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Announcement Of Law On Environmental Approval Etc. Of Livestock;

Original Language Title: Bekendtgørelse af lov om miljøgodkendelse m.v. af husdyrbrug

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Table of Contents
Chapter 1 Scope and scope
Chapter 2 Prohibition of establishment of livestock use, etc., and location of the place of installation
Chapter 3 Permissions and Approvals
Chapter 4 Poopenings, bans and reassessment
Chapter 5 Supervision
Chapter 5 a Environmental damage
Chapter 6 Administrative provisions
Chapter 7 Applause and lawsuits
Chapter 8 Punishment
Chapter 9 Amendments to the Law on Commitment Commitment, Act on Environmental Protection, Act on a quality assurance system for the regional and environmental handling and planning law ;
Chapter 10 Entry into force and transitional provisions

Publication of the law on environmental approval and so on of livestock farming 1)

This shall be the subject of the law. 1572 of 20. In December 2006, on environmental approval etc. of livestock farms, with the changes resulting from section 5 of the Act of Law No 2 ; 507 of 17. June 2008, Section 9 of Law No 508 of 17. June 2008, section 28 of law no. 1336 of 19. In December 2008 and Section 11 of law no. 514 of 12. June 2009.

Chapter 1

Scope and scope

§ 1. The law must contribute to the maintenance of nature, the environment and landscape so that the development of livestock production can take place on a sustainable basis in respect of people's living conditions and for the preservation of animal and plant life.

Paragraph 2. With this law, I'm special.

1) to prevent and reduce pollution of air, water, soil and subsoil and to limit the smell, lighting, dust, noise and fluangees from livestock, including from the production, storage and use of livestock manure and so on,

2) to provide hygienic reasoned decisions for the environment and for human beings ;

3) the restriction of use and waste of raw materials and other resources ;

4) promote the use of best available techniques, including cleaner technology,

5) promote recycling and to limit problems in relation to waste disposal,

6) to protect nature with its stocks of wild plants and animals and their habitats ;

7) create and maintain valuable buildings, culture and urban environments, and landscapes ;

8) the open coasts shall continue to constitute a material scenery and landscape resource ; and

9) to involve the public in matters of law.

§ 2. The law shall apply to livestock farming.

Paragraph 2. The Act shall also apply to other agriculture, where the marketing of livestock manure from livestock farms is subject to paragraph 1. 1.

§ 3. For the purposes of the law :

1) Livestock : Property, where there is an animal unit of more than 3 animal units, the animal team with corresponding stalkers and parable, fertiliser and one-sided storage facilities, and other fixed structures and associated areas.

2) Facilities : the animals with corresponding stables and the like, and the manure and unilateral storage facilities of the livestock sector.

3) Areas : Owned and renowned marroaches into the property.

§ 4. Section 14 (4) of the Environment Protection Act. Articles 3 and 4, and rules drawn up pursuant to section 13 and section 14 (4) of the Environmental Protection Act. The corresponding use of decisions taken pursuant thereto shall apply by analogous to decisions taken in accordance with this law or rules.

Paragraph 2. The conditions laid down in authorisations after section 10 or approvals after sections 11, 12 or 16 shall not apply to the extent that they are contrary to the Ministry of the Family and Consumer Protection Agency ' s Prevention and control of infectious diseases.

§ 5. The Environment Minister may lay down rules that certain animal species are not covered by the law.

Paragraph 2. The Environment Minister may lay down rules on the conversion factors to be used for the calculation of animal units.

Paragraph 3. The Minister for the Environment, Public Health and Consumer Policy may lay down rules on notification for livestock farming over three units of animal control.

Chapter 2

Prohibition of establishment of livestock use, etc., and location of the place of installation

§ 6. Establishment of installations and extensions and changes to existing livestock farms for more than 3 animal units resulting from increased pollution are not allowed ;

1) within an existing or according to the local authority of the municipality of the future urban zone or summer housing ;

2) in an area in the rural area, which is intended for housing, mixed housing and for commercial purposes or for public purpose for the purpose of inhabitable, institutions, recreational purposes and the lignant ;

3) in a distance less than 50 m from the in No 1 and 2 areas mentioned or

4) in a distance less than 50 m from a neighbor's residence.

Paragraph 2. The Minister for the Environment may, for more detailed species, set different conditions of distance other than those referred to in paragraph 1. 1, no. 1-4, determined and more types of distance requirements within which the establishment, extension or change may not take place.

Paragraph 3. The Minister for the Environment must lay down rules on special conditions for the establishment of folded to free-land wine, where the fold is without a solid floor and drain.

§ 7. The establishment of facilities for more than 15 animal units shall not be permitted where the installation is wholly or partly within or less than 300 metres from the installation for the following protected natural habitats :

1) Highmarse.

2) Lobeliesø.

3) Greater than 10 ha which are covered by section 3 of the natural protection laws and situated outside international nature protection areas.

4) Overdrive greater than 2,5 hectages covered by section 3 of the natural protection law and situated outside international nature protection areas.

5) Hede which is covered by the section 3 of the natural protection laws and situated in international nature protection areas.

6) Overdrive, covered by section 3 of the natural protection laws and situated in international nature protection areas.

7) Ammonia sensitive lakes, including lime wars lakes and waterholes with crater grains and lignant lakes and waterholes covered by the provisions of the natural protection laws section 3 and situated in international nature protection areas.

Paragraph 2. The provisions of paragraph 1. Paragraph 1 shall also apply to the extension and amendment of livestock farms, which are or will be greater than 15 animal units in the event of enlargement or the change leading to an increase in ammonium evaporation from the plant.

Paragraph 3. The Minister for the Environment may lay down rules on which sea is covered by paragraph 1. 1, no. 7.

Paragraph 4. The local authority shall, at the request of the public authorities concerned, inform the owners or users concerned of the location and the extension of the items referred to in paragraph 1. 1 mentioned nature types and buffer zones.

Paragraph 5. The Minister for the Environment may, for more detailed animal species, lay down rules on the lower limits than those laid down in paragraph 1. 1 the minimum minimum limit of 15 animal units for the establishment of livestock farming and the minimum number of livestock units referred to in paragraph 1. 2 fixed limit for expansion and modification resulting in increased ammonium evaporation.

§ 8. Stalde and equal. as well as the fertiliser storage facilities for livestock farming for more than 3 animal units, shall not be established within the following distances :

1) 25 m for non-general water supply facilities.

2) 50 m for general water supply facilities.

3) 15 m for watercourses (including sinks) and lakes.

4) Fifteen yards to the public road and the private community.

5) 25 m for food business.

6) 15 metres to residential property.

7) 30 yards to neighborly.

Paragraph 2. A silageholding facility must not be established within the conditions laid down in paragraph 1. 1, no. 1-5 and 7, mentioned distances.

Paragraph 3. The Environment Minister may, in the case of specified animal species, set other standard requirements in respect of which the establishment, extension or change may not take place.

Purpses and derogations

§ 9. The Municipality Board may grant a derogation from the conditions of departure, cf. Section 6, to rideges and equine pensions for more than 3 animal units. The allowance may be granted on terms of the particular requirements for the operation of the property, the furnist, the meeting of the meeting and so on.

Paragraph 2. Where compliance with the conditions laid down in Section 8 does not guarantee sufficient material genes or contamination, the local authorities shall be able to ensure that the installation is more appropriate and to establish conditions for the layout and operation of the installation. The local authorities shall determine conditions relating to the location, orientation and operation of permits in accordance with section 10 or approvals after sections 11 and section 12.

Paragraph 3. Where compliance with the conditions laid down in section 8 is not possible for livestock farms, the local authorities shall be able to dispense from here and establish conditions for the construction and operation of the local authorities. The local authorities shall determine the terms and conditions governing the provision and operation of permits or approvals provided for in section 10 (12). The local authorities shall lay down conditions to ensure that no contamination or significant nuisance occurs.

Chapter 3

Permissions and Approvals

§ 10. The local authorities may authorise the establishment, extension or modification of livestock farming for more than 15 and 75 animal units.

Paragraph 2. livestock farms are covered by paragraph 1. 1 may not be established without the prior authorisation of the municipal management board. Similarly, an extension or modification of livestock farming resulting from the use of livestock growing more than 15 animal units must not be started without the prior authorisation of the municipal management board.

Paragraph 3. livestock farms are covered by paragraph 1. 1 may not be extended or altered in a manner which may involve increased pollution or other effects on the environment, without prior permission of the local authority to include the extension of the extension or the modification.

§ 11. The local authorities shall be able to grant approval to the establishment, the extension or modification of livestock farms for more than 75 animal units not covered by Section 12.

