Announcement Of Law On Environmental Objectives, Etc. For Water Bodies And International Nature Protection Areas (Environmental Goal's Law)

Original Language Title: Bekendtgørelse af lov om miljømål m.v. for vandforekomster og internationale naturbeskyttelsesområder (Miljømålsloven)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127102

Overview (table of contents) Chapter 1 purpose of the law

Chapter 2 Water districts and water district authorities

Chapter 3 Water level

Chapter 4 preparing the water plan

Chapter 5 protected areas

Chapter 6 environmental objectives

Chapter 7 monitoring of water resources

Chapter 8 response programme

Chapter 9 Status report

Chapter 10 rules on the provision

Chapter 11 Municipal action plans

Chapter 12 Tax mapping, etc.

Chapter 13 designation and amendment of international nature protection areas

Chapter 14-Natural planning

Chapter 15 Administrative provisions

Chapter 16 Complaints and litigation

Chapter 17 entry into force

Annex 1

Annex 2 the full text announcement of law on environmental objectives, etc. for water bodies and international nature protection areas (Environmental target practice law) 1)

Hereby promulgated law on environmental objectives, etc. for water bodies and international nature protection areas (environmental target practice law), see. lovbekendtgørelse nr. 1028 of 20. October 2008, with the changes imposed by § 2 of the law No. 1402 by 27. December 2008 and section 8 of Act No. 514 of 12. June 2009.

Title I

Introductory provisions

Chapter 1

The Act's purpose

§ 1. The law aims to establish a framework for the protection of surface water and groundwater as well as for planning within the international nature protection areas.

Section II

Water

Chapter 2

Water districts and water district authorities

§ 2. Denmark is divided into water districts. Water districts ' boundaries are set out in annex 1 to the law.

(2). The cross-border river basins is designated as an international water district. The Minister may lay down detailed rules on the international water district, including rules derogating from the provisions of the Act.

(3). The Environment Minister is vanddistriksmyndighed.

(4). The Minister may lay down rules derogating from paragraph 2 of the number of international vanddistriker.

Chapter 3

Water level

§ 3. For each water district must be the subject of a water level. Water plan shall cover a period of six years.

(2). Governmental authorities, regional councils and municipal councils is by the exercise of powers under the legislation bound by water plan and the municipal action plan and shall ensure the implementation of the action programme and the municipal action plan.

(3). Water plan can be changed in the plan period in accordance with the provisions of §§ 28-31. If the change relates to the programme, the time limit laid down in article 29, paragraph 3, however, be waived if the interests of the protection of the environment so dictate. A change in water plan has legal effect as water plan, see. (2).

§ 4. Water plan shall be in accordance with part A of annex 2 to the law.

(2). Any revision shall in addition be in accordance with part B of annex 2 to the law.

Chapter 4

Preparation of water plan

§ 5. For each water district must be preceded by each plan period are drawn up the following:

1) a basic analysis of the basic regulation. § 6.

2) a work programme for the provision of water plan including a timetable and a description of the consultation process.

3) an overview of the significant water management tasks that need to be addressed.

§ 6. Basic analysis shall consist of the following:

1) an analysis of the surface water and groundwater characteristics.

2) an assessment of the impact of human activities on surface water and groundwater.

3) an economic analysis of water use.

(2). The Minister must lay down detailed rules on the content and form of the base analysis.

Chapter 5

Protected areas

§ 7. By protected areas means

1) areas designated as drinking water resources, see. section 8,

2) areas designated as shellfish waters, see. § 9,

3) areas designated as bathing areas,

4) nutrient-sensitive areas and

5) relevant international nature conservation areas, see. § 36.

Identification of drinking-water occurrences

§ 8. There should be designated for each water district drinking water occurrences.

(2). As drinking water occurrences must be designated

1) bodies of water used for the abstraction of drinking water, and that, on average, produces more than 10 m3 a day or supply water to more than 50 persons, and

2) the bodies of water, as it is intended to apply to it.

(3). The Minister may lay down detailed rules for the designation in accordance with paragraph 1.

Identification of drinking-water resources

section 8 (a). For each water district

1) designated areas with special interests, drinking water

2) designated areas with drinking water interests,

3) mapped areas with special interests and indvindingsoplande for General drinking water water supplies outside these,

4) designated the strands within the in no. 3, those areas which are particularly sensitive to one or more types of pollution (sensitive reclamation areas), with an indication of which or what types they are considered sensitive to contamination, and there

5) designated areas on the basis of an assessment of land use, pollution threats and the natural protection of water resources, where a special effort for the protection of water resources is necessary to safeguard the interests of drinking water (strands).

Designation of shellfish waters

§ 9. There must, upon a proposal from the Ministry of family and Consumer Affairs for each water district be designated areas which require protection or improvement in order to make it possible for shellfish (molluscs and gasteropod molluscs) life and growth, with a view to seafood fished in areas that can immediately be used for human consumption.

Chapter 6

Environmental targets

§ 10. To be in water plan determined environmental goals for all water bodies in the water district in accordance with this chapter.

General environmental objectives

§ 11. Deterioration of the status of all bodies of surface water and groundwater bodies should all be prevented.

(2). By any temporary deterioration of water body condition, as the result of circumstances of natural cause or circumstances as a result of the accident, further deterioration of the condition is preventable, and the original State must as far as possible, be restored.

