Key Benefits:
Chapter 1 Objections, etc.
Chapter 2 Raw materials housekeeping
Chapter 3 Country of condentures
Chapter 4 Occupations of the sea territory and continental cocond
Chapter 5 Expropriation
Chapter 6 Reports and studies
Chapter 7 Supervision
Chapter 7 a Environmental damage
Chapter 8 Administrative provisions
Chapter 9 Search and punishment
Chapter 10 Entry into force and transitional provisions, etc.
Publication of the law on raw materials 1)
In this way, the law on raw materials shall be announced, cf. Law Order no. 1025 of 20. October 2008, with the changes that are being made by paragraph 34 of Law No 1. 1336 of 19. In December 2008 and Law No 515 of 12. June 2009.
Chapter 1
Objections, etc.
§ 1. The law's purpose is to secure :
1) the use of the land and sea raw materials is carried out in the framework of a sustainable development after a concertation of interest and, following an overall assessment of the societal concerns referred to in section 3,
2) such recovery and processing shall be organised in such a way as to form part of the second area use of the area concerned ;
3) a longer term raw material supply,
4) the raw materials are used in relation to their quality ; and
5) natural-bound raw materials as far as possible are replaced by waste products.
§ 2. The law includes stones, gravel, sand, clay, chalk, chalk, turf, mold, mold and similar occurrences. The law shall not apply to raw materials which are subject to the application of Denmark's subsoil.
§ 3. In the light of the law, the emphasis must be placed on the one hand on the scale and quality of raw materials resources and ensuring the exploitation of raw material resources and the taking of commercial interests. On the other hand, emphasis must be placed on environmental protection and water-supply interests, protection of archaeological and geological interests, nature conservation, including the preservation of social values and scientific interests, an appropriate solution ; urban development, infrastructure facilities, land-and forestry interests, anti-aircraft and coastal safety, fishing interests, disadvantages of ship and air transport, and changes in power and bottom conditions.
Chapter 2
Raw materials housekeeping
§ 4. The Environment Minister may, in order to ensure a resource use of the raw materials deposits, lay down rules on :
1) the quantity and quality of raw materials which may be used for the construction of works,
2) for the execution of works works to be used for waste or replacement products, or reusable ;
3) the quantity and quality of raw materials to be used in the manufacture of industrial products,
4) the reprocessing of certain raw materials in the case of the ingraction, and
5) that waste or replacement products and purification and indentation materials (clindry materials) from the Danish sea area must be recovered or recyclable as raw materials.
Chapter 3
Country of condentures
Map planning and planning
§ 5. The Regional Council shall carry out a mapping of the agricultural raw materials deposits on the ground.
§ 5 a. The Committee of the Regions shall draw up a plan for the abstraction of and supply of raw materials. The raw material plan shall be drawn up on the basis of the mapping and shall cover a period of at least 12 years.
Paragraph 2. In the light of an overall assessment of the development in the region and the considerations referred to in Section 3, the regional Council shall set general guidelines for the raw material recovery, including the excavators and crude areas of raw material in the raw material plan.
Paragraph 3. The raw material plan shall not be contested against rules or decisions in accordance with section 3 of the planning or environmental target slop.
Paragraph 4. The raw material plan must not be contrary to the regional development plan.
Paragraph 5. The municipal boards are bound by the raw material plan in their planning and administration.
§ 6. The Environment Minister may lay down detailed rules for the regional Council planning and planning in accordance with sections 5 and 5 (a).
§ 6 a. Prior to drawing up a proposal for a raw material plan or amendments thereto, the Council shall refer to ideas, proposals, etc. for the planning process. Invocation is done by public announcement.
Paragraph 2. The summons must include a description of the status in the area and description of the main issues for future planning. The summons shall be made with a reply period of eight weeks.
Paragraph 3. The Council of the Regional Council's proposal for a raw material plan will be sent out in public consultation with a period of eight weeks to present objections.
Paragraph 4. A raw material plan shall not be adopted definitively if the Minister for the Ministry of Competing of State Interests has resided this in writing to the region of the region before the expiry date has elapsed. The proposal can then only be adopted once a consensus has been reached between the parties on the necessary changes.
Paragraph 5. In connection with the final adoption of the raw material plan, the published plan proposals may be amended. If the amendment is amended in a significant manner, other authorities or citizens other than those who have objected to the amendment, the adoption of this plan may not take place until they are given the opportunity to express their views. The Environment Minister must have the opportunity to express their views on substantial changes in a proposal for a raw material plan. The Committee of the Regions shall set a date for this. If the amendment is so comprehensive that a new plan is actually available, then this must be published in accordance with the rules laid down in paragraph 1. 3.
Paragraph 6. The Committee of the Regions shall ensure the public announcement of the final adopted raw material plan. The announcement shall be provided on the draft guidelines and the time limit for the complaint. At the same time, the raw material plan shall be sent to the Environment Minister and to other authorities whose interests are affected. The raw material plan shall be made available to the public.
Paragraph 7. The Region Council shall review the raw material plan every four years in the context of the review of the regional development plan in order to assess whether there is a need for adjustments or audits. A statement shall be made to be issued in public consultation for at least eight weeks. On this basis, the region shall decide whether there is a need to draw up a new raw material plan.
Paragraph 8. The procedure for drawing up additions to a raw material plan shall comply with the provisions of paragraph 1. 1-7.
Niner. 9. The Environment Minister may, in particular cases, impose a raw material plan with a specific substance to the regional council.
Permission and so on.
§ 7. Acquisite recovery of raw materials and the establishment of facilities for the extraction point for use in the abstraction shall be subject to authorization only from the municipality board. The permit for the abstraction of seashells and other coastal routes where there is no cohesive land vegetation can only be communicated by the Kybspect.
Paragraph 2. Non-commercial gains of more than 200 m3 of each year and a sample heavings of more than 200 m3 must be notified to the council of the local authorities before the entry or the test plot is started. The notification shall contain information on the catchment area and the nature, quantity and use of the raw material. The local authority shall, within four weeks of notification of the notification, be subject to the conditions for the ingress or the excavation. On beaches and other coastlines where there is no cohesive land vegetation, the local authorities may, at any time, prohibit any additional abstraction or make special conditions for the recovery.
