chapter 11

Punishment, etc.

§ 57. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the





1) fails to comply with decisions in accordance with the law,

2) fail to notify under section 28,

3) shall give false or misleading information under section 28,

4) fails to take action under section 29 or

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





(2). The penalty can rise to imprisonment up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is





1) cause damage to nature or the environment or provoked an imminent threat, therefore, or

2) achieved or intended an economic advantage for the person himself or others, including savings.





(3). Paragraph 2 shall not apply to offences committed by foreign vessels, unless the offence is committed in internal territorial waters. For infringements committed by foreign vessels in the outer territorial waters may increase to up to 2 years prison sentence, in the case of wilful and serious pollution of the marine environment.

(4). In the rules, to be determined in accordance with sections 44 and 45, can be fixed penalty of fine. It may also be stipulated that the penalty can rise to imprisonment up to 2 years in similar circumstances as provided for in paragraph 2.

(5). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 58. Search in respect of infringements of the provisions of this law may be made in accordance with the rules of civil procedure act on the search made in matters which under the law can result in imprisonment.

Chapter 12

Entry into force, etc.

section 59. The law shall enter into force on the 1. July 2008, see. However, paragraph 2.

(2). The Minister shall lay down after negotiation with the Minister for economic and business affairs the time of entry into force of § 4 (1) (8). 6, subparagraphs (c) and (d).

section 60. The law applies to environmental damage or an imminent threat of environmental damage caused by an emission or event, which takes place after the 1. July 2008, see. However, paragraph 2.

(2). The law does not apply to environmental damage or an imminent threat of environmental damage caused by an emission or event, which takes place after the 1. July 2008, when the consequences of a specific activity that took place and was completed before this date.

section 61. The law does not apply to the Faroe Islands and Greenland but may be totally or partially into force for Greenland and the Faroe Islands with the derogations which the special Faroese and Greenlandic conditions warrant.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Troels Lund Poulsen Official notes 1) Act contains provisions implementing parts of the European Parliament and of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (Official Journal 2004 nr. L 143, p. 56), as amended by European Parliament and Council Directive 2006/21/EC of 15. March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (Official Journal of the European Union 2006 nr. L 102, page 15).