The Order Of The Law On The Protection Of The Outer Cook For Tøndermarsken

Original Language Title: Bekendtgørelse af lov om beskyttelse af de ydre koge i Tøndermarsken

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127083

Overview (table of contents) Chapter 1 Chapter 2 Chapter 3 Purpose geographical area Area categories Chapter 4 Adjustments in land use Chapter 5 Duty to bevanding Chapter 6 operation of sustained grazing Chapter 7 Chapter 8 Chapter 9 works Compensation public access Chapter 9 (a) environmental damage to protected species or international nature protection areas Chapter 10 Administrative provisions Chapter 11 criminal, entry into force and transitional provisions Annex 1



Annex 2



Annex 3



Annex 4



Annex 5



Annex 6



Annex 7 The full text of the Ordinance of the law on the protection of the outer Cook in Tøndermarsken1)

Hereby promulgated law on the protection of the outer Cook for tøndermarsken, see. lovbekendtgørelse nr. 1041 of 20. October 2008, with the changes imposed by section 7 of the Act No. 514 of 12. June 2009.

Chapter 1 section 1 geographical area. The law applies to the following areas in tøndermarsken: 1) New Frederikskog, apart from the urban areas and detached house seized the area located in the rural zone South of Ha town.

2) Old Frederikskog.

3) Rudbøl Boil.

4) Areas within ådigerne by Vidåen from Møllehusvej to Højer Sluice and by Sønderåen from railway dam Barrels-Tench Lugum.

5) Ådiger that delimits the area referred to in (i); 4.6) Ha.

7) the Western side of the dike from the Ha to the Rudbøl until the roadway.

(2). Law area is shown on the map annex 1-6.

Chapter 2 section 2 Purposes. The law is intended to preserve the Barrels the marshland outer Cook and the lower part of the Vidå system as a total natural area of national and international importance, as well as to educate the public about Barrels marshland fredningsmæssige values.

(2). The Act's powers must be used to ensure 1) maintenance of the biological, cultural and landscape values, associated with the operation of large coherent, continuous grazing land with bevanding, 2) maintenance of operation of pasture land, 3) maintaining regular water level oscillations in the lower part of the Vidå system, 4) improvement as well as operation and maintenance of installations for the water supply of open boundary ditches, etc. in New Frederikskog , Old Frederikskog and Rudbøl boil and 5) indpumpning of water from Vidåen to divide the ditches in the areas to be used for grazing land with bevanding.

(3). In the exercise of the powers of the Act must take into account the agricultural operation and veterinary hygienic conditions.

Chapter 3 section 3 Area categories. The areas covered by the law, be divided according to the future use of 1) persistent grasslands, 2) areas of permanent pasture and 3) other areas.

Persistent grassland



§ 4. Persistent grasslands include agricultural land outside the areas shown on the map in annex 7, as well as the agricultural land within these areas which, in sections 5 and 6 are appointed for renewable grassland.

§ 5. The Minister shall designate, before 1. April 1990 persistent grasslands within the areas shown on the map annex 7, in accordance with the following guidelines: 1) in New Frederikskog appointed 54 hectares and in Rudbøl Cook 25 ha.

2) it should be sought, to the areas not designated as persistent grasslands, placed in total units around existing agricultural buildings and appropriate in relation to bevandingssystemet.

3) in as far as possible, be designated areas that have hitherto remained in the grass.

(2). Prior to the designation referred to in paragraph 1 shall request the Minister for an opinion on the proposal for the appointment of the Committee referred to in article 47.

§ 6. Prior to the designation referred to in section 5, shall be carried out by DG's measure of agricultural land consolidation within the area.

(2). Reparcelling as referred to in paragraph 1 is effected according to the rules laid down in the law on land consolidation and public purchase and sale of real estate for agronomic purposes, etc. (the land consolidation Act), since the restrictions mentioned in the land consolidation Act § 3 (2) and (3) do not apply to land distribution with cutoff date before 1 January 2002. April 1990.

(3). If it is in the interest of loddernes natural boundary is necessary for the implementation of land consolidation in accordance with paragraph 1 and paragraph 2, is a landowner liable for, where the value of the given area exceeds the value of the land granted to him by the plan, to receive compensation for the difference in value of money within an amount of 30,000 USD and not beyond 30 per cent of the value of the provided area.