Paragraph 3. post-treatment must be carried out either on an ongoing basis or after the end of non-commercial gains and excavations as referred to in paragraph 1. 2.
§ 8. An application for authorization in accordance with Article 7 shall also apply to the application for authorization under other legislation for the ground of raw material in the soil.
§ 9. Authorisation for the abstraction of raw materials may be granted for up to 10 years. In specific cases, a permit may be granted for a longer period.
Paragraph 2. In the field of authorisation, other raw materials may be recovered or greater than specified in the authorization, provided that the local authority board is notified within four weeks of the commencing of the abstraction of the undertaking concerned. The local authority may, within four weeks of notification of the notification, prohibit any further abstraction that is contrary to the authorisation or to make special conditions for the entry into question.
§ 10. A permit in section 7, paragraph. 1, must contain terms and conditions
1) the operation and processing of the area in order to reduce environmental nuisance and prevent pollution of groundwater and soil ;
2) ensuring that the intake area is being mistresed, and
3) the incorporating and after-processing shall take place at a level approved by the municipality Board and which contains the main elements of the intake and after treatment.
Paragraph 2. A permit may contain conditions that the raw materials must be worked out in the best possible way in relation to their quality or to be used for particular purposes.
Paragraph 3. The local authorities may lay down additional conditions in order to carry out the considerations referred to in section 3.
Paragraph 4. The security shall be referred to in paragraph 1. 1, no. 2, in accordance with a self-aid operation, the municipality ' s expenditure shall cover the costs of a self-handling operation. Section 33 (4). 3. The local authorities shall be able to regulate the size of the security-size, where the basis for the calculation is substantially changed.
Paragraph 5. Conditions attached to a permit in accordance with paragraph 1. 1, are binding on owners and holders of other rights over the property, without regard to when the right has been set.
Paragraph 6. The local authority is anchors to the property of the property on the property of the owner's tab. However, further conditions as a result of prohibition of section 52 of the Act of Contaminated Land shall be set up for the municipality ' s expense.
Paragraph 7. A permit after paragraph 1. 1 lapses if it is not used within three years of its notification or has not been used in 3 consecules the following years.
§ 11. A permit may, in the event of a serious or repeated violation of conditions or of the legislation, be revoked by the municipality Board.
Paragraph 2. A licence for on-board extraction of seashells and other coastal routes where there is no cohesive land vegetation may at any time be restricted or revoked by the municipalities ' s Administrative Board.
Notify and appeal
§ 12. The local authority must inform the complaints entitled, cf. in writing. section 15, on decisions which may be claimed after paragraph 13. Notify to those referred to in section 15, nr. 4-7 may, however, take place at public advertising unless the appeal has been requested in writing by the complaunciation.
§ 13. The local authority decisions by the law or the rules laid down by the law may, in the case of deposits on the ground, be complained to the Natural Board after the provisions of section 14-16. The Municipal Management Board ' s decisions in accordance with section 7 (4). 2, section 9 (4). However, paragraph 11 may not be complained to another administrative authority.
Paragraph 2. The decisions of the Committee of the Regions may, in the case of legal matters, be complained to the Natural Board after the provisions of section 14-16.
Paragraph 3. The decisions of the Minister for the Environment, which are laid down in accordance with the provisions of the Act of the Law, may be subject to the Board of Natural Board in accordance with section 14-16 of the provisions of section 14-16. The decisions of the Committee on the Environment, Public Health and Consumer Policy, or in accordance with the rules laid down in accordance with the law, may not be complained to any other administrative authority in any case.
§ 14. The Chairman of the Natural Board of Natural Board may, on behalf of the Board, make a judgment on complaints after the law, when the complaint is deemed not to contain matters of very significant interest in the law.
Paragraph 2. The decisions of the Natural Clause may not be complained to any other administrative authority.
§ 15. Complactible
1) the addressable address of the decision,
2) public authorities,
3) a concerned national park fund, established according to the law of national parks,
4) local associations and organisations, which have a significant interest in the decision,
5) national associations and organisations whose principal 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, and
7) any individual interested in the decision.
Paragraph 2. Decisions in accordance with Chapter 7 (a) may be complained by the persons, organisations, etc. referred to in paragraph 1. 1, no. One and four-seven.
Paragraph 3. In accordance with paragraph 1, 1, no. 5 and 6, cf. paragraph 2, may the nature of the Natural Board require associations or organisations to document their appeal for the submission of statutes or in a different way.
§ 16. The time limit shall be four weeks from the date on which the decision has been announced. However, the decision shall be made public, however, the time limit shall always be deduction from the notice. If the time limit expires on a Saturday or public holiday, the deadline shall be extended to the following daily life.
Paragraph 2. Complaguing shall be submitted in writing to the authority which has taken the decision. The competent authority shall forward the complaint to the Natural Board, accompanied by the decision taken and the material entered into by the judgment of the case.
Paragraph 3. A permit may not be used before the time limit has expired.
Paragraph 4. Punctual appeal shall take effect on the impacted decision, unless the court decides otherwise.
Investiresearch
§ 17. The Minister for the Environment, Public Health and Consumer Policy may lay down rules that the investigation of raw materials in specific cases may be subject to authorisation from the region of the region.
Chapter 4
Occupations of the sea territory and continental cocond
Map planning and planning
§ 18. The Minister for the Environment is conducting the mapping of raw materials on the sea turf and the continental cocond.
Paragraph 2. The Environment Minister may, on the basis of the mapping provided for in paragraph 1. 1 prepare plans for the raw material intake.
Approval of intake stock
§ 19. (Aphat)
Permission to investigation and abstraction
20. Those of the law included raw materials on the sea territory and the continental ox belong to the Danish State. Investigation and the abstraction of raw materials on the sea turf and the continental ox may not be granted only by authorisation granted by the Minister for the Environment, according to that law.
Paragraph 2. The Environment Minister may, in accordance with the conditions laid down in accordance with section 21, grant permission for the investigation or the abstraction of one or more raw materials in the following ways :
1) Permission of exclusive use for investigations or abstraction may, after public call for applications, on the basis of specified criteria, including a minimum programme of investigation and environmental assessment, be granted on the basis of the size of : the payment made by the applicants for the authorization of the recovery permit. If several applicants offer to pay the same remuneration, additional tenders shall be submitted by those applicants.