(3). There should not be an increase in direct or indirect pollution of surface water, unless measures to implement this will result in increased pollution of the environment as a whole. Increase in the pollution of the sea outside the water areas must be avoided as much as possible.

§ 12. At the latest by 22. December 2015 to all surface water and groundwater have achieved good status, see. However, sections 15-20.

(2). By good surface water status "means the State, a body of surface water has reached, when both have good ecological status and good chemical status. At good status of groundwater means the mode, achieved by a groundwater body when both have good quantitative status and good chemical status.

Protected drinking water occurrences

§ 13. For any instance of water designated under section 8, it must, not later than the 22nd. December 2015, in addition to the fulfilment of the environmental objective for surface water, ensure that the water has a quality, so that after the used water treatment regime meets the drinking water quality standards in accordance with the law on water supply, etc., taking at the same time must seek a reduction of the level of cleaning.

Shellfish waters

§ 14. For any instance of water designated as shellfish waters under section 9, it shall, within six years following designation to ensure that the water has a good quality, which contributes to shellfish, fishing in the area, can immediately be used for human consumption.

Artificial and heavily modified surface water bodies

§ 15. A body of surface water as artificial or heavily modified may be appointed if the changes of the area's physical design, which is necessary for achieving good ecological status would have significant adverse impacts on

1) environment in General,

2) navigation, including port facilities, or recreation activities,

3) activities, which is responsible for the storage of water,

4) water regulation, flood protection, or drainage or

5) other, equally important sustainable human development activities.

(2). Designation under paragraph 1 may only take place if the account referred to in paragraph 1, no. 1-5, due to technical difficulties or disproportionately high costs cannot reasonably be met by other means, which is a much better environmental solution.

(3). The designation in accordance with paragraph 1 must not exclude or hinder the ongoing fulfillment of environmental objectives in other bodies of water within the water district.

(4). For areas designated under paragraph 1, shall be not later than the 22nd. December 2015 be achieved a good ecological potential and good chemical status.

Less stringent environmental objectives

§ 16. There can for certain bodies of water be set less stringent targets than good surface water status and good groundwater status, if water incidence is affected by human activity, as determined in accordance with the basic analysis, see. § 6, or water instance's natural conditions are such that compliance with the requirement of good status is impossible or associated with excessive costs.


(2). The establishment of less stringent objectives can only happen if the environmental and socio-economic needs, which are covered by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs and.

(3). When setting less stringent objectives in view of the impacts that could not reasonably have been avoided due to the nature of the human activity or pollution, for surface water bodies shall be ensured to achieve the best possible ecological and chemical status of bodies of groundwater, and ensure that good status of groundwater is derogated from as little as possible. Furthermore, it should be ensured that there is no further deterioration in the status of the affected body of water.

(4). The establishment of less stringent objectives may not exclude or hinder the sustained fulfilment of environmental objectives in other bodies of water within the water district.

§ 17. New changes of a surface water body or alterations in the physical design of the groundwater body levels can justify the establishment of less stringent targets than good groundwater status, good ecological status or, where relevant, good ecological potential, or can justify lack of prevention of deterioration of water status, if

1) the harmful impact on water the instance mode reduce as much as possible,

2) changes or change is warranted on the grounds of overriding public interest, or the benefits to the environment and to society of achieving the environmental objectives is less than the benefits brought about by the new modifications or alterations, for the health of the population, the maintenance of human security and sustainable development, and

3) the account, which is handled by the new modifications or alterations of the water presence, because of technical difficulties or disproportionately high costs cannot be achieved by other means, which is a much better environmental solution.

(2). New sustainable human development activities may also justify the non-prevention of a body of surface water degradation to good condition, if the conditions laid down in paragraph 1, no. 1-3 are met.

(3). New changes or development activities, as referred to in paragraphs 1 and 2 shall not exclude or hinder the sustained fulfilment of environmental objectives in other bodies of water within the water district.

More stringent environmental objectives

§ 18. There can for certain water bodies be established stricter goals than good surface water status.

(2). Establishment of more stringent environmental objectives must be made on the basis of an overall balancing of the societal interests.

Extension of time-limits for the achievement of the environmental objectives

§ 19. It is estimated that the necessary improvements in water body condition of the grounds mentioned in paragraph 2 may be achieved within the agreed deadlines, deadlines can be extended with a view to the gradual achievement of environmental objectives.

(2). An extension of the deadline can only be justified by,

1) that there is a need for such big improvements to the for technical reasons can only be achieved in phases exceeding the time limit,

2) that there would be disproportionately high costs associated with completing the improvements within the deadline set, or

3) to natural conditions do not permit the improvement of water body condition within the deadline.

(3). There can be a maximum extension of two revisions of the water plan, except in cases where the natural conditions are such that the objectives cannot be achieved within this period.

(4). An extension of the deadline must not contribute to further deterioration of the water status in question.

(5). An extension of the deadline must not persistently exclude or hinder the achievement of the environmental objectives in other bodies of water within the water district.

Other provisions

§ 20. If pursuant to other legislation is laid down more stringent requirements for the quality of a given body of water, apply these requirements as environmental goals.

(2). If by virtue of other legislation provided for shorter time frames for achievement of environmental objectives, these apply.

§ 21. The Minister must lay down detailed rules on the environmental objectives, including what is meant by good status of surface water and groundwater and good ecological potential for surface water. The Minister may lay down rules on the quality of the drinking water resources, see. section 13, and shellfish waters, see. § 14.