§ 7. Environment Minister announces the areas after the 1. April 1990, see. sections 4 and 5, are persistent grassland. Notice happens in the Official Gazette and in one or several local magazines, like the affected site owners shall be informed in writing.

Areas of permanent pasture



§ 8. Land in cultivation include agricultural land within the areas shown on the map in annex 7, which is not in accordance with § 5 are appointed for renewable grassland.

Other areas



§ 9. Other areas include the areas not covered by sections 4 and 8.

Chapter 4 Adjustments in land use Provisions for the whole area



§ 10. There must be no 1) hamlet in the area or making further entered major renovations and additions to existing houses, 2) establishment of other solid structures and plants than buildings or 3) established new road construction, unless special circumstances speak for it.

(2). The provision in paragraph 1, no. 1, does not prevent the construction of houses, there are commercial necessity for the operation of an agricultural estate. The building must not serve to the pig farm, fur farming, poultry farm or horticulture, and height shall not exceed 8.5 m. Buildings ' location, appearance and extent must be approved by the Municipal Council.

§ 11. There may not be terrain modification, including the exploitation of deposits in the soil, cutting or filling.

(2). The provision of paragraph 1 shall not apply to 1) have areas, 2) maintenance of dikes in the area and the need for repair of levees in erosion soggy tøndermarsken, 3) usual cultural measures on agricultural land, including the establishment and maintenance of grøble render as well as maintenance of water holes, 4) establishment of bevandingskanaler and boundary ditches as well as maintenance of ditches, channels and streams or 5) the necessary maintenance of roads.

§ 12. There must not be planted or sown in trees and shrubs.

(2). The Municipal Council can as a care measure remove the self-seeded trees and shrubs.

(3). Paragraphs 1 and 2 shall not apply to areas used as garden areas related to development.

§ 13. Hunting is not allowed in Rudbøl Lake and Magisterkog.

(2). Injurious wildlife may, however, be combated in accordance with the provisions of the law on hunting and wildlife management.

§ 14. Fishing with nets and seines is not allowed. The ban does not include ruse fisheries.

(2). Fisheries can regardless of the provision in paragraph 1 allow control fisheries.

§ 15. Boating is permitted, but only with rowing boats and motor boats.

(2). Sailing with the motor boats may only be done with a speed of up to 5 knots.

(3). In Magisterkog are all sailing with the motor boats prohibited in rørskoven and waterlily belts. Anchoring by the banks and country time, except in the case of Lust, is allowed only for landowners.

(4). The local authority may lay down detailed rules for the navigation, etc.

Particular requirements for persistent grassland



§ 16. Areas must be maintained as the grasslands with grazing. When, however, must be carried out after the 15. June.

(2). Land must not be converted.

(3). The Minister may lay down detailed rules on grazing pressure on the land.

§ 17. Land must not be drained.

(2). Surface grøbling as well as the construction and maintenance of canals and ditches must only be carried out outside the period 15. March-15. June.

(3). The Minister may lay down rules to the effect that the modifications and repairs of existing sinks in specified instances are allowed.

§ 18. May not be hegning. Existing fence along the boundary ditches must be removed in connection with the repair work under section 31, but no later than the 1. April 1994.

(2). The rules laid down in paragraph 1 does not apply to hegning, which is necessary for reasons of safety, or hegning digernes along roads, drainage and irrigation supply channels and along the border.

(3). The rules laid down in paragraph 1 shall not apply to any necessary hegning at the joints as well as the establishment and maintenance of fang fold.

(4). The Minister may lay down rules on hegning, including hegning is allowed in other cases than those referred to in paragraphs 2 and 3.

§ 19. Fertilization of areas with commercial fertilizer may only happen in previous extent, up to a maximum of 75 kg of N per hectare. Application of commercial fertilizer with phosphorus and potassium are not allowed.

§ 20. Do not use chemical pesticides.

§ 21. (Repealed) section 22. Areas, who do not know the law's entry into force hoarded in grass, and which is outside the short annex 7 showed areas, by 1. April 1994 be construed to permanent grassland.