2) Permission for investigation or abstraction in areas covered by section 22 (3). 1 may be notified in accordance with the application.
3) The permit for the investigation or the abstraction of sand for higher fulfillment tasks, for coastal protection and for the recovery and depth of the cleaning materials may be communicated to the developer.
4) Permission to investigate without subsequent intake rights may be granted in accordance with the application.
Paragraph 3. Permission granted in geographical delimited and environmentally-valued areas may be authorised only.
Paragraph 4. The sewing of the seastone of the el.lign may not be authorised.
Paragraph 5. For the authorization, the emphasis must be placed on an assessment after sections 1 and section 3.
§ 20 a. Authorisation pursuant to section 20 shall be granted for a period of time. Authorisation for the purposes of investigation and abstraction shall be communicated to each of them. In a permit for investigation after paragraph 20, paragraph 20. 2, no. 1, the applicant may grant preferential rights to the ingeration permit. In the case of a predetermined priority, the examination and investigation data must be treated as confidential within a specified period of time, cf. paragraph 5.
Paragraph 2. Permission by Section 20 may not be given in areas with a water depth of less than 6 m.
Paragraph 3. The Environment Minister may, in the case of abstraction in areas of less than 6 m, make exception from the provision in paragraph 1. 2, when a valuable commodity instance can be recovered without the intake in conflict with major cultural and natural values.
Paragraph 4. It shall be the responsibility of the applicant for a permit in accordance with section 20 to carry out the necessary surveys and environmental assessments.
Paragraph 5. The Environment Minister shall lay down detailed rules for the notification of 20, including the conditions for and the holding of auctioning and over-bidding, criteria relating to auction, time limits, exclusive and confidential treatment of investigations ; the examination data and the authorisation system, by the way.
§ 21. A permit after section 20 to investigation may contain
1) the terms and conditions of the annual remuneration of the State, which, on the basis of the offers offered, will be set out in the ex-winding-up permit,
2) the conditions for the implementation and content of the raw materials geological investigation of the area, including the extent of the investigation, plan for the phase of investigations, schedule and progress of the investigation ;
3) planning and resource economic conditions, including terms and conditions that the raw materials must be used for specific purposes ;
4) terms to limit the environmental, cultural and nature effects of the investigation ;
5) terms and conditions for reporting of the course of investigations and results, including the time limit for the reporting and the period for application for authorisation for abstraction,
6) the conditions under which the authorisation should be used and whether the withdrawal of the authorization should not be used within a fixed period of time ;
7) the terms of notification of the investigative material used and the terms of its recovery, including that the research material must be equipped with and shall use, in particular, the use of electronic control equipment for the registration of the intake vessel ; position and work etc., and
8) additional terms and conditions for taking account of the considerations referred to in section 3.
Paragraph 2. A permit in accordance with section 20 for abstraction may include :
1) conditions for the implementation of the recovery, including the restriction of the environmental, cultural and natural effects of the environment, and on monitoring ;
2) planning and resource economic conditions, including terms and conditions that the raw materials must be used for specific purposes ;
3) conditions for the measurement of compliance with conditions relating to the area of the area, if any after-treatment as a result of the results of the control measurements, the measurement and subsequent environmental monitoring ;
4) conditions for the provision of such measures to be provided for the implementation of the measures referred to in point (2). 3,
5) terms and conditions of transfer of the authorisation,
6) the conditions for use of the permit, including annual windingage, and whether the authorisation should not be used if it is not used within a specified period of time ;
7) the conditions for notification of the windingstock used and the terms of its recovery, including the incorporation material, to be fitted with and use, in particular, electronic control equipment for the registration of the position of the extraction vessel ; and work and so on, and
8) additional terms and conditions for taking account of the considerations referred to in section 3.
Paragraph 3. The Minister for the Environment, Public Health and Consumer Policy, shall lay down in a permit for investigation or for abstraction under 20 conditions for payment of remuneration to the state, cf § 22 a. In wind-down permits, where the raw material is used for inshore protection under a licence from the transport minister, cf. section 16 (4). 1, in the law of coastal protection, the payment of remuneration may not be provided. The same shall apply to the ingerations to the civil engineering works on the sea turf and the continental cocond adopted by law.
Paragraph 4. In recovery permits in accordance with section 20 (4), 2, no. 3, for public developers for the development or use of roads, bridges, railroads and digests, no such charges shall be made for payment.
§ 22. The Minister for the Environment, Public Health and Consumer Protection shall be notified by the Environment, Public Rating and establishing rules for the authorisation of investigation and abstraction in these areas, including amending and revocation and conditions under section 21.
Paragraph 2. In the case of an area which is laid down in accordance with paragraph 1. 1, has not been used for 3 consecution years, is hereby repealed.
Paragraph 3. The Environment Minister may, by proclamations, lay down areas reserved for raw material supply including specific raw material supply requirements.
Remuneration
§ 22 a. As payment for an authorization after paragraph 20 (3). 2, no. 1, an area payment shall be paid at 25 000 kr. annually per a square kilometre of allowable intake area and a production fee of at least 2,50 kr. per Cubic metres of raw materials.
Paragraph 2. As payment for an authorization after paragraph 20 (3). 2, no. $2. $8. per Cubic metres of raw materials. Where the winner has incurred the investigation and environmental assessment in the area in question, 6 kr is payable. per Cubic metres of raw materials.
Paragraph 3. As payment for an authorization after paragraph 20 (3). 2, no. 3, a land payment shall be paid at 25 000 kr. annually per a square kilometre and a production fee of an amount per year. cubic metres of raw materials corresponding to an average of achieved auctioning prices from comparable areas. If it is not possible to calculate an average price, the production fee will be 2,50 kr. per Cubic meters.
Paragraph 4. Charges shall not be paid for purification and rectal material recovered.
Paragraph 5. For the issue of post-investigation authorisation in accordance with section 20 (3). 2, no. 1 and 3, the security of an amount equal to an annual area payment shall be lodged, cf. paragraph One and three. The requirement for a security shall be suspended when a subsequent authorisation is issued, or when there is a complete investigation report.