Chapter 7

Monitoring of water resources

§ 22. The Minister of the environment shall establish programmes for monitoring of surface water and groundwater and for monitoring of protected areas. The Minister shall draw up together a coherent and comprehensive observation network within each water district.

(2). The Minister shall monitor surface water and groundwater and the protected areas.

(3). The Minister must lay down detailed rules for the establishment, content, mode and implementation of programmes, including monitoring network, in accordance with paragraph 1.

Chapter 8

Programme of measures

§ 23. There must be a programme of measures for water district in accordance with the rules laid down in this chapter.

§ 24. The programme of measures shall be drawn up in the light of the results of basic analysis, see. § 6, and the results of the monitoring programmes set out in annex IX. section 22, and must ensure the achievement of the environmental targets within the stipulated time limits.

§ 25. The programme of measures shall at least include the measures to be implemented in the water district, as well as guidelines for the permissions and other decisions of importance for the protection of water that can be communicated, in order to protect, enhance and restore all bodies of water and for artificial and heavily modified surface water bodies in order to protect and improve these. The programme of measures shall also include an economic analysis in order to assess the most cost-effective combination of measures.

(2). Measures that are contained in a programme, to be implemented no later than the first time 22. December 2012. Any new or revised measure must be implemented no later than three years after the adoption of the revised water plan.

section 26. The Minister must lay down detailed rules on the content of the programme.

Chapter 9

Status report

§ 27. For each water district shall be the subject of a progress report on the progress made with the implementation of the planned programme of measures.

(2). The Minister may ask the municipalities of information needed for the preparation of the status report, including determine in what form the information should be submitted.

Chapter 10

Rules on the provision

section 27 (a). Prior to the drawing up and revision of the plan shall be convened by the Minister for the environment of water by public announcement and with a period of at least six months, proposals, etc. at the same time published summary of basic analysis, work programme with schedule and draft overview of the significant water management tasks that need to be addressed.

(2). The Minister shall transmit the received proposals, etc. to the Regional Council, which coordinates the proposals etc. from municipal councils in the region. The coordinated proposals should be sent to the Minister within eight weeks of its receipt.

(3). The Minister sends the published material, see. (1) for governmental, regional and municipal authorities, whose interests are affected.

section 28. The Minister of the environment shall prepare for each water district a basic analysis of the basic regulation. § 6, and a status report, see. section 27, as well as proposals to:

1) designation of drinking water resources, see. § 8.

2) designation of shellfish waters, see. § 9.

3) work programme for the provision of water level regulation. § 5, nr. 2.

4) overview of the significant water management tasks that need to be resolved, see. § 5, nr. 3.

5) Water level, see. § 4.

(2). When a proposal has been prepared in accordance with paragraph 1, nr. 5, the Minister shall send the proposal to the concerned governmental, regional and municipal authorities, who may submit objections to the proposal for prioritisation of measures in the overall programme. The Minister shall fix a time limit for the submission of objections.

(3). The Minister shall adopt a proposal for a water level on the basis of paragraphs 1 and 2.

Involvement of the public

section 29. After the preparation of the in section 28 (1) (8). 1-4, referred to proposals respectively after adoption of a draft water plan pursuant to section 28, paragraph 3, provides the Minister of the environment for public announcement. At the announcement informs the Minister of the environment about the deadline in accordance with paragraph 3. Proposals shall be publicly available.

(2). The publication must take place within the following time limits:

1) draft programme of work: at least three years before the beginning of each program period.

2) draft overview of the significant water management tasks: at least two years before the beginning of each program period.

3) proposal for water level: at least one year before the beginning of each program period.

(3). The Minister shall determine a period of at least six months for the submission of objections to the proposals referred to in paragraph 2. For in section 28 (1) (8). 1 and 2, said the proposal lays down a period of eight weeks.

(4). The Minister submits draft water plan for governmental, regional and municipal authorities, whose interests are affected.

(5). After the expiry of the deadline referred to in article 6. (3) the Minister shall adopt the in section 28 (1) (8). 1-5, referred to proposals definitively.


(6). The Minister may lay down detailed rules that, in section 28 (1) (8). 1-5, referred to proposals handed over against payment.

section 30. If in connection with the adoption of the final water level changes of proposals, as published on the substantial way affect other authorities or citizens than those who know opposition has prompted the change, adoption of water plan does not happen until the person has had an opportunity of being heard. The Minister shall fix a deadline for doing so. If the change is so extensive that there actually exists a new draft water plan, should the procedure referred to in section 28, section 29 and section 31 should be followed.

Publication of finally adopted documents

section 31. The Minister of the environment shall ensure public announcement pursuant to section 29, paragraph 5, as finally adopted documents. By advertisement shall be given a complaint Guide and information about the complaint period. They finally adopted documents should be publicly available. The publication must take place within the following time limits:

1) Basic analysis: at least two years before the beginning of each program period, however, for the first time by 22. December 2004.

2) designation of drinking water instances: at least two years before the beginning of each program period, however, for the first time by 22. December 2004.

3) designation of shellfish waters: at least two years before the beginning of each program period.

4) work programme: at least two years before the beginning of each program period.

5) the overview of the significant water management tasks: at least one year before the beginning of each program period.

6) Water plan: not later than the 22nd. December 2009 and every six years thereafter.

