Key Benefits:
Chapter 1 The aim of the
Chapter 2 Water districts and Water District Authorities
Chapter 3 Water Plan
Chapter 4 Preparation of the water plan
Chapter 5 Protected areas
Chapter 6 Environmental objectives
Chapter 7 Monitoring of the water deposits
Chapter 8 Inmate Program
Chapter 9 Status Report
Chapter 10 Rules for the provision of provision
Chapter 11 Municipal action plans
Chapter 12 Map-to-map Getor
Chapter 13 Epipement and amendment of international nature protection areas
Chapter 14 Natural planning
Chapter 15 Administrative provisions
Chapter 16 Applause and lawsuits
Chapter 17 Entry into force
Publication of the law on environmental objectives and so on for aquatic occurrences and international nature protection areas 1)
(Environmental target slop)
This shall be announced in respect of environmental objectives and so on for water bodies and international natural protection areas (environment target sloven), cf. Law Order no. 1756 of 22. In December 2006, with the changes resulting from paragraph 3 of Law No 508 of 17. June 2008
Preliminary provisions
The aim of the
§ 1. The law aims to establish the framework for the protection of surface water and groundwater, and for planning in the fields of international nature protection.
Water
Water districts and Water District Authorities
§ 2. Denmark is divided into water districts. The demarcation of the water districts is indicated in Appendix 1 to the Law.
Paragraph 2. Cross-border river basins have been designated as an international water district. The Environment Minister may lay down detailed rules on the international water district, including rules on the deviation of the law.
Paragraph 3. The Environment Minister is a water district authority.
Paragraph 4. The Environment Minister may lay down rules that derogate from paragraph 1. 2 on the number of international water districts.
Water Plan
§ 3. For each water district there must be a water plan. The water plan must cover a period of six years.
Paragraph 2. Government authorities, regional councils and municipal councils are in the exercise of powers under the legislation bound by the water plan and the municipal action plan, including ensuring the implementation of the programme and the local authorities ' action plan.
Paragraph 3. The water plan may be changed in the plan period according to the rules in section 28-31. If the change relates to the intervention programme, the time limit in section 29 (3) is available. However, 3 shall be waisted where the concern for the protection of the environment is to be used. A change to the water plan shall have a legal effect as the water plan, cf. paragraph 2.
§ 4. The water plan must be in accordance with Part A of Annex 2 to the law.
Paragraph 2. In addition, any audit shall be in accordance with Part B of Annex 2 to the law.
Preparation of the water plan
§ 5. In the case of each water district, the following shall be drawn up prior to each plan period :
1) A basic analysis, cf. § 6.
2) A work programme for the provision of the water plan containing a timetable and a statement of the consultation process.
3) A list of the essential water management tasks that need to be addressed.
§ 6. The basic analysis shall consist of :
1) An analysis of the characteristics of the surface water and groundwater.
2) An assessment of the impact of human activity on surface water and groundwater status.
3) An economic analysis of water use.
Paragraph 2. The Minister for the Environment must lay down detailed rules on the content and the form of the basic analysis.
Protected areas
§ 7. Protected areas means :
1) areas designated as drinking water deposits, cf. § 8,
2) areas designated as shellfish waters, cf. § 9,
3) areas designated as bathing areas ;
4) nutrient-sensitive areas ; and
5) relevant international nature protection areas, cf. § 36.
Expiration of drinking water deposits
§ 8. Drinking water bodies shall be designated for each water district.
Paragraph 2. As drinking water instances, appointment shall be designated
1) water used for the abstraction of drinking water and, on average, more than 10 m, 3 a day or provides water to more than 50 people ; and
2) the instances of water intended to be used for this purpose.
Paragraph 3. The Environment Minister may lay down detailed rules for the appointment of paragraph 1. 1.
Expiration of shellfish waters
§ 9. A recommendation from the Ministry of Family and Consumer Protection for each of the water district shall be designated areas which require protection or improvement in order to make it possible for shellfish (molluscs and snail class) to live and grow therein, in order to be used for the purpose of seafood in the areas where seafood are to be used for human consumption.
Environmental objectives
§ 10. The water plan must set environmental targets for all water bodies in the water district in accordance with this chapter.
General environmental objectives
§ 11. Rating the condition of all surface waters and all groundwater bodies must be prevented.
Paragraph 2. Any temporary deterioration of the state of the water instance caused by circumstances of natural species or circumstances due to accident must be further deterioration in the condition of prevention and the original state should as far as possible ; re-established.
Paragraph 3. There must be no increased direct or indirect contamination of surface water unless measures to implement this will result in an increase in pollution of the environment as a whole. Expectation of the pollution of the sea outside the water districts shall be avoided as far as possible.
§ 12. By the 22nd. In December 2015 all surface waters and ground water must have achieved a good condition, cf. however, section 15 -20.
Paragraph 2. For surface water good status means the condition a surface water area has been achieved when it has both a good ecological status and good chemical status. For groundwater, the condition a groundwater body has reached when it has both a good quantitative status and good chemical status is understood.
Protected drinking water occurrences
§ 13. In the case of any occurrence of water designated in section 8, it shall be later than 22. In December 2015, in addition to the achievement of the environmental objective of surface water, the water has a quality to ensure that the water treatment system used meets the quality requirements of the drinking water quality in accordance with the law on water supply, etc., as long as it is time to : seeks a reduction in the level of purification.