Paragraph 6. The Environment Minister may lay down detailed rules on the remuneration rates, including changing these or determining that these must be indexed.
Paragraph 7. The Environment Minister shall lay down rules on the collection of charges, including the payment of interest and fees when payment is made too late and that the collection and administration of the remuneration may be brought to another State authority.
VM procedure
-23. Authorisation pursuant to section 20 for the gains of ingains that may be considered to affect the environment are significantly disclosed in the light of an assessment of the environmental impact on which the public, authorities and organisations have had the opportunity to : pronounce.
Paragraph 2. The Environment Minister may lay down detailed rules on the gains covered by paragraph 1. However, 1. Facilities, including ingains, which are regulated in detail by special law, are exempted.
Paragraph 3. The Minister may lay down rules on the notification and consultation of the public, authorities and organisations.
Disposal, withdrawal or modification of permissions
§ 24. A permit after 20 lapses shall be suspended unless otherwise specified in the terms of the permit, if not used within three years of its notification, or has not been used for three consecutive years.
Paragraph 2. The Environment Minister shall take measures to prevent the deterioration of natural habitats and habitats of species in international protection of nature and the disturbance of the species designated for which such disturbances are significant ; consequences for the objectives of the Directive on the conservation of natural habitats and wild fauna and flora. The Minister may, in particular, notify injunction or prohibitions, establish new terms and conditions, and amend or withdraw authorizations and approvals.
Paragraph 3. The Minister for the Environment may, at any time, restrict or withdraw a permit after Article 20.
Facility on continental cocond
§ 25. Danish law applies to installations which are in the socket area for the purposes of the abstraction of the continental cot. For the purpose of determination of the Danish courts and the administration authorities, the facility shall be taken into account for the area nearest to the environment unless otherwise determined by the Minister for the Environment.
Crow
SECTION 26. Decisions to be taken by the Minister for the Environment, in accordance with Chapter 7 a, may be made to the Board of Natural Board.
Paragraph 2. Decisions to be taken by the Minister for the Environment, 20, 23 and 24 or Decisions adopted in accordance with Article 20 (a) (1). 5, and section 23 (4). In the case of a level of protection of cultural heritage, nature and the environment, may be enclamed for the Natural Board. The same shall apply to decisions taken pursuant to section 22 (3). 1, on the conditions of the development of areas for common raw material recovery.
Paragraph 3. However, decisions on the individual abstraction of up to 50 000 m3 of the cleaning and exploration materials for recovery may not be complained to any other administrative authority. The same shall apply to decisions in accordance with section 20 (3). 2, no. 2 that contain terms and conditions laid down in rules adopted pursuant to section 22 (2) ; 1.
Paragraph 4. The Chairman of the Natural Board of Natural Board may, on behalf of the Board, make a judgment on complaints after the law, when the complaint is deemed not to contain matters of very significant interest in the law.
Paragraph 5. The decisions of the Natural Clause may not be complained to any other administrative authority.
§ 26 A. Complactible
1) the addressable address of the decision,
2) public authorities,
3) a concerned national park fund, established according to the law of national parks,
4) local associations and organisations, which have a significant interest in the decision,
5) national associations and organisations whose principal 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,
7) Danish Industry,
8) Denmark's Rederivatives,
9) United of Danske Ral-and Sandsugers,
10) Denmark's Fisheries Association and
11) any individual interested in the decision.
Paragraph 2. Decision of the abstraction of the abstraction, cf. Section 23, paragraph 1. 1, may be presumed to significantly affect the environment and permit the use of sections 20 for such abstraction to be accompanied by local associations and organisations whose main purpose is the protection of nature and the environment.
Paragraph 3. Decisions referred to in Chapter 7 (a) may be complained by the group of the complainable person referred to in paragraph 1. 1, no. One, four to six and eleven.
Paragraph 4. In accordance with paragraph 1, 1, no. 5 and 6, cf. paragraph 3, may the nature of the Natural Board require the associations or organisations to document their appeal for the submission of statutes or otherwise.
Section 26 b. The time limit shall be four weeks from the date on which the decision has been announced. However, the decision shall be made public, however, the time limit shall always be deduction from the notice. If the time limit expires on a Saturday or a holiday, the deadline shall be extended to the following daily life.
Paragraph 2. Complaints shall be submitted in writing to the Minister for the Environment, which shall forward it to the Board of Nature accompanied by the attached decision and the material given in the assessment of the case.
Paragraph 3. A permit may not be used before the time limit has expired.
Paragraph 4. The right to appeal shall take effect on the alleged decision, unless the nature of the Natural Board is not to decide otherwise.
Paragraph 5. The Minister for the Environment may lay down rules on the provisions of paragraph 1 3 and 4 shall not apply to certain species of decisions.
Paragraph 6. The Environment Minister may lay down rules on the notification of the complaints.
Chapter 5
Expropriation
§ 27. The local authority may expropriate immovable property which do not belong to the State and rights over such property when the expropriation will be of major importance in order to implement a planning for the promotion of the objectives referred to in section 1.
Paragraph 2. In the case of expropriation to the acquisition of property rights, all rights over the expropriated, unless otherwise determined in the individual case.
Paragraph 3. In the implementation of the execution of the expropriation, the provisions of section 47-49 shall apply mutatis mutilated.
Paragraph 4. The Taksasaan authorities shall lay down compensation for expropriation in accordance with paragraph 1. 1.
Paragraph 5. Subject to the treatment of the tariff authorities and the fixing and payment of the compensation, the provisions of section 51 to 56 and 59-67 shall apply mutatis mutilatias.
Chapter 6
Reports and studies
§ 28. Within three months of carrying out a raw material drilling or a test graph in the soil, within three months of completion, the National Geological Investigations for Denmark and Greenland (GEUS) and the City and Landings Management Board shall notify the National Geological Investigation and City and Rural Development Office within three months of the execution. on the location of the drilling, the land and the water level, as well as submit samples to the drilled layers. In the same period, the quality of geofy studies and other on-line studies, including the quality of the raw material, shall be reported to the National Geological Investigations for Denmark and Greenland (GEUS) and the City and Lands; City and Rural Development Office.