7) status report: two years and six months after the beginning of each program period.

(2). The Minister of the environment sends basic analysis, water plan and the status report to the municipal councils, regional councils and Government agencies, whose interests are affected.

(3). The Minister may lay down detailed rules concerning that the finally adopted, documents can be obtained against payment.

Chapter 11

Municipal action plans

section 31 (a). The Municipal Council shall draw up a blueprint for the procedures referred to in §§ 31 b-31 e. blueprint to further explain how the water plan and its programme will be realized within the municipality's geographic area of the country and for the coastal part of the water district.

(2). The provision in article 25, paragraph 2, shall apply mutatis mutandis for the measures contained in the action plan.

(3). The Minister shall lay down detailed rules on the trade plan's content.

section 31 (b). The Municipal Council to adopt a proposal for an action plan within six months after the publication of the plan, see water section 31 (1) (8). 6. The Municipal Council announces the proposal publicly and informs about the time limit in accordance with paragraph 5. The proposal must be publicly available.

(2). The local authority shall send the draft action plan, see. (1) for governmental, regional and municipal authorities, whose interests are affected.

(3). The Minister may lay down rules to the effect that the draft action plan must also be sent to others who will be affected.

(4). The Minister may lay down detailed rules concerning the requirements for advertising and public accessibility, see. paragraph 1, including the proposal can be obtained against payment.

(5). The Municipal Council shall fix a time limit of at least eight weeks for the submission of objections to the proposals referred to in paragraph 1.

section 31 (c). The Municipal Council adopts an action plan no later than one year after the water plan's publication.

(2). If in connection with the preparation of proposals for changes to the blueprint published proposals, which on substantial way affect other authorities or citizens than those who know opposition has prompted the change, adoption of blueprint may not happen until the person has had an opportunity of being heard. The Municipal Council shall fix a time limit for doing so. If the change is so extensive that there actually is a new proposal for action plan, should the procedures referred to in section 31 (a), section 31 (b), section 31 (d) and section 31 (e) followed, and the time limit referred to in paragraph 1 shall be extended by three months.

(3). The local authority provides public announcement of the adoption of the action plan. By advertisement shall be given a complaint Guide and information about the complaint period. The action plan, as finally adopted, shall be publicly available.

(4). The Municipal Council sends the adopted action plan to the Minister for the environment.

(5). The Minister may lay down rules to the effect that the municipal action plans must also be sent to others who will be affected by action plans.

(6). The Minister may lay down detailed rules concerning the requirements for advertising and public accessibility, see. paragraph 3, including that they are finally adopted, documents can be obtained against payment.

section 31 d. a proposal cannot be adopted, if other interested local councils have opposed this in writing to the Municipal Council before the expiry of the time limit under section 31 (b) (5). The proposal can then be adopted first, when agreement has been reached between the parties on the necessary changes.

(2). An objection in accordance with paragraph 1 shall be reasoned.

(3). If no agreement can be reached among the concerned municipal councils, see. (1) on the details of the blueprint for the municipality, Regional Council, at their request, convene to mediation.

(4). If no agreement can be reached, the Council shall refer the matter to the Minister for the environment of the regions, which will then take a decision.

section 31 e. The Minister may, for the performance of State interests or the fulfilment of international commitments put forward objections to a draft action plan before the expiry of the time limit under section 31 (b) (5). The proposal can then be adopted first, when agreement has been reached between the parties on the necessary changes.

(2). If no agreement can be reached through negotiation, the Minister shall take decision.

section 32. (Repealed)

section 33. (Repealed)

§ 34. (Repealed)

Chapter 12

Tax mapping, etc.

section 35. To cover the expenses associated with the Ministry of the environment of section 8 (a) mapping a fee will be charged per m3 taxable groundwater in accordance with the provisions of the Water Act Chapter 4 (a).

Title III

International nature protection areas

Chapter 13

Designation and amendment of international nature protection areas

§ 36. The Minister of the environment appoints international nature protection areas on land and at sea.

(2). The Minister of the environment may make changes to the already designated international nature protection areas.

(3). Under a bilateral consultation procedure between Denmark and the Commission of the European communities with a view to the consideration of an area's designation as an international nature conservation area Minister for the environment shall take appropriate steps to avoid deterioration of the priority natural habitat type or living place of the priority species as well as disturbance of the priority species, if these disorders have significant consequences for the priority Habitat or species. The Minister may determine, including to regional councils, municipal councils and Government authorities by their administration by law is required to protect the area. The measures shall apply until such time as a decision has been taken on and possibly made a designation of the area.

(4). The Minister shall decide on the measures that can protect an area which is not designated as international nature protection area, but where new information on the incidence of birds implies that the area to be designated.

(5). The Minister shall lay down rules on the protection of the areas referred to in paragraph 4.

(6). When an area is designated as an international nature conservation area, regional councils, local councils and State authorities in the exercise of powers under the legislation, moreover, bound by the designation.

(7). The Minister may lay down rules on the limitation of responsibility for planning in accordance with the planning act within international nature protection areas.

Chapter 14

Natural planning

section 37. The Minister for the environment will draw up a plan for Natura 2000 the international nature protection areas. The plan can be broken down by geographical areas.

(2). Paragraph 1 does not include land that is covered by the rules of the law on forests on Natura 2000 forest plans.