Paragraph 2. livestock farms are covered by paragraph 1. 1 may not be established without prior approval of the municipal management board. Enlargement or alteration of livestock farming resulting from the application of the livestock farm in paragraph 1. The limit laid down shall not commence without the prior approval of the municipal management board of the total livestock farm without commencement of the Community ' s prior approval of the Community.

Paragraph 3. livestock farms are covered by paragraph 1. 1 may not be extended or altered in a manner which may involve increased pollution or other effects on the environment without prior approval of the extension of the extension of the extension or the modification of the local authority of the municipal management board or the amendment.

§ 12. The local authorities may grant approval of the establishment, extension or modification of livestock farming for more than 250 animal units, however :

1) 270 animal units, if at least 90%. of the units of the animal origin of the piglets belonging to their piglets up to 30 kg or 750 times of seating ;

2) 100 animal units in the case of slots, or 40 000 set-aside for carcases,

3) 230 animal units in the case of laying hens laying hens, or 40 000 set-aside for laying hens, or

4) 210 units of animal slaughter (more than 30 kg), or 2 000 slots for slaughter (over 30 kg).

Paragraph 2. livestock farms are covered by paragraph 1. 1 may not be established without prior approval of the municipal management board. An extension or modification of livestock farming resulting from overrun of the products referred to in paragraph 1. The limits laid down by 1 shall not be commended without the prior approval of the municipal management board of the total livestock farm without commencement of the Community.

Paragraph 3. livestock farms are covered by paragraph 1. 1 may not be extended or altered in a manner which may involve increased pollution or other effects on the environment without prior approval of the extension of the extension of the extension or the modification of the local authority of the municipal management board or the amendment.

§ 13. In the holding, several properties with belonging to installations are in the holding and are the premises of the property to which the establishment, extension or modification of, technically and contaminated with another property is to be used, the plant must be authorized or approved overall.

§ 14. An approval pursuant to section 11, 12 or 16 may include further planned extensions or changes on condition that :

1) in the application, sufficient information is available on the planned extensions or amendments to the assessment of the conditions and establishing the conditions necessary for the local authorities, and

2) the extensions or amendments envisaged are envisaged within a shorter timescale.

§ 15. The approval of livestock farming in accordance with section 11 or section 12, where the applicant has owned or propagated areas operated under the same CVR number, shall also include an approval of the land of the holding.

§ 16. The local authority authorities may approve areas not subject to a permit after section 10 or an approval after sections 11 and section 12, which are used for the disposal of livestock manure from livestock farms covered by a permit or approval under this law.

Paragraph 2. The placing on the market of livestock to third parties in connection with the establishment, extension or modification of a farm animal use, which the municipality assesconsiders will significantly affect the environment, cannot be included in authorisations after paragraph 10 or approvals after sections 11 and section 12, unless the area is approved in accordance with paragraph 1. 1.

§ 17. The Environment Minister may lay down rules on the consideration of the authorisation of livestock farming under Section 10 and for the approval of livestock farming at sections 11 and 12 and for the approval of areas after Section 16.

Paragraph 2. The Environment Minister may lay down rules that the requirement for prior authorisation after sections 10 and approval after sections 11 or § 12 for further specified animal species shall enter at a lower limit than the minimum limit of 15 animal units as set out in section 10 (1). 1.

Paragraph 3. The Environment Minister may, in particular, lay down rules that permit or approval in some cases is unnude. In this respect, the Minister may lay down rules that a notification scheme takes place in place of a permit or approval.

Permission and approval application

§ 18. Application for the establishment, extension or modification of livestock farms covered by sections 10 to 12 or rules laid down in accordance with section 17 (3). 2, and the application for approval pursuant to section 16 shall be submitted to the municipality Board.

Paragraph 2. The Environment Minister may lay down rules on the submission, content and information of the application, as well as the treatment of the municipal management board of this, and so on the Environment Minister, in particular, to lay down rules concerning the duty of the applicant to provide further information.

Paragraph 3. The Environment Minister may lay down rules on the form of applications to be submitted and shall draw up a special schema for the application for authorization after Article 10.

Review of the permit and approval application

§ 19. The local authority shall at the evaluation of an application for a permit in accordance with section 10 or for approval after sections 11, 12 or 16 shall ensure that :

1) the applicant has taken the necessary measures to prevent and limit pollution by using the best available techniques ; and

2) livestock farming may, moreover, be operated on the spot without affecting the environment in a way which is incompatible with the consideration of the environment.

20. The local authority shall at the evaluation of an application for a permit after § 10 or an approval after section 11 or section 12 ensure that the risk of contamination or essential genes for the environment should be limited if the plant is less than 300 m from ;

1) a residential building on a property without the obligation of the agricultural service situated in a land zone and which has an owner other than the operating lord ;

2) an existing or, according to the local authority, the framework part of the future urban zone or summer area ; or

3) an area of the rural area, which is planned for housing, mixed housing and professions, or for public purposes for the purpose of inhabitable, institutions, recreational purposes and similar areas.

§ 21. In the evaluation of an application for a permit after § 10 or an approval pursuant to section 11 or section 12 ensure that there is no increase in ammonia evaporation from the total installation, if an installation wholly or partially within the installation of an installation, in whole or in part, should not be increased by the local authority. or less than 300 m from the types of natural habitats mentioned in section 7, extended or modified.

§ 22. In the case of construction of new livestock farming, without association with the premises of the premises to date, the construction of new stock for the operation of the Real Estate, must be used for the operation of the Real Estate, must : the local authority on the evaluation of an application for authorization after section 10 or an approval after section 11 or section 12 ensure that the national values are not disregarded.

Paragraph 2. In the case of construction, which are commercially necessary and without association with the premises of the premises so far, the municipality board shall assess the location and design of the application.

-23. The local authority shall at the time of the evaluation of an application for approval after section 11 or section 12 of the following account shall be taken of :

1) Use of the best available technique.

2) Protection of soil, groundwater, surface water and the nature of its stocks of wild plants and animals and their habitats, including areas protected against state changes or freit, designated as international nature protection or designated ; that are particularly vulnerable to nutritional exposure.

3) Limitation of any nuisance for neighbours (odor, noise, dust, fluorescing and fluorinal genes, waste production, etc.).

4) The oversight of the country's values.

§ 24. The local authority shall at the time of the evaluation of an application for approval pursuant to section 12 (2). 2, assess the essential alternative solutions.

Paragraph 2. The local authority shall, at a request for enlargement or to amend, subject to section 11 or section 12 (2). 3, carry out an assessment as set out in paragraph 1. 1 if the application may result in a significant impact on the environment.

§ 25. The local authority shall assess the value of ammonia from stable and storage in an application for approval after section 11 or section 12, if any application, expansion or modification of livestock farms are located at a distance from 300 to 1000 m from the natural habitat ; from which a distance requirement is applied in accordance with section 7.

Paragraph 2. The Minister for the Environment, Public Health and Consumer Policy may lay down rules on the added value of which is assessed to have a significant impact on the environment.

SECTION 26. In the assessment of an application for establishment, extension or modification, the local authority shall include all areas operated under the same CVR number.

Paragraph 2. The municipality Board shall carry out a comprehensive assessment of all locations, extensions or changes made since the 1. In January 2007, livestock farming, including the land of the holding, shall not exceed an 8-year period.

Paragraph 3. In the application for the establishment, extension or modification of livestock farming in the holdings of third parties, the margins of the margins on these holdings shall be assessed separately.

Paragraph 4. If the municipality Board assesses that the marketing of livestock manure for third parties shall be subject to the marketing of livestock. the assessment pursuant to paragraph 1 3, may significantly affect the environment, the placing on the market of these holdings shall not be included in the permit under section 10 or approvals after section 11 or section 12, cf. however, section 16.

Municipality of Municipality Management

§ 27. A permit after section 10 and an approval after sections 11, 12 or 16 shall contain conditions ensuring that the livestock farm is recovered and operated in such a way that the requirements of section 19 are fulfilled. In the light of the location of livestock farming, the local authorities shall lay down conditions to ensure that :

1) the possible genes for the neighbours (odor, noise, dust, fly, and fluorinent waste, etc.), cf. § 20, limited,

2) no more ammonia evaporation is made from the overall installation, cf. § 21, and

3) the application of the application takes account of the conjugal values, cf. § 22.

Paragraph 2. In the case of containers for liquid livestock manure, the municipality board must allow or approve one of the requirements in the field of the crop operations, unless essential considerations of scenery, nature and the environment, as well as neighbours, are critical to the location. A permit after section 10 or approval after section 11 or section 12 shall contain conditions that the container is fenced with planting and removed when it is no longer necessary for operations.

