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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=128754

Overview (table of contents)



Chapter 1



Purpose and scope





Chapter 2



Prohibition of establishment of animal husbandry, etc. and location of livestock facilities





Chapter 3



Permits and approvals





Chapter 4



Injunction, prohibition and reassessment





Chapter 5



Supervision





Chapter 5 (a)



Environmental damage





Chapter 6



Administrative provisions





Chapter 7



Complaint and proceedings





Chapter 8



Penalty





Chapter 9



Changes in the law on obligatory communal collaborations, law on environmental protection, law on a quality assurance system for the municipal proceedings on nature and the environment and the law on planning





Chapter 10



Date of entry into force and transitional provisions



The full text of the Ordinance to the law on environmental approval etc. of animal use 1)

Hereby promulgated Act No. 1572 by 20. December 2006 on the environmental approval, etc. of animal husbandry with the changes imposed by section 5 of law No. 507 of 17. June 2008, section 9 of Act No. 508 of 17. June 2008, section 28 of Act No. 1336 of 19. December 2008 and section 11 of Act No. 514 of 12. June 2009.

Chapter 1 Purpose and scope of section 1. The law should help to safeguard the natural environment and landscape, so the development of livestock production can be done on a sustainable basis in respect for human life and for the preservation of animal and plant life.

(2). With this law aims particularly 1) to prevent and reduce pollution of air, water, soil and subsoil, as well as limiting odor-, light-, dust-, noise-, and the fly genes from livestock, including from the production, storage and use of manure, etc., 2) to provide hygienic reasoned decisions of importance for the environment and for the people, 3) to restrict the use and waste of raw materials and other resources , 4) to promote the use of best available techniques, including cleaner technology, 5) that promote recycling and limiting problems associated with waste disposal, 6) to protect nature with its populations of wild plants and animals and their habitats, 7) to create and maintain valuable buildings, cultural and urban environments and landscapes, 8) that the open coasts continue to constitute a significant nature and landscape resource and 9) to involve the public in cases under the law.

§ 2. The law applies to livestock.

(2). The law also applies to other agriculture, where the conclusion of an agreement on the marketing of livestock manure from livestock covered by paragraph 1.

§ 3. In law, the term: (1)) animal husbandry: Estate, on which there is a high-priced team of more than 3 livestock units, animal team with its stables and the like, the manure and silage storage facility as well as other fixed structures and associated areas.

2) construction: Animal team with its stables and the like, as well as stock farming fertiliser and silage storage facility.

3) Areas: owned and rented arable land for the property.

§ 4. Environmental Protection Act section 14 (3) and (4) and regulations issued under the Environmental Protection Act section 13 and section 14, paragraphs 1 and 2 shall apply mutatis mutandis to decisions taken on the basis of this law or regulations issued thereunder.

(2). Conditions laid down in permits under section 10 or approvals in accordance with §§ 11, 12 or 16 shall not apply to the extent that they conflict with the Ministry of family and Consumer Affairs regulations on the prevention and control of infectious diseases.

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

(2). The Minister may lay down rules as to which conversion factors to be used in the calculation of the livestock units.

(3). The Minister may lay down rules on the review requirement for livestock of 3 animal units.

Chapter 2 prohibition of establishment of animal husbandry, etc. and the location of the stable facilities § 6. Establishment of plants as well as extensions and changes to existing livestock farms for more than 3 livestock units, leading to increased pollution, 1) is not allowed in an existing or future city zone-according to the municipality plan rammedel or cottage area, 2) in an area of the country zone in local plan is zoned for residential purposes, mixed residential and commercial purposes or for the purposes of public authorities for the purpose of residential institutions, recreational purposes and the like. , 3) at a distance less than 50 metres from the in no. 1 and 2 mentioned areas or 4) at a distance less than 50 m from a neighbouring flat.

(2). The Minister may, in respect of specified animal species set other spacing requirements than those listed in paragraph 1, no. 1-4, provided and several types of spatial requirements, within which the establishment, extension or change cannot take place.

(3). The Minister must lay down rules on specific spatial requirements for the establishment of the fold to free range pigs, where the fold is no fixed bottom and drain.

§ 7. The establishment of the facility for more than 15 animal units is not allowed, if the plant is located wholly or partly within, or there are less than 300 metres from the plant to the following protected natural habitat types: 1) Bogs.

2) Lobeliesø.

3) Heat greater than 10 hectares, which is covered by the nature conservation Act § 3 and located outside the international nature protection areas.

4) of drives larger than 2.5 hectares, covered by the nature conservation Act § 3 and located outside the international nature protection areas.

5) Heat, covered by the nature conservation Act § 3 and located within the international nature protection areas.

6) grasslands, which are covered by the nature conservation Act § 3 and located within the international nature protection areas.

7) Ammonia sensitive lakes, including lime-rich Lakes and ponds with kransnålalger and Brown watered Lakes and ponds, which are covered by the nature conservation Act § 3 and located within the international nature protection areas.

(2). The provisions of paragraph 1 shall apply also to the extension and modification of livestock farming, which is or would become larger than 15 livestock units, if enlargement or change involves increased ammonia evaporation from plant.

(3). The Minister may lay down rules about which lakes that are covered by paragraph 1, nr. 7. Paragraph 4. The local authority provides, at the request of the public authorities concerned owners or users information about the location and extent of the natural habitats referred to in paragraph 1 and buffer zones.

(5). The Minister may, in respect of specified animal species lay down rules to the effect that applies lower limits than the provided for in paragraph 1, the minimum limit of 15 livestock units for establishment of animal husbandry and the limit laid down in paragraph 2 for the extension and modification, resulting in increased ammonia evaporation.

§ 8. Stables and the like. and manure storage facilities for livestock farming for more than 3 livestock units must not be set up within the following distances: 1) 25 m to not General water supply systems.

2) 50 metres to the General water supply systems.

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

4) 15 m to public roads and private fællesvej.

5) 25 m to food company.

6) 15 m to flat on the same estate.

7) 30 m to the neighbouring divisions.

(2). Silage storage facility shall not be established within those referred to in paragraph 1, no. 1-5 and 7, said distances.

(3). The Minister may, in respect of specified animal species establish other spatial requirements, within which the establishment, extension or change cannot take place.

Stricter measures and derogations



§ 9. Municipal Board of Directors may grant a derogation from the spatial requirements of the basic regulation. § 6, riding schools and horse pensions for more than 3 livestock units. Dispensation can be given in terms of specific requirements for the operation of the property, layout of stalls, rubbish, etc.

(2). Where compliance with the requirements referred to in § 8 spacer will not secure enough against essential genes or pollution, the Municipal Council to order that the plant be placed more appropriate, and establish conditions for setting up and running. The Municipal Council shall lay down the conditions concerning the location, setting up and running in connection with authorizations under section 10 or approvals under section 11 and section 12.

(3). Where compliance with the requirements in paragraph 8 mentioned the distance is not possible for livestock farming, can the local authority may grant derogations from here and lay down conditions for setting up and running. The Municipal Council shall lay down the conditions for setting up and running in connection with authorizations or approvals in accordance with §§ 10-12. The Municipal Council must lay down conditions, which ensures that there is no pollution or significant genes.

Chapter 3 Authorisations and approvals section 10. The Municipal Council may grant authorization for the establishment, expansion or modification of livestock for more than 15 and 75 animal units.

(2). Livestock covered by paragraph 1 should not be set up without the Municipal Board's prior authorization. An extension or alteration of a livestock, which causes the livestock sector will be larger than 15 livestock units, should also not begin without the Municipal Board's prior authorization.

(3). Livestock covered by paragraph 1 of this article shall not be extended or modified in a way that can lead to increased pollution or other effects on the environment, without the Board's prior permission for the extension or municipal change.

§ 11. Municipal Board of Directors may grant approval for the establishment, expansion or modification of livestock for more than 75 animal units, which are not covered by section 12.


