Decree On Subsidies For Municipal Wetland Projects

Original Language Title: Bekendtgørelse om tilskud til kommunale vådområdeprojekter

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133034

Overview (table of contents) Chapter 1 Purpose and content of Chapter 2 Definitions Chapter 3 Administration Chapter 4 eligible projects Chapter 5 Conditions for reimbursement, expenditure eligible for Chapter 7 Chapter 6 Amendment of the project Chapter 8 calculation of subsidy Chapter 9 the payment of supplements Chapter 10 obligation Chapter 11 cancellation of commitments and repayment of the subsidy Chapter 12 Chapter 13 Force majeure redress Chapter 14 entry into force The full text of the Decree on subsidies for municipal wetland projects under section 3 without prejudice to article. § 2, nr. 4, point (e), section 5, article 7, paragraph 4, article 11, paragraph 4, and section 13, paragraph 1, of the lov nr. 316 of 31. March 2007 on rural (rural code) be established under the authority and after agreement with the Minister for the environment: Chapter 1 Purpose and contents section 1. The provisions of this Ordinance relating to grants for municipal wetland projects.
(2). The purpose of the system is through the construction of wetlands to improve water environment and nature by a reduction of the nitrogen load, as specified in the State water plan for each vandoplande.
 § 2. Food Business within the budgeting framework can give 1) commitment of grants for feasibility studies, 2) commitments on subsidies for the construction of wetlands and 3) reserve economic framework for projects covered by the mark applied for nr. 2 under one or more of the following means: (a)) purchases project land pursuant to lov nr. 535 of 24. June 2005 on land consolidation and public purchase and sale of real estate for agronomic purposes, etc. (the land consolidation Act).
b) land consolidation under the land redistribution law.
(c) grant Commitments to maintaining) wetlands under Food Business announcement about grants for maintenance of wetlands.
(2). Commitments for grants can be given to project promoters.
Chapter 2 Definitions section 3. By vandoplande for the purposes of this Ordinance the vandoplande identified for wetland effort in the State water plan, which is published or approved by the Minister of the environment or in the subsequent municipal action plans.
(2). For the purposes of this Ordinance feasibility studies by studies carried out prior to the construction of wetlands, and which enable an assessment of whether a project can be implemented. Feasibility studies can include property and technical matters.
(3). Property feasibility studies include investigations in this notice describing the property conditions, including ownership, property location, mode of operation, lodsejer connection, land price and the participants ' compensation would, including the need for replacement land.
(4). Technical feasibility studies in this notice includes studies that describe technical and biological conditions is of importance for the construction of wetlands, including soil conditions, topography, flora and fauna, as well as describes how a project can help to promote the purpose of this scheme.
(5). By the project responsible for the purposes of this Ordinance the municipality chosen by a water basin Steering Committee to be responsible for the implementation of a municipal wetland project in the water catchment area, which the Steering Committee is set up, including for the part of the project, which includes areas located outside the geographic area of the municipality of project officers.
Chapter 3 Administration authorities and control section 4. Food Business shall take a decision in accordance with this Ordinance.
(2). Food Business shall carry out checks in connection with the Administration after this announcement. On-the-spot checks as part of the administrative checks shall be carried out by the food industry or the Food Business empowers it.
(3). The Danish plant Directorate carries out the physical checks and the subsequent accounting control pursuant to executive order on the Danish plant Directorate functions and powers.
(4). Food business and the Danish plant Directorate can to use for checks to obtain information from other authorities, as necessary, in accordance with § 12 rural.
Grant application and decision section 5. Grant application must be submitted to Food Profession through the forest and nature Agency on a special application form, which is available via the Food Business website or via the website www.vandprojekter.dk.
(2). The forest and nature agency acknowledge of receipt of the application and may in this connection grant permission to launch the project.
(3). Food Business shall decide upon undertakings or refusals to grant application after setting from the forest and nature Agency, see. sections 7 and 8. Food Business shall fix the amount of the undertaking, given the commitment of grant for.
§ 6. If undertaking gardens would reservation of a financial framework under one or more of those listed in section 2 (1) (8). 3, referred to instruments for the implementation of a project for a grant for the construction of wetlands, application for reservation of the economic framework for that purpose shall be submitted at the same time as the application for a grant for the construction of wetlands.