(3). Natura 2000-plan drawn up after prior discussion with the concerned governmental authorities.

§ 37 a. Municipal Council draws up an action plan, see. § § 46 a-46 (e), to the implementation of Natura 2000-plan within the municipality's geographic area of the country and for the coastal part of the water district.

section 38. (Repealed)

Natura 2000-plan content

§ 39. Natura 2000-the plan must include:

1) a basic analysis of the basic regulation. § 40.

2) Goal for the State of nature in international nature conservation areas, see. § 41.

3) a programme of measures, referred to in article 6. § 42.

Basic analysis

§ 40. Basic analysis must include:

1) mapping of habitats and habitats of species ' habitats, such as areas designated for.

2) assessment of the condition and preliminary assessment of threats.

3) A summary, as in the short Annex specifies the location of the identified areas and mode.

Goal setting for State of nature


§ 41. Goal setting for State of nature on the basis of basis analysis to be done in order to ensure or restore, at favourable conservation status. After a trade-off of possibly contradictory nature of the classification and interests within each international nature conservation area be established goals for the area. There can be set different targets for sub-areas within an international nature conservation area.

(2). The Minister must lay down detailed rules fixing the objectives of State of nature.

Programme of measures

§ 42. The programme of measures to be drawn up on the basis of the basic analysis, available monitoring data and proposals etc., see. section 42 (a), provides guidelines for the functioning of municipal action plans. The programme can contain specific proposals for action plans.

Natural planning provision

§ 42 a. prior to the drawing up and revision of the Natura 2000-plan shall be convened by the Minister for the environment by public announcement and with a period of at least six months, proposals, etc. at the same time published summary of basic analysis.

(2). The Minister shall transmit the received proposals, etc. to the Regional Council, which coordinates the proposals etc. from municipal councils in the region. The coordinated proposals should be sent to the Minister within eight weeks of its receipt.

section 43. The Minister shall publish by advertising a proposal for the Natura 2000 program. At the announcement informs the Minister of the opposition period referred to in article 6. (4). The proposal must be publicly available.

(2). The publication must occur simultaneously with the publication of the draft water plan, see. section 29, paragraph 2, no. 3.

(3). At the same time with the publication in accordance with paragraph 1 is transmitted proposals for Natura 2000 plan for governmental, regional and municipal authorities, whose interests are affected by the proposal.

(4). The Minister shall determine a period of at least six months for the submission of objections to the plan proposal.

§ 44. (Repealed)

§ 45. After the expiry of the deadline in article 43, paragraph 4, adopt the Minister for the environment Natura 2000 plan finally.

(2). If in connection with the final draft of the Natura 2000-level changes of the published proposals, which on substantial way affect other authorities or citizens than those who know opposition has prompted the change, adoption of the Natura 2000-plan does not happen until the person has had an opportunity of being heard. The Minister shall fix a deadline for doing so. If the change is so extensive that there actually is a new proposal for the Natura 2000 plan, the procedures set out in section 43 shall be followed.

(3). The Minister shall ensure that after the expiry of the deadline in article 43, paragraph 4, of the public announcement of the finally adopted the Natura 2000 program. At the announcement must be given a complaint Guide and information on complaint period. The plan shall be sent simultaneously to the regional, local and governmental authorities, whose interests are affected.

§ 46. Environment Minister revises the Natura 2000-plan every six years.

(2). There can be changes to the programme of measures in the plan period. By drafting and adopting changes followed the procedure provided for in § 43 and § 45.

(3). Changes to the programme of measures shall be effective as action program, see. section 48.

46 (a). The municipal action plan must be for captive sites, international nature protection areas or habitats and species include:

1) prioritization of Municipal Board's expected management efforts in the plan period.

2) specification of objectives and expected effects of the individual activities.

3) Projected methods and management actions, such as the local authority will take to improve the State of nature or maintain favourable conservation status.

(2). Blueprint must not run counter to the guidelines laid down in a Natura 2000-level.

(3). Blueprint should not include publicly-owned land, where such land is a level of administrative effort, which is in accordance with the objectives set for the State of nature. In these cases, the blueprint is accompanied by a description of this administrative action.

(4). The Municipal Council must ensure the implementation of an agreed action plan.

(5). The Minister must lay down detailed rules on the content of the plan and provision Act.

§ 46 (b). The Municipal Council shall adopt, within six months after the publication of the plan, without prejudice to the Natura 2000 network. section 45, paragraph 3, or the publication of an amendment under section 46 (2), a proposal for an action plan, including modification of the action plan. The Municipal Council announces the proposal publicly and informs about the time limit in accordance with paragraph 2. The proposal must be publicly accessible.

(2). The Municipal Council shall fix a time limit of at least eight weeks for the submission of objections to the draft action plan.

§ 46 (c). The Municipal Council shall adopt within one year after the publication of the plan Natura 2000 the final blueprint.

(2). If in connection with the preparation of the final version of the draft action plan be amended by the proposal, as published on the substantial way affect other authorities or citizens than those who know opposition has prompted the change, adoption of blueprint may not happen until the person has had an opportunity of being heard. The Municipal Council shall fix a time limit for doing so. If the change is so extensive that there actually is a new proposal for action plan, should the procedures referred to in paragraph 46 (a), article 46 b, section 46 (d) and section 46 (e) followed, and the time limit referred to in paragraph 1 shall be extended by three months.