(2). Livestock covered by paragraph 1 should not be set up without the Municipal Board's prior approval. An extension or alteration of a livestock, that results in emissions exceeding the limit laid down in paragraph 1, shall also not begin without the prior approval of the Board of Directors of the municipal total livestock.

(3). Livestock covered by paragraph 1 of this article shall not be extended or modified in a way that can lead to increased pollution or other effects on the environment, without the prior approval of the Board of Directors of municipal expansion or change.

§ 12. Municipal Board of Directors may grant approval for the establishment, expansion or modification of livestock for more than 250 animal units, however, 1) 270 animal units if at least 90% of animal units derived from lakes with associated piglets until 30 kg or 750 stipladser to lakes, 2) 100 animal units, in the case of chickens, or 40,000 stipladser for chickens for fattening, 3) 230 animal units, in the case of laying hens , or 40,000 stipladser for laying hens or 4) 210 animal units, in the case of fattening pigs (over 30 kg), or 2,000 stipladser for finishing pigs (over 30 kg).

(2). Livestock covered by paragraph 1 should not be set up without the Municipal Board's prior approval. An extension or alteration of a livestock, that results in emissions exceeding the limits laid down in paragraph 1, shall also not begin without the prior approval of the Board of Directors of the municipal total livestock.

(3). Livestock covered by paragraph 1 of this article shall not be extended or modified in a way that can lead to increased pollution or other effects on the environment, without the prior approval of the Board of Directors of municipal expansion or change.

§ 13. Included in the holding multiple properties with associated facilities, and is the real estate asset, which applied for the establishment, expansion, or modification of, technical and forureningsmæssigt associated with another real estate facility, the plant is permitted or approved total.

§ 14. An approval in accordance with sections 11, 12, or 16 may include further planned extensions or modifications provided to 1) in the application is sufficient information about the planned extensions or changes to the local authority can assess the situation and establish the necessary conditions, and 2) extensions or changes intended to be completed within a shorter time horizon.

§ 15. Approval of livestock in accordance with § 11 or § 12, where the candidate has owned or leased land, which operated under the same registration number, shall also include an endorsement of the farm's land.

§ 16. The Municipal Council can approve the land not covered by a licence under section 10 or an approval under section 11 and section 12, and used for the disposal of manure from livestock covered by a permit or approval in accordance with this law.

(2). Marketing of livestock manure to arable land with a third party in connection with the establishment, expansion or modification of a livestock, which the Municipal Council will be able to assess the significant effects on the environment, cannot be included in permits under section 10 or approvals under section 11 and section 12, unless the land is approved in accordance with paragraph 1.

§ 17. The Minister may lay down rules as to which terms are to be included in decisions on authorisation of livestock under section 10 and the approval of livestock in accordance with § 11 and § 12 and approval of land under section 16.

(2). The Minister may lay down rules to the effect that the requirement of prior authorization in accordance with § 10 and § 11 or § 12 after approval for specified animal species occurs at a lower threshold than the minimum limit of 15 livestock units, which are set out in section 10, paragraph 1.

(3). The Minister may lay down rules about including that permit or approval is unnecessary and in certain cases. The Minister may lay down rules to the effect that a notification system in lieu of a permit or approval.

Application for authorisation and authentication



§ 18. Application for establishment, expansion or modification of livestock covered by §§ 10-12 or rules provided for under section 17, paragraph 2, and the application for approval under section 16 shall be submitted to the Municipal Council.

(2). The Minister may lay down rules on the application submission, content and information as well as the Municipal Board's treatment thereof, etc., the Minister may lay down rules concerning the obligation of the applicant including to provide additional information.

(3). The Minister may lay down rules on the form in which the application must be filed, and shall draw up a special table to use for the application for a permit pursuant to section 10.

Assessment of the application for authorisation and authentication



§ 19. The Municipal Council must, when assessing an application for authorization under section 10 or approval in accordance with sections 11, 12, or 16 ensure that the 1) the applicant has taken the necessary measures to prevent and reduce pollution through the application of best available techniques and 2) livestock production, moreover, can be operated on site without affecting the environment in a way that is incompatible with respect for the environment.

§ 20. The Municipal Council must, when assessing an application for authorization under section 10 or an approval under § 11 or § 12 make sure that the risk of pollution or significant nuisance for the environment will be limited, if the plant is less than 300 metres from 1) a residential building on a property without agricultural duty, which lies in a comprehensive settlement in the rural zone, and which has a different owner than the operator , 2) an existing or according to plan rammedel future urban municipality or cottage area or 3) an area in rural zone in local plan is zoned for residential purposes, mixed residential and business or for the purposes of public authorities for the purpose of residential institutions, recreational purposes and the like.

§ 21. The Municipal Council must, when assessing an application for authorization under section 10 or an approval under § 11 or § 12 ensure that there is no increased ammonia volatilization from the overall plant, if a plant is located wholly or partly within or less than 300 metres from the natural habitats referred to in § 7, extended or amended.

§ 22. In the construction of the new settlement on a livestock with no affiliation to the property's existing settlement areas and the construction of new settlements, there is no need for that commercial real estate operation as agricultural property, the Municipal Council in assessing an application for authorization under section 10 or an approval under § 11 or § 12 make sure that the landscape values not be overridden.

(2). For construction, which is commercially necessary, and entered with no affiliation to the property's existing settlement areas, Municipal Council assess the location and design of the mark applied for.

§ 23. The Municipal Council must, when assessing an application for approval in accordance with § 11 or § 12 product take the following into account: 1) use of the best available techniques.

2) Protection of soil, groundwater, surface water and nature with its populations of wild plants and animals and their habitats, including areas protected against state changes or preserved, designated as the international nature protection area or identified as particularly vulnerable to nutrient impacts.

3) limiting any nuisance for neighbours (odour, noise, dust, flue-and lysgener, waste production, etc.).

4) the consideration of the landscape values.

§ 24. The Municipal Council must, when assessing an application for authorization under section 12 (2), assess the essential possible alternative solutions.

(2). The Municipal Council must by a claimed expansion or change in the scope of § 11 or § 12, (3) make an assessment as referred to in paragraph 1, if the mark can result in a significant effect on the environment.

§ 25. The Municipal Council must in the case of an application for approval in accordance with § 11 or § 12 assess merdepositionen of ammonia from the shed and storage, if one applied for the establishment, expansion or modification of livestock farming is located in a distance of 300 to 1000 m from natural habitats, from which a spatial requirements pursuant to section 7.

(2). The Minister may lay down rules as to the merdeposition who are assessed to have a significant effect on the environment.

section 26. The Municipal Council must, when assessing an application for establishment, extension or amendment to include all land, which operated under the same registration number.

(2). The local authority must make an overall assessment of all start-ups, expansions or changes made since the 1. January 2007 on livestock farming, including farm land, up to a maximum of over an 8 year period.

(3). Included in the application for the establishment, expansion or modification of a livestock marketing of livestock manure on third parties ' holdings shall mark the areas on these holdings shall be assessed separately.

(4). If the Municipal Council considers that the placing on the market of animal manure to arable land with a third party, see. assessment in accordance with paragraph 3, could be significant effects on the environment, the placing on the market of these holdings are not included in the permissions under section 10 or approvals under section 11 or section 12 of the basic regulation. However, section 16.

The Municipal Board's decision



§ 27. A permit pursuant to section 10 and an approval in accordance with sections 11, 12, or 16 shall contain conditions that ensure that the livestock sector be organized and operated in such a way that the requirements of section 19 is met. The Municipal Council must, taking into account the stock farming location lay down conditions to ensure


1) that any nuisance for neighbours (odour, noise, dust, fly-, and lysgener, waste production, etc.), see. § 20, limited, 2) that there is no increased ammonia volatilization from the overall plant, see. section 21, and 3) to the candidate establishment is done taking into account the landscape values, see. § 22.