§ 28. Where, on the basis of an application for authorization after Article 10, the local authority has assessed that the application may, moreover, be significantly influencing the environment, the local authorities must lay down conditions which may meet this increased pollution and others ; significant effects on the environment.

§ 29. An approval after § 11 or § 12, in addition to the terms and conditions referred to in section 27, shall contain terms and conditions that ensure ;

1) the additional depositing of ammonia from the stable and storage, cf. § 25, limit, and

2) that the Minister for the Environment provided for its consideration, cf. § 34, paragraph. 3, including the terms of self-control and the reduction of ammonia, shall be carried out.

Paragraph 2. The local authority may, in an approval after section 11 or section 12, may lay down additional conditions necessary to ensure that the considerations referred to in section 23 are taken into account.

-$30. In the case of an application, the extension or modification of livestock farming on third parties may only be laid down for these marchasals for the total quantity of livestock manure for each holding and the holding of livestock ; the replacement of the livestock manure must be put on the land.

§ 31. The local authority shall inform the Board of Directors of an application for a permit in accordance with section 10 or for approval in accordance with sections 11, 12 or 16 if Section 19 is not fulfilled.

§ 32. The local authority shall communicate to the board an application for authorization after Article 10, where the application may have significant effects on the environment, which cannot be mitigated by conditions and to decide that if the applicant wishes to proceed ; the procedure for proceedings shall be treated as an application for approval after Section 11.

§ 33. In authorisations after sections 10 and approvals after section 11 or section 12, a period shall be laid down for the exploitation of these. The permit or approval shall not be granted if it has not been used before the end of this period. Normally, the deadline should not be set at a later date than two years from the date of the notification.

Paragraph 2. If an approval includes planned extensions or changes, cf. Section 14 should not exceed five years from the approval of the approval of this part of the approval.

Paragraph 3. If a permit or authorisation granted under this law has not been wholly or partially used in 3 consecuction years, the part of the approval which has not been used for the last three years shall lapses in accordance with the following year. however, paragraph 1 2.

§ 34. The Environment Minister may lay down rules on the processing of authorisations or approvals granted by the local authorities, including in order to comply with international obligations. The Environment Minister may, in this connection, lay down requirements for the basis of which the local authorities shall apply when handling and deciding on the matter and in which cases and under which permits or authorisations may be granted. The Minister may, in particular, decide that special requirements should apply to certain livestock farms.

Paragraph 2. The Environment Minister may lay down rules on the level of protection for the use of decisions by this law, including those which are significant effects on the environment.

Paragraph 3. The Minister for the Environment may lay down rules on the authorisation of livestock farming, including rules concerning the local authorities in relation to the fixing of conditions for the approval, and rules on the conditions of self-control and the reduction of Ammonia from stable and storage.

$35. The Environment Minister may lay down rules that the local authority decisions on the question of whether an application for the construction, expansion or modification of livestock farming has significant effects on the environment, must not be taken without the consent of the Minister for the Environment, and that : The local authority decisions on authorisations and authorisations shall be submitted to the Environment Minister.

Establishment of special conditions, dismissal and revocation of authorisations

§ 36. The local authority shall be able to submit to the Administrative Board on an application for approval under sections 11, 12 or 16, provided that the applicant, members of the applicant ' s board or board or any other person who can exert a dominant influence on the operation of the livestock farm, include :

1) People who have been renowned the right to farm livestock in accordance with the section 95 of this law, section 110 b in the protection of the environment or under the penal code section 79.

2) Persons convicted of penal code section 196.

3) Persons and companies, etc., who are punished for this statutory section of Article 91 (1). 2, section 110, paragraph. 2 in the environmental protection law or equivalent provisions laid down in notices issued by the law or the environmental protection law, provided that the sentence of the State or the Protection of Statutes is fixed at DKK 10 000. or more, and if there is no more than 10 years from the criminal offence.

4) Persons and companies, etc., which have a debt of 100,000 kroner. or more or more, for the self-help actions by the supervisory authority pursuant to this law's § 48 and § 49, provided that this debt has been carried out or established by a court. It is also a condition that the debt is due and is not subject to a respected agreement or payment, and that two indents have been submitted to the debtor.

§ 37. The local authorities may also lay down special conditions in an approval under sections 11, 12 or 16, including making the provision of collateral if the owner or person responsible is covered by Section 36.

Paragraph 2. The local authority can regulate the size of the security-size, provided that the basis for calculating the size of the size changes significantly.

§ 38. The local authority can revoke approval after sections 11, 12 or 16, or subject to special conditions in an existing authorisation, including the terms of collateral, cf. § 37, if

1) the holder, members of the governing board of the holder or the governing board or others capable of exercising a determining influence on the operation of livestock farming are subject to section 36 ;

2) persons or undertakings, etc., subject to section 36, become the owner or part owner of the livestock farm ; or

3) persons covered by Section 36 shall enter into the management board or the board of a company and so on which operates an approved livestock farming.

Paragraph 2. A decision pursuant to paragraph 1. The decision shall be made for the courts. 1 may, of the decision, be made. The request to this effect shall be submitted within four weeks of the notification to the authority concerned of the authority to which the approval has been granted. The authority is suing that of the person in the former in the form of civil justice.

Paragraph 3. Requests for lawsuits, cf. paragraph In the case of termination, the court may decide that the person concerned must not exercise the activities to which the approval relates. If the permit revocation is legally revoked, the effect may in this case be determined that the appeal does not have any effect on the part of the case.

Chapter 4

Poopenings, bans and reassessment

§ 39. The Supervisory Authority may indicate that the contamination must be reduced, including the effect that certain measures should be implemented if a livestock farm approved under section 11 or section 12, or the placing on the market of livestock manure, which is approved in accordance with section 16, causes unhygienic conditions or significant contamination. The Supervisory Authority may also provide a notice of exposure where the livestock sector is deemed to constitute a nearby risk of significant contamination or unsanitary conditions.

Paragraph 2. The Supervisory Authority may impose a ban on continued operation and, where appropriate, the removal of livestock farming if the contamination cannot be reduced.

§ 40. The Supervisory Authority shall not grant injunction or prohibitions after paragraph 39, before eight years after the notification of an approval after paragraph 11 or § 12 or the environmental protection law.

Paragraph 2. Notwithstanding paragraph 1 1 the supervisory authority shall, however, take an authorization after paragraph 12 for re-evaluation and, if necessary, notify or curbed after paragraph 39, if applicable ;

1) new information on the harmful effects of pollution has been produced,

2) pollution causes environmental damage that could not be foreseen by the approval of the approval,

3) whereas the contamination also goes beyond what was laid down for the approval of the approval,

4) significant changes in the best available techniques create an opportunity for a significant reduction in emissions, without causing excessive costs, or

5) the operational security of the process or activity is required that other techniques are used.

§ 41. The Supervisory Authority may change the terms of an approval under section 11, 12 or 16 by injunction or prohibit the continuing prohibition of continuing operation, cf. § 39, when the approval was granted, eight years after the notification was given.

Paragraph 2. The Minister for the Environment may provide for the regulator to take approvals on a regular basis in accordance with sections 11, 12 or 16 up to the re-evaluation and, if necessary, notify or prohibitive, or prohibition, after paragraph 39.

Paragraph 3. The Supervisory Authority shall take the approval under sections 11, 12 or 16 up to re-evaluation when the period of eight years after the approval has elasmuch and, if necessary, notification or prohibitions after paragraph 39 in the cases referred to in section 40 (1). 2.

Paragraph 4. The Environment Minister may lay down rules that other decisions on the same livestock farming under the law or by rules issued under the law or in accordance with the environmental protection law or rules issued in accordance with it shall, if necessary, be amended ; in the case of revaluations as referred to in paragraph 1. paragraphs 2 and 3 and in section 40 (3). 2.

§ 42. The Supervisory Authority may indicate that the contamination must be reduced, including the provision of certain measures to be implemented if a livestock farm which is subject to section 10 or notified in accordance with the rules laid down in accordance with paragraph 5 (5). 3, or Section 17 (3). Two, or paragraph. THREE, ONE. ., causes unhygienic conditions or significant contamination.

Paragraph 2. The Supervisory Authority may also indicate the termination or limitation of activities deemed to involve a nearby risk of significant contamination or unsanitary conditions.

Paragraph 3. Will be the supervisory authority in the context of the establishment, extension or amendment of one of the referred to in paragraph 1. The livestock farming referred to above, which may be expected to lead to requirements for the limitation of the pollution or prohibition of livestock farming operations, the supervisory authority may, in advance, indicate this in respect of livestock farming.

§ 43. The Supervisory Authority may immediately prohibit the continued operation of livestock farming and, where appropriate, the removal of livestock farming if the pollution causes a serious health risk.