Scalte waters
§ 14. In the case of any occurrence of water designated as seafood water, it shall be ensured within six years of the appointment of the water to ensure that water has a good quality, which contributes to seafarers in the area to be used for human consumption.
Artificial and heavily modified surface water bodies
§ 15. A surface water area may be designated as artificially or highly modified if the changes to the physical design of the area, which are required to achieve good ecological status, will have significant adverse effects on :
1) environment in general,
2) navigating, including port facilities, or recreational activities ;
3) activities for the storage of water,
4) water regulation, flood protection or drainage protection ; or
5) others, equally important, sustainable human development activities.
Paragraph 2. The following shall be provided for : 1 may take place only if the considerations referred to in paragraph 1 are concerned. 1, no. One-five, because of technical difficulties or disproportionate costs, cannot reasonably be taken into account by other means, which are an important better solution to the environment.
Paragraph 3. The following paragraph shall be the following : 1 may not exclude or prevent the fulfilment of the environmental objectives in other bodies of water in the water district.
Paragraph 4. For areas designated in accordance with paragraph 1, 1, at the latest on 22. In December 2015 a good ecological potential and a good chemical state have been achieved.
Less strict environmental targets
§ 16. For specific water instances, less stringent targets may be laid down than good surface water mode and good ground water status if the water instance is affected by human activity as determined in accordance with the basic analysis, cf. Section 6, or the natural conditions of the water instance, are such that compliance with the condition of good condition is impossible or associated with disproportionate costs.
Paragraph 2. Establishment of less stringent targets can only be achieved if the environmental and socioeconomic needs covered by such human activities cannot be met by other means which are an essential better solution to the environment and do not lead to : disproportionately high costs.
Paragraph 3. In the determination of less stringent objectives, given the effects which could not reasonably be avoided due to the nature of the human activity or the contamination of surface waters, it is ensured that the best achieved is achieved ; possible ecological and chemical status, and for groundwater bodies to ensure that good groundwater status is made at least possible. Furthermore, it must be ensured that no further deterioration of the state of the water body concerned is worsening.
Paragraph 4. Reducing less stringent targets must not be permanently excluded or obstructing the achievement of environmental targets in other waters of the water district.
§ 17. New changes in the physical shape of a surface water area or change in the level of the groundwater body may justify the setting of less stringent targets than good groundwater status, good ecological status, or, where appropriate, good, ecological potential, or may justify a failure to prevent the deterioration of the condition of an instance of water, if :
1) the adverse impact on the state of the water instance will be reduced as much as possible ;
2) the amendments or changes are justified by significant social interests, or the benefits for the environment and society by attainment of the environmental objectives are less than the benefits resulting from the changes or changes in respect of the environment ; the health of the population, the maintenance of human security and sustainable development ; and
3) any account being taken of the new changes or changes to the aquatic occurrence due to technical difficulties or disproportionate costs cannot be achieved by other means, which are an essential better solution to the environment.
Paragraph 2. New sustainable human development activities may also cause a lack of a deterioration in the deterioration of surface waters in good condition if the conditions laid down in paragraph 1 are carried out. 1, no. 1-3, have been met.
Paragraph 3. New changes or development activities referred to in paragraph 1. 1 and 2 shall not precluse or prevent the fulfilment of environmental objectives in other waters within the water district.
More strict environmental goals
§ 18. For certain waters, stricter targets may be laid down than good surface water mode.
Paragraph 2. Establishing more stringent environmental targets shall be based on a comprehensive weighing of the social interests.
Extension of deadlines for the achievement of environmental objectives
§ 19. Evaluate that the necessary improvements to the state of the water instance are not for the reasons referred to in paragraph 1. 2, may be achieved within the time limits laid down, that the time limits may be extended for the gradual fulfilment of the environmental objectives.
Paragraph 2. An extension of the time limit may be justified only by :
1) that there is a need for such significant improvements that, for technical reasons, they can only be carried out in phases that exceed the deadline,
2) that there would be a disproportionate cost to a finalisation of the improvements within the deadline, or
3) the natural conditions do not permit an improvement in the state of the water instance within the deadline.
Paragraph 3. There can be no more than two revisions of the water plan, with the exception of the circumstances in which the natural conditions are of such a nature that the objectives cannot be achieved within this period.
Paragraph 4. An extension of the time limit shall not contribute to further deterioration in the condition of the water instance.
Paragraph 5. Extendon of the time limit shall not be allowed to exclude or prevent the fulfilment of the environmental objectives in other waters within the water district.
Other provisions
20. If, pursuant to other legislation, stricter standards are laid down for the quality of a given water instance, these requirements shall apply as environmental objectives.
Paragraph 2. If the time limits for the achievement of environmental objectives are set in accordance with other legislation, then these shall apply.
§ 21. The Minister for the Environment must lay down detailed rules on environmental objectives, including what is understood in good condition for surface water and groundwater and good ecological potential for surface water. The Minister may lay down rules on the quality of drinking water deposits, cf. § 13, and shellfish waters, cf. § 14.
Monitoring of the water deposits
§ 22. The Environment Minister shall draw up programmes to monitor the state of surface water and the status of the groundwater and for the surveillance of protected areas. The Minister shall also draw up a coherent and comprehensive monitoring network within each water district.
Paragraph 2. The minister monitors the state of the surface water and the status of the groundwater and the protected areas.