Particular requirements for other areas



§ 23. In Rudbøl Lake and Magisterkog Municipal Council as care measure can make rørskær. The Municipal Council may also, in exceptional cases, involving rørskovs land in Magisterkog for grazing and mountain hay.


(2). In Rudbøl Lake, Hasbjerg Lake and Magisterkog can make Lake restoration and purification of municipal water areas and channels and to a limited extent establish or authorize the establishment of new channels, etc.

Chapter 5 Duty to bevanding § 24. Crucible by is obliged to carry out indpumpning and forwarding of water from Vidåen to the channels used for the water supply of the boundary ditches in New Frederikskog, Old Frederikskog and Rudbøl Boil.

(2). Owners of land that must remain as persistent grasslands, are required to make water supply to these areas by initiating and, where necessary, forwarding of water to the boundary ditches, etc.

(3). Indpumpning of water is done according to the regulations in force at any time. Details of the conditions referred to in paragraphs 1 and 2, shall be determined by the Municipal Council in an addendum to the regulation, drawn up in accordance with the rules of the Act on provision of river water regulations.

(4). Amendment of the regulation as referred to in paragraph 3 can only happen if the Municipal Councils agree. Disputes between municipal councils is determined by the Minister for the environment.

§ 25. Maintenance of installations for indpumpning and forwarding of water as mentioned in article 24, paragraph 1, in accordance with the regulation, including the clean-up of boundary ditches, it is incumbent on pot.

section 26. The State shall bear the expenses pot by finally applied by the in article 24, paragraph 1, and article 25, those obligations.

(2). The Minister of the environment shall approve the annual budget and accounts for the expenditure referred to in paragraph 1, upon the recommendation of the Municipal Council and may lay down detailed rules on budgetary, accounting and auditing.

Chapter 6 operation of sustained grazing § 27. The Minister for the environment set up to ensure the future of the renewable pasture grazing a pasture system, which enables the rental and operation of it;

(2). Grazing system includes the State-owned renewable grassland as well as other persistent grasslands, where the owner may want this, or which are not operated in accordance with the provisions of section 16 or rules thereunder.

(3). The Minister shall lay down detailed rules concerning the grazing scheme. That can be fixed including rules on minimum period of participation, about the obligation to let land cover of the system, designed to monitor and control whether specific veterinary measures, about the rental of larger areas as well as on the financial statements.

(4). Profits from grazing scheme shall be paid to the landowners, while possibly deficit be held permanently by the State.

section 28. The Minister of agriculture may, in agreement with the Minister of the environment establish detailed rules on veterinary hygienic conditions.

(2). In rules issued in accordance with paragraph 1, it may be provided that the costs of specific measures shall be borne by the State.

Chapter 7 Compensation section 29. Compensation for the losses the law inflicts owners, users, etc., of the areas covered by the law.

(2). In the absence of amicable agreement be decided by valuation authorities in accordance with the law on public roads. Environment Minister earns compensation issues for the valuation authority.

(3). Whether these proceedings for valuation services and about the amount that fixing and payment, see § 51, paragraphs 2 to 4 and 7, §§ 52-56 and § § 63-67 of the law on public roads apply mutatis mutandis, as the Environment Minister in lieu of vejbestyrelsen.

(4). The Minister of the environment may require made try appraisement record of properties or parts of properties, which are covered by the law.

(5). It must be explicitly expressed owners and others who find it necessary to convene the Commission valuation to try appraisement record that this in no way prejudges nothing with regard to their participation in land consolidation in accordance with section 6. The person concerned shall provide all necessary information. This information is taken into account in the further treatment.

(6). Try appraisement record made for the Environment Minister Bill and may not be appealed to over taksationskommissionen.

section 30. The State pays out a total allowance of DKK 200/ha grassland, covered by the Environment Minister's ban by 14. March 1986 under section 11 of the Act was passed against the cultivation, etc. of land in tøndermarsken, which extended until 17. March 1988 pursuant to law No. 94 of 11. March 1987 on the extension of the ban on cultivation, etc. in tøndermarsken. The Minister of the environment shall ensure payment of the amount.