(3). The local authority provides public announcement of the adoption of the action plan. By advertisement shall be given a complaint Guide and information about the complaint period. The action plan, as finally adopted, shall be publicly available.

(4). The Municipal Council sends the adopted action plan to the Minister for the environment.

section 46 (d). A proposal for action plan can not be adopted, if other interested local councils have opposed this in writing to the Municipal Council before the expiry of the time limit under section 46 (b) (2). The proposal can then be adopted first, when agreement has been reached between the parties on the necessary changes.

(2). An objection in accordance with paragraph 1 shall be reasoned.

(3). If no agreement can be reached among the concerned municipal councils, see. (1) on the details of the blueprint for the specific Natura 2000 area, see. § 46 (a), Regional Council, at their request, convene to mediation.

(4). If no agreement can be reached, the Council shall refer the matter to the Minister for the environment of the regions, which will then take a decision.

§ 46 (e). The Minister may, for the performance of State interests or the fulfilment of international commitments put forward objections to a draft action plan before the expiry of the time limit under section 46 (b) (2). The proposal can then be adopted first, when agreement has been reached between the parties on the necessary changes.

(2). If no agreement can be reached through negotiation, the Minister shall take decision.

§ 47. The Minister may lay down rules on the publication of Natura 2000-plan, municipal action plans and proposals, including the payment for delivery of documents.

(2). The Minister may lay down rules to the effect that the municipal action plans and proposals thereto should be sent to others who will be affected.

section 48. Regional councils, local councils and State authorities are in the process of the exercise of powers under the legislation are bound by an adopted Natura 2000 plan, including agreed municipal action plans.

Title IV

Final provisions

Chapter 15

Administrative provisions

§ 49. (Repealed)

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

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

(3). The Minister may also lay down the rules on the exercise of the powers of another government agency after negotiation with the concerned minister will be authorized to exercise under paragraph 1

§ 51. Ministry of the environment and local Government Board's personnel or persons with authorisation from the relevant authorities without a court order on presentation of proof of identification to access any property on the one hand, to make technical preparatory work and studies for the preparation of decisions, and to carry out monitoring in accordance with this law or regulations issued pursuant to the law.

(2). The police shall provide necessary assistance to achieve the access referred to in paragraph 1.

(3). The damage and inconvenience caused by the measures referred to in paragraph 1, shall be replaced. Replacement rates and quantities shall be carried out in the absence of amicable agreement of the valuation authorities referred to in section 57 and section 58 of the Act on public roads. Whether these proceedings by valuation authorities and about the amount that fixing and payment, the provisions of the law on public roads §§ 51-56 and § § 58 a-66 shall apply by analogy.

§ 52. The Minister may, for the purpose of carrying out of monitoring of the basic regulation. section 22, for temporary use or expropriation of ownership rights over real estate.


(2). Through the implementation of an expropriation in accordance with paragraph 1, the provisions of § 45 and sections 47-49 of the law on public roads apply mutatis mutandis, subject to the Minister is performing the tasks conferred on the vejbestyrelsen according to the law on public roads.

section 52 (a). The Minister may lay down detailed rules on the demarcation of the sea of the individual municipality's jurisdiction.

(2). The Minister may lay down rules relating to the amendment of annexes 1 and 2 to the law.

Chapter 16

Complaint and proceedings

§ 53. The following decisions may be appealed to the environmental complaints body established pursuant to the Act on the protection of the environment:

1) The water level finally adopted with regard to the setting of environmental objectives and the action programme.

2) question of water provision of the plan.

3) finally adopted the municipal action plan as regards content and the provision of the basic regulation. § § 31 a-31 e.

(2). § 102, section 104 (1) and (2), section 105, section 106 and section 109 of the Act on the protection of the environment shall apply mutatis mutandis at the Environmental complaints Board's treatment of the cases referred to in paragraph 1.

(3). The Minister may lay down detailed rules concerning the composition of the Board of appeal and undertaking the review of cases under this Act.

§ 54. Decisions taken under section 45 may be appealed to the Natural complaints with respect to goal setting and action program and Natura 2000-plan provision.

(2). Decisions taken pursuant to section 46 (c) an appeal may be lodged to the Natural complaints as regards the Act plan's content and the provision of the basic regulation. § § 46 a-46 (e).

(3). Natural complaints Board President may, on behalf of the Board take a decision in cases that are not deemed to have very substantial interest in relation to the Act's purposes.

(4). Complaints Board's decisions cannot be appealed to natural other administrative authority.

Common provisions on complaint

§ 55. Complaint justified is the following:

1) Environment Minister.

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

3) Public authorities.

4) local associations and organisations with a substantial interest in the decision.

5) nationwide associations and organizations whose main purpose is the protection of nature and the environment.

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

(2). At the complaint in accordance with paragraph 1, nr. 5 and 6, Environmental complaints and complaints board Nature require that the associations or organisations demonstrate their eligibility by submitting articles of Association complaint.

section 56. A complaint must be filed in writing within four weeks after that the plan is publicly announced. If the appeal period expires on a Saturday or a public holiday, the deadline is extended to the following business day.

(2). Complaint shall be submitted to the authority, which has published the decision. The authority shall forward the complaint to the Complaints Commission, without prejudice to the environment. § 53, respectively Natural complaints board, see. § 54, accompanied by the appeal and the material that has been signed by their rating.