Paragraph 3. The Minister shall lay down detailed rules for the provision, content, form and implementation of programmes, including the surveillance network, in accordance with paragraph 1. 1.
Inmate Program
-23. A programme of action for the water district shall be drawn up in accordance with the rules laid down in this Chapter.
§ 24. The effort programme shall be drawn up on the basis of the results of the basic analysis, cf. section 6, and the results of the monitoring programmes, cf. section 22, and shall ensure compliance with the environmental objectives within the time limits set.
§ 25. The programme shall contain at least the measures to be carried out in the water district, and guidelines for the authorisations and other decisions with a view to the protection of water which may be communicated to protect, improve and restore all aquatic occurrences and for artificial and highly modified surface waters to protect and improve these. The effort programme must also include an economic analysis in order to assess the most cost-effective combination of measures.
Paragraph 2. The measures contained in a programme of action shall be initiated by the first time on 22. December 2012. Any new or amended measure shall be implemented within three years of the adoption of the revised water plan.
SECTION 26. The Minister for the Environment must lay down detailed rules on the content of the intervention programme.
Status Report
§ 27. In the case of each water district, a progress report on the progress made with the implementation of the planned programme of action shall be drawn up.
Paragraph 2. The Environment Minister may ask the local authorities for information to be prepared for the preparation of the status report, including the form in which the information is to be submitted.
Rules for the provision of provision
§ 27 a. In addition to the preparation and revision of the water plan, the Minister for the Environment, Public Probe announced and a period of not less than six months of proposals, etc. At the same time, the summary of the basic analysis, schedule and draft summary information shall be published ; in addition to the essential water management tasks which must be addressed.
Paragraph 2. The Minister shall forward the proposals and so on to the regional council, which coordinates proposals and so on from the municipality boards in the region. The coordinated proposals will be sent to the Minister within eight weeks of receipt.
Paragraph 3. The Minister will send the published material, cf. paragraph 1, to state, regional and municipal authorities whose interests are affected.
§ 28. The Environment Minister shall prepare for each water district a basic analysis, cf. § 6, and a status report, cf. section 27, and proposals for :
1) Expiration of drinking water deposits, cf. § 8.
2) Escalation of shellfish waters, cf. § 9.
3) Work programme for the provision of the water plan, cf. § 5, nr. 2.
4) Overview of the essential water management tasks to be solved, cf. § 5, nr. 3.
5) Water plan, cf. § 4.
Paragraph 2. When a proposal is drawn up in accordance with paragraph 1, 1, no. 5, the Minister shall forward the proposal to the governmental, regional and municipal authorities concerned, which may object to proposals for the priority of measures taken in the overall programme. The Minister shall set a time limit for the submission of objections.
Paragraph 3. The Minister shall adopt a water plan proposal on the basis of paragraph 1. One and two.
Inclusion of the public
§ 29. After the preparation of the section 28 (2), 1, no. Amendments Nos 1 to 4, respectively, after the adoption of a proposal for a waterplane, in accordance with section 28 (4). 3, ensure that the Minister for Public Announcement has been announced. The environmental minister shall inform the Minister of the Environment of the time limit referred to in paragraph 3. The proposals must be publicly available.
Paragraph 2. The publication shall take place within the following time limits :
1) Proposals for work programme : at least three years before the beginning of each plan period.
2) Proposals for the list of major water management tasks : at least two years before the beginning of each plan period.
3) Proposals for a water plane : at least one year before the beginning of each schedule period.
Paragraph 3. The Environment Minister shall set a period of at least six months for the submission of objections to the objections referred to in paragraph 1. 2 mentioned proposals. For those in section 28 (1). 1, no. The proposal for a period of eight weeks shall be fixed by 1 and 2.
Paragraph 4. The Minister is sending the proposal to the water level to state, regional and municipal authorities whose interests are affected.
Paragraph 5. After the expiry of the deadline, cf. paragraph 3, the Minister shall adopt the provisions referred to in section 28 (3) 1, no. One-five, that proposal finally mentioned.
Paragraph 6. The Minister may lay down detailed rules on the fact that they are in section 28 (4). 1, no. One-five, the proposal is being handed down on a payment basis.
-$30. If, in the context of the adoption of the final water plan, changes are made to the published proposal, which in a significant manner affects other authorities or citizens other than those who have objected to the amendment, the adoption of the amendment may be adopted ; the water plan shall not take place until they have had the opportunity to express their opinion. The Environment Minister shall set a time limit for this If the amendment is so comprehensive that there is actually a new plan for water, the procedure in section 28, sections 29 and paragraph 31 shall be followed.
Publication of final approved documents
§ 31. The Minister for the Environment, Public Health and Consumer Protection is making public announcement in accordance with Article 29 (3). 5, final approved documents. In advertising, complaints must be provided and notice of the time limit. The documents finally adopted must be publicly available. The publication shall take place within the following time limits :
1) The basic analysis shall be at least two years prior to the start of each period of time, the first time at the latest on 22. December 2004.
2) Designation of drinking water deposits : at least two years prior to the start of each period of time, the first time at the latest on 22. December 2004.
3) The minting of shellfish waters : at least two years prior to the start of each plan period.
4) The work programme shall at least two years before the beginning of each schedule period.
5) The overview of the essential migration tasks shall be at least one year before the beginning of each schedule period.
6) The water plan : no later than 22. December 2009, and then every six years.