(2). For projects covered by the commitment of grants for construction of wetlands, booking the Food Profession economic framework, as mentioned in section 2 (1) (8). 3 if there are applied accordingly.
Chapter 4 eligible projects feasibility studies § 7. Grants for feasibility studies may be granted only to projects that meet the criteria contained in paragraph 3 of the Ministry of the environment Decree No. 853 of 30. June 2010 concerning the criteria for the assessment of municipal wetland projects.
Plants of wetlands section 8. Grants for the construction of wetlands may be granted only to projects that meet the criteria set out in section 4 of the Ministry of the environment Decree No. 853 of 30. June 2010 concerning the criteria for the assessment of municipal wetland projects.
Chapter 5 Conditions for grant feasibility studies § 9. It is a condition of grants for feasibility studies, 1) that feasibility studies be terminated before a date to be fixed in the undertaking of the Food Profession and which application can be changed, see. § 15, 2) that undertaking gardens submit cash out request, accountant, feasibility reports and opinion on implementation in a timely manner to the Food Business Regulation. section 20, no. 3, 3) that withdrawal requests associated with the original accounting documents shall be kept available for at least 5 years from the date of the final payment of the grant and 4) the applicant shall give the information, Food industries and the forest and nature agency requests for use of such procedures.
Plants of wetlands section 10. It is a condition of grants for construction of wetlands, 1) that the necessary authorisations from public authorities is achieved, 2) that the project be terminated before a date to be fixed in the undertaking of the Food Profession and which application can be changed, see. § 15, 3) to submit the request for final payment undertaking gardens, accountant, final project report and opinion on the implementation in a timely manner to the Food Business Regulation. section 21 (1) (8). 2 and 3, 4) that the project be maintained for a period of at least 5 years from the date on which the project must be completed, 5) that withdrawal requests associated with the original accounting documents shall be kept available for at least 5 years from the date of the final payment of the grant and 6) the applicant shall give the information, Food industries and the forest and nature agency requests for use of such procedures.
 § 11. It is also a condition of grants for construction of wetlands, to undertaking gardens shall ensure that the provisions referred to in paragraph 2 and any regulations under section 12 will be things like as easement on all properties with areas within the project area. In servitutterne, the food Profession be listed as reprimand justified.
(2). After the implementation of the project areas within the project area must permanently remain as wetland and maintained as grass or natural areas. Forest established prior to submission of the grant application, can be maintained but may not be covered by the commitments for grants pursuant to Food Business announcement about grants for maintenance of wetlands. In respect of areas within the project area in addition, the following applies: 1) the areas shall not be used for the establishment of forest or energy, low-or coppice.
2) Areas shall not be used for cultivation of crops, including not to be used for seed production and for the cultivation of energy crops, ornamental plants, greenery and Christmas trees, which, however, does not prevent grass and other vegetation on the land can be used for grazing, time, rørskær or similar.
3) Areas must not be supplied with plant protection products. Food Industries can in special cases, grant derogations from the ban on the supply of plant protection products on the market.
4) Areas must not be supplied with fertilizer, except for the manure left behind by grazing livestock.
5) Areas should not be allocated to soil improvers.
6) Land should not be converted.
7) must not grant fed on land. Minerals shall not be considered as complementary feedingstuffs. Food Industries can in special cases, grant derogations from the prohibition on follow-on feeding on land.

8) Activities, as owners and tenants entrepreneur or permit on the part of the land, which is closer than 5 metres from open streams, lakes over 100 m² and coastlines, to be carried out in a manner that does not result in erosion of the said portion of land. The distance is calculated from the river or the Lake's upper edge, or in the case of coastlines from the year's normal highest vandstandslinie. Food Industries can in special cases, grant derogations from the provisions of 1. PT.
9) the inspection authority shall have access to the project area in connection with the control.
10) there must be the access to the project area, which is necessary in order to comply with the conditions for the maintenance of the installations.
11) The natural type and mode, which is formed as a result of the provisions be registered under this Ordinance, shall not be covered by the exemption rule (1-year rule) in section 2 (1) and (3) of Decree No. 1172 of 20. November 2006 on protected natural habitats or later provisions, which had to replace those provisions.