(2). If a landowner believes to be able to claim a greater indemnity than those specified in paragraph 1, notify this to the Minister he. The provisions of § 29 (2) and (3) shall apply mutatis mutandis.

Chapter 8 section 31 construction works. The Minister can carry out construction and repair works for the purpose of improving the water supply in the boundary ditches in New Frederikskog, Old Frederikskog and Rudbøl Boil.

(2). Municipal Councillor responsible for the design and execution of the works referred to in paragraph 1. The draft presented to the Management Board for an opinion digelagets project.

section 32. The State holds final expenditure for the fixed asset.

section 33. The Municipal Council may for the execution of construction works carry out expropriation.

(2). Expropriation shall be carried out in accordance with the provisions of the law on public roads, section 43, paragraph 3, §§ 44-45, 47-56 and § § § § 63-67, since the Municipal Council in lieu of vejbestyrelsen.

§ 34. Regulation for the facilities referred to in section 31 shall be drawn up by the Municipal Council. The provision in section 24 (3), 2. paragraph, and (4) shall apply mutatis mutandis.

section 35. For the maintenance and operation of the facilities referred to in section 31, in accordance with the regulation, the provisions of §§ 25 and 26.

§ 36. Councillor leaves expropriation decisions under section 33 things bright on the property.

Chapter 9 public access section 37. In addition to the nature conservation Act § 26 provided for road and right of residence has the public after Municipal Board's determination to access highway on foot on the dikes.

(2). The public does not have the right to movement and residence outside the public paths at Rudbøl Lake and in Magisterkog in the area enclosed by the dikes.

(3). The Municipal Council may restrict the rights of access referred to in paragraph 1.

Chapter 9 (a) environmental damage to protected species or international nature protection areas § 37 a. environmental damage or an imminent threat of environmental damage for the purposes in accordance with §§ 7, 10 and 11 of the environmental damage the law.

section 37 (b). By the person responsible for the operation means the who operates or controls the occupational activity.

(2). By the person responsible for the environmental damage or an imminent threat of environmental damage shall mean the person responsible for the operation, if the damage or the imminent threat of an injury caused by reckless behaviour on the part of the person concerned.

section 37 (c). The person responsible for the operation may be in the event of environmental damage or an imminent threat of environmental damage immediately notify the local authority of all relevant aspects of the situation.

(2). The person responsible for operation should immediately initiate the necessary preventive measures to avert an imminent threat of environmental damage. The person responsible for the operation, where environmental damage has occurred, immediately implement any practicable measures to reduce the level of injury and prevent further damage.

(3). The Municipal Council shall ensure that the obligations referred to in paragraphs 1 and 2 are met, although there is not yet a decision under section 37 (f).

§ 37 d. The Municipal Council may order the person in charge of the operation to provide the information relevant for assessing whether there has been environmental damage or an imminent threat of environmental damage. The person responsible for the operation can be imposed including, at its own expense, to carry out investigations, analyses, measurement of substances and the like. in order to clarify the cause and effect of a place found the influence of nature or the environment.

§ 37 e. Injunction pursuant to section 37 (d) can be granted, regardless of whether the person responsible for its operation have available over the property where there is a demonstrated impact of nature or the environment. In order to provide for an obligation for the restoration of the property.

(2). If the person responsible for the operation does not have the availability of the property, can notify the Municipal Council, which has the availability of the property, the injunction to tolerate, that studies etc. carried out by the person responsible for the operation. The order is binding as against the person at any time has the availability of the property.

§ 37 f. If there is environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage Act, the Municipal Council shall take a decision thereon.

(2). The Minister may lay down rules to the effect that the local authority must submit a draft decision in accordance with paragraph 1 in order to obtain a binding opinion from the Minister whether there is environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage the law. The Minister may also lay down rules to the effect that the binding first opinion can be appealed as part of an appeal against a decision in accordance with the environmental damage Act Chapter 2 or 3.

section 37 g. If there is environmental damage, which affects or may affect another Member State, it shall take a decision thereon, regardless of Municipal Council that no under section 37 (f) can be decided on who is responsible for the environmental damage.


§ 37 h. Municipal Council will send the decision on the existence of an environmental damage or an imminent threat of environmental damage, and the material that has been concluded in the assessment of the case, to the Minister for the environment. The transmission must be carried out while under the direction of the person responsible for this.