7) The status report : two years and six months after the start of each plan period.
Paragraph 2. The Environment Minister will forward the base analysis, the water plan and the status report to the municipalities, the regional councils and the governmental authorities whose interests are affected.
Paragraph 3. The Minister for the Environment may lay down detailed rules that the final approved documents may be handed over to the payment.
Municipal action plans
§ 31 a. The municipality Board shall draw up an action plan in accordance with the procedures laid down in section 31 b-31 e. The plan of action must explain how the water plan and its efforts programme will be implemented within the territory of the municipality on land and on the coastal region of the river basin.
Paragraph 2. The provision in section 25 (3). 2 shall apply mutatis mulaam to measures contained in the course of action.
Paragraph 3. The Minister shall lay down detailed rules on the content of the action plan.
§ 31 b. The local authority shall adopt a proposal for an action plan within six months of the publication of the water plan, cf. Section 31 (1). 1, no. 6. The Municipality Board shall announce the public and shall inform them of the time limit referred to in paragraph 1. 5. The proposal must be publicly available.
Paragraph 2. The municipality Board shall forward the proposal to the action plan, cf. paragraph 1, to state, regional and municipal authorities whose interests are affected.
Paragraph 3. The Minister for the Environment may lay down rules that the draft action plan must also be sent to others who are affected by it.
Paragraph 4. The Minister may lay down detailed rules on the requirements for advertising and public availability, cf. paragraph 1, including that the proposal may be extradieable against payment.
Paragraph 5. The local authorities shall set a period of at least eight weeks for the submission of objections to the provisions of paragraph 1. 1 mentioned proposals.
§ 31 c. The local authority shall adopt an action plan no later than one year after the publication of the water plan.
Paragraph 2. If, in the context of the preparation of proposals for action, amendments to the published proposal shall be made in a significant manner to other authorities or citizens other than those who have objected to the amendment, may be adopted by : the scope of action shall not be taken until they have had the opportunity to express their opinion. The local authorities shall set a time limit for this. If the amendment is so comprehensive that there is actually a new proposal for action, the procedures in section 31 a, section 31 (b), section 31 d and paragraph 31 shall be followed and the time limit laid down in paragraph 1 shall be followed. 1 shall be extended by three months.
Paragraph 3. The local authorities shall ensure the public announcement of the agreed action plan. In advertising, complaints must be provided and notice of the time limit. The final agreed action plan must be made available to the public.
Paragraph 4. The municipal board sends the agreed action plan to the Minister for the Environment.
Paragraph 5. The Minister may lay down rules that the local authorities must also be sent to others who are affected by the action plans.
Paragraph 6. The Minister may lay down detailed rules on the requirements for advertising and public availability, cf. paragraph 3, including that the final approved documents may be extradieable against payment.
§ 31 d. A proposal may not be adopted if other relevant municipal boards have opposed this in writing to the local authorities in writing before the end of the period after paragraph 31 (b) (b) (b). 5. The proposal can then be adopted only once a consensus has been reached between the parties on the necessary changes.
Paragraph 2. An objection to paragraph 1. 1 shall be justified.
Paragraph 3. Provided that no agreement can be reached between the relevant municipal management boards, cf. paragraph 1, on the preparation of the action plan for the municipality, the region council shall, at the request of the Council, call for mediation.
Paragraph 4. In the absence of a consensus, the region of the region shall present the matter to the Environment Minister, which shall then decide.
§ 31 e. The Minister for the Environment, Public Health and Consumer Protection may present an objection to a draft action plan before the end of the deadline after paragraph 31 (b) (b), 5. The proposal can then be adopted only once a consensus has been reached between the parties on the necessary changes.
Paragraph 2. If a negotiated agreement cannot be reached, the Minister shall take a decision.
§ 32. (Aphat)
§ 33. (Aphat)
§ 34. (Aphat)
Map-to-map Getor
$35. The Minister for the Environment shall lay down the costs of covering costs for the part of the basic analysis relating to the mapping of areas with special drinking water interests and of the general water supply plants outside these for the bounding of which is to be defined ; types of contamination they are sensitive to, and to cover costs for the management of fees for the administration of the environment and the municipal management board. The council will charge you for the fee on behalf of the minister.
Paragraph 2. A total fee may be charged to cover the expenditure covered by paragraph 1. 1 and of section 52 c (s) ; 1, in the law on water supply, etc.
Paragraph 3. The rules in section 52 c (3). 3-7, in the law on water supply, etc. shall apply mutatis mutitis.
Paragraph 4. The Environment Minister shall notify the individual municipal management board by 1. July of the year before the current budget period, the amount, cf. paragraph 1 for which the fee is to be covered by the municipality.
Paragraph 5. The Minister for the Environment may lay down detailed rules on the payment of fees charged in respect of charges levied under this law ; if payment is not due in due time, the late payment day for each commenced shall be payable on a timely basis. of the month, at least 50 kroner per month of interest.
International Nature Protection Areas
Epipement and amendment of international nature protection areas
§ 36. The Environment Minister designates international nature protection areas on land and on the sea.
Paragraph 2. The Environment Minister may make changes to already designated international nature protection areas.