(2). In the case of containers for liquid manure, Municipal Council authorize or approve an operation, in the interests of mark desired location, unless essential considerations for landscape, nature and the environment, as well as neighbors crucial speaks against the location. A permit under section 10 or approval under section 11 or section 12 shall contain conditions that the container shielded with vegetation and is removed when it is no longer needed for the operation.

section 28. If the Municipal Council on the basis of an application for authorization under section 10 has assessed that the mark applied for, incidentally, will be significant effects on the environment, the Municipal Council set conditions, which can counter this increased pollution and other significant impacts on the environment.

section 29. An approval in accordance with § 11 or § 12 shall, in addition to the conditions referred to in section 27 contain conditions which ensure 1) that merdepositionen of ammonia from the shed and storage, see. § 25, limited, and 2) to the Minister of the environment provided by the terms of the basic regulation. section 34, paragraph 3, including terms of own-checks and the reduction of ammonia, is carried out.

(2). The Municipal Council can in an approval in accordance with § 11 or § 12 establish additional conditions that are necessary to ensure that the considerations referred to in section 23, shall be held.

section 30. Include an applied the establishment, expansion or modification of an animal husbandry application of livestock manure on third party land, which in these areas only lays down conditions relating to mark the total allocated amount of manure for each holding and the terms on which arable land manure must be applied to the deposed.

section 31. The Municipal Council must notify the refusal of an application for authorization under section 10 or approval in accordance with sections 11, 12, or 16, if section 19 is not met.

section 32. The Municipal Council must notify the refusal of an application for authorization under section 10, if the candidate can have significant effects on the environment, which cannot be mitigated with conditions, and decide that if the applicant wishes to continue the proceedings, the candidate is treated as an application for approval under section 11.

section 33. In permits under section 10 and the authorisations under section 11 or section 12 shall be set a time limit for the use of these. Consent or authorisation lapses if it is not used within this period. The time limit should not normally be set to later than 2 years from the date of the communication.

(2). If an authentication include planned extensions or changes the meaning. § 14 deadline to take advantage of this part of the authorisation shall not exceed five years from the approval message.

(3). If a permit or approval has been granted in accordance with this law have not been completely or partially utilized for 3 consecutive years, lapse the part of approval, which has not been exploited in the past 3 years, see. However, paragraph 2.

§ 34. The Minister may lay down rules on the processing of matters relating to the functioning of municipal permits or approvals, including with a view to the fulfilment of international obligations. The Minister may establish requirements for the assessment basis, which the Municipal Council must apply when processing and decision of the case, and the cases in which and the conditions under which permits or approvals may be granted. The Minister may determine, including the applicable special requirements for specific livestock.

(2). The Minister may lay down rules on the level of protection to use for decisions under this law, including what's significant impact on the environment.

(3). The Minister may lay down rules on the approval of livestock, including rules about which account the Municipal Council must carry out concerning the determination of the conditions for approval, and rules on the conditions of own-checks and the reduction of ammonia from the stables and storage.

section 35. The Minister may lay down rules to the effect that the Municipal Board's decisions as to whether an application for establishment, expansion or modification of a livestock sector has significant effects on the environment, should not be taken without the consent of the Minister of the environment, and that the Municipal Board's decisions on permits and approvals must be submitted to the Minister for the environment.

The setting of special conditions, refusal and revocation of authorisations



§ 36. The Municipal Council may refuse an application for approval in accordance with sections 11, 12, or 16, if the applicant, members of the Executive Board or Board of Directors of the applicant or others who can exert a dominant influence on stock farming operation, includes: 1) persons who have been deprived of the right to drive livestock under this article 95, paragraph 110 (b) of the environmental protection act or pursuant to section 79 of the criminal code.

2) persons sentenced after section 196 of the Penal Code.

3) Persons and companies, etc., who are punished in accordance with this law, section 91 (2), article 110, paragraph 2 of the environmental protection act or similar provisions set out in the notices, which are issued under the authority of the Act or the environmental protection act, if laid down a custodial sentence or a fine of 10,000 USD or above, and provided that no more than 10 years has elapsed from the offense.

4) Persons and companies, etc., which has debt of DKK 100,000 or more to the public for the self-help actions carried out by the supervisory authority pursuant to the provisions of this law, section 48 and section 49, if this debt is admitted or established by a court. It is also a condition in which the debt is due and is not subject to a compliance agreement on the deferred or afdragsvis payment, as well as to sent two reminders to the debtor.

section 37. The Municipal Council may also establish specific conditions in an approval in accordance with sections 11, 12, or 16, including the call for the establishment of a security, provided that the owner or the responsible management is governed by § 36.

(2). The Municipal Council may regulate the size of the collateral, if the basis for the calculation of the size substantially altered.

section 38. The Municipal Council may revoke an approval in accordance with sections 11, 12, or 16, or lay down special conditions in an existing authentication, including conditions on collateral, see. section 37, if 1) members of the holder, the holder's managerial or administrative or other, which can exert a dominant influence on stock farming operation, will be covered by section 36, 2) persons or companies, etc., which are covered by section 36, becomes the owner or co-owner of livestock farming, or 3) persons covered by section 36, joins the Board of directors or the Executive Board of a company, etc., who operates an approved animal use.

(2). A decision under paragraph 1, of the decision relates, be required, brought before the courts. The request shall be submitted within 4 weeks after that decision is made notifies the, to the authority which granted the approval. The authority brings an action against the person concerned in the civil procedure forms.

(3). Request for legal proceedings, without prejudice. (2) have a suspensive effect, but the Court may by order direct that the person concerned during the proceedings must not exercise the company that approval relates. If the revocation of the authorisation are valid by the judgment, it can be determined that this appeal does not have suspensory effect.

Chapter 4 Orders, prohibitions and re-evaluation section 39. The supervisory authority may issue the injunction, that pollution must be reduced, including injunction, that certain measures are to be implemented if a livestock sector, which is approved under section 11 or section 12, or if the disposal of animal manure, which is approved under section 16, causing unsanitary conditions or significant pollution. The supervisory authority may also grant injunctions, if livestock production is estimated to involve a nearby risk of significant pollution or unsanitary conditions.

(2). The supervisory authority may lay down a prohibition against continued operation and, where appropriate, require production of livestock farming removed, if pollution cannot be reduced.

§ 40. The supervisory authority may not grant injunctions or prohibitions under section 39, before there has been 8 years after the grant of the approval in accordance with § 11 or § 12 or after environmental protection act.

(2). Notwithstanding the provisions of paragraph 1 shall, however, take a supervisory authority authorisation under section 12 up for reconsideration and, where necessary, inform the injunction or prohibition under section 39, if 1) obtained new information about the harmful effects of pollution, 2) pollution causes environmental damage, which could not be foreseen by the communication, 3) pollution, moreover, goes beyond that which was taken into account when the message , 4) substantial changes in the best available techniques make it possible for a significant reduction in emissions without incurring disproportionate costs, or 5) for reasons of operational safety in connection with the process or activity is required, the use of other techniques.

§ 41. The supervisory authority may modify the terms of an approval in accordance with sections 11, 12, or 16 by injunction or banning against continued operation, see. § 39, when there has been 8 years after the date of notification of approval.


(2). The Minister may lay down rules to the effect that the supervisory authority should regularly take approvals after §§ 11, 12 or 16 up for reconsideration and, where necessary, inform the injunction or prohibition under section 39.

(3). The supervisory authority must take approval in accordance with sections 11, 12, or 16 up to review, when there has been 8 years after approval, and if necessary notify the injunction or prohibition under section 39 of the cases, as referred to in section 40 (2).

(4). The Minister may lay down rules to the effect that the other decisions on the same animal husbandry after provisions in the law or in accordance with the rules adopted pursuant to the Act or in accordance with the environmental protection act or regulations issued thereunder, if necessary, must be modified in connection with the reassessment referred to in paragraph 2 and 3 and in article 40, paragraph 2.