12) the Food Profession authorizes thereof, shall have access to outdoor areas in the project area in conjunction with measurements of the effect of the project on the aquatic environment and nature, including to take soil and water samples.
(3). Biodynamic preparations to be used on agricultural holdings is authorized by this Ordinance shall be deemed associated Demeter not as plant protection products, fertilisers or soil improvers.
 § 12. Food Profession establishes in undertaking detailed conditions of the undertaking ' s obligation to inform about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers, journals or the like.
(2). Food Business can, upon a proposal from the forest and nature Agency, establish additional conditions in the undertaking, including the easement for the project area must contain specified provisions, including provisions for drainage conditions, maintenance of plants and ground cover. However, there may not be determined condition that must not be taken on areas within the project area.
Chapter 6 expenditure eligible for financing feasibility studies section 13. Grants for feasibility studies may include 1) the cost of the rent with purchase option of equipment that are directly related to the examining the project, 2) the cost of the salaries of staff involved in the project, in so far as these costs are not usually funded by public institutions, public enterprises or municipal communities, 3) expenditure on information and meetings and 4) expenditure on consultancy.
(2). Food Profession may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, to the Food Industries estimates that the cost is of key importance for the implementation of the project.
(3). Grants for feasibility studies may not include 1) expenditure incurred by the undertaking gardens has held, in the forest and nature Agency has given permission to launch the project, see. section 5, paragraph 2, however, if such authorisation is not given expenditure incurred before undertaking gardens there are pledged grants, 2) expenditure relating to activities in which the undertaking gardens or an owner or lessee of land in the project area are required to implement in accordance with other legislation, 3) expenditure qualifying for public aid or the aid provided for in other legislation , 4) VAT, unless this definitively borne by undertaking gardens, 5) expenditure on research and technological development, 6) financing and banking costs and 7) the cost of the purchase, rental and leasing of used equipment and used equipment.
Plants of wetlands section 14. Grants for the construction of wetlands may include 1) expenditure on studies, 2) expenditure relating to the purchase of goods and services, including consultancy and contractor services to use for design, 3) expenditure on capital works, 4) expenditure using own machines and the like, 5) the cost of the salaries of staff involved in the project, in so far as these costs are not usually funded by public institutions , public companies or local communities, 6) the cost of the rent with purchase option of equipment that are directly related to the project, 7) the cost of information and meetings and 8) the cost of registration of wetland Declaration, see. § 11.
(2). Statement of expenditure using own machines and the like are assessed on the basis of the relevant local machine stations and construction rates and shall be subject to approval by the Food industry.
(3). Food Profession may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, to the Food Industries estimates that the cost is of key importance for the implementation of the project.
(4). Grants for the construction of wetlands may not include 1) expenditure incurred by the undertaking gardens has held, in the forest and nature Agency has given permission to launch the project, see. section 5, paragraph 2, however, if such authorisation is not given expenditure incurred before undertaking gardens there are pledged grants.
2) expenditure relating to activities such as undertaking gardens or an owner or lessee of land in the project area are required to implement in accordance with other legislation, 3) expenditure qualifying for public aid or the aid provided for in other legislation, 4) VAT, unless this definitively borne by undertaking gardens, 5) expenditure on research and technological development, 6) financing and banking costs, 7) costs of purchasing , rental and leasing of used equipment and used equipment and 8) expenditure on capital works on forest land and land subject to fredskovs duty.
Chapter 7 section 15 of the project Change. Modification of a project may be approved by the Food Profession upon the recommendation of the Danish forest and nature Agency. Application for amendment of a project must be approved before the change is implemented.
(2). Application in accordance with paragraph 1 shall be submitted to the Food Profession through the forest and nature Agency on a special table that is available via the Food Business website or via the website www.vandprojekter.dk. Food Profession acting upon a proposal by the forest and nature Agency.
(3). Commitment amount cannot be increased in connection with changes in the project.
§ 16. Food Profession may on application allow, to another, which, according to § 2 may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.
(2). Application in accordance with paragraph 1 shall be submitted to the Food Profession through the forest and nature Agency on a special table that is available via the Food Business website or via the website www.vandprojekter.dk. Food Profession acting upon a proposal by the forest and nature Agency.