Paragraph 3. During a bilateral consultation procedure between Denmark and the Commission of the European Communities, in order to consider the designation of an international nature protection area, the Environment Minister shall take appropriate measures in order to : avoid the deterioration of the priority type of natural habitat or the habitat of the priority species and disorders of the priority species if these disturbances have significant consequences for the priority natural type or nature. The Minister may, in particular, provide that the regional councils, the municipality boards and the governmental authorities in their administration of the law are obliged to protect the area. The measures shall be valid until a decision has been taken and, where appropriate, a designation of the area.
Paragraph 4. The Environment Minister takes a decision on measures to protect an area that is not designated as an international nature protection area, but where new information on the presence of birds means that the area should be designated.
Paragraph 5. The Minister shall lay down rules on the protection of the provisions of paragraph 1. 4 mentioned areas.
Paragraph 6. Where an area is designated as an international nature protection area, the regional councils, the municipality and state authorities of the exercise of powers under the law, by the way, are bound by the designation.
Paragraph 7. The Minister may lay down rules on the restriction of the competence for planning in accordance with the rules laid down in the Plan Law in the field of international nature protection areas.
Natural planning
§ 37. The Environment Minister will draw up a Natura 2000 plan for the international nature protection areas. The plan can be split according to geographical areas.
Paragraph 2. Paragraph 1 shall not include areas subject to the rules in the forest law on Natura 2000 forestry plans.
Paragraph 3. The Natura 2000 plan shall be established after prior discussion with the governmental authorities concerned.
§ 37 a. The municipality Board shall draw up an action plan, cf. § § 46 a-46 e, for the implementation of the Natura 2000 plan in the territory of the municipality on land and for the coastal region of the river basin.
§ 38. (Aphat)
the content of the Natura 2000 plan
§ 39. The Natura 2000 plan shall include :
1) A basic analysis, cf. § 40.
2) Objective for natural state in international nature protection areas, cf. § 41.
3) A task force, cf. § 42.
Base analysis
§ 40. The basic analysis shall include :
1) Map planning of habitats habitats and habitats for which the areas are designated.
2) Assessment of state and preliminary assessment of threats.
3) A summary that indicates the location of the areas and the condition of the card-attached areas and the condition.
Establishment of the target of natural mode
§ 41. Establishment of the nature of the natural state on the basis of the base analysis shall be made in order to ensure or restore a favourable conservation status. After a classification and weighing of any conflicting natural interests within the individual international nature protection area, targets shall be set for the area. Different objectives can be set for sub-areas within an international nature protection area.
Paragraph 2. The Minister for the Environment must lay down detailed rules for the setting of objectives of the natural state.
Inmate Program
§ 42. The efforts programme drawn up on the basis of the basic analysis, available monitoring data and proposals, etc., cf. § 42 a, provides guidelines for the municipal management board action plans. The efforts programme can contain concrete proposals for action.
Natural planning
§ 42 a. In addition to the preparation and revision of the Natura 2000 plan, the Minister for the Environment, Public Proposal for the Environment, Public Proposal, and a period of not less than six months, shall be subject to the publication of the basic analysis of the basic analysis.
Paragraph 2. The Minister shall forward the proposals and so on to the regional council, which coordinates proposals and so on from the municipality boards in the region. The coordinated proposals will be sent to the Minister within eight weeks of receipt.
§ 43. The Environment Minister will publish in the announcement of a proposal for a Natura 2000 plan. In the announcement, the Minister shall inform the Minister of the closing date, cf. paragraph 4. The proposal must be publicly available.
Paragraph 2. The publication shall be made at the same time as the publication of proposals for the water plan, cf. § 29, paragraph. 2, no. 3.
Paragraph 3. At the same time as the publication of paragraph 1 proposals for Natura 2000 shall be submitted to governmental, regional and municipal authorities whose interests are affected by the proposal.
Paragraph 4. The Minister shall set a period of at least six months for the presentation of objections to the planned proposal.
§ 44. (Aphat)
§ 45. After the expiry of the time limit in section 43 (4), 4, the Environment Minister shall adopt the Natura 2000 plan definitively.
Paragraph 2. If, in the context of the final proposal for the Natura 2000 plan, changes to the published proposal shall be made in a significant manner to other authorities or citizens other than those who have objected to the amendment, may the adoption of the adoption of the proposal, the Natura 2000 plan shall not be carried out until they have had the opportunity to express their opinion. The Minister shall set a time limit for this. If the amendment is so comprehensive that there is actually a new proposal for a Natura 2000 plan, the procedures in section 43 must be followed.
Paragraph 3. The Minister shall provide for the expiry of the time limit in section 43 (3). 4, for the public announcement of the definitively adopted Natura 2000 plan. The announcement shall be provided on the draft guidelines and the time limit for the complaint. The plan shall be sent simultaneously to the regional, municipal and governmental authorities whose interests are affected.
§ 46. The Environment Minister is reviewing the Natura 2000 plan every six years.
Paragraph 2. Changes may be made to the programme for the period of the plan. In the preparation and adoption of amendments, the procedure shall be followed in section 43 and section 45.
Paragraph 3. Changes to the action programme have a legal effect as an action programme, cf. § 48.
46 a. The local authorities shall define the local authorities in particular to defined sites, international nature conservation areas or natural habitats and species :
1) Prioritizing the expected administrative actions of the municipal management board during the period of plan.
2) Specification of targets and expected impact on individual activities.
3) Expected methods and administrative measures which the local authorities will use in order to improve the natural state or maintain favourable conservation status.