§ 57. A complaint has no suspensive effect, unless Environmental complaints or Nature complaints board decides otherwise.

(2). Environmental complaints and Natural complaints board may decide to derogate from the time limits laid down in section 31 (c) and section 46 (c) in respect of the whole or parts of the municipal action plan in the context of decisions taken pursuant to paragraph 1.

Action

§ 58. Action against decisions on matters covered by this law, must be brought within six months after the decision is publicly announced.

Chapter 17

Date of entry into force of

section 59. The law will enter into force on 22. December 2003.

section 60. The law does not apply to the Faroe Islands and Greenland.




Act No. 570 of 24. June 2005 on amendments to the law on environmental objectives, etc. for water bodies and international nature conservation areas and the law on water supply, etc. (Mintage of government reform as regards the organisation of the competent authority, etc.) whose § 1 terms of § 2, paragraph 1, 3 and 4, § 3, paragraph 2 and 3, § 4, § 9, § 21, paragraph 2, section 22, section 27, paragraph 2, § 27 a, § 28, § 29, 30, § 31, § § § 31 a-e , section 32, section 33, section 34, section 35, article 36, paragraph 2, article 37, paragraph 1, article 37 (a), article 38, article 39, paragraph 2, article 42, article 42 (a), article 43, paragraphs 1, 3 and 4, § 44, § 45, article 46, paragraph 2, § § 46 a-e, § 47, § 48, § 49, § 51, § 52 section 52 (a), section 53, section 54 and section 57 (2), as well as annexes 1 and 2, includes the following entry into force and transitional provisions:



§ 4

(1). The law shall enter into force on the 1. January 2007, see. However, paragraphs 2 to 9.

(2). The Minister shall determine the time of the entry into force of the provisions in § 1, nr. 1-23, 26, 49, 50 and 52, or portions thereof, but no later than the 1. January 2007. The Minister can also set different effective dates for the individual counties. 2) the rights and duties of the Councils of the Regions in these provisions shall enter into force on 1 January, however. January 2007.

(3). The county municipalities or States concerned assist until the 1. January 2007 the Minister concerning the tasks, which the Minister takes over in accordance with paragraph 2. The Minister shall make provision for assistance after detailed discussion with the concerned county municipalities.

(4). § 1, nr. 30, shall enter into force on the 1. January 2006, so that the Minister no later than the 1. July 2006 shall notify the individual Municipal Council the amount of the fee is to cover in the municipality for the budget period 2007.

(5). The County Council will draw up basic analysis, see. section 40 of the Act on environmental objectives, etc. for water bodies and international nature conservation areas for the Natura 2000 areas on land and within the coastal part of the water district by 1. July 2006.

(6). § 4, paragraph 5, shall enter into force on the day after publication in the Official Gazette. 3)

(7). § 1, nr. 51, and § 2, nr. 38, shall enter into force on the 1. July 2005.

(8). Act on certain procedural issues in the context of local government reform, including rules issued pursuant to law, shall apply mutatis mutandis in connection with the job movements between the county municipalities and the State, which is done according to § 1, nr. 1-23, 26, 49, 50 and 52 of this Act before the 1. January 2007.

(9). Paragraph 8 shall enter into force on the 1. July 2005.

§ 5

In so far as the rules in other legislation imposes an authority to comply with the guidelines in a region level, and where the consequences of this legislation, the obligation is changed to an obligation to comply with a water level, the competent authority must also comply with the guidelines in a region level, temporarily, in whole or in part, is maintained under section 3 (1) or (2) or section 4 (2) in the law amending the law on planning (Implementation of government reform).




Act No. 571 of 9. June 2006 amending the Act on nature protection, the law on environmental protection and various other laws (Amendment of appeal and appeal provisions in a number of laws in the field of the environment), if section 7 is concerned, section 53, includes the following entry into force and transitional provisions:



§ 12

(1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2.

(2). § 11 shall enter into force on the 1. July 2006.

(3). Cases per 1. January 2007 brought to Environmental complaints board, completed in accordance with the existing rules.




Act No. 1571 by 20. December 2006 amending the Act on the protection of the environment, the law on the protection of the marine environment and various other laws (repeal of access to transfer authority to local communities and the change of delegation rules, etc. in a number of laws on nature and the environment) if section 4 of the terms of section 29, paragraph 3, and section 50 (1) and (3), includes the following entry-into-force provision:



§ 23

(1). The law shall enter into force on the 1. January 2007.




Act No. 508 of 17. June 2008 amending the law on nature protection, the law on hunting and wildlife management and various other acts (implementation of directives on nature protection), which amends section 36, includes the following entry-into-force provision:



§ 16

The law shall enter into force on the 1. July 2008.




Act No. 1402 by 27. December 2008 amending the law on water supply, etc. and act on environmental objectives, etc. for water bodies and international nature protection areas (regulation of fee to drinking water protection, etc.), which inserts section 8 (a) and change the section 35 and annex 2, part A, no. 3, includes the following entry-into-force provision:



§ 3

(1). The law shall enter into force on the 1. January 2009.

Paragraphs 2 to 7. (Omitted)




Act No. 514 of 12. June 2009 amending the law on nature protection, the law on hunting and wildlife management and various other laws (the protection of certain animal species, etc.), which modifies the footnote to the title of the Act, includes the following entry-into-force provision:



section 13

The law shall enter into force on the 1. October 2009.
The Ministry of the environment, the 24. September 2009 Troels Lund Poulsen/Niels Christensen Annex 1

Map annex


Annex 2

WATER PLANS











(A).