Chapter 5

Supervision

§ 44. The Communeon Management Board shall ensure that the law and the rules laid down by the law are complied with.

Paragraph 2. The local authorities shall also ensure that they are made to be imposed and prohibitive, as well as conditions laid down in the context of approvals and authorisations.

Paragraph 3. The local authority shall also be supervisors, cf. sections 46, 48 and 49, in cases of contaminants or at the risk of contamination resulting from the fact that livestock farming has been discharged.

Paragraph 4. The local authorities shall forward cases of infringement of the environmental minister ' s decisions pursuant to paragraph 1. Two for the Environment Minister. The Minister shall, in such a case, take a decision in the matter in accordance with the provisions of the law.

§ 45. The Minister for the Environment may decide that, in some cases, supervision must be carried out by other authorities.

§ 46. The Supervisory Authority must lead to an illegal situation lawfully unlawful, unless the relationship is of subordinate importance.

§ 47. The supervisory authority may refrain from treating matters which it considers to be of subordinate importance for the purposes of the law, cf. § 1.

Paragraph 2. Decision of the Supervisory Authority after paragraph 1. 1 may not be complained to another administrative authority.

§ 48. In the situations referred to in section 46, the supervisory authority must notify the person responsible for the termination of the illegal relationship. In this context, the supervisory authority may

1) prohibit the continued operation of and, where appropriate, the removal of livestock farming ;

2) invite the responsible person to restore the state of the date and

3) allow the necessary measures to be carried out on behalf of the person responsible for the expiry of the time limit set out.

Paragraph 2. Decisions by the Supervisory Authority after paragraph 1 1 may not be complained to another administrative authority.

§ 49. In the event of imminent threat of health and in cases where immediate intervention is required in order to prevent significant contamination or the spread of pollution, the supervisory authority shall carry out the necessary without injunction and shall be responsible for it in charge ; bill.

Paragraph 2. Prevention of a situation as described in paragraph 1. 1, the supervisory authority may take the necessary action without injunction and shall be responsible for the account being made. However, this does not apply where livestock farming is in operation or if the necessary measures can be implemented in accordance with other legislation.

Paragraph 3. Decisions by the Supervisory Authority after paragraph 1 1 and 2 shall not be complained to the second administrative authority.

$50. In cases where Section 10 of the rule of law in the operation of the administration of coercion and providing information obligations is applicable, the supervisory authority may carry out any necessary studies on the responsibility of the person responsible for the lighting of conditions such as this ; otherwise, or may be required to provide information on.

§ 51. Where, in the case of legal certainty in the application of the operation of compulsory and compulsory provision of information for the administration, the supervisory authority for the administration of the administration of the administration shall be subject to the application of compulsory and compulsory information, or where it is deemed necessary to use the procedure for enforcing it ; a defined period of time to carry out the checks which a livestock farm would otherwise have to carry out as a self-control, for the arithal nature of the livestock farm. In the decision to take over the self-control authority, the authority may lay down the requirements necessary for the enforcement of the checks by the Authority.

§ 52. The person responsible for the circumstances or directions which may cause contamination must in the event of significant contamination or imminent danger of significant contamination immediately notify the supervisory authority of all relevant aspects of : the situation. This also applies in the event of an environmental damage or an imminent threat of environmental damage.

Paragraph 2. The person responsible for the conditions or directions which may cause contamination must in the event of significant contamination or imminent danger of significant contamination immediately to avert the imminent threat of contamination or prevent ; further emission of pollutants and so on.

§ 53. The person responsible for the environment or the information which may cause pollution or other effects on the environment shall, at the request of the public authority, provide all information, including economic and accounting conditions, which may be responsible for the environment ; implications for the assessment of pollution or environmental impact and, if appropriate, any remedial or preventive measures. Information must also be provided at the request of other authorities who have been granted duties or powers under the law or rules issued under the law. The competent authority may, in particular, invite the person responsible for their own account

1) carry out sampling, analysis and measurements of substances transmitted to the environment, and noise and contusions ;

2) carry out sampling and analysis of materials and products used or treated, as well as of any waste materials,

3) clarify the reasons for or the effects of a site-found contamination or the effect on the environment ;

4) clarify how the effects of pollution are remedied or prevented ; and

5) clarify how any other effects on the environment may be remedied or prevented.

Paragraph 2. The Supervisory Authority may review the terms of the approval or authorization of a livestock farming exercise in order to improve the control of livestock farming by own pollution (self-control), or to achieve a more appropriate supervision. Provisions in respect of the porifices can be reviewed in a similar manner.

§ 54. The Minister for the Environment may lay down detailed rules governing the exercise of supervisory activities by the supervisory authorities.

Paragraph 2. The Environment Minister may, in the face of a specific period, be able to determine the extent of the supervisory authority of the supervisory authority.

Paragraph 3. The Environment Minister may lay down detailed rules that the supervisory authorities should submit reports on their mapping and monitoring activities, including the results of measurements and surveys, and to lay down rules on the form of the reporting.

Chapter 5 a

Environmental damage

§ 54 a. An environmental damage or an imminent threat of environmental damage shall be understood in accordance with sections 7 to 11 in the environmental protection law.

§ 54 b. The operator responsible for the operation is understood to be the driver of the operation or controls the commercial activity.

Paragraph 2. The person responsible for environmental damage or an imminent threat of environmental damage shall mean the operator responsible for the operation, regardless of the damage or imminent threat of injury to injury, cf. however, paragraph 1 3 and 4.

Paragraph 3. In cases of use for soil use of waste and livestock manure, as the person responsible for environmental damage or an imminent risk of environmental damage caused by professional activities, such products have been considered to be the person responsible for the environmental damage or the environmental damage, unless : the user can demonstrate that the use was in accordance with the requirements of use and the user not to have proven unsafe behaviour in relation to its use.

Paragraph 4. If the user cannot be regarded as the person responsible in matters covered by paragraph 1, 3, shall be deemed to be the person responsible for environmental damage or an imminent threat of environmental damage to the person who has been produced or imported from the business of the waste or the livestock manure used.

Paragraph 5. Paragraph 4 shall not apply where the producer or importer can prove that the harmful effect of a contamination resulting from the use of waste or livestock manure does not comply with the error of the product and that there is no deportation ; unsafe behaviour during production or import.

§ 54 c. The person responsible for an imminent threat of environmental damage must immediately put into effect the necessary preventive measures to prevent the imminent threat of environmental damage. The person responsible for environmental damage must immediately put into effect any practicable measures that can limit harm's scope and prevent further damage.

Paragraph 2. The Supervisory Authority shall ensure that the obligations are fulfilled, even if no decision has yet been taken after paragraph 54 f.

§ 54 d. The leting to limit the scope of the environment and prevent further environmental damage shall not apply if the environmental damage is justified by the person responsible for the damage to the environment ;

1) has been caused by third parties and entered, in spite of the appropriate security measures taken,

2) is due to compliance with non-derogating requirements laid down by a public authority, unless the rules are provided by injunction or instructions resulting from their own activities ; or

3) have been caused by an emission or event expressly permitted under and fully in accordance with the conditions laid down in a permit or with rules which are so detailed that they may be treated as such by a permit, which is not due ; own indefensible behavior.

Paragraph 2. The lettor to avert an imminent threat to environmental damage shall not be valid if the person responsible for the imminent risk of environmental damage can prove that the danger is due to the conditions set out in paragraph 1. 1, no. One or two.

Paragraph 3. Paragraph 1, no. 3, do not apply to the producer and the importer, as mentioned in Section 54 (b) (b). 4 and 5.

§ 54 e. The Supervisory Authority may provide information to the operator or user, producer or importer responsible for the assessment of whether an environmental damage or an imminent threat to environmental damage is present ; shall be examined in accordance with the environmental protection law. The person responsible for the operation or the user, the producer or importer, may, in particular, be invited to conduct studies, analyses, the measurement of substances and similar cases. in order to clarify the cause and effect of a site-found contamination.

Paragraph 2. Opens may be communicated, whether in the hands of the operator or the user, the producer or importer, of the property in which a pollution has been detected. A duty to recover the contaminated property must be established in the tender.

Paragraph 3. If the person responsible for the operation or the user, the producer or importer is not available to the property, the supervisory authority may notify the person who is available to the property, to the effect that investigations and so on are carried out by the person responsible for the operation ; for the operation or user, producer or importer.

Paragraph 4. Opens in accordance with paragraph 1. 3 shall be binding on the property available to the property in which a pollution has been detected.

§ 54 f. Where an environmental injury or an imminent threat of environmental damage is present, the regulatory authority shall take a decision on this subject to environmental damage or an imminent threat to environmental damage to be treated on the environment.