(2). The Municipal Council shall publish the decision.

(3). The Minister may lay down rules on the publication.

(4). Decision on the existence of an environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage the law, can only be appealed as part of an appeal against a decision in accordance with the environmental damage Act Chapter 2 or 3. Complaint period shall run during the same period as the time limit for appeal the decision after environmental damage the law, and the complaint must be filed in accordance with environmental damage § 52.

§ 37. At the request of a complainant is entitled under section 44, paragraph 4, nr. 2-5, the Municipal Board upon request from the complaint justified decision pursuant to section 37 (f) or section 37 g.

(2). The request must be accompanied by the relevant information concerning the alleged environmental damage or the imminent threat of environmental damage.

(3). The Municipal Council may refuse to decide whether there has been an environmental damage or an imminent threat of environmental damage, if the request is not accompanied by the information referred to in paragraph 2.

Chapter 10 Administrative provisions § 38. The Municipal Council may permit derogations from the provisions of section 10, paragraph 1, article 11, paragraph 1, article 12, paragraph 1, article 13, paragraph 1, article 14, paragraph 1, article 15, paragraphs 1-3, section 16, paragraph 2, article 17, paragraph 2, section 19 and section 37, paragraph 2, when it applied for will not come in conflict with the law's purpose.

(2). The Municipal Council may authorize certain derogations from the provision in article 20 in accordance with detailed rules to be determined by the Minister for the environment.

(3). The Municipal Council shall notify the Minister of the environment on the decisions taken in accordance with paragraphs 1 and 2.

(4). The Minister may lay down detailed rules for the Municipal Board's treatment of applications for authorisations referred to in paragraph 1.

§ 39. The Minister may, in exceptional cases, make changes in the demarcation of areas of the law, see. § 1, and by the breakdown of the areas contained in Chapter 3.

(2). The Minister's decisions in accordance with paragraph 1 shall be communicated in writing to the owners and holders of other rights of the affected properties. Decisions must also be published in the Official Gazette and in one or several local magazines.

§ 40. The Municipal Council shall ensure compliance with this Act and the regulations, to be laid down pursuant to the law.

(2). Fisheries control shall ensure compliance with the provision in section 14, paragraph 1.

(3). The Municipal Council will be aware of an illegal relationship, the local authority search relationship legalised. The Municipal Council can hereby announce the necessary orders, including orders that a landowner who does not comply with the provisions of § 16, must leave the area included in the grazing system, referred to in section 27.

(4). The Municipal Council shall ensure that orders are met, and that the conditions laid down in the permits are complied with.

(5). The Minister may lay down detailed rules for the exercise of supervisory activities.

§ 41. It is the responsibility of the at any time being the owner or user of a property to correct an illegal relationship, unless otherwise provided in Chapter 9 (a).

(2). When a judgment granted by injunction to correct an unlawful failure to comply in a timely manner and the recovery ratio of coercive fines cannot be assumed to lead to that the descendant order was made, the Municipal Council make it necessary for rectification of the relationship at the owner's expense.

§ 42. Conditions attached to authorizations or approvals under the Act or regulations issued pursuant to the law, is binding on the owner and holder of other rights over the property without regard to when such a right is founded. The condition can be registered on the property.

section 43. Permissions that are granted by law or pursuant to regulations issued pursuant to the law, will lapse if they are not exercised within 5 years of the date of notification. The authorization shall include a statement to that effect.

§ 44. Municipal Board's decisions concerning the obligation to bevanding under section 24 and the regulations in force at any time can be appealed in accordance with the rules of the river law. River law concerning decisions in the river matters shall also apply to the Municipal Board of Directors ' decisions.

(2). Municipal Board's decisions under section 37, paragraph 3, and § 38 about derogations from section 10, paragraph 1, article 11, paragraph 1, section 19 and section 37 (2), an appeal may be lodged to the Nature of the complaints board 1) the addressee of the decision, 2) the owner of the property to which the decision relates, 3) Pot by for Marshland at the Barrels, once the decision relates to questions of importance for the operation and maintenance of dikes and drainage-and bevandingsanlæg , 4) anyone who, incidentally, has an individual, substantial interest in the matter, 5) public authorities, 6) local associations and organisations with a substantial interest in the decision, 7) Danmarks naturfredningsforening Danish ornithological society and 8) and Open-air Council, once the decision affects significant recreational interests.