Water plan shall contain the following:





 



1)





A summary of the basic analysis, see. § 6. The Executive summary should include:





 


 



1.1)





A general description of the water district's characteristics:





 

 

 



(a))





for surface waters:





 

 

 

 



in)





mapping of the location and boundaries of water bodies,





 

 

 

 



(ii))





mapping of types of surface water bodies within the river basin and the adjacent coastal waters,





 

 

 

 



(iii))





identification of reference conditions for the various types of surface water,





 

 

 



(b))





for groundwaters:





 

 

 

 



in)





mapping of the location and boundaries of groundwater.





 

 



1.2)





A summary of significant pressures and impact of surface water and groundwater caused by human activity, including:





 

 

 

 



in)





estimation of point source pollution,





 

 

 

 



(ii))





estimates of pollution from diffuse sources, including a summary of land use,





 

 

 

 



(iii))





estimate of the loads of the quantitative status of water including abstractions,





 

 

 

 



(iv))





analysis of other impacts of human activity on water mode.





 



2)





Information on the location of the protected areas, in accordance with article 3. § 7.





 



3)





A designation of areas with special interests, areas with drinking water drinking water interests, sensitive reclamation areas and fields of action.





 



4)





Map of created surveillance networks, see. § 22.





 



5)





Map showing the State of surface water (ecological and chemical), groundwater (chemical and quantitative) and protected areas, see. § 22.





 



6)





Environmental objectives for surface waters, groundwaters and protected areas, see. § 10, including details of and reasons for those cases in which there is set out more stringent environmental objectives referred to in article 6. § 18, and less stringent environmental objectives, see. § 16 and § 17, where the surface water designated as artificial or heavily modified, without prejudice. section 15, as well as where the time limit laid down in the law is extended, see. § 19.





 



7)





The programme of measures, including economic analysis, which shall be drawn up in connection with this regulation. section 25, and a summary of the programme, including an indication of how environmental objectives are met through the program, as well as the basis on which the prioritization of objectives and means to achieve the objectives are carried out.





 

 



7.1.





A summary of the measures required to implement Community legislation on the protection of water.





 

 



7.2.





A report on the practical steps and measures taken to apply the principle of recovery of the costs of water use.





 

 



7.3.





A summary of the measures taken in order to meet the requirements of section 8 and 13.





 

 



7.4.





A summary of the measures for the control of water abstraction and impoundment of water, including reference to the registers and identifications of the cases where exemptions have been made.





 

 



7.5.





A summary of the controls adopted for point source discharges and other activities that affect water status, in accordance with section 25.





 

 



7.6.





Identifications of the cases where permission is given for direct discharges into groundwater.





 

 



7.7.





A summary of the measures taken on priority substances.





 

 



7.8.





A summary of the measures taken to prevent or reduce the effects of pollution accidents.





 

 



7.9.





A summary of the measures provided for under section 25 for bodies of water, where the objectives of Chapter 6 of the Act not likely met.





 

 



7.10.





Details of what additional measures that are considered necessary to achieve the stated environmental objectives.





 

 



7.11.





Details of the measures taken in order to avoid increasing pollution of marine waters.





 



8)





A statement of the conditions under which circumstances that are exceptional or that could not reasonably have been foreseen may be invoked, see. section 11, paragraph 2, including the identification of appropriate indicators.





 



9)





A summary of the measures taken with regard to information and consultation of the public, what results have been achieved, and what changes in the plan they have caused.





 



10)





A list of local councils in the water district.





 




11)





Information on access to the documents and information, etc. that are used in connection with the preparation of the water plan, and in particular details of the control measures adopted under section 25, and what actual monitoring data collected in accordance with section 22.





 



12)





An overview of supplemental plans for sub-basins, sectors, issues or water types, together with a summary of their content.





 

 

 

 

 

 





(B).





Any revision of the water plan shall, in addition, contain the following:





 



1)





An assessment of the progress that has been made in order to meet environmental objectives, including presentation of the monitoring results for the previous plan period in the form of map, and an explanation for any environmental objectives are not met.





 



2)





A summary of any changes made after the publication of the previous water level regulation. section 3, paragraph 3.





 



3)





A summary of, and an explanation for, any measures foreseen in the previous water level, but which was not implemented.





 



4)





An overview of the effects of the measures taken or to be taken.









Official notes 1) Act contains provisions implementing parts of Council Directive 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive), (Official Journal 1979 No. L 103, page 1), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368), Council Directive 79/923/EEC of 30. October 1979 on the quality required of shellfish waters (Official Journal 1979 No. L 281, p. 47), parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive), (Official Journal 1992 nr. L 206, p. 7), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368), and parts of the European Parliament and Council Directive 2000/60/EC of 23. October 2000 establishing a framework for Community action in the field of water policy (water framework directive), (Official Journal 2000 No. L 327, page 1).

2) Minister of the environment, by order No. 1122 by 10. November 2006 on entry into force of the provisions of the law on environmental objectives, etc. for water bodies and international nature protection areas provided that section 1, nr. 1-23, 26, 49, 50 and 52, will enter into force on 1. January 2007.

3) Law is promulgated in the Official Gazette on April 25. June 2005.