Paragraph 2. The Environment Minister may lay down detailed rules for the execution of drilling for raw materials. The Environment Minister may lay down detailed rules on the information to be submitted to the National Geological Studies for Denmark and Greenland (GEUS) and the City and Rural Development Agency and that information in specific cases should not be reported.
§ 29. The Minister for the Environment may lay down rules on the provision of raw material recovery information, including the location, nature and quantity of the deposits obtained, of their use and that the information is to be provided ; electronically.
Access to studies on foreign soil
-$30. The Minister for the Environment, Public Health and Food may, on a strange grounds, allow drilling, geo-testing studies and other technical working and studies to be considered necessary in the context of tasks following this law.
Paragraph 2. At least two weeks in advance, written notice shall be given to owners and users of property or, where this is not possible, be published in one or more local leaves.
Paragraph 3. Damage to the tests shall be replaced.
Paragraph 4. In the absence of any agreement, it shall be incumliable to the one who has allowed the measure to issue the replacement question for the TaksaCommission Commission. Law on public roads § § 51 to 58 shall apply mutatis mulaam.
Chapter 7
Supervision
§ 31. The local authorities shall ensure that the law and the rules laid down by the law are complied with by the local authority, that the law and the rules laid down in the law are complied with, to be imposed or prohibitive, and that the conditions laid down in the Member State are complied with.
Paragraph 2. The Environment Minister shall ensure that, in the case of the abstraction and investigation of crude substances on the sea territory and the continental ox, the law and the rules laid down by law in the law are complied with to comply with or prohibit the provisions laid down in the law and that the conditions laid down in permits are met.
Paragraph 3. The Supervisory Authority, cf. paragraph 1 and 2, in the absence of a subordinate relationship, the anchidling of an illegal relationship must be lawfully.
Paragraph 4. The Environment Minister may lay down detailed rules for the exercise of the supervisory authority of the municipal management board.
Paragraph 5. The Minister for the Environment may decide that supervision should be exercised by other authorities.
§ 32. The Minister for the Environment, Public Proposal or persons authorised to do so shall without a court order access to public and private properties and premises and ships or other invinciencies to exercise the powers, they have been formed under this law, including in order to carry out studies of importance for the purposes of the law. Credentials must be available upon request.
Paragraph 2. Paragraph 1 shall not apply to buildings or parts of buildings which are used exclusively for private habitation. Paragraph 1 shall not apply mutatis muters to spaces on ships exclusively used for private habitation.
Paragraph 3. The police provide necessary assistance to take advantage of the access rights provided for in paragraph 1. 1.
Paragraph 4. In the investigation of business operators, the holder and employed persons shall provide the persons referred to in paragraph 1. 1 the authorities shall, where appropriate, provide guidance and assistance.
§ 33. It shall be incumrient to the owner or user of an estate or intake material, to enrich an illegal relationship, unless otherwise provided by Chapter 7 a.
Paragraph 2. The Supervisory Authority, cf. Section 31 (1). 1 and 2, for the owner ' s expense, allow an injunction to enrich an illegal situation on the property. When the relationship is enriched, the competent authority must leave the request to cancel the request from the register.
Paragraph 3. In the section of section 31 (1), In this case, the supervisory authority shall notify the person responsible of the fact that the illegal relationship must be terminated. This may be done by means of an injunction or a ban. In this context, the supervisory authority may, inter alia,
1) invite the responsible person to restore the state of the date,
2) allow the necessary measures to be carried out on behalf of the person responsible for the expiry of the period laid down,
3) prohibit continued operation and, if necessary, the removal of the undertaking
Paragraph 4. Decisions by the Supervisory Authority after paragraph 1 3 cannot be complained to another administrative authority.
Chapter 7 a
Environmental damage
§ 33 a. An environmental damage or an imminent threat of environmental damage shall be understood in accordance with sections 7 to 11 in the environmental protection law.
§ 33 b. The operator responsible for the operation is understood to be the driver of the operation or controls the commercial activity.
Paragraph 2. The person responsible for environmental damage or an imminent risk of an environmental damage caused in connection with the handling of the winding-up waste shall be understood to be responsible for operation, regardless of the damage or imminent threat of injury to the environment ; happened.
Paragraph 3. The person responsible for environmental damage or an imminent risk of environmental damage to protected species or international natural protection areas as laid down in sections 7, 10 and 11 of the environmental protection laws, which are not covered by paragraph 1, shall be liable. 2, the operator shall be responsible for the operation if the damage or the imminent threat of injury is caused by the discredited behaviour of the person concerned.
§ 33 c. The operator responsible for the operation must in the event of an environmental damage or an imminent risk of environmental damage immediately notify the supervisory authority, cf. Section 31 (1). 1 and 2, concerning all relevant aspects of the situation.
Paragraph 2. The operations responsible for the operation must immediately put into effect the necessary preventive measures to prevent an imminent threat of environmental damage. The operator responsible for the operation must, in the event of an environmental damage, implement any practicable application which can limit harm's scope and prevent further injury ;
Paragraph 3. The supervisory authority shall ensure that the duties of paragraph 1 shall be obliged to : 1 and 2 are fulfilled, even if no decision has yet been taken after paragraph 33 g.
§ 33 d. The Supervisory Authority may provide the competent authority responsible for providing the information which is relevant to the assessment of the existence of an environmental damage or an imminent threat to environmental damage. The operator responsible for the operation may, in particular, be required to conduct studies, analyses, the measurement of substances and similar cases. in order to clarify the cause and effect of a site-found impact on the natural environment or environment.
§ 33 e. Opens after paragraph 33 may be communicated, regardless of whether the service responsible is available to the premises or the intake stock, where an impact on nature or the environment is influencing. A duty to recover the property or the intake material must be established in the tender.
Paragraph 2. Where the competent authority is not available to the premises or the intake material, the supervisory authority may notify the person who has the property or the intake material, to the point of withholding the investigation and so on by it, responsible for operations. The tender shall be binding on the property available to the property or the intake material at any time.
§ 33 f. The leting to limit the scope of the environment and prevent further environmental damage shall not apply if the person responsible for the operation as referred to in section 33 b (b) is not valid. 2, may prove that the environmental damage is done
1) has been caused by third parties and have entered, in spite of the appropriate security measures taken,
2) is due to compliance with non-derogating requirements laid down by a public authority, unless the rules are provided by injunction or instructions resulting from their own activities ; or
3) have been caused by an emission or event expressly authorized in accordance with and fully in accordance with the conditions laid down in a permit or with rules so detailed that they may be treated as such with a permit and not, is the result of its own irresponsible behaviour.