(3). Municipal Board's decisions under section 33 are open to appeal to the complaints board Nature of the addressee of the decision.

(4). Municipal Board's decisions can be appealed in accordance with Chapter 9 (a) the Nature of the complaints board 1) the addressee of the decision, 2) any person who has a substantial interest in the matter, individual, 3) nationwide associations and organizations whose main purpose is the protection of nature and the environment, 4) nationwide associations and organisations which, by their articles of Association carries out significant recreational interests, when decision affects such interests, and 5) local associations and organisations who has the protection of nature and the environment as the main purpose.

(5). Municipal Board's other decisions under the law may not be appealed to any other administrative authority.

(6). The Municipal Council must in writing inform the legitimate complaint about decisions that may be appealed in accordance with paragraph 2, including public authorities, likely to have an interest in the matter. There must, however, be granted only in writing to those referred to in paragraph 2, no. 6, referred to associations and organisations, provided that they have asked the Municipal Council to that effect. Under the direction of the people, etc., as covered by paragraph 2, nr. 4, can take place at the public announcement of the basic regulation. (7).

(7). The Municipal Council must publish all decisions can be appealed in accordance with paragraph 2, unless they are of minor importance.

(8). Complaint deadline is 4 weeks from the day the decision is announced. The decision is publicly announced, deadline, however, always from the notice of complaint is considered. If the appeal period expires on a Saturday or holiday, the deadline is extended to the following business day.

(9). Complaints in accordance with paragraphs 2 to 4 shall be submitted in writing to the local authority. The Municipal Council will forward the complaint to the complaints board accompanied by the Natural appeal and the material that has been signed by their rating.

Paragraph 10. Permissions may not be exploited before the appeal period has expired. Timely appeal has suspensive effect of the appeal, unless the complaint authority decides otherwise.

section 44 (a). Natural complaints Board President may, on behalf of the Board decide the appeal in accordance with the law, when the complaint is deemed not to contain the subjects of major interest in relation to the Act's purposes.

(2). By complaint under section 44, paragraph 4, nr. 3 and 4, can Natural complaints require that associations or organizations documenting their complaint eligibility by submitting articles of association or in any other way.

(3). Natural complaints Board's decisions cannot be brought before another administrative authority.

§ 45. The Minister shall, in collaboration with other authorities concerned an ongoing monitoring of the area's development and use.

§ 46. The Minister in charge of cooperation with local authorities and other concerned authorities guidance and information about the natural and cultural history.

§ 47. Municipal Councils shall establish an Advisory Committee for tøndermarsken to advise on major and fundamental questions in connection with the law.

section 48. 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.

§ 49. Authorities in accordance with the law, or persons who are authorized by those authorities, if necessary, after prior notification and against the proper identification without court order access to properties that are subject to the law, to exercise supervision and to carry out studies of the importance of the fulfilment of the Act's purposes.

(2). Paragraph 1 shall not apply to buildings or parts of buildings used exclusively for a private dwelling.

(3). The police provides assistance for that purpose. The Minister of Justice may, after negotiation with the Minister of the environment establish detailed rules on the subject.


section 49 (a). The Minister may lay down rules on the fees for total or partial coverage of the authorities ' costs of administration of law.

section 49 (b). The Minister shall lay down for the purpose of implementation of the European Community directives and decisions on nature protection area rules about the cases in which and the conditions under which derogations may be granted under section 38 (1) and (2).

Chapter 11 criminal, entry into force and transitional provisions § 50. With fine punished anyone who 1) violates section 10, paragraph 1, article 11, paragraph 1, article 12, paragraph 1, article 13, paragraph 1, article 14, paragraph 1, article 15, paragraphs 1-3, article 16, paragraphs 1 and 2, article 17, paragraphs 1 and 2, article 18, paragraph 1, section 19, section 20, section 22, section 24 (1) and (2), § 25, § 37 (2), 2) fails to provide notification or take measures as referred to in section 37 (c) , 3) fails to comply with the injunction in accordance with § 37 section 37 d or e, 4) takes precedence over the terms of a permit or approval in accordance with the law or rules laid down by the law or 5) fails to comply with an injunction to correct an illegal relationship.