§ 42. The supervisory authority may issue the injunction, that pollution must be reduced, including injunction, that certain measures are to be implemented if a livestock sector, which are covered by section 10 or recorded under rules drawn up under section 5 (3) or section 17 (2) or (3) 1. point, leads to unsanitary conditions or significant pollution.

(2). The supervisory authority may also grant injunctions on termination or restriction of activities deemed to pose a risk to nearby major pollution or unsanitary conditions.

(3). The supervisory authority will be in connection with the establishment, expansion or modification of a referred to in paragraph 1, the livestock sector aware of conditions that can be expected to result in a requirement for restriction of stock farming pollution or ban on stock farming operation, the Supervisory Board in advance to express this to the livestock sector.

section 43. The supervisory authority may immediately close down the ban against the continued operation of a livestock and possibly require livestock farming removed, if pollution causes imminent serious danger to human health.

Chapter 5 Monitoring section 44. The Municipal Council supervises the law and the rules laid down on the basis of the law are complied with.

(2). The Municipal Council also leads to injunctions and prohibition is complied with, as well as the conditions laid down in connection with approvals and permissions are respected.

(3). The Municipal Council is also the supervisory authority referred to in article 6. sections 46, 48 and 49, in matters relating to contaminants or at risk of contamination, which is the result of the fact that livestock farming has ceased.

(4). Municipal Board forwards cases concerning violations of the Environment Minister's decisions under paragraph 2 to the Minister for the environment. The Minister shall, in that case, the decision in the case in accordance with the law's other provisions.

§ 45. The Minister may provide for supervision in some cases to be carried out by other authorities.

§ 46. The supervisory authority must cause an illegal relationship legalized, unless the relationship has minor importance.

§ 47. The supervisory authority may choose not to treat conditions which it deems to be of minor importance for the purposes for which the law must perform, see. § 1.

(2). The supervisory authority's decision pursuant to paragraph 1 may not be appealed to any other administrative authority.

section 48. In situations referred to in section 46 shall notify the supervisory authority responsible for the relationship that the irregular situation must be brought to an end. In this regard, the supervisory authority 1) prohibit the continued operation and, where appropriate, require production of livestock farming removed, 2) require the responsible person to restore the baseline condition and 3) let the prescribed measures perform for the officer's account, when the prescribed period has expired.

(2). Decisions of the supervisory authority pursuant to paragraph 1 may not be appealed to any other administrative authority.

§ 49. In the event of an imminent serious threat to public health and in cases where immediate action is required to prevent significant pollution or pollution from spreading, the supervisory authority shall carry out the necessary without injunctive relief and for the officer's expense.

(2). To prevent a situation as described in paragraph 1, the supervisory authority to carry out the necessary without injunctive relief and for the officer's expense. It does not however apply if livestock production is in operation, or if the necessary measures can be undertaken in accordance with other legislation.

(3). The supervisory authority's decisions in accordance with paragraphs 1 and 2 may not be appealed to any other administrative authority.

§ 50. In cases where section 10 of the Act on legal security by prioritizing the use of coercive measures and information duties apply, the supervisory authority can carry out the necessary studies for the officer's expense to lighting of the relationship, as this is otherwise or could be required to provide information about.

§ 51. In cases where section 10 of the Act on legal security by prioritizing the use of coercive measures and information duties apply, or where the of enforcement or environmental reasons, moreover, is deemed necessary, the supervisory authority for a limited period, can make the decision to carry out the checks as a livestock use would otherwise have to perform as a self checking, for stock farming Bill. In the decision to take over the monitoring, the authority may establish the requirements that are necessary for the implementation of the control of the authority.

§ 52. The one who is responsible for the conditions or devices that may give rise to pollution, shall in the event of significant pollution or imminent threat of significant contamination immediately inform the supervisory authority of all relevant aspects of the situation. This also applies in the event of environmental damage or an imminent threat of environmental damage.

(2). The one who is responsible for the conditions or devices that may give rise to pollution, shall in the event of significant pollution or imminent threat of significant pollution immediately to avert the imminent danger of pollution or prevent further discharges of pollutants, etc.

§ 53. The person responsible for conditions or devices that may give rise to pollution or other effects on the environment, shall, at the request of the Municipal Council provide all information, including on financial and accounting matters, which are important for the assessment of pollution or the impact on the environment, moreover, and for any remedial or preventive measures. Information must also be provided at the request of other authorities who have duties or powers conferred under the law or regulations issued pursuant to the law. The competent authority may require the person responsible for including his own account to 1) carry out sampling, analysis and measurements of substances emitted to the environment, as well as noise and vibrations, 2) perform sampling and analyses of the materials and products used or dealt with, as well as of any waste substances, 3) clarify the causes or effects of a place found pollution or the impact on the environment, moreover, 4) clarify how the consequences of pollution be remedied or prevented, and 5) clarify how other effects on the environment can be remedied or prevented.

(2). The supervisory authority may revise the terms of an agricultural, approval or permission in order to improve the control of own stock farming pollution (self-monitoring) or achieve a more appropriate supervision. Provisions of the injunction can be reviewed in a similar manner.

§ 54. The Minister may lay down detailed rules concerning the exercise of the supervisory activities of the regulator.

(2). The Minister for the environment may face a regulatory authority for a specific period of time closer to determine the extent of supervisory authority's regulatory obligation.

(3). The Minister may lay down detailed rules concerning the supervisory authorities must submit reports on their mapping and monitoring activities, including the results of measurements and surveys, as well as lay down the rules on the reporting form.

Chapter 5 (a) environmental damage § 54 a. environmental damage or an imminent threat of environmental damage for the purposes in accordance with §§ 7-11 of the environmental damage the law.

section 54 b. By the person in charge of the operation means the who operates or controls the occupational activity.

(2). By the person responsible for the environmental damage or an imminent threat of environmental damage shall mean the person responsible for operating, irrespective of how the damage or imminent threat of an injury has occurred, without prejudice. However, paragraphs 3 and 4.

(3). In cases of application for agricultural purposes of waste and animal manure is considered as the person responsible for the environmental damage or an imminent threat of environmental damage the who, in the course of commercial activities have used these products, unless the user can show that the use was in accordance with the requirements for use and the user has not shown misconduct in connection with its use.

(4). If the user cannot be regarded as the person responsible in the cases covered by paragraph 3, shall be considered as the person responsible for the environmental damage or an imminent threat of environmental damage the professionally produced or imported the waste or manure that is used.

(5). Paragraph 4 shall not apply if the manufacturer or importer can demonstrate that the harmful effects of pollution arising from the use of waste or manure arise not from errors in the product, and that there is no demonstrated reckless behaviour by production or imports.


paragraph 54 (c). The person in charge of an imminent threat of environmental damage must immediately initiate the necessary preventive measures to ward off the imminent threat of environmental damage. The person responsible for the environmental damage must immediately implement any practicable measures to reduce the level of injury and prevent further damage.

(2). The supervisory authority shall ensure that its obligations were met, although that has not yet taken a decision pursuant to section 54 f.

§ 54 d. Obligation to restrict an environmental damage extent and prevent further environmental damage does not apply if the person responsible for the environmental damage can prove that the 1) is caused by a third party and joined the Board, despite the fact that appropriate safety measures were taken, 2) due compliance with mandatory regulations, which is provided by a public authority, unless the requirements flowing from the orders or instructions which are caused by the person's own activities , or 3) is caused by an emission or event expressly authorised by, and fully in accordance in accordance with the conditions set out in a permit or with rules that are so detailed that they can be equated with a permit, and which is not due to his own misconduct.

(2). Obligation to avert an imminent threat of environmental damage does not apply if the person responsible for the imminent threat of environmental damage can demonstrate that the danger is due to the conditions referred to in paragraph 1, no. 1 or 2.