Paragraph 2. The lettor to avert an imminent threat of environmental damage shall not apply if the person responsible for the operation as referred to in section 33 b (b) is not valid. 2 may prove that the danger is due to the conditions set out in paragraph 1. 1, no. One or two.
§ 33 g. If there is an environmental damage or an imminent threat to environmental damage caused by activities referred to in section 33 b (b), 2 or 3, which are to be dealt with in accordance with the environmental protection law, shall take a decision on this subject.
Paragraph 2. Decision pursuant to paragraph 1. 1 on the existence of an environmental damage caused by activities referred to in section 33 b (b) ; 2, cannot be taken if the operator responsible for the operation can prove that there is a relationship as referred to in section 33 f, paragraph 1. 1.
Paragraph 3. Decision pursuant to paragraph 1. 1 on the existence of an imminent risk of environmental damage caused by activities referred to in section 33 b (b) ; 2, cannot be taken if the operator responsible for the operation can prove that there is a relationship as referred to in section 33 f, paragraph 1. 1, no. One or two.
Paragraph 4. The Minister for the Environment may lay down rules that the municipality Board shall submit a draft decision pursuant to paragraph 1. 1 in order to obtain a binding opinion from the Minister for the Environment, concerning the existence of an environmental damage or an imminent threat of environmental damage to the environment, which shall be considered at the level of the environment. The Minister for the Environment may also lay down rules that the binding opinion may only be lodged in the framework of a complaint against a decision in accordance with Chapter 2 or 3 of the Environmental Protection Agency.
§ 33 h. Where an environmental damage affecting or may affect another EU country, the regulatory authority shall take a decision on this matter, regardless of whether there may be no decision on who is responsible for the environmental damage, in accordance with paragraph 33.
§ 33 i. In cases where the local authorities are supervisors, the municipality board shall send the decision that there is an environmental damage or an imminent threat to environmental damage and the material that has been concluded in the assessment of the case, to the Minister for the Environment. Forwarding must be carried out simultaneously with the notification of the person responsible.
Paragraph 2. The city council will publish the decision.
Paragraph 3. The Environment Minister may lay down rules on the publication.
Paragraph 4. Decision that an environmental damage or an imminent threat to environmental damage to be treated on the environment may first be lodged in the framework of a complaint against a decision taken in accordance with Chapter 2 or 3 of the environmental protection environment. The period of appeal shall run for the period of time as the period of time for the decision on the environment, and the complaint shall be submitted in accordance with section 52 of the environmental protection environment.
$33 j. If a redress after paragraph 15 (3), 2, and section 26 (a) (a), 3, having an environmental damage or an imminent threat of environmental damage, the supervisory authority shall, at the request of the complainator, decide upon the request of the complainator, after section 33 g or section 33 h.
Paragraph 2. The request shall be accompanied by pertinent information about the supposed environmental damage or the imminent threat of environmental damage.
Paragraph 3. The Supervisory Authority may refuse to decide on the existence of an environmental damage or an imminent threat to environmental damage if the request is not accompanied by the information referred to in paragraph 1. 2.
Chapter 8
Administrative provisions
§ 34. The Minister for the Environment may lay down rules on the application of an application for authorisation for investigation and on-call recovery, including that of the examination programmes for the application prior to the approval of the minister. It can be determined that an application must be submitted in a special form. It may also be stipulate that the application must be submitted by electronic means and that the data be filed in a specific format.
$35. The Environment Minister may lay down detailed rules for the administration of section 7 of the municipal management board.
Paragraph 2. The Minister for the Environment may, in the course of negotiations with the person concerned, lay down rules for cooperation between the regional council and other authorities. The same applies to cooperation between the municipal boards and other authorities.
§ 36. The Minister for the Environment, Public Health and Consumer Policy may lay down rules for the authorisation of Article 7 ( 1, in more detail cases of more far-reaching importance shall be communicated to the Minister.
Paragraph 2. The Minister for the Environment, Public Health and Consumer Policy may decide to adopt the powers of the regional council or the municipality of Communicipal Management in matters affecting other authorities ' legal duties or of greater importance.
Information to be confidential
§ 37. The Environment Minister may require the regional advices and the municipal boards to provide information for the assessment of conditions covered by the law. This information may be issued in a given form.
Delegation of the minister's powers
§ 38. 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.
Experts of advice
§ 39. The Environment Minister may be able to provide expert advice on adviseting the authorities on matters of raw materials.
Fees
§ 40. The Minister for the Environment, Public Health and Consumer Policy may lay down rules on charges for whole or partial coverage of the authorities ' costs of administration and supervision of the law
International obligations
§ 41. The government may enter into agreements with foreign states on common measures for the purpose of the law.
Paragraph 2. The Environment Minister shall lay down rules for the fulfilment of international agreements concluded in accordance with paragraph 1. 1.
Paragraph 3. The Environment Minister shall lay down rules necessary for the application in this country by the regulations of the European Communities relating to matters covered by this law.
Paragraph 4. The Environment Minister shall lay down for the implementation of the Directives and decisions of the European Communities in the field of protection of nature, in which case and under which conditions permit, in section 7 (3). 1 and 2, and 20 may be communicated, as well as rules on the content of planning in accordance with section 5 a, cf. § 6.
Bornholm Municipality
§ 42. The tasks and powers that the law attaches to the region shall be carried out on behalf of the Bornholm Regional Committee by the municipality of the Provinal Board.
Chapter 9
Search and punishment
§ 43. The search for decisions under the law or the rules laid down by the law shall be established within six months after the decision has been issued. However, the decision shall be made public, however, the time limit shall always be considered by the notice.
Paragraph 2. Questions that can be tested by the Takering Commission, cf. § 27, paragraph. 4, and section 30 (3). 4, cannot be brought before the courts until the decision of the Trantational Mission is available.