(2). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the legislation.

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

(4). The period of limitation for criminal liability for violation referred to in paragraph 1, no. 1-4, is 5 years.

§ 51. The law will enter into force on 15. March 1988.

(2). Act No. 94 of 11. March 1987 on the extension of the ban on cultivation, etc. of land in tøndermarsken is repealed.

(3). The Minister for the environment of the 13. March 1987 pursuant to the referred to in paragraph 2, the law extended the ban, however, applies for pasture within the areas referred to in § 5 until 1. April 1990, unless the Minister determines otherwise.

Act No. 1110 of 21. December 1994 relating to the modification of the law on the protection of the outer Cook for tøndermarsken, which repeals section 14, paragraph 2, and article 20, § change and relate to 37, paragraphs 1 and 2, article 38, paragraphs 2 to 4, § 40, § 47 and section 50 (1) (8). 1, includes the following entry-into-force provision:

§ 2 the law shall enter into force on the 1. April 1995.

Act No. 392 of 28. May 2003 amending the Act on the protection of the outer Cook for tøndermarsken, which repeals section 19, paragraph 2, and article 21, relating to and change the section 12, section 19 (1), (2). paragraph, article 23, article 24, paragraph 3, the heading to Chapter 9, article 37, article 38, paragraph 1, article 44, paragraph 47 and section 50 (1) (8). 1 and 3, and inserts new section 49 (a), includes the following entry-into-force provision:

§ 2 paragraph 1. The law shall enter into force on the 1. July 2003.

(2). Decisions, that the appeal was lodged before the entry into force of the Act, completed after the existing complaint rules.

Act No. 442 of 9. June 2004 on legal certainty at the Administration's use of coercive measures and information duties relating to section 49 (2), includes the following entry-into-force provision: section 24. The law shall enter into force on the 1. January 2005.

Act No. 535 of 24. June 2005 on land consolidation and public purchase and sale of real estate for agronomic purposes (the land consolidation Act), which amends section 6, includes the following entry-into-force provision:

section 28 Law shall enter into force on the 1. July 2005, see. However, paragraph 2.

(2). (Omitted)

Act No. 564 of 24. June 2005 on amendments to the law on the protection of the marine environment, the law on watercourses, law on holiday homes and camping, etc. and various other laws (Mintage of local government reform in a number of laws on nature and the environment), which amends sections 1, 10 12, 15, 23, 24, 26, 31, 33, 34, 36, 37, 38, 40, 44, 45, 46 and 47, contains the following transitional and commencement provision:

section 16 (1). The law shall enter into force on the 1. January 2007.

Paragraphs 2 to 4. (Omitted)

(5). Cases in accordance with the law on the protection of the outer Cook for tøndermarsken, who at the time of the entry into force of the Act is not completed in the County Council, be transferred to the Municipal Council, see. section 4 of this law.

Paragraph 6-8. (Omitted)

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), which amends section 45 and section 48, includes the following entry-into-force provision:

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

(2). (Omitted)

Act No. 507 of 17. June 2008 amending the law on the protection of the environment and various other acts (Implementation of environmental liability directive), which modifies sections 41, 44 and 50 and insert new chapter 9 a (§ § 37 a-37 in) and new section 44 (a), includes the following entry-into-force provision:

§ 15 paragraph 1. The law shall enter into force on the 1. July 2008, see. However, paragraph 3.

Paragraphs 2 to 4. (Omitted)

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 inserts new section 49 (b), includes the following entry-into-force provision:

§ 16 Law shall enter into force on the 1. July 2008.

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 changes the footnote 1 to the law's title, includes the following entry-into-force provision:

§ 13 Act shall enter into force on the 1. October 2009.

The Ministry of the environment, the 24. September 2009 Troels Lund Poulsen/Hans Henrik Christensen



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Annex 6



Annex 7



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), 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 of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (the official journal of the European Union 2004 nr. L 143, page 56).