Paragraph 2. The action plan must not conflict with guidelines laid down in a Natura 2000 plan.
Paragraph 3. The action plan shall not cover the public owned area when, for such areas, a plan for the management effort, which is in accordance with the established objectives of the natural state. In these cases, the action plan must be accompanied by a description of this management effort.
Paragraph 4. The city council shall ensure the implementation of an agreed action plan.
Paragraph 5. The Environment Minister must lay down detailed rules on the content and provision of the action plan.
§ 46 b. The local authority shall adopt the publication of the Natura 2000 plan within six months of the date of the Natura 2000 plan. Section 45 (3). 3, or the publication of a change after paragraph 46 (3). 2, a proposal for a course of action, including the change of the course of action. The Municipal Administrative Board shall announce the public and shall be informed of the time limit referred to in paragraph 1 2. The proposal must be public.
Paragraph 2. The local authorities shall set a period of at least eight weeks for the presentation of objections to the proposed action plan.
§ 46 c. The local authority shall adopt the final action plan at the latest within one year of the Natura 2000 plan.
Paragraph 2. If, in the context of the preparation of the final draft action plan, changes to the published proposal shall be made in a significant manner to other authorities or citizens other than those who have objected to the change, may : the adoption of the action plan shall not take place until they have had the opportunity to express their opinion. The local authorities shall set a time limit for this. If the amendment is so comprehensive that there is actually a new proposal for action, the procedures in section 46 a, section 46 b, section 46 d and section 46 are followed, and the time limit referred to in paragraph 1 shall be followed. 1 shall be extended by three months.
Paragraph 3. The local authorities shall ensure the public announcement of the agreed action plan. In advertising, complaints must be provided and notice of the time limit. The final agreed action plan must be made available to the public.
Paragraph 4. The municipal board sends the agreed action plan to the Minister for the Environment.
§ 46 d. A draft action plan cannot be adopted if other relevant municipal boards have opposed this in writing to the municipal management board before the expiry of the time limit after paragraph 46 b (b). 2. The proposal can then be adopted only once a consensus has been reached between the parties on the necessary changes.
Paragraph 2. An objection to paragraph 1. 1 shall be justified.
Paragraph 3. Provided that no agreement can be reached between the relevant municipal management boards, cf. paragraph 1, on the preparation of the action plan for the specific Natura 2000 area, cf. in section 46 a, the region council shall, at the request of the Council, call for mediation.
Paragraph 4. In the absence of a consensus, the region of the region shall present the matter to the Environment Minister, which shall then decide.
§ 46 e. The Minister for the Environment, Public Health and Consumer Protection may present an objection to a draft action plan before the end of the deadline after the section 46 (b) (b). 2. The proposal can then be adopted only once a consensus has been reached between the parties on the necessary changes.
Paragraph 2. If a negotiated agreement cannot be reached, the Minister shall take a decision.
§ 47. The Environment Minister may lay down rules on the publication of the Natura 2000 plan, local authority actions and proposals, including on payment for the delivery of documents.
Paragraph 2. The Minister may lay down rules that the local authority plans and proposals to be sent to them shall be sent to others who are affected by it.
§ 48. The Council of the Regions, the municipalities and governmental authorities are in the exercise of exercising powers under the law bound by a adopted Natura 2000 plan, including the agreed local authority plans.
Final provisions
Administrative provisions
§ 49. (Aphat)
$50. 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 Minister may lay down rules on the access to appeal decisions taken under the authority of paragraph 1. 1, including that the decisions must not be complainable.
Paragraph 3. The Minister may also lay down rules on the exercise of powers, as a different state authority, having negotiated with the person concerned, as a government shall be authorized to exercise in accordance with paragraph 1. 1
§ 51. The staff or persons of the Ministry of the Environment, Public Health and Food Management, without a court order, have without a court order against the presentation of legitimate access to any property, in part, to technical working and studies. to prepare decisions, on the other, to carry out monitoring by this law or by rules issued under the law.
Paragraph 2. The police shall provide necessary assistance to obtain the information referred to in paragraph 1. 1 mentioned access.
Paragraph 3. The damage and drawbacks caused by the measures referred to in paragraph 1 shall be taken. 1 shall be replaced. Replacement provisions shall be carried out in the absence of any minable agreement of the tariff authority referred to in sections 57 and section 58 of the law on public roads. Regarding the processing of the tariff authority and the fixing and payment of the compensation, the provisions of section 51 to 56 and section 58 a-66 shall apply mutatis muted.
§ 52. The Environment Minister may, with a view to the performance of the surveillance, cf. section 22, for owning or temporary use expropriate rights over immovable property.
Paragraph 2. For the execution of an expropriation in accordance with paragraph 1. Paragraph 1 shall apply mutatis mutilated to the provisions of section 45 and section 47 to 49 of the applicable public service. However, the Minister, who shall carry out the tasks assigned to the road board under the law of public roads, shall apply mutatis mutilated.
§ 52 a. The Environment Minister may lay down detailed rules on the boundaries of the individual municipality of the individual municipality.
Paragraph 2. The Minister may lay down rules on the amendment of Annexes 1 and 2 to the law.
Applause and lawsuits
§ 53. The following decisions may be impaied to the environmental appeal set up under the protection of the environment :
1) The final adopted water plan as regards the setting of the environmental objectives and the programme of action.
2) Questions about the provision of the water plan.