§ 44. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :
1) is in violation of section 7, section 9 (4). 2, section 16 (4). 3, 20. 20, section 28 (4). Paragraph 1, and section 33 (4). 1,
2) will override the terms or restrictions laid down in a permit or in connection with a notification under the law or in accordance with the rules issued under this,
3) prohibiting prohibition or injunction as referred to in section 7 (3). 2, section 9 (4). Article 31 (2) and Article 31 (3). 3, or omits to comply with prohibitions or inautitions issued in accordance with the rules laid down in accordance with the law ;
4) the authorities ' access to property, locations, ships or windingstock, in contravention of section 32 (2), are discouraging. 1 or fail to comply with a request in accordance with section 32 (3). 4, or
5) omits to provide information or to take measures as referred to in section 33 c.
6) (Repeared) 2) ()
Paragraph 2. The sentence may go to prison for up to a period if the infringement has been committed intentionally or by gross negligence and if there is a breach of the infringement proceedings ;
1) damage to the environment or to the detriment of the environment, or
2) obtained or intended for the economic benefit of the person concerned itself or others, including in the case of savings.
Paragraph 3. In the rules adopted under the law, penalties may be imposed on penalties for infringements of the provisions of the rules. It may also be laid down that the sentence may go to prison for up to a period of one year under the provisions referred to in paragraph 1. Two, given the circumstances.
Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
Paragraph 5. If the yield not confiscated resulting from the violation, then due to the measurement of fine, including adjectates, shall be taken in particular account of the size of a achieved or intended financial benefit, cf. paragraph 2, no. 2.
Paragraph 6. Case files are handled as police business. The legal means of Chapter 73 of the Court of Justice shall be used to the same extent as in the case of prosecutors.
Paragraph 7. The limitation period for the liability shall be five years for infringement, etc. as referred to in paragraph 1. 1 and for infringements of rules laid down in accordance with the law.
§ 45. (The case).
Chapter 10
Entry into force and transitional provisions, etc.
§ § 46-47. (excluded)
§ 48. The law shall enter into force on 1. However, Article 46 shall enter into force on 1 January 1992. August, 1991.
Paragraph 2. Law No 237 of 8. June 1977 on raw materials is hereby repealed. Section 5 (5). Three and four, in the law. 285 of 7. In June 1972 on the exploitation of rock, gravel and other natural occurrences in the soil and in the sea territory shall remain in force until 30. In June 2003 for other raw materials other than stones, gravel and sand.
§ 49. Rules issued in accordance with the provisions of section 46. 2, and section 48 (3). 2 remain in force until they are resolved by rules laid down in accordance with this Act ; the penalties imposed shall be penalised according to the applicable rules.
Paragraph 2. Free-State trials approved in accordance with the rules referred to in Section 47 remain in force.
$50. Decisions to be made according to the rules referred to in section 46, no. 2, section 48, paragraph. 2, and § 49, retain their validity until a decision is made in accordance with the law or rules issued with legal basis in the law. The withdrawal of such decisions shall be punished in accordance with the rules in force in the past.
§ 51. (Aphat)
§ 52. The right of raw material abstraction in accordance with notification after paragraph 5 (5). 1, no. 1-3, in the law. 285 of 7. In June 1972 on the exploitation of stones, gravel and other natural occurrences in the soil and in the territorial waters of other raw materials other than stones, gravel and sand on 1. July 2003 cf. however, § 52 a.
§ 52 a. The abstraction of other raw materials other than sand, gravel and stones covered by a notification after paragraph 5 (3). 1, no. 1-3, in the law. 285 of 7. In June 1972 on the exploitation of stones, gravel and other natural occurrences in the soil and in the sea territory must after 1. July 2003 shall take place only if the authorization has been issued in accordance with section 7 (2). 1.
Paragraph 2. A holder of an untapped right to the abstraction of other raw materials other than sand, gravel and stones covered by a notification after paragraph 5 (3). 1, no. 1-3, in the law. 285 of 7. In June 1972 on the exploitation of stones, gravel and other natural occurrences in the soil and in the sea, shall in order to retain the right to the abstraction before 1. On July 2003, the Council of Ministers for the abstraction of the abstraction of the abstraction shall apply. 1, or inform the county council that the right to the abstraction is kept. This will extend the right to abstraction to 1. July 2028.
Paragraph 3. The Environment Minister may lay down detailed rules for the information on the extension of notified rights to be included.
§ 53. The law does not apply to the Faroe Islands and Greenland.
§ 93. The law shall enter into force on 1. July 1992.
§ 2. In the Act of the Continental Cocene, cf. Law Order no. 182 of 1. May 1979, as amended by section 46 of the Act of Law. 357 of 6. June 1991, the following is amended as follows :
1. Section 2 (2). ONE, TWO. pkt., ITREAS :
§ 3. The law shall enter into force on 1. January 1997.
Paragraph 2. Cases before the entry into force of the law shall be submitted to the Environment Minister, according to section 25 of the Ministry of the Environment, Public Health and Consumer Protection 217 of 21. In March 1994 on the execution of tasks and powers to Forest and Fish and Wildlife Services, they shall be processed in accordance with the existing rules.
Paragraph 3. Rules issued in accordance with the provisions of Chapter 4 of the raw material law, cf. Law Order no. 165 of 10. In March 1992, as amended by law no. 212 of 29. In March 1995, they remain in force until they are repealed or replaced by rules laid down in accordance with the rules laid down in the current legislation.
Paragraph 4. Decisions taken in accordance with the legislation to date retain their validity until such decisions are taken pursuant to the law or rules issued by law in the law in accordance with the law in accordance with the law. however, paragraph 1 Five and six. Extreme decisions will be penalised according to the current rules.
Paragraph 5. Permissions issued after Section 19 of the law on raw materials, cf. Law Order no. 165 of 10. In March 1992, or after Article 15, in the law on raw materials, cf. Law Order no. 108 of 30. January 1989, and section 2 of the Continental Cocond, cf. Law Order no. 182 of 1. However, May 1979 may be used only in geographical boundaries and in environmental terms, to which the Minister for the Environment has authorized the investigation or the abstraction of raw materials after paragraph 20 as written in paragraph 1 of this Act. 7. The conditions under which authorisations are to be met shall be subject to compliance with the applicable rules. The provisions of section 24 (2). Two-four, as drawn up by this law's § 1, nr. 7 shall also apply to the 1. Act. the authorizations referred to in the previous legislation.