(3). (1). 3, does not apply to the manufacturer and the importer as mentioned in paragraph 54 (b), paragraphs 4 and 5.

section 54 e. The supervisory authority may require the person responsible for the operation or the user, the manufacturer or importer to provide the information relevant for assessing whether there has been environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage the law. The person responsible for the operation or the user, the manufacturer or importer may be imposed, at its own expense, including conducting investigations, analyses, measurement of substances and the like. in order to clarify the cause and effect of a place found contamination.

(2). Injunctive relief can be granted, regardless of whether the person responsible for the operation or the user, the manufacturer or importer has the availability of the property where there is a demonstrated pollution. In order to provide for an obligation for the restoration of the polluted property.

(3). If the person responsible for the operation or the user, the manufacturer or importer does not have available over the property, can notify the supervisory authority, which has the availability of the property, the injunction to tolerate, that studies etc. carried out by the person responsible for the operation or the user, the manufacturer or importer.

(4). Injunction in accordance with paragraph 3 shall be binding as against the person at any time has the availability of the property where there is a demonstrated pollution.

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

(2). Decision on the existence of an environmental damage, may not be made if the person responsible for the environmental damage can prove the existence of relationships as referred to in article 54 (d) (1). 1, 2 or 3. § 54 d, paragraph 3, shall apply mutatis mutandis.

(3). Decision on the existence of an imminent threat of environmental damage cannot be taken if the person responsible for the imminent threat of environmental damage can prove the existence of relationships as referred to in article 54 (d) (1). 1 or 2.

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

§ 54 g. If there is environmental damage, which affects or may affect another Member State, the supervisory authority shall take a decision thereon, regardless of that there is no under section 54 f can be decided about who is responsible for the environmental damage.

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

(2). The supervisory authority shall publish the decision.

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

(4). Decision on the existence of an environmental damage or an imminent threat of environmental damage, which must be treated in accordance with the environmental damage the law, can only be appealed as part of an appeal against a decision in accordance with the environmental damage Act Chapter 2 or 3. The complaint must be filed in accordance with environmental damage § 52.

§ 54. At the request of a complainant is entitled under section 84 (1) and (2) and sections 86 and 87 shall be the supervisory authority take a decision pursuant to section 54 f or § 54 g.

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

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

Chapter 6 Administrative provisions section 55. The Municipal Board's decision that a permit or approval will not cause an environmental impact must be made available to the public in connection with that authorization under section 10 or approval in accordance with sections 11, 12, or 16.

(2). The Municipal Council must involve the public before taking a decision on the approval of the establishment, expansion or modification of livestock within the scope of article 12, paragraph 2, or other start-ups, expansions or changes of animal husbandry, which can result in a significant impact on the environment.

(3). The public is informed early in the decision-making procedure by public advertisement or by other appropriate means or, at the latest, as soon as the information can reasonably be made available, on the following: 1) the application for approval.

2) the fact that the project is subject to a procedure of environmental impact assessment.

3) Name and address of the competent local authority from which relevant information can be obtained and to which comments or questions can be directed, as well as details about the deadlines for submission of comments or questions.

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

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

6) what measures have been taken for the purpose of public participation, including to any within a specified period from the public advertising may ask to receive draft decision when this is available, and that any person affected by the decision, including organisations and associations governed by sections 84-87, has the right to comment on the draft decision, as well as information obtained for use for the decision.

(4). The Municipal Council shall forward the draft decision to the neighbors and other concerned as well as to others who have so requested, stating that there is a 6-week period within which to comment on the draft. At the same time with the transmission informs the Municipal Council for supplementary information to the application and other information relevant to the decision that is received after the initial public announcement.

(5). The Municipal Council shall inform the public by public announcement, once it has decided on an application covered by paragraph 1 or 2, and informs including whether, where and how the relevant information is made available.

(6). Decisions are open to appeal shall be communicated to the persons, organizations and also the appeal authorities, see. § § 84-87, and the authorities, who, incidentally, has been involved in these proceedings. Decisions must, however, is only granted the nationwide associations and organisations, as referred to in section 87, when they have asked the Environment Minister to receive notification of the decisions, see. § 62.

(7). Notification to the persons referred to in section 84 (1) (8). 3, may, however, take place at the public announcement.

(8). The Minister may lay down rules concerning public participation in certain decisions in matters relating to a review under section 40 and section 41, as well as other decisions relating to livestock taken after environmental protection act or regulations issued thereunder.

(9). The Minister may lay down detailed rules on public participation and advertising.

section 56. Approvals and permits in accordance with this law, which is not subject to the disclosure provisions of section 55, can first be notified when elapsed 3 weeks after that the Municipal Council has given written notification of the application to the neighbors to the disputed property.

(2). The provision of paragraph 1 shall not apply if it is applied after the Municipal Board's estimate is of subordinate importance to the neighbors.

(3). The Minister may lay down rules to the effect that paragraph 1 does not apply, if the Municipal Council shall make public announcement of the application.

§ 57. Decisions in accordance with this law shall be notified in writing to the addressee.


(2). Injunction or prohibition may be communicated orally, when there is a danger to health or immediate intervention is required to avert significant environmental damage. An oral decision must also be notified in writing as soon as possible.

§ 58. Before making a decision on the injunction or prohibition, the addressee of these decisions in writing shall be informed of the proceedings and be acquainted with its access to public access and to give its opinion in accordance with the Act on administrative procedures. In the same context that the addressee should be invited to contribute with information that can shed light on the costs, pros and cons of the decision.

(2). Notification in accordance with paragraph 1 need not be applied if an immediate decision is needed, or if notification is deemed manifestly unnecessary.

section 59. Injunction or prohibition shall contain a time limit for the execution of the decision. When there are special circumstances, however, it can be determined that the injunction must be complied with immediately.

(2). When special reasons speaking for it, can the local authority decide that complaints about the injunction should not have suspensive effect.

section 60. Decisions are open to appeal shall contain information on the date of expiry of the appeal and that decision may be appealed in writing 1) to Environmental complaints, 2) the complaint shall be submitted to the authority which took the decision, and 3) complaint must be received no later than the expiry of the appeal.

section 61. Local associations and organizations that have the protection of the environment and nature as a general purpose, can notify the local authority that they want to be informed of the specific types of decisions on the basis of the provisions of Chapter 3, 4 and 5 (a). The Association shall simultaneously submit bylaws, documenting that it is locally organized and that its main purpose is the protection of the environment and nature. Similarly, local associations and organisations, who after their purpose carries significant recreational interests when decisions affecting such interests.

§ 62. Nationwide associations and organizations after their statutes have the protection of the environment and nature as a general purpose, may inform the Minister of the environment that they want to be informed of the specific types of decisions on the basis of the provisions of Chapter 3, 4 and 5 (a), after which the Minister within 14 days he or she shall notify the Municipal Council. Similarly, nationwide associations and organizations after their statutes are intended to protect the substantial recreational interests when decisions affecting such interests.

section 63. The Minister may authorize a under the Ministry created State authority or after negotiation with the concerned minister, other governmental authorities to exercise the powers conferred on the Minister by this Act.

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

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

section 64. The Minister may establish advisory boards to the advice by the authorities in the matters covered by this law.

section 65. The Minister may decide to take over the Municipal Board's powers according to the law in cases affecting other authorities statutory duties or have greater significance.

(2). The Minister may also, in essential cases on application by a livestock or a Municipal Council to take over a municipal board approval and supervisory jurisdiction in accordance with the law.