Paragraph 2. The damage to the environment may not be taken if the environmental damage is liable to prove that there is a relationship as referred to in Section 54 (d) (1). 1, no. One, two or three. § 54 d, paragraph 1 3, shall apply mutatis mutis.

Paragraph 3. Decides that there is an imminent risk of damage to the environment may not be taken if the person responsible for the environmental damage is liable to prove that there is a relationship as referred to in Section 54 (d) (d). 1, no. One or two.

Paragraph 4. The Minister for the Environment may provide that the supervisory authority must submit a draft decision to obtain a binding opinion from the Environment Minister as to whether there is an environmental damage or an imminent danger to one ; environmental damage to be treated according to the environment law. The Minister for the Environment may also lay down rules that the binding opinion may only be lodged in the framework of a complaint against a decision in accordance with Chapter 2 or 3 of the Environmental Protection Agency.

§ 54 g. Where an environmental damage affecting or affecting another EU country is concerned, the supervisory authority shall take a decision on this matter, regardless of the fact that no decision may be taken on who is responsible for the environmental damage, in accordance with paragraph 54.

§ 54 h. The Supervisory Authority shall forward the decision that an environmental damage or an imminent threat of environmental damage is present and the material entered into the assessment of the case, for the Environment Minister. Forwarding must be carried out simultaneously with the notification of the person responsible.

Paragraph 2. The Supervisory Authority will publish the decision.

Paragraph 3. The Environment Minister may lay down rules on the publication.

Paragraph 4. Decision that an environmental damage or an imminent threat to environmental damage to be treated on the environment may first be lodged in the framework of a complaint against a decision taken in accordance with Chapter 2 or 3 of the environmental protection environment. The appeal shall be lodged in accordance with section 52 of the Ecolabel.

§ 54 i. At the request of a complaint entitled pursuant to Article 84 (2), 1 and 2, and sections 86 and 87, the supervisory authority shall take a decision in accordance with section 54 f or § 54 g.

Paragraph 2. The request shall be accompanied by pertinent information about the presumed environmental damage or imminent threat of environmental damage.

Paragraph 3. The Supervisory Authority may refuse to decide whether an environmental damage or an imminent threat is present if the request is not accompanied by the information referred to in paragraph 1. 2.

Chapter 6

Administrative provisions

§ 55. The authority of the Municipality Management Board that a permit or approval will not result in an environmental impact shall be made available to the public in the context of the granting of a consent after 10 or an approval pursuant to section 11, 12 or 16.

Paragraph 2. The local authorities must involve the public before taking a decision on the approval of the establishment, extension or modification of livestock farms covered by Article 12 (2). 2, or other settingings, enhancements or changes to livestock farming, which may result in a significant impact on the environment.

Paragraph 3. The public shall be informed early in the decision-making procedure by public announcement or by other appropriate means, or, as soon as the information is reasonably reasonably available, whether :

1) The application for approval.

2) The fact that the project is covered by a procedure with environmental impact assessment.

3) Name and address of the competent municipal board, from which relevant information can be obtained, and to which comments or questions can be addressed and details of the deadlines for submission of comments or questions.

4) The nature of the possible decisions or draft decision when such a decision exists.

5) When, where and how the relevant information is made available.

6) What measures have been taken to ensure public participation, including that any within a specified period from the public announcement may be requested to submit a draft decision when it is available and that any the decision, including organisations and associations covered by Section 84-87, has the right to comment on draft decision and information obtained for the purposes of the decision.

Paragraph 4. The local authorities shall forward draft decision to neighbours and other parties concerned and other persons who have requested to do so, with a view to the fact that there are six weeks of notice to comment on the draft. At the same time, with the submission, the municipal board shall inform the Administrative Board of additional information relating to the application and other information relevant to the decision received after the initial public announcement.

Paragraph 5. The Municipality Board shall inform the public at public announcement when it has decided on an application covered by paragraph 1. 1 or 2 and inform you, including where and how the relevant information is made available.

Paragraph 6. Decisions which may be subject to appeal shall also be communicated to the persons, organisations and authorities of the complaints concerned, cf. section 84-87, and the authorities which, incidentally, have been involved in the course of the proceedings. However, decisions must be communicated only to the national associations and organisations referred to in section 87 when they have requested the Minister for the Environment to be informed of the decisions, in accordance with the requirements of the environment. § 62.

Paragraph 7. Notify to the persons referred to in section 84 (4). 1, no. 3, however, may take place during public advertising.

Paragraph 8. The Environment Minister may lay down rules on the public's involvement in certain decisions in matters relating to reassessment in accordance with section 40 and section 41 and other livestock farming decisions taken in accordance with the environmental protection law or rules issued in accordance with the provisions of this Directive.

Niner. 9. The Environment Minister may lay down detailed rules on public involvement and advertising.

§ 56. Authorisations and authorisations under this law which are not subject to the provisions of section 55 may not be communicated until three weeks after the local authority has given written information about the application to the neighbours of the Commission ; the property.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall not apply where the application of the State Management Board shall not apply to the local authorities for the neighbours.

Paragraph 3. The Minister for the Environment may lay down rules on the provisions of paragraph 1 1 shall not apply where the local authority is making public announcement of the application.

§ 57. Decisions pursuant to this law shall be communicated in writing to the addressee.

Paragraph 2. Opens or bans may be notified orally when there is a danger of health or immediate intervention required to avert material environmental damage. An oral decision must also be notified as soon as possible in writing.

§ 58. Before a decision is made on an injunction or prohibitions, the addressee for these decisions shall be informed in writing of the case and shall be made aware of its access to documents and to express an opinion according to the administrative act. The address should, in the same connection, be encouraged to contribute information that can clarify the costs, advantages and disadvantages of the decision.

Paragraph 2. Notify by paragraph 1 may be omitted if an immediate decision is necessary or if a notification is to be regarded as unnecessary.

$59. Opens or bans shall have a deadline for the termination of the decision. However, where special conditions are available, it may be determined that the bullesing or prohibition should be immediately complied with.

Paragraph 2. When special reasons speak for it, the municipality authorities may decide that complaints against injunction or bans should not have an opening effect.

§ 60. Decisions which may be made shall contain information concerning the date of expiry of the appeal and that :

1) the decision may be made in writing to the Environment Board of the Environment,

2) complaints must be filed to the authority which has taken the decision, and

3) the appeal shall be received no later than the expiry of the complaint.

§ 61. Local associations and organisations which have the protection of the environment and their nature as a principal aim may inform the public authorities that they wish to be informed of certain types of decisions taken in accordance with Chapters 3, 4 and 5 (a). The United States must, at the same time, submit statutes which demonstrate that it is locally organised and that its main purpose is to protect the environment and nature. Similarly, local associations and organisations, which are responsible for essential recreational interests where decisions affect such interests, apply to the local associations and organisations which aim for the purpose of essential recreational interests.

§ 62. National associations and organisations which, in accordance with their statutes, have the protection of the environment and their nature as a principal objective, may inform the Environment Minister that they wish to be informed of certain types of decisions taken with legal basis in the provisions of Chapters 3, 4 and 5 (a) and the Minister for the Environment, within 14 days, shall inform the municipal management board. Similarly, national associations and organisations which, in accordance with their statutes, are designed to carry out significant recreational interests where decisions affect such interests.

§ 63. The Minister for the Environment, Public Health and Consumer Protection may, in the name of the Ministry, set up the State or Government, in consultation with the other State authorities, to exercise the powers granted to the Minister for the Environment, Public Health and Food Safety.

Paragraph 2. The Environment Minister may lay down rules on access to decisions taken under the authority of paragraph 1. 1, including that the decisions must not be complainable.

Paragraph 3. The Committee on the Environment may also lay down rules on the exercise of powers as a different state authority, having negotiated with him, shall be authorized to exercise in accordance with paragraph 1. 1.

§ 64. The Environment Minister may be able to provide expert advice on the advice of the authorities on matters covered by this law.

§ 65. The Minister for the Environment, Public Health and Consumer Policy may decide to adopt the powers of the municipal management board under the law in matters affecting the statutory duties of other authorities or are more important.

Paragraph 2. The Minister for the Environment may also, in significant cases, on the application of a livestock farm or a municipal management board, may take over the approval and supervisory authority of a municipal management board under the law.

§ 66. The Environment Minister may require municipal directors to provide information for an assessment of matters governed by this law within the territory of the individual municipality. This information may be issued in a given form.

§ 67. The Environment Minister may require the municipal boards to take matters, including specific cases, concerning this law up to the treatment and decision.

§ 68. The authorities making a decision on the same livestock farming under the law or following rules issued under the law and in accordance with the protection of the environmental protection law or rules issued in accordance with the law shall coordinate their decisions to the extent that they are : needed to ensure that the law is complied with.

