Ordinance on the control of Giant Hogweed
Under section 10 (2) and (3) 1. PT., §§ 12-14, § 16 and § 18, paragraph 2, of the law on the operation of agricultural soils, see. lovbekendtgørelse nr. 191 of 12. March 2009, and under the authority shall be based on:
§ 1. The municipality may, in accordance with an adopted and published action plan, instruct the owners or users of land, where there are Giant Hogweed, to fight against the plant.
(2). The municipality has published an action plan finally adopted, have owners or users of land referred to in paragraph 1, the obligation to combat the plant efficiently in accordance with the action plan.
(3). The obligation to combat the plant in accordance with the framework for action also applies to public authorities.
§ 2. Control of Giant Hogweed should lead to the individual plant within the containment area die. The fight must also be carried out in such a way that each plant at no time in the action period reproduces itself.
(2). Action plan, see. § 1 shall contain an indication of the betting area and one or more time periods within which fight each year must have taken place, as well as guidance in which appropriate control methods can be used.
§ 3. Draft action plan will be published after the Municipal Board's adoption. By publication shall be informed of the time-limit referred to in paragraph 2.
(2). The Municipal Council shall fix a time limit of at least 8 weeks for making objections, etc. against the draft action plan.
(3). After the expiry of the deadline referred to in paragraph 2, the Municipal Council adopt and publish action plan finally.
§ 4. The municipality shall carry out checks to ensure compliance with the action plan and orders issued under section 5.
(2). The municipality has under section 13, paragraph 2, of the law on the operation of agricultural soils, at any time against proper identification access to areas covered by the action plan for the implementation of control or eradication.
§ 5. If the action plan's provisions on the control of Giant Hogweed is not complied with, may order the municipality concerned owner or user making the fight. The owner or keeper shall be given a period of not less than 14 days to make the fight.
(2). It must appear in the order that the municipality can make the fight, if the order is not complied with. It must also indicate, when the municipality will carry out checks on whether the order is complied with, taking it at the same time, indicate that the fight at the district's measure on the same occasion can be launched. In addition, it must indicate that the owner or keeper is punishable, without prejudice. § 7, if it is established that the order is not complied with.
(3). When the municipality making the fight shall take utmost account of farming in the area affected by the fight, including, it must be ensured that the selected control method is not to the detriment of organic farms or conflicts with other regulation for the area, as well as that in the selection of control method taking into utmost account of the surrounding environment.
§ 6. Action plan consistent with the substantive requirements specified in § 2 as well as the municipality's decisions under section 5 (1), an appeal may be lodged to the Danish plant Directorate. Agriculture and food, as well as the Danish society for nature conservation and Outdoor Council at their main organizations are the complaint justified.
(2). Complaint shall be submitted to the municipality that forwards the complaint to the Danish plant Directorate with the municipality's comments. By forwarding a copy of the action plan must be attached.
(3). Complaint must be lodged within four weeks from the date of receipt of the decision or within four weeks from the date of the in section 3, paragraph 3 referred to the publication of the action plan, as finally adopted.
(4). The Danish plant Directorate decisions cannot be brought before another administrative authority.
§ 7. Failure to comply with an injunction issued under section 5, paragraph 1, are punishable by a fine.
(2). There may, in accordance with article 18, paragraph 3, of the law on the operation of agricultural lands, imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
§ 8. The notice shall enter into force on the 15. September 2009. At the same time repealed Executive Order No. 17 by 13. January 2006 to combat Giant Hogweed.
(2). Final response plans that have been adopted and published in the 21st century. January 2006, conducted according to the rules set out in Decree No. 889 of 26. August 2004, and retain their validity in the remainder of their work period.
(3). Final response plans that have been adopted and published after 21. January 2006, but before the 15th. September 2009 pursuant to bekendtgørelse nr. 17 by 13. January 2006, retain their validity in the remainder of their work period.
The Danish plant Directorate, the 10. September 2009 Ole p. Kristensen/Dorthe Nielsen