3) A final adopted municipal action plan with regard to content and provision, cf. § § 31 a-31 e.
Paragraph 2. § 102, section 104, paragraph. The provisions of the Committee on the Environment, Section 106 and Section 109 of the Environment, Section 105, section 106 and Section 109 of the environment shall apply mutatis muth to the treatment of cases referred to in paragraph 1. 1.
Paragraph 3. The Environment Minister may lay down detailed rules on the composition and processing of the class and the processing of cases under this law.
§ 54. Decisions taken in accordance with section 45 may be claimed for the purposes of the Natural Board as regards the setting of the objectives and the programme of measures and the creation of the Natura 2000 plan.
Paragraph 2. Decisions taken pursuant to section 46 c may be subject to the Board of Natural Board in the case of the content and provision of the action plan, cf. § § 46 a-46 e.
Paragraph 3. in writing.-(DA) The chairman of the Natural Board of nature may take a decision on behalf of the Board in matters that are not deemed to be of great importance in relation to the purposes of the law.
Paragraph 4. The decisions of the Natural Clause may not be complained to any other administrative authority.
Joint provisions on appeal
§ 55. The following shall be eligible for appeal :
1) The Environment Minister.
2) Anyone who has an individual, significant interest in the outcome of the case.
3) Public authorities.
4) Local associations and organisations, which have a significant interest in the decision.
5) National associations and organisations whose main aims are the protection of nature and the environment.
6) National associations and organisations, which, after their purpose, provide significant recreational interests when the decision affects such interests.
Paragraph 2. In accordance with paragraph 1, 1, no. The Committee on the Environment, Public Health and Consumer Protection may require the associations or organisations to demonstrate their appeal for the submission of statutes.
§ 56. Complainas shall be submitted in writing within four weeks of the notice to be publicly announced. If the time limit expires on a Saturday or a holiday, the deadline shall be extended to the following daily life.
Paragraph 2. The appeal shall be lodged with the authority which has published the decision. The Authority shall send the complaint to the Ecolabel Board, cf. § 53, respectively, the Natural Board of Natural Board, cf. Section 54, accompanied by the decision taken and the material entered into by the judgment.
§ 57. A complaint shall not apply to a complaint, unless the Environment Board Board or the Natural Board of Natural Ass determines otherwise.
Paragraph 2. The Committee on the Environment, Public Health and Consumer Protection may decide to derogate from the deadlines in section 31 c and section 46 c as far as the whole or part of the local authority action plan has been taken in accordance with paragraph 1. 1.
Search Target
§ 58. The examination of decisions relating to matters covered by this law shall be taken within six months of the date of publication of the decision.
Entry into force
$59. The law will enter into force on the 22nd. December 2003.
§ 60. The law does not apply to the Faroe Islands and Greenland.
§ 4
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-9.
Paragraph 2. The Environment Minister shall lay down the date of entry into force of Section 1 (1). 1-23, 26, 49, 50 and 52, or parts thereof, but not later than 1. January, 2007. The Minister may also lay down various types of entry into force for each of the counties. 2) However, the rights and obligations of the regions of the Regions shall not enter into force on the first of the first of these provisions. January, 2007.
Paragraph 3. The affected County Council shall assist the 1 to the 1. The Minister for Tasks, on which the Minister is taking over the first paragraph, shall be 2. The Minister shall decide on aid after discussion with the local authority or municipaster concerned.
Paragraph 4. § 1, no. 30, enter into force on 1. January 2006, so that the Minister shall not later than 1. In July 2006, the individual municipal board shall communicate the amount to which the fee is to be covered by the municipality for the 2007 budget period.
Paragraph 5. The AmtsCouncil shall draw up the basic analysis, cf. section 40 of the Act on environmental and Water Instances and International Natural Protection Areas, for the Natura 2000 areas on land and within the coastal district of the water district by 1. July 2006.
Paragraph 6. Section 4 (4). 5 shall enter into force on the day following the announcement in the law. 3)
Paragraph 7. § 1, no. -51, and section 2, no. 38, enter into force on 1. July 2005.
Paragraph 8. The law on certain procedural matters relating to the local authority reform, including rules issued under the law, shall apply mutatis mutations to the tasks relocations between the County Communes and the State in accordance with section 1, no. 1-23, 26, 49, 50 and 52 of this law before 1. January, 2007.
Niner. 9. Paragraph 8 shall enter into force on 1. July 2005.
§ 5
To the extent that rules in other legislation require the authority to comply with the guidelines at a regional level and where it comes from this legislation, that the obligation to comply with a water plan shall be subject to the obligation to comply with a water plan, the authority concerned shall be obliged to comply with the provisions of the Member in addition to the provisions of section 3 (3), the guidelines laid down in a regional plan which are temporarily, in whole or in part, maintained in full or in part. 1 or 2, or Section 4 (4), Amendment No 2, on the Change of Law on Planning (Provination of Communeal Reform).
§ 12
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2.
Paragraph 2. Section 11 shall enter into force on 1. July 2006.
Paragraph 3. Cases, per. 1. In January 2007, the Environment Board has been submitted to the Committee on the Environment, Completionalised in accordance with the existing rules.
§ 23
Paragraph 1. The law shall enter into force on 1. January, 2007.
§ 16
The law shall enter into force on 1. July 2008.
Appendix 1
Map Exhives
Appendix 2
WATER PLANS
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A.