§ 66. The Minister may impose municipal councils to provide information for an assessment of the facts which is regulated under this law within the individual municipality's area. The information may be required in a particular form.

section 67. The Minister may impose municipal councils to take questions, including specific cases concerning this law up for consideration and decision.

section 68. Authorities, acting on the same animal husbandry after provisions in the law or in accordance with the rules adopted pursuant to the law and in accordance with the environmental protection act or regulations issued thereunder, shall coordinate their decisions, to the extent necessary to ensure that the law's purpose is fulfilled.

section 69. The Minister may lay down rules on the possibility of using digital communications within the area of the law and on the procedures for doing so.

section 70. The Minister or the Minister for the environment, authorizes, and the municipal authorities of other public authorities can obtain the information needed to check compliance with the law and the regulations issued thereunder. The Minister or the Minister for the environment, authorizes, the municipal authorities may in this connection make the juxtaposition and correlation of information, including personal data, for purposes of control.

§ 71. The supervisory authority or persons empowered for that purpose by that authority, have, if necessary, at any time against proper identification without court order access to public and private buildings, premises and means of transport to carry out supervisory or other tasks in accordance with this law, the rules adopted on the basis of the law or regulations within the area. The supervisory authority has access to carry out investigations, including photograph, copy or include documents and include other items free of charge. Acknowledgement for included items will be extradited.

(2). The police provides assistance by supervisory authorities in the exercise of powers under paragraph 1. The Minister of Justice may, after negotiation with the Minister of the environment establish detailed rules on the exercise of police powers above.

(3). By studies and supervision on property and premises, the holder and employees provide the competent authorities the necessary guidance and help.

section 72. The Minister may lay down rules on the fees for total or partial coverage of costs of administration and supervision of the competent authorities in connection with the law.

(2). The Minister may lay down rules on the payment of interest by the lack or late payment of fees charged under this Act. The remuneration is effected from the due date of the fee. Fee shall accrue interest with 1.3 per cent monthly interest rate for each commenced month from the 1. of the month in which the fee is payable, subject to a minimum of 50 us $.

section 73. (Repealed) section 74. The Government may enter into agreements with foreign States on joint measures for the fulfilment of the Act's purposes.

(2). The Minister for the environment lays down rules for fulfilment of international agreements concluded in accordance with paragraph 1.

§ 75. The Minister may lay down rules or adopt provisions with a view to the achievement of the European Community directives and decisions on matters covered by this law. The Minister may establish the necessary rules for the application in this country by the European communities regulations relating to matters covered by this law. The Minister may lay down rules about including the authorities will administer the regulations.

(2). The Minister shall lay down for the purpose of meeting the European communities directives and decisions on nature protection area rules about the cases in which and the conditions under which permits may be issued under section 1), 10, 2) authorisations may be granted under section 11, section 12 and section 16 and 3) derogations may be granted in accordance with section 9, paragraph 3, of the basic regulation. section 8 (1) (8). 3. The provisions of paragraph 3. The Minister may lay down rules on the payment of fees, including the rate of return and udpantningsret2) in connection with the application of regulations concerning matters covered by this law.

(4). Supervision of compliance with the regulations, in respect of matters governed by this law, shall be exercised by the Municipal Council in accordance with article 44, unless the Minister determines that the supervision must be exercised by other authorities. When performing the supervision authorities have the supervisory obligations and supervisory powers, which appears in Chapter 5.

(5). Of decisions taken on the basis of regulations or rules issued in accordance with paragraph 1, the provisions laid down in Chapter 7 apply, with regard to access to justice and legal proceedings.

Chapter 7 Complaints and litigation section 76. Without prejudice to the provisions of the Act, see. However, section 78, the Municipal Board's decisions and decisions in accordance with the law or rules laid down on the basis of the Act, be appealed to the Environmental complaints body established pursuant to the law on environmental protection.

(2). Similar applies to the decisions of the Minister under section 65 and decisions taken by the Minister pursuant to sections 50, 51 and 53, in cases where the Minister has decided to take over the Municipal Board's powers under section 65.

§ 77. § 102, section 104 (1) and (2) and sections 105, 106 and 109 of the Act on the protection of the environment shall apply mutatis mutandis at the Environmental complaints Board's treatment of cases under section 76.

(2). Complaint to the Environmental complaints must be made in writing by the complaint justified after § § 84-87 to the authority which took the decision. The authority shall forward immediately after the expiry of the appeal complaint to Environmental complaints board accompanied by the appeal and the material that has been signed by their rating.

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


§ 78. The Minister may lay down rules to the effect that decisions on an individual basis is of minor importance for the protection of nature, environment and landscape, cannot be appealed to any other administrative authority.

§ 79. Complaint deadline is 4 weeks from the date of the decision or the decision is announced. The decision or the decision is publicly announced, deadline, however, always from the notice of complaint is considered.

(2). If the appeal period expires on a Saturday or holiday, the deadline to appeal is extended on the following working day.

section 80. An appeal against an injunction or prohibition in accordance with §§ 39, 42 or 54 e, or of a decision under section 50 or section 51 has a suspensive effect, unless Environmental complaints board decides otherwise.

(2). An appeal against an injunction or a ban, see. § § 39, 42 or 54 (e), that the Municipal Council has decided must be complied with immediately, see. section 59, however, does not have suspensive effect, unless Environmental complaints board decides otherwise.

(3). Environmental complaints board may decide that a complaint against an injunction or prohibition, see. § § 39, 42 or 54 (e), must have suspensory effect, notwithstanding the fact that the Municipal Council has decided that a complaint should not have suspensive effect. section 59 (2).

§ 81. A complaint about a permit under section 10, approval under sections 11, 12, or 16 or exemption under section 9 does not have suspensive effect unless the Complaints Commission decides otherwise, see Environment. However, paragraph 3.

(2). The provision in paragraph 1 implies no restrictions in Environmental complaints board access to modify or remove a lodged the permission, approval or exemption.

(3). A permit under section 10 or approval under section 11 or section 12, which contains conditions under section 27 (1) (8). 3, and paragraph 2, must not be exploited before the appeal deadline. A complaint about permits under section 10 or approvals under section 11 or section 12, which contains conditions under section 27 (1) (8). 3, and paragraph 2, have a suspensive effect, unless Environmental complaints board decides otherwise.

section 82. The Minister may lay down rules to the effect that certain permits or approvals must not be used before the appeal deadline, and to an appeal shall have suspensive effect.

section 83. When a complaint is submitted to the Municipal Council, the local authority shall inform without delay the addressee of the decision complained of, about the complaint.

section 84. Municipal Board's decisions can be appealed by the addressee of the decision, 2 1)) the Minister for the environment and 3) anyone who has a substantial interest in the outcome of the case, individual.

(2). Environment Minister's decisions can be appealed by the addressee of the decision) and 1 2) anyone who has a substantial interest in the outcome of the case, individual.

(3). Health Agency can appeal the decisions after chapter 3. The National Board of health may also be conferred on the Court of final appeal in the rules issued pursuant to law.

(4). The Minister may lay down rules to the effect that decisions are open to appeal under the law of certain authorities in other countries.

§ 85. The Danish fishermen's Association can appeal the decisions of the municipal board and the Environment Minister in accordance with the provisions of chapters 3 and 4, as regards questions about pollution of rivers, lakes or the sea.

(2). Freshwater fishing Association for Denmark can appeal the decisions of the municipal board and the Environment Minister in accordance with the provisions of chapters 3 and 4, as regards questions about pollution of streams and lakes.

(3). Business Council of the labour movement can appeal the decisions of the municipal board and the Environment Minister, when essential employment interests are affected.

(4). Consumer Council may appeal against decisions of the Board of Directors and the Environment Minister's Municipal Council in so far as they are essential and fundamental.

§ 86. Local associations and organizations that have the protection of nature and the environment as a general purpose, can appeal against decisions taken by the Association or organization has wanted to be informed of the basic regulation. section 61.

(2). Local associations and organisations, who after their purpose carries significant recreational interests, can appeal against decisions taken by the Association or organization has wanted to be informed of the basic regulation. § 61, when decision affects such interests and the complaint aims to take care of nature and environmental protection.

section 87. Nationwide associations and organizations after their statutes have the protection of nature and the environment as a general purpose, can appeal against decisions taken on the basis of the provisions of Chapter 3, 4 and 5 (a).