§ 69. The Environment Minister may lay down rules on the possibility of using digital communication within the territory of the law and on the terms of this.

§ 70. The Environment Minister or the Minister for the Environment, Public Health and Consumer Policy empowers to do so, and the municipal authorities may obtain the information required in order to verify compliance with the law and rules that are issued under it. The Environment Minister or the Minister for the Environment shall be empowered to do so, as well as the municipal authorities in this connection and the interconnectivity of information, including personal data, in control purposes.

§ 71. The supervisory authority or persons authorized by this authority shall, where deemed necessary be necessary, at any time, without a court order, access to public and private properties, premises and means of transport to : carry out inspection or other tasks under this law, rules issued by law or regulations in the law of the law. The Supervisory Authority shall have, in particular, access to surveys, photographers, copying or incorporating documents and including other objects without remuneration. Receipt for items taken must be provided.

Paragraph 2. The police shall provide assistance with the exercise of powers under paragraph 1. The Minister for Justice can, after a debate with the Minister for the Environment, lay down detailed rules on the exercise of the exercise of the above powers.

Paragraph 3. In the investigation and surveillance of properties and premises, the holder and the staff shall provide the competent authorities with necessary guidance and assistance.

§ 72. The Minister for the Environment, Public Health and Consumer Policy may lay down rules on charges for the full or partial coverage of the authorities ' costs for administration and supervision in the law.

Paragraph 2. The Minister for the Environment, Public Health and Consumer Policy may lay down rules to be paid for the payment of fees charged in accordance with this law ; the interest rate shall be made from the due date on the payment of the fee. The exchange is brackets with a point of 1.3%. monthly interest rate for each starting month from 1. in the month in which the fee is to be paid, but at least 50 kr.

§ 73. (Aphat)

§ 74. The government may enter into agreements with foreign states on common measures for the purpose of the law.

Paragraph 2. The Environment Minister shall lay down rules for the fulfilment of international agreements concluded in accordance with paragraph 1. 1.

§ 75. The Environment Minister may lay down rules or regulations in order to comply with the European Community Directives and decisions covered by this law ; the Minister for the Environment may lay down the necessary rules for the use of the Community ; in the country of the European Communities Regulations relating to matters covered by this Act, the Environment Minister may, in particular, lay down rules governing the competent authorities to manage the regulations.

Paragraph 2. The Minister for the Environment, Public Health and Consumer Policy, shall lay down rules and decisions in the field of nature protection in respect of the rules of the European Communities, in which case and on what conditions,

1) permissions may be granted in accordance with section 10,

2) approvals may be granted in accordance with section 11, sections 12 and § 16 ; and

3) derogations may be granted in accordance with section 9 (4). 3, cf. § 8 (3) 1, no. 3.

Paragraph 3. The Minister for the Environment may lay down rules for the payment of fees, including on the payment of charges and pantreta 2) in the case of the application of regulations relating to matters covered by this Act.

Paragraph 4. Supervision of compliance with regulations in respect of matters covered by this law shall be exercised by the municipality Board in accordance with section 44 unless the Minister for the Environment determines that supervision should be exercised by other authorities. In the performance of supervision, the competent authority shall have supervisory obligations and supervisory powers, as set out in Chapter 5.

Paragraph 5. In decisions of rules of origin in regulations or rules that have been issued in accordance with paragraph 1, The provisions laid down in Chapter 7 shall apply in respect of redress and lawsuits.

Chapter 7

Applause and lawsuits

SECTION 76. Unless otherwise stated in the laws of the law, cf. however, Section 78, the decisions and decisions of the municipal management board may be subject to the decisions taken by the law or rules laid down in the law on the Environment Board, set up under the law on environmental protection.

Paragraph 2. The same applies to decisions taken by the Minister for the Environment, pursuant to section 65 and decisions taken by the Minister for the Environment, pursuant to sections 50, 51 and 53 in cases where the Minister has decided to take over the powers of the municipal management board pursuant to section 65.

§ 77. § 102, section 104, paragraph. Articles 1 and 2, section 105, 106 and 109 in the law on environmental protection shall apply mutatis muth to the processing of cases by the Environment Clause after section 76.

Paragraph 2. Complaints to the Environment Board shall be submitted in writing by the grieving officer after Section 84-87 to the authority which has taken the decision. The authority shall send the draft of the Committee on the Environment, on the eve of the appeal, accompanied by the decision taken and the material entered into the judgment of the Environment Committee.

Paragraph 3. The Environment Minister may lay down detailed rules on the composition and processing of the class and the processing of cases under this law.

§ 78. The Minister for the Environment, Public Health and Consumer Policy may lay down rules that decisions which are, individually, of minor importance to the protection of nature, the environment and the countryside, cannot be complained to another administrative authority.

§ 79. The time limit shall be four weeks from the date on which the decision or decision has been announced. However, the decision or the decision shall be publicly announced, however, the time limit shall always be considered by the notice.

Paragraph 2. If the time limit expires on a Saturday or public holiday, the time limit shall be extended to the following daily life.

$80. A complaint against an injunction or prohibitions after § § 39, 42 or 54 e or above a decision after § 50 or § 51 shall be effective unless the Environment Board Board determines otherwise.

Paragraph 2. A complaint against a blueberry or a ban, cf. section 39, 42, or 54 e, which the local authority has decided, shall be complied with immediately, cf. However, section 59 does not have a prone effect unless the Environment Board Board determines otherwise.

Paragraph 3. The Environment Board may decide that a complaint against an injunction or prohibition, cf. Section 39, 42 or 54 e, must have an upselling effect, regardless of the decision by the local authorities, that a complaint should not have a termination effect, in accordance with the case of a complaint. § 59, paragraph. 2.

§ 81. An authorization after section 10, approval after sections 11, 12 or 16 or a derogation after Section 9 is not having any effect unless the Environmental Board Board determines otherwise, cf. however, paragraph 1 3.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall not imply any restrictions on the access of the Committee on the Environment, Public Health and Consumer Protection to amend or repeal an impounded authorisation, approval or derogation.

Paragraph 3. A permit after § 10 or approval after § 11 or § 12, which contains terms in accordance with section 27 (2). 1, no. 3, and paragraph 1. 2, must not be used before the end of the appeal. A complaint of authorizations after § 10 or approvals after § 11 or § 12, which contains terms in accordance with section 27 (2). 1, no. 3, and paragraph 1. The effect of the Agency for the Environment Board shall be subject to the second set of effects unless the Environment Board Board determines otherwise

$82. The Minister for the Environment may provide that certain authorisations or approvals should not be used within the time limit and that a complaint must be taken in the case of an appeal.

§ 83. Where complaints are lodged with the municipality Board, the municipality Board shall immediately inform the addressee of the decision to be complained of the complaint.

§ 84. Decisions of the Municipal Management Board may be imprated by

1) the address of the decision,

2) the Environment Minister and

3) anyone who has an individual, significant interest in the outcome of the case.

Paragraph 2. Decisions of the Minister for the Environment may be clawed by

1) the addressable address and address of the decision ;

2) anyone who has an individual, significant interest in the outcome of the case.

Paragraph 3. The Board of Health may appeal against decisions pursuant to Chapter 3. The Board of Health may, moreover, be attributed to the rules laid down in accordance with the law.

Paragraph 4. The Minister for the Environment, Public Health and Consumer Policy may lay down rules that decisions may be taken in accordance with the law by certain authorities in other countries.

§ 85. Denmark ' s Fisheries Association may, in accordance with the provisions of Chapters 3 and 4 of Chapters 3 and 4, in accordance with the provisions of Chapters 3 and 4, in accordance with the provisions of Chapters 3 and 4, in the case of water-running, sea or sea.

Paragraph 2. The Danish Fisheries Association for Denmark may appeal to the municipal management and environmental minister ' s decisions, in accordance with the provisions of Chapters 3 and 4, in the case of pollution of water flows and lakes.

Paragraph 3. The Vocational Council of Workers Movement is able to appeal to the municipal management and environmental ministers ' decisions when significant employment interests are concerned.

Paragraph 4. The Committee on Consumer Affairs can appeal to the municipal management and environmental minister's decisions to the extent that they are essential and in principle.

§ 86. Local associations and organisations which have the protection of nature and the environment as a principal may appeal decisions which the association or organisation has requested to be subheading, cf. § 61.

Paragraph 2. Local associations and organisations which, in accordance with their purpose, provide significant recreational interests, can appeal decisions which the association or organisation has requested to be subheading, cf. Section 61, where the decision affects such interests and the complaint is intended to protect nature and environmental protection.