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The water plan shall include the following :
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1)
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A summary of the basic analysis, cf. § 6. The compilation shall include :
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1.1)
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A general description of the characteristics of the water district shall be :
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a)
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for surface waters :
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i)
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mapping of the location and boundaries of the water area ;
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(ii)
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the mapping of types of surface water bodies in river basins and the adjacent coastal waters ;
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(iii)
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identification of reference conditions for the different types of surface water bodies,
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b)
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for ground water :
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i)
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mapping of the location and boundaries of the groundwater bodies.
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1.2)
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A summary of significant stresses and effects on the condition of the surface water and the groundwater status induced by human activity, including :
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i)
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estimates of point source pollution,
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(ii)
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estidition of pollution from diffuse sources, including a list of land use,
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(iii)
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estimates of the quantity of the water quantity in quantitative status, including the abstraction of the abstraction,
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(iv)
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the analysis of the other effects of human activity on the condition of the water.
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2)
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Information on the location of protected areas, cf. § 7.
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3)
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A designation of areas with special drinking water interests, areas of drinking water interests and areas with limited drinking water interests.
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4)
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Map of the established surveillance net, cf. § 22.
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5)
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Map that shows the state of surface water (ecological and chemical), groundwater (chemical and quantitatively) and protected areas, cf. § 22.
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6)
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Environmental targets for surface waters, ground water and protected areas, cf. section 10, including information on and justifications for the cases where more stringent environmental targets have been set, cf. § 18, and less stringent environmental targets, cf. sections 16 and section 17, where surface waters are designated as artificial or highly modified, cf. section 15, as well as where the time limit laid down in the law is extended, cf. § 19.
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7)
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The programme of measures, including the economic analysis to be drawn up in this connection, cf. § 25, and a summary of the intervention programme, including the indication of how the environmental objectives are achieved through the programme, and on what basis the priority of the objectives and the means to achieve the objectives.
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7.1.
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A summary of the measures necessary to implement Community legislation on the protection of water.
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||||
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7.2.
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A report on the practical steps and measures taken to apply the principle of the cost of water use.
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||||
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7.3.
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A summary of the measures taken to meet the requirements of sections 8 and 13.
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7.4.
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A summary of the measures to control the abstraction and storage of water, including the reference to registers and the identification of cases where exceptions have been made.
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||||
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7.5.
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A summary of the control measures adopted for point source discharges and other activities affecting the condition of water, in accordance with section 25.
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||||
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7.6.
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Identification of cases where direct discharge is granted to the groundwater.
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||||
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7.7.
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A summary of the measures taken on priority substances.
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||||
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7.8.
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A summary of the measures taken to prevent or reduce the impact of pollution accident.
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||||
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7.9.
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A summary of the measures under section 25 for water deposits where the objectives of Chapter 6 of the Act cannot be expected.
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||||
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7.10.
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Details of which additional measures are considered necessary to meet the environmental objectives set out.
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||||
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7.11.
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Details of the measures taken to avoid increasing pollution of marine waters.
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||||
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8)
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A statement of the conditions under which exceptional or not reasonably foreseeable may have been foreseen may be invoked, in accordance with the conditions laid down in the first place. Section 11 (1). 2, including the definition of appropriate indicators.
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||||
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9)
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A summary of the measures taken in the field of information and consultation of the public the results obtained and the changes in the plan that they have resulted.
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||||
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10)
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It's a list of municipal countboards in the water district.
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||||
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11)
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Information on access to the documents and information, etc., used in the preparation of the water plan, and in particular more details of the control measures adopted pursuant to section 25 and which actual measures surveillance data collected according to section 22.
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||||
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12)
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A list of additional plans for submerging countries, sectors, problems or water types, and a summary of their content.
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||||
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B.
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Any revision of the water plan shall contain the following :
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||||
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1)
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An assessment of the progress made to meet the environmental objectives, including presentation of the monitoring results for the previous plan period, in the form of maps and a statement of any environmental objectives that have not been met.
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||||
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2)
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A summary of any changes made following the publication of the previous water plan, cf. Section 3, paragraph 3. 3.
|
||||
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3)
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A summary of and a statement of any measures planned in the previous water plan but were not implemented.
|
||||
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4)
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A summary of the effects of the measures taken or to be taken.
|
||||
1) The law provides for the implementation of parts of Directive 2000 /60/EC of the European Parliament and of the Council of 23. In October 2000, establishing a framework for the Community's water framework (Water Framework Directive) (EC Official Journal 2000), L 327, page 1), Council Directive 79 /923/EEC of 30. In October 1979, the quality requirements for shellfish waters, (EC Official Journal, 1979), L 281, page 47), Council Directive 79 /409/EC of 2. April 1979 on the conservation of wild birds (the Birds Protection Directive), (EC Official Journal of 1979). In the case of 1 (1), 103, page 1, and parts of Council Directive 92 /43/EC of the Directive. May 1992 on the conservation of natural habitats and wild fauna and flora (Habats Directive), (EC Official Journal of 1992). L 206, page 7).
2) The Minister for the Environment has announced No 2. 1122 of 10. In November 2006, on the entry into force of regulations relating to environmental objectives and in the field of aquatic bodies and international protection areas, provision has been made for the law to be entered in paragraph 1. 1-23, 26, 49, 50 and 52, enter into force on 1 1. January, 2007.
3) The law has been announced in Statten the 25th. June 2005.