(2). Nationwide associations and organizations after their statutes are intended to protect the substantial recreational interests, can appeal against decisions taken on the basis of the provisions of Chapter 3, 4 and 5 (a), when the decision affects such interests and the complaint aims to take care of nature and environmental protection.

section 88. Environmental complaints board for review of complaint merits can demand that the Association or organization shall submit the articles of Association.

section 89. A decision in an appeal shall contain a time limit for the execution of the decision. When there are special circumstances, however, it can be determined that the decision should be complied with immediately.

section 90. Action against decisions under the law or the rules shall be laid down in accordance with the law, must be brought within 6 months after the decision or the decision is announced. For decisions issued after chapter 5 a deadline, however, is 12 months. The decision or the decision is publicly announced, bringing the deadline from the notice.

Chapter 8 Penalty section 91. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who 1) sues, commences or driver livestock without a permit under section 10 or approval under section 11 or section 12, 2) overrides the conditions attached to a consent, waiver or an approval in accordance with the law, 3) fails to comply with a prohibition or injunctive relief in accordance with the law, including the injunction to correct an illegal relationship, 4) fails to provide notification as referred to in section 52 (1), or to provide information or to submit samples under section 53, 5) fail to notify laid down in rules drawn up under section 5, paragraph 3, and section 17 (3), 2. PT, 6) counteracts the authorities ' access to properties or sites in contravention of section 71, 7) willfully distorts or causes damage, taketh markings, which are carried out in connection with work and studies in accordance with the law, 8) fails to comply with the requirements of a decision under section 51 or removes or modifies equipment, as the supervisory authority has affixed pursuant to a decision under section 50 or 51, § 9) fail to seek an imminent threat of pollution averted or prevent further discharges of pollutants, etc. pursuant to section 52 (2) 10) fails to take the necessary preventive measures against an imminent threat of environmental damage or any practicable measures to limit environmental damage and prevent further environmental damage, without prejudice. § 54 c, 11) violates regulations laid down in the official regulations relating to matters covered by this law, without prejudice. section 75, paragraph 1, 12) shall give false or misleading information in connection with the processing of cases by this law or 13) fails to comply with the certifying authority or appeal to establish collateral under section 37.

(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is 1) cause damage or threat of damage induced on nature, animals, plants, landscapes or people or other interests which the law seeks to protect, see. § 1, including air, water, soil and subsoil, or 2) achieved or intended an economic advantage for the person himself or others, including savings.

section 92. In the rules and regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the rules or for violation of provisions of the regulations covered by section 75, paragraph 1. It may also be stipulated that the penalty can rise to imprisonment for up to 2 years in similar circumstances as listed in section 91, paragraph 2.

section 93. That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(2). Is there a violation by obtained a financial benefit, this according to the rules laid down in the criminal code are seized 9. Chapter, although in the infringement is not caused damage to the environment or was induced threat therefore. Can there not be confiscation, shall be taken into account when calculating separately a fine, including a possible additional fines.

§ 94. The period of limitation for criminal liability is 5 years for violations, etc. as provided for in section 91 and for violation of the provisions of the rules issued pursuant to law.

section 95. The right to carry on business subject to Chapter 3 may be revoked upon conviction for the offence, if the accused is convicted for violation of 1) Penal Code § 196 or 2) repeatedly or, under aggravating circumstances, moreover, have a) violated the provisions of this law or regulations issued thereunder or provisions of the environmental protection act or regulations issued thereunder, b) failed to comply with the prohibition or injunction issued under the authority of this Act or regulations issued thereunder, or on the basis of the environmental protection act or regulations issued thereunder, or


c) breached conditions attached to a consent, waiver or approval issued under this Act or regulations issued thereunder or pursuant to miljøbekyttelsesloven or regulations issued thereunder.

(2). Paragraph 1 shall apply mutatis mutandis, with regard to the right to be the founder of, Director of, or a member of the Board of Directors of a limited liability company, a company or an association, which requires public approval, or a Fund, which operates the livestock covered by Chapter 3.

(3). In addition, applies the rules in section 79 of the Penal Code, paragraphs 3 and 4.

section 96. The following persons and companies, etc., must be reported to the register established under the Environmental Protection Act § 40 b: 1) persons who have been deprived of the right to operate polluting livestock pursuant to this law, § 95 or pursuant to section 79 of the criminal code.

2) persons sentenced after section 196 of the Penal Code.

3) Persons and companies, etc., who are punished in accordance with this law, section 91, paragraph 2, or corresponding provisions laid down in regulations, which are adopted on the basis of the law, if laid down a custodial sentence or a fine of 10,000 USD or above, and provided that no more than 10 years has elapsed from the offense.

4) Persons and companies, etc., which has debt of DKK 100,000 or more to the public for the self-help actions carried out by the supervisory authority pursuant to the provisions of this law, section 48 and section 49, if this debt is admitted or established by a court. It is also a condition in which the debt is due and is not subject to a compliance agreement on the deferred or afdragsvis payment, and that sent two reminders to the debtor.

(2). In cases concluded by the judgment, and in the cases determined definitively by the prosecution with fines adoption, making Prosecutor reporting to the register. In cases of debt to the public for the self-help actions make the concerned regulatory authority reporting to the register.

(3). Notification to the person or the company in question, etc. on the registration before the registration takes place.

section 97. Search in respect of infringements of the provisions of this law may be made in accordance with the rules of civil procedure act on the search made in matters which under the law can result in imprisonment.

Chapter 9 Changes in the law on obligatory communal collaborations, law on environmental protection, law on a quality assurance system for the municipal proceedings on nature and the environment and the law on planning § § 98. -101. (Omitted)

Chapter 10-entry into force and transitional provisions § 102. The law shall enter into force on the 1. January 2007.

§ 103. Livestock farming, which is established before the entry into force of the Act, given the provisions of the Act for a permit pursuant to section 10 and approval under section 11 or section 12 effect only from the date on which the livestock sector make changes or extensions of the installation, see. However, paragraph 3.

(2). The first time, granted approval in accordance with § 11 or § 12 of this Act, the approval shall include the entire plant and farm land.

(3). The rules laid down in this law and the regulations issued pursuant to the law also applies to existing livestock farms, which are the subject of an environmental certification pursuant to section 33 or injunctive relief under section 41 of the basic regulation. section 41 (a) and section 41 (b) of the law on the protection of the environment from the time when the Municipal Council finds basis in order to reassess stock farming, see authentication. Environmental Protection Act section 41 (a) and section 41 (b).

section 104. The establishment, expansion or modification of livestock farming can, however, forward to the 1. January 2009 happen without authorization or approval under this law, if the 1. January 2007 was the necessary regulatory decisions to that establishment, extension or amendment in accordance with the existing rules could be implemented without waiting for further decisions in accordance with the law on planning and the law on environmental protection or regulations issued pursuant to these laws, and these decisions still all have retained their validity at the time of the establishment, extension or amendment of the basic regulation. However, paragraphs 2 to 4.

(2). Decisions, to installations for the intensive livestock farming must be assumed not to be able to have significant effect on the environment, see. Plan section 6 (c), may, however, in not more than 2 years after the decision, the message replace requirements for authorization or approval under this law.

(3). Notwithstanding the provisions of paragraph 1, the establishment, expansion or modification of an EIA required livestock take place without the permission or approval in accordance with this law, even if the establishment, extension or amendment is subject to authorization in accordance with section 35, and this plan is not notified before 1 January 2002. January 2007, provided that the 1. January 2007 is finally adopted region plan Appendix, see. Plan section 6 (c), paragraph 2, and authorization is granted to an EIA required livestock use, see. Plan section 6 (c), (3) or environmental approval after environmental protection Act section 33.

(4). Notification pursuant to section 29 of Decree No. 814 of 13. July 2006 on commercial animal husbandry, livestock manure, silage, etc., may, however, be made to the 1. March 2007.