§ 87. National associations and organisations which, in accordance with their statutes, have the protection of nature and the environment as a principal, can appeal decisions taken with legal basis in the provisions of Chapters 3, 4 and 5 (a).

Paragraph 2. National associations and organisations which, in accordance with their statutes, are designed to carry out significant recreational interests, may appeal decisions taken with legal basis in the provisions of Chapters 3, 4 and 5 (a) when the decision affects such cases ; the purpose and the complaint are intended to protect nature and environmental protection.

§ 88. The Committee on the Environment, Public Health and Consumer Protection may require the association or organisation to submit to the Statute for the Association.

$89. A decision in a complaint matter shall contain a time limit for the termination of the decision. Where special conditions exist, however, it may be determined that the decision should be complied with immediately.

§ 90. The examination of the examination of decisions under the law or the rules laid down by the law shall be established within six months of notification of the decision or decision. However, for decisions issued in accordance with Chapter 5, the time limit shall be 12 months. If the decision or the decision has been publicly announced, the time limit shall be set by the notice of the publication.

Chapter 8

Punishment

§ 91. Unless higher penalties have been inflited on the other legislation, the penalty shall be punished by fine ;

1) place, commenstart or operate livestock farming without a permit after § 10 or approval after § 11 or § 12,

2) overrides terms associated with a permit, dispensation, or an approval by law,

3) omits to comply with prohibitions or injuns under the law, including the opening of enriching an illegal situation,

4) omits to give notification as referred to in section 52 (3). 1, or to provide information or to submit samples after paragraph 53,

5) omits to submit notification laid down in rules drawn up pursuant to section 5 (5). 3, and section 17 (3). THREE, TWO. pkt.,

6) the authorities ' access to property or premises in contravention of section 71 shall be discouragable ;

7) deliberate kidnappings, aqueous or damage to the works and examinations carried out in accordance with the law ;

8) fail to comply with the requirements of a decision after Article 51 or removes or alters the equipment to which the supervisory authority has been placed under a decision of a decision after 50 or § 51 ;

9) fails to seek an imminent risk of pollution averted or preventing further emission of pollutants etc. in accordance with section 52 (3). 2,

10) fails to implement the necessary preventive measures against an imminent risk of environmental damage or any practicable measures which may limit the scope of the environment and to prevent further environmental damage, cf. § 54 c,

11) are in breach of provisions as laid down in the European Communities Regulations relating to matters covered by this law, cf. § 75, paragraph 1. 1,

12) provide false or misleading information in connection with the processing of cases according to this law ; or

13) fail to comply with the decision by the Authority or the complainine of the decision to establish a security post-37.

Paragraph 2. The sentence may rise to prison for two years if the infringement has been committed intentionally or by gross negligence and if there is a breach of the infringement proceedings ;

1) injury or induced injury to nature, animals, plants, landscapes or people or other interests which the law aims to protect, cf. Act 1, including air, water, soil and subsoil, or

2) obtained or intended for the economic benefit of the person concerned itself or others, including in the case of savings.

§ 92. Under the rules and regulations issued under the law, penalties may be imposed on penalties for infringements of the rules or infringements of regulations covered by Section 75 (3). It may also be laid down that the penalty may rise to prison for up to two years under the same conditions as set out in section 91 (1). 2.

§ 93. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 2. Where an economic advantage has been achieved, this shall be confiscated by the rules of the penal code 9. Chapter, even though the infringement is not caused by injury to the environment or is, therefore, a danger to the environment. If no confiscation can be taken, special consideration shall be taken of this by the measurement of a fine, including any additional fine.

$94. The limitation period for the liability shall be five years for infringements and so on as referred to in Article 91 and in the case of infringement of rules laid down in rules adopted under the law.

§ 95. The right to exercise the activities of Chapter 3 may be waivable in the case of a criminal offence, if the defendant is accused ;

1) has been convicted of violating the penal code section 196 ; or

2) Repeated times, or, incidentally, circumcidentally,

a) infringed provisions of this law or regulations issued under this law or provisions of the environmental protection law or regulations issued in accordance with them,

b) failure to comply with prohibitions or injuns issued by this law or regulations issued in accordance with this law or in the case of the environmental protection law or regulations issued in accordance with them, or

c) the terms and conditions attached to a permit, dispensation or approval issued with a legal basis in this law or regulations issued in accordance with them or with a basis in the environmental protection laws or regulations issued in accordance with them.

Paragraph 2. Paragraph 1 shall apply mutatis muc; as regards the right to be founder, Director of or a member of the Management Board in a company with limited liability, a company or association which requires public approval, or a fund that operates ; livestock farms covered by Chapter 3.

Paragraph 3. In addition, the rules in the penal code section 79 (2) shall apply. 3 and 4.

§ 96. The following persons and companies, etc., shall be reported to the register created under the section 40 b of the Environmental Protection Act :

1) People who have been renowned the right to carry out pollutant livestock farms under this statutory section 95 or pursuant to section 79 of the penal code.

2) Persons convicted of penal code section 196.

3) Persons and companies, etc., who are punished for this statutory section of Article 91 (1). 2, or equivalent provisions laid down in notices issued by law in the law, provided that the sentence is imposed or fine of 10 000 DKK. or more, and if there is no more than 10 years from the criminal offence.

4) Persons and companies, etc., which have a debt of 100,000 kroner. or more or more, for the self-help actions by the supervisory authority pursuant to this law's § 48 and § 49, provided that this debt has been carried out or established by a court. It is also a condition that the debt is due and is not subject to a respected agreement or payment, and that two indents have been sent to the debtor.

Paragraph 2. In cases of conviction, and in matters that are finally resolved by the prosecution, the prosecution shall report to the Register. In cases of debt to the public for self-help actions, the supervisory authority in question shall report to the Register.

Paragraph 3. The person concerned or the company concerned, and so on, shall be notified before the registration takes place.

§ 97. The search for infringement of the provisions of this Act may be carried out in accordance with the rules of law on search in cases which may lead to the sentence of freedom.

Chapter 9

Amendments to the Law on Commitment Commitment, Act on Environmental Protection, Act on a quality assurance system for the regional and environmental handling and planning law ;

~ § 98. -101. (Excluded)

Chapter 10

Entry into force and transitional provisions

§ 102. The law shall enter into force on 1. January, 2007.

§ 103. In the case of livestock farms established before the entry into force of the law, the provisions of the law shall be granted in accordance with section 10 and approvals after section 11 or section 12 shall not take effect from the date on which the livestock farm makes changes or extensions to the installation, cf. however, paragraph 1 3.

Paragraph 2. The approval shall include the entire installation and the land of the holding for the first time approval after Section 11 or section 12 of this Act is granted.

Paragraph 3. The rules laid down in this law and regulations pursuant to the law shall also apply to existing livestock farms, which are subject to an environmental agreement after paragraph 33 or as laid down in accordance with section 41, cf. section 41 a and section 41 b, in the law on environmental protection from the date on which the municipal management board finds the basis for re-evaluating the approval of the livestock sector, cf. section 41 a and section 41 (b) of the environmental protection law.

§ 104. However, the creation, extension or modification of livestock farming may be available to the 1. If there is 1, no permit, without approval or approval, without authorisation or approval. January 2007, the appropriate regulatory decisions were required to ensure that the establishment, enlargement or the change in accordance with the existing rules could be implemented without waiting for further decisions on the planning and law of environmental protection or rules ; issued pursuant to these laws, and those decisions have continued to retain their validity at the time of the establishment, the extension or the change, cf. however, paragraph 1 2-4.

Paragraph 2. Decisions to ensure that facilities for intensive livestock farming are not to be able to have a significant impact on the environment, cf. However, for a maximum of two years after the decision, the section 6 c may replace the authorisation or approval of this Act for a period of not more than 2 years after the decision.

Paragraph 3. By way of derogation from paragraph 1 1 may establish, extend or amend a VVM duvet without authorisation or approval under this law, even though the establishment, enlargement or the change assumes that authorisation shall be granted in accordance with the section 35 of the plan, and this is not ; has been notified before 1. In January 2007, if there is 1. In January 2007, a final adopted region of the region shall be adopted, cf. section 6 c (3) of the plan. 2, and has been authorised to use a VVM duvet, cf. section 6 c (3) of the plan. 3, or environmental approval under the section 33 of the Environmental Protection Act.

Paragraph 4. Notification in accordance with section 29 of the notice. 814 of 13. However, July 2006 on the livestock unit, livestock manure, silage and so on may be made to the 1. March 2007.

§ 105. Applications pending on the approval of the establishment, extension or amendment of livestock farming in accordance with section 33 of the law on environmental protection and cases of land-zone authorizations according to section 35 of the Plans Law, which are not completed by the municipality board on 1. In January 2007, it must be completed in accordance with the rules of this Act.

