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Decree On Subsidies For Municipal Wetland Projects

Original Language Title: Bekendtgørelse om tilskud til kommunale vådområdeprojekter

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Table of Contents

Chapter 1 Objects and content

Chapter 2 Definitions

Chapter 3 Administration

Chapter 4 Eligible projects

Chapter 5 Conditions for grants

Chapter 6 Eligible expenditure

Chapter 7 Amendment of the project

Chapter 8 Calculation of grants

Chapter 9 Payment of grants

Chapter 10 Notify obligations

Chapter 11 Wastes of assurance and repayment of grants

Chapter 12 Force majeure

Chapter 13 Appeal access

Chapter 14 Entry into force

Publication of grants to municipal wetland projects

In accordance with section 3, cf. § 2, nr. 4 (1) (e, 5, section 7, paragraph 7) 4, section 11, paragraph 1. 4, and section 13 (3). 1, in Law No 1. 316 of 31. March 2007, on rural development (rural areas), shall be determined by the authority and in agreement with the Minister for the Environment :

Chapter 1

Objects and content

§ 1. The provisions of this notice shall relate to grants to municipal wetland projects.

Paragraph 2. The aim of the scheme is to improve the aquatic environment and nature by reducing the nitrogen strain as stipulate in the state water-landing plans for each water-landing country.

§ 2. Food business may, within the appropriation framework, provide

1) pledges for inquiries,

2) pledges intended for installations of wetlands ; and

3) reserving a financial framework for the application projects covered by No 1 ; 2 under one or more of the following instruments :

a) The purchase of project terms in accordance with Law No 535 of 24. June 2005 on land distribution and public purchase and sale of real estate to land use and so on. (Earthling law).

b) Earthling in accordance with the Grounders Act.

c) Commitments of support for the maintenance of wetlands on the basis of the Food Safety Notice concerning the grant of aid to wetlands.

Paragraph 2. Commitment of grants may be given to project managers.

Chapter 2

Definitions

§ 3. In the case of water countries, the notice shall mean the water-landing countries identified for the wetback effort in the state water plans published or adopted by the Environment Minister or in the subsequent municipal action plans.

Paragraph 2. Studies shall be understood in the notice of this publication that are carried out prior to installations of wetlands and which enable an assessment of whether a project can be carried out. Surveys may include real-estate and technical matters.

Paragraph 3. Property studies shall include in this notice studies which describe the premises, including ownership, location, operating form, lodowner connection, land price and the replacements of the participants, including the need for replacement land.

Paragraph 4. Technical inquiries shall comprise in this notice studies which describe technical and biological conditions of importance for the installation of wetlands, including soil conditions, topography, flora and fauna, as well as describing how a project can contribute to the promotion of the purpose of this scheme.

Paragraph 5. The project manager means the municipality chosen by a water-party group to be responsible for the implementation of a municipal river basin management project in the water country of which the steering group is set up, including for the part of : the project covering areas located outside the geographical area of the project's responsible municipality.

Chapter 3

Administration

Authorities and controls

§ 4. The Food Industry shall take a decision after this notice.

Paragraph 2. The Authority shall carry out checks in connection with the administration following this notice. Inspecting visits as part of the administrative checks shall be carried out by the Food Erstice or the Authority of the Food Authority.

Paragraph 3. The Directorate shall be responsible for the physical checks and subsequent accounting checks in accordance with the notice of the duties and powers of the Plant Agency.

Stk.4. The Food Services and Plantedirectorate may, where necessary, seek to obtain information from other authorities as necessary in accordance with the rural area's section 12.

Applications for grants and decisions

§ 5. Applications for grants must be submitted to the Food Service by the Forest and Wildlife Board in a special application form, obtained via the Home Office or via the Home Office, www.vandprojekter.dk.

Paragraph 2. Forest and Natural Management shall sign the claim of the application and may, in connection with this, permit the implementation of the project.

Paragraph 3. The Food Service shall decide on an undertaking ' s consent or refused on the grant of grants by the Forest and Wildlife Board, cf. § § 7 and 8. In the case of the food industry, the amount shall be provided for the amount of grants for which grants are committed.

§ 6. If the tilashshaver wishes to make a reservation for an economic framework under one or more of them in section 2 (2). 1, no. The implementation of a project for the implementation of a project for assistance in the area of wetlands shall be submitted, at the same time, with an application for financial aid for the facilities of wetlands.

Paragraph 2. For projects covered by pledges to support installations for wetlands, the Food Authority reserves an economic framework, as mentioned in section 2 (2). 1, no. 3 if requested.

Chapter 4

Eligible projects

Studies

§ 7. Deposits for inquiries can only be granted to projects that meet the criteria set out in section 3 of the Ministry of the Ministry for the Environment, Public Health and Consumer Protection. 853 of 30. June 2010 on criteria for the assessment of municipal wetland projects.

Installations of wetlands

§ 8. Deposits to installations of wetlands can only be granted to projects that meet the criteria set out in section 4 of the Ministry of the Ministry for the Environment, Public Health and Consumer Protection. 853 of 30. June 2010 on criteria for the assessment of municipal wetland projects.

Chapter 5

Conditions for grants

Studies

§ 9. It is a condition of supplements for inquiries,

1) that the inquiries are concluded before a date fixed in the case of the Food Erstice and which may be amended in accordance with the request of the Committee, as defined in the application of the said application. § 15,

2) the attributable to the saver shall submit a payment request to the auditor, the auditor declaration, the examination reports and the opinion on the execution of the Food Erstice in time, cf. 20, no. 3,

3) the payment requests made with the original accounting documents are kept available for at least five years from the date of the final payment of grants, and

4) the applicant shall provide the information, the Food Services and the Forest and Wildlife Management Board, for the purposes of applying the proceedings.

Installations of wetlands

§ 10. It is a condition of aid for the facilities of wetlands,

1) that the necessary authorisations from public authorities are obtained ;

2) that the project will be completed before a date fixed by the Food Erstice, and which may be amended in accordance with the request of the Committee, in accordance with the application of the project. § 15,

3) the tiller holder shall submit a request for final payment, auditor declaration, final design report and its opinion on the execution of the Food Erstice, cf. Section 21 (1). 1, no. 2 and 3,

4) the project is maintained for a period of not less than five years from the date of completion of the project by the project ;

5) the payment requests made with the original accounting documents are kept available for at least five years from the date of the final payment of grants, and

6) the applicant shall provide the information, the Food Services and the Forest and Wildlife Management Board, for the purposes of applying the proceedings.

§ 11. It is also a condition of grants for the facilities of wetlands to ensure that the saver shaver ensures that they are provided for in paragraph 1. 2 the provisions laid down and any provisions pursuant to section 12 shall be such as servitut in all properties with areas within the project area. In the tissues, the Food Safety Authority shall be listed as the subject of a claim.

Paragraph 2. Following the implementation of the project, areas within the project area must be permanently in the wetlands area and maintained as grass or naturai. However, deforestation established prior to submission of applications for grants may be maintained but cannot be covered by the consent of grants under the notice of the Food Safety Notice of the Supplements to hold up wetlands. In addition, for areas within the project area, the following shall apply :

1) The areas must not be used for