§ 105. Applications in cases pending on the approval of the establishment, expansion or modification of livestock under section 33 of the Act on the protection of the environment and the fact that the permissions after plan section 35 which are not completed by the Municipal Council on 1 May. January 2007, shall be completed in accordance with the provisions of this law.

(2). Applications and notifications in cases pending on prior notification, exemption or approval in accordance with sections 3, 4, 6 and 30 of Decree No. 814 of 13. July 2006 on commercial animal husbandry, livestock manure, silage, etc. that are not completed by the Municipal Council on 1 May. January 2007, shall be completed in accordance with the provisions of this law.

(3). In the cases covered by paragraphs 1 and 2 shall inform the Municipal Council reviewed and or applying for, that cases are treated according to the rules laid down in this law.

§ 106. Reviews and applications in cases pending on whether a facility for intensive livestock breeding is likely to have significant effects on the environment in accordance with the plan section 6 (c) and the provision of spatial planning supplement for EIA-responsible for providing livestock, see. Plan section 6 (c), paragraph 2, or the granting of permits for EIA-responsible for providing livestock, see. Plan section 6 (c), (3) there is no completed by spatial planning authority 1. January 2007, shall be completed in accordance with the provisions of this law.

(2). Spatial planning authority forwards the cases referred to in article 6. (1) to the Municipal Council, which will inform the applicant that the dossiers are processed according to the rules laid down in this law.

§ 107. If within the 1. January 2007 have been implemented a disclosure procedure in accordance with the planning act or the environmental protection act or regulations issued pursuant to these by processing of an application for the establishment, expansion or modification of a livestock likely to be significant effects on the environment, or to be approved in accordance with the Environmental Protection Act section 33, and the application or project are not substantially altered subsequently, the Municipal Council may decide that the requirement for participation of the public under this law may be omitted.

§ 108. Complaints concerning decisions on whether a facility for intensive livestock breeding is likely to have significant effects on the environment in accordance with the plan section 6 (c), and decisions on the fact that the permissions after plan section 35 which are not finalised by Nature complaints board before 1 July. January 2007, transferred to Environmental complaints 1. January 2007.

(2). Environmental complaints board deals with the matter in accordance with the existing rules in plan section 6 (c) and section 35.

(3). If Environmental complaints board decides that a facility for intensive livestock breeding is likely to have significant effects on the environment in accordance with the plan section 6 c, the case must be sent to the Municipal Council, which on the basis of a new application should deal with the case under the new rules.

(4). If Environmental complaints board decides that a facility for intensive livestock farming is not likely to have significant effects on the environment in accordance with the plan section 6 (c), the establishment, expansion or modification of livestock farming be made to the 1. January 2010 without authorization or approval under this law, if before the 1. January 2007 was the other requisite regulatory decisions to that establishment, extension or amendment in accordance with the existing rules could be implemented without waiting for further decisions in accordance with the law on planning and the law on environmental protection or regulations issued pursuant to these laws and these decisions still all have retained their validity at the time of the establishment, extension or amendment.

section 109. Pending appeals against decisions on the environment environmental protection Act section 33 approvals and complaints about procedure and ban after environmental protection Act section 41, that the 1. January 2007 transferred from the forest and nature Agency for Environmental complaints board, or as the 1. January 2007 is not finalised in Environmental complaints, completed by Environmental complaints board in accordance with the existing rules in the environmental protection act.

(2). Complaints about decisions made before 1 May 2004. January 2007, which, in the 1. January 2007 and before the appeal deadline is transferred to or be referred for Environmental complaints, also finalized in accordance with the existing rules in the environmental protection act.

(3). If the Environmental complaints board when examining a complaint covered by paragraph 1 or 2 decides that the case should be referred to the Municipal Council, the Municipal Council for reconsideration the matter according to the rules laid down in this law.


section 110. Complaints about decisions on spatial planning supplement for EIA-responsible for providing livestock, see. Plan section 6 (c), paragraph 2, or permissions to the EIA-responsible for providing livestock, see. Plan section 6 (c) (3), by the entry into force of the law is not finalised by nature, complaints board, completed by Natural complaints board.

(2). Complaints about decisions made before 1 May 2004. January 2007, which, in the 1. January 2007 and before the expiry of the appeal brought before the complaints board, finalized by Nature Natural complaints board in accordance with the existing rules in the Planning Act.

(3). If the Natural complaints board in the handling of a complaint covered by paragraph 1 or 2 decides that the case should be referred to the Municipal Council, the Municipal Council for reconsideration the matter according to the rules laid down in this law.

(4). If Natural complaints board confirms a decision concerning spatial planning supplement for EIA-responsible for providing livestock, see. Plan section 6 (c), paragraph 2, or permissions to the EIA-responsible for providing livestock, see. Plan section 6 c, paragraph 3, in accordance with the Planning Act, see. (3) the Municipal Council must finalize and decide on the related draft environmental approval in accordance with § 33 of environmental protection in accordance with the existing rules in the environmental protection act.

§ 111. The Minister can also lay down transitional rules.

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

Act No. 507 of 17. June 2008 amending the law on the protection of the environment and various other laws if § 5 terms of footnote 1 to the title of the Act, section 52, sections 54 a, § 61, – in section 62, section 80, paragraph 1 – 3, § 85, paragraphs 1 and 2, section 87 (1) and (2), section 90 (1) and section 91, paragraph 1, no. 4, 9 and 10, includes the following entry-into-force provision:

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

(3). (Omitted)

Act No. 508 of 17. June 2008 amending the law on nature protection, the law on hunting and wildlife management and various other laws, if section 9 relates to section 73 (1) and section 75, paragraph 2, contains the following provision: entry into force

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

Act No. 1336 of 19. December 2008 amending kildeskatteloven, charging the law, udpantnings law and various other laws, if section 28 relates to section 49, paragraph 3, article 72, paragraph 1, § 73 and section 75, paragraph 22), includes the following entry-into-force provision:

section 167 (1). The law shall enter into force on the 1. January 2009, see. However, paragraph 2.

(2). (Omitted)

The Ministry of the environment, the 4. December 2009 Troels Lund Poulsen/Claus Torp Official notes 1) Act contains provisions that implement elements of Council Directive No. 85/337/EEC of 27. June 1985 on the assessment of the effects of certain public and private projects on the environment (EIA Directive) (Official Journal 1985, nr. L 175, p. 40), as last amended by Council and European Parliament Directive No. 2003/35/EC of 26. May 2003 on public participation in connection with the drawing up of certain plans and programmes relating to the environment and amending Council directives 85/337/EEC and 96/61/EC, with regard to public participation and access to justice (Official Journal of the European Union 2003 nr. L 156, p. 17), parts of Council Directive 96/61/EC of 24. September 1996 on integrated pollution prevention and control, (Official Journal 1996 nr. L 257, p. 26), parts of Council Directive 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive) (Official Journal 1979 No. L 103, page 1), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368), parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive) (Official Journal 1992 nr. L 206, p. 7), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368), parts of the European Parliament and Council Directive 2000/60/EC of 23. October 2000 establishing a framework for Community action in the field of water policy (water framework directive) (Official Journal of the European communities 2000 nr. L 327, page 1), parts of Council Directive 91/676/EEC of 12. December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (Official Journal of the European communities 1991 No. L 375, page 1), as amended by European Parliament and Council Regulation (EC) 1882/2003/EC of 29 April 2004. September 2003 (Official Journal of the European Union 2003 nr. L 284, page 1) and parts of the European Parliament and of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (the official journal of the European Union 2004 nr. L 143, page 56).

2) By section 28, nr. 4 of law No. 1336 of 19. December 2008 were erroneously referred to section 75, paragraph 2, which by law No. 508 of 17. June 2008, was to section 75, paragraph 3, this change is therefore not included.