Paragraph 2. Applications and notifications in the pending prior notification, exemption or approval pursuant to sections sections 3, 4, 6 and 30 of the notice shall be no. 814 of 13. July 2006 on the livestock unit, livestock manure, silage, etc., which have not been completed by the municipality board on 1. In January 2007, it must be completed in accordance with the rules of this Act.

Paragraph 3. In matters covered by paragraph 1, 1 and 2 orient the local authorities notifiers and or applicants for cases to be treated according to the rules laid down in this Act.

§ 106. Applications and applications pending on the subject of a significant impact on the environment according to the section 6 c and provision of the Region Plans for the VVM duravel, cf. for the purposes of whether a plant for intensive livestock farming is subject to significant effects on the environment. section 6 c (3) of the plan. 2, or the granting of permits to the VVM-duties-livestock farm, cf. section 6 c (3) of the plan. 3 that have not been finalised by the region of the region of 1. In January 2007, it must be completed in accordance with the rules of this Act.

Paragraph 2. The Reg shall forward the cases, cf. paragraph 1, to the municipal board, which inform the applicant that matters are dealt with in accordance with the rules laid down in this Act.

§ 107. If there is before 1. In January 2007, a public procedure has been carried out in accordance with the rules laid down by the rules of the plan or the environmental protection law or rules issued under these, when dealing with an application for the establishment, extension or modification of a livestock farm, which may be required ; be able to significantly affect the environment, or which must be approved in accordance with the section 33 of the Environmental Protection Act and the application or project is not amended significantly subsequently, the municipality Board may decide that the requirement for the involvement of the public is to be accepted ; the application of this law shall be omitted.

§ 108. Complaints of decisions concerning the possibility of having a significant impact on the environment according to the section 6 c of the plan, and decisions on landzone authorisations pursuant to the Clause Section 35, which have not been completed by the Natural Board ; before the 1. In January 2007, the Environment Board Board shall be transferred to the Committee on 1. January, 2007.

Paragraph 2. The Environmental Board shall examine the matter in accordance with the applicable rules in the section 6 c and section 35 of the plan.

Paragraph 3. If the Environmental Board Board shall take a decision that a plant for intensive livestock farming may be presumafied to be able to have significant effects on the environment according to section 6 c of the plan, the case must be sent to the municipality Board, which, on the basis of a new application, shall deal with the matter ; After the new rules.

Paragraph 4. If the Environmental Board Board shall take a decision that a facility for intensive livestock farming must not be allowed to have a significant impact on the environment according to section 6 c of the plan, can establish, expand or change livestock farming to the first 1. In January 2010 without authorisation or approval of this law, if there is before 1. In January 2007, the other relevant authorities were required to ensure that the establishment, extension or amendment of the existing rules could be implemented without waiting for further decisions on the planning and law of environmental protection, or rules issued under these laws and those decisions shall continue to remain valid at the time of the establishment, the extension or the amendment.

-109. pending appeal proceedings against decisions on environmental approvals following the section 33 of the Environmental Protection Act, and complaints of claims and prohibitions of section 41 of the environmental protection law, on 1. In January 2007, the Forest and Wildlife Board shall be transferred to the Environmental Board Board, or to which the 1. In January 2007, the Environment Board shall not be finalised in accordance with the rules in force in the environmental protection law to be finalised.

Paragraph 2. Complaits of decisions taken before 1. January 2007, which is after 1. In January 2007 and before the expiry of the time of the complaint, the Environmental Protection Act shall also be completed subject to the existing rules in the protection of the environment.

Paragraph 3. Where the Committee on the Environment, Public Health and Consumer Protection shall be subject to the examination of a complaint covered 1 and 2 decide that the case must be referred back to the municipality of Provination, the municipality shall examine the case according to the rules of this Act.

§ 110. Storage of decisions concerning the regional plantings of VVM ducheschesores, cf. section 6 c (3) of the plan. 2 or authorisations for the VVM-duties-livestock farm, cf. section 6 c (3) of the plan. 3, subject to the entry into force of the Act, have not been completed by the Natural Board of Natural Clause, completed by the Natural Board of Natural Board.

Paragraph 2. Complaits of decisions taken before 1. January 2007, which is after 1. In January 2007 and before the expiry of the period of appeal, the Natural Board shall be completed by the Natural Board following the existing rules in the plan for the law.

Paragraph 3. Where the nature of the Natural Board shall be subject to the examination of a complaint covered by paragraph 1. 1 and 2 decide that the case must be referred back to the municipality of Provination, the municipality shall examine the case according to the rules of this Act.

Paragraph 4. If the Natural Board of Natural Recycling, a decision on the regional planesrs for VVM-dusted livestock farming, cf. section 6 c (3) of the plan. 2 or authorisations for the VVM-duties-livestock farm, cf. section 6 c (3) of the plan. 3, according to the rules of the plan for the plan, cf. paragraph 3, the communal management board shall complete and to take a decision on the associated draft environmental approval under Article 33 of the Environmental Protection Act, in accordance with the current rules in the environmental protection law.

§ 111. The Minister for the Environment may also lay down transitional rules.

§ 112. The law does not apply to the Faroe Islands and Greenland.


Law No 507 of 17. June 2008 amending the law on environmental protection and various other laws, if section 5 concerns footnote 1 to the title of the law, section 52, section § 54 a-i, § 61, § 62, section 80 (5). 1-3, section 85, paragraph. Paragraph 1 and 2, section 87 (2). 1 and 2, section 90 (3). Paragraph 1 and Article 91 (1). 1, no. The entry into force of 4, 9 and 10 shall contain the following entry into force :

§ 15

Paragraph 1. The law shall enter into force on 1. July 2008, cf. however, paragraph 1 3.

Paragraph 3. (Excluded)


Law No 508 of 17. June 2008 amending legislation on the Protection of Nature, Act on Hunting and Wildlife Management and various other laws, if section 9 relates to section 73, paragraph 1. 1 and 75, paragraph 1. 2, contains the following effective provision :

§ 16

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


Law No 1336 of 19. December 2008 amending the source of tax law, the levying law, the enslaving law and various other laws, if section 28 relates to section 49, paragraph 1. 3, section 72, paragraph. Paragraph 1, section 73 and section 75 (3). 2 2) , includes the following entry into force :

§ 167

Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2.

Paragraph 2. (Excluded)

The Ministry of Environment, 4. December 2009

Troels Lund Poulsen

/ Claus Torp

Official notes

1) The law provides for the implementation of parts of Council Directive no. 85 /337/EEC of 27. June 1985 on the impact assessment of certain public and private projects on the environment (VVM-Directive) (VVM-Directive) (EC Official Journal of the European Communities) As recently as amended by the Council and the European Parliament, I have been amended by the Council and the European Parliament. 2003 /35/EC of 26. May 2003 on the possibility of public participation in the preparation of certain plans and programmes in the environmental field and amending Council Directive 85 /337/EEC and 96 /61/EC in the case of public participation and access to complaints, and Court of Justice (EU Official Journal of 2003) No In 156, page 17), parts of Council Directive 96 /61/EC of 24. September 1996 on integrated pollution prevention and combating pollution, (EC Official Journal (1996) No In the case of paragraph 257, page 26, parts of Council Directive 79 /409/EEC of 2. April 1979 on the protection of wild birds (the European Bird Protection Directive) (EC Official Journal of 1979). L 103, page 1), as last amended by Council Directive 2006 /105/EC of 20. November 2006, (EU-Official Journal of the European Journal. In paragraph 363, page 368), parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (EC Habitats Directive) (EC Official Journal of 1992. In 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. November 2006, (EU-Official Journal of the European Journal. In paragraph 363, page 368), parts of the Directive 2000 /60/EC of the European Parliament and of the Council of 23. In October 2000, establishing a framework for the Community's water policy (Water Framework Directive) (Water Framework Directive) (EC Official Journal 2000). L 327, page 1), parts of Council Directive 91 /676/EEC of 12. In December 1991 on the protection of water against pollution caused by nitrates originating from agriculture (EC Official Journal of 1991). Regulation (L 375, page 1), as amended by Regulation 1882 /2003/EC of the European Parliament and of the Council of 29. September 2003 (EU Official Journal 2003 # In the case of Directive 2004 /35/EC of the European Parliament and of the Council of 21, I 284, page 1), and parts of April 2004 on environmental liability in the field of prevention and mitigation of environmental damage, (EU Official Journal 2004) L143, page 56).

2) At § 28, no. Amendment No 4. 1336 of 19. In December 2008, a mistake was referred to section 75, paragraph 1. 2, as at the Law No 508 of 17. June 2008, became section 75, paragraph 1. 3, this change is therefore not included.