Chapter 8 Calculation of reimbursement section 17. Grants for feasibility studies shall be granted up to 100% of eligible expenditure. The eligible costs may only include the expenditure necessary for the implementation of the project.
§ 18. Grants for the construction of wetlands is granted with up to 100% of eligible expenditure. The eligible costs may only include the expenditure necessary for the implementation of the project.
Chapter 9 the payment of supplements section 19. Payment of grants on the basis of the organiser statement of paid eligible project costs must be documented. Request for payment of the reimbursement shall be submitted to the Food Business at a special table and be accompanied by a statement from a chartered or certified accountant. Form and declaration form is available via the Food Business website or via the website www.vandprojekter.dk.
(2). The grant is transferred to the undertaking's NemKonto.
§ 20. For the payment of grants for feasibility studies in addition, the following applies: 1) Reimbursement shall be paid as a single payment after the end of the feasibility studies.
2) withdrawal request must be accompanied by a statement from the Danish forest and nature agency about that feasibility studies are carried out in accordance with the undertaking content.
3) withdrawal request, the auditor's statement, feasibility reports and opinion on implementation must be received in the Food Business within six months after the feasibility studies must be completed. Food Industries can in special cases, grant a derogation from this deadline.
§ 21. For the payment of grants for the construction of wetlands in addition, the following applies: 1) grants for the construction of wetlands may be paid in two installments. 50 per cent can be paid, when half the project costs are paid, and 50 per cent may be paid when the project is finally completed.
2) request for final payment must be accompanied by a statement from the Danish forest and nature agency that the project is implemented in accordance with the undertaking content and final project report, which gives an account of the activities carried out in connection with the project, and describe how the information obligation is fulfilled, without prejudice. section 12, paragraph 1.

3) request for final payment, accountant, project report and opinion on the implementation of the Food Profession must be received within six months after the project must be completed. Food Industries can in special cases, grant a derogation from this deadline.
(2). Request for payment of the first instalment, see. (1). 1, must be accompanied by a progress report containing a description of the activities so far undertaken in connection with the project.
Chapter 10 section 22 obligation. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be satisfied, upon request, declare to the Food Profession about whether conditions for the grants continue to be met.
(2). Undertaking gardens is in the whole period in which the conditions for grants must be fulfilled, committed to without undue delay in writing to give the Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 23.
Chapter 11 cancellation of commitments and repayment of grants section 23. The commitment of grant shall lapse if 1) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision, 2) undertaking gardens overrides his duties after rural section 11 (2), (3)) the undertaking does not comply with his obligation after Gardens section 22, 4) the project is not carried out in accordance with the undertaking, or 5) conditions for reimbursement are not met.
(2). In the cases referred to in paragraph 1 shall take the Food Business decision on repayment of grants. By statement of claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) fixed the reference rate plus. Interest allowance, however, is at least 50 us $.
(3). Food Profession cancels the easements, there are things like under section 11, if the project is not implemented.
Chapter 12 Force majeure § 24. Food Profession recognizes the following events as force majeure: 1) Expropriation, if any such expropriation could not be foreseen at the time of the undertaking's receipt of the undertaking.
2) A severe natural disaster substantially affects areas within the project area.
(2). It is a condition for the recognition of force majeure in the case that the instances of events prevents fulfilment of the obligations arising, in respect of which invoked force majeure, and that undertaking is not without disproportionate opofrelser Gardens could have secured themselves against this.
(3). Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.
§ 25. If undertaking gardens wants to invoke force majeure, it shall be communicated to the Food Industries in writing within 10 working days after the date on which the undertaking gardens is able to do it. the communication must be accompanied by adequate documentation.
Chapter 13 appeal section 26. Decisions taken by the Food Profession by virtue of this Ordinance, may be appealed to the Minister of food, agriculture and fisheries.
(2). The complaint must be submitted through the Food Profession. The complaint must be received no later than 4 weeks in the Food Business after receipt of the decision, the appeal relates.
(3). Food Business shall obtain an opinion from the forest and nature Agency in connection with complaints against decisions taken on the recommendation of the Danish forest and nature Agency.
(4). Food Business can reopen a case after the complaint has been lodged.
Chapter 14 the date of entry into force of § 27. The notice shall enter into force on 5 March. August 2010.

Food Industries, the 30. July 2010 his S. C/Lars Hansen