Paragraph 6. By way of derogation from paragraph 1 FIVE, ONE. pkt., in accordance with paragraph 19, in the law on raw materials, in accordance with section 19, in accordance with Article 19, Law Order no. 165 of 10. In March 1992, or after Article 15, in the law on raw materials, cf. Law Order no. 108 of 30. January 1989, and section 2 of the Continental Cocond, cf. Law Order no. 182 of 1. May 1979, without the consent of section 20, as drawn up in section 1 of this Law. 7, perform the abstraction within the areas of abstraction per caption. 1. In January 1997, the Minister for the Environment, under the terms of Article 22, shall be drawn up in accordance with the provisions of Article 1 of the Act of Title 1. 7.
§ 3
Paragraph 1. The law shall enter into force on 1. July 1997.
Paragraph 2. Decisions impounded prior to the entry into force of the law shall be completed in accordance with the applicable rules of appeal to date.
§ 3
The law shall enter into force on 1. July 1997.
$94. The law shall enter into force on 1. January 2000, ---
§ 14
The law shall enter into force on the 15th. September 2000, ---
§ 78
The law shall enter into force on 1. January 2003, ---
§ 2
The law shall enter into force on 1. 1 January 2003, section 1, no. 1, 3 and 4, but first on 1. July, 2003.
Paragraph 2. Cases in the abstraction of other raw materials other than sand, gravel and stones covered by a notification after paragraph 5 (3). 1, no. 1-3, in the law. 285 of 7. June 1972 on the exploitation of stones, gravel and other natural occurrences in the soil and in the sea territory where the wind is finished before 1. However, in July 2003, in accordance with the rules in force in the past, decisions in such cases retain their validity and their infringement shall be penalised according to the applicable rules.
§ 24. The law shall enter into force on 1. January 2005.
§ 85
Paragraph 1. The law shall enter into force on 1. Nov 2005, cf. however, paragraph 1 2.
Paragraph 2. (Excluded)
§ 2
Paragraph 1. The law shall enter into force on 1. January, 2007.
Paragraph 2. Cases that have not been processed by the County Council shall be subject to completion of the Council of the Council of the Council, which shall be completed by the local authority
Paragraph 3. Proposals for the first raw material plan drawn up pursuant to section 5 a and 6 of the raw material law shall be published by 1. January 2008.
Paragraph 4. Until a raw material plan after section 5 a enters into force, the municipality Board shall be bound by region plan guidelines for the use of spaces for the use of rocks, gravel and other natural occurrences in the soil in a region that is temporarily or partially ; maintained in accordance with section 3 (3). 1 or 2, or section 4, in the case of the amendment of the law on planning. (Provination of municipal reform). Permissions must not be contested with planning according to the planning or environmental target slop law.
§ 105
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-22 and § 106.
Paragraph 2. The rules on the factual and responsible jurisdiction and the composition of the court as drawn up by the section 1 of this law. 3, 55, 58-60, 77, 79, 113, 115, 122 and 123, and sections 4-6, 8, 29, 32-40, 46, 47, 75-77, 83, 84, 87-96, 98 and 102, in accordance with the entry into force of the law, or which is referred to by the court in accordance with paragraph 1. 8, and in criminal proceedings, where the entry into force of the law has not been raised in 1. body, cf. however, paragraph 1 SIX, TWO. Act.
Stk. 3-22. (Excluded)
§ 23
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2.
Paragraph 2. (Excluded)
§ 37. The law shall enter into force on 1. July, 2007.
§ 15
Paragraph 1. The law shall enter into force on 1. July 2008, cf. however, paragraph 1 3.
Strike two-four. (Excluded)
§ 16
The law shall enter into force on 1. July 2008.
§ 167
Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2. Section 11 shall apply only to decisions on the retention of pay, which shall be taken after the entry into force of the law.
Paragraph 2. (Excluded)
§ 2
Paragraph 1. The law shall enter into force on 1. January, 2010, cf. however, paragraph 1 2.
Paragraph 2. § 1, no. Six-11, 18 and 19, will enter into force the day following the announcement in the law. 3)
Paragraph 3. (Excluded)
Paragraph 4. Instruction permits on the basis of post-research authorisations granted prior to the 131. In March 2009, the time limit shall be granted until 31. December 2011, and without any requirement for payment of remuneration. If special circumstances apply, the authorisations may be extended by 1 year at a time of up to 2 years.
Paragraph 5. Income permit authorizations expire on 31. In December 2009, it may be extended to a period of up to 1 year of the payment of remuneration after section 22 a. This does not apply to abstraction authorisations with common access to abstraction.
Paragraph 6. Applications for investigative and extraction permit received after the 131. In March 2009, they are treated according to the rules of this law.
Paragraph 7. For raw material recovery in areas with common access to the abstraction of common raw materials, it shall be necessary to do so until 31. In December 2009 alone, loading equipment with a loading capacity of up to 2000 m 3 .
1) The law provides for the implementation of parts of Council Directive 79 /409/EEC of 2. April 1979 on the protection of wild birds (the European Bird Protection Directive), (EC Official Journal of 1979). L 103, page 1), as last amended by Council Directive 2006 /105/EC of 20. November 2006, (EU-Official Journal of the European Journal. In paragraph 363, page 368), parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (EC Habitats Directive), (EC Official Journal of 1992). In 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. November 2006, (EU-Official Journal of the European Journal. In paragraph 363, page 368), parts of the European Parliament and of the Council Directive 2004 /35/EC of 21. April 2004 on environmental liability in the field of prevention and mitigation of environmental damage, (EU Official Journal 2004) In 143, page 56) and Directive 2006 /21/EC of the European Parliament and of the Council of 15. This March 2006 on the management of waste from the mining industry and amending Directive 2004 /35/EC (EU Official Journal of the European Official Journal (EU Official Journal). L 102, page 15).
2) By law no. 1055 of 17. In December 2002, on the amendment of the law on raw materials, then paragraph 44 was referred to in paragraph 4. 1, no. 2 and 6 lifted, and no. The third-fifth then became number two. 2-4.
3) Bekendtdone in the law of the law of the 14th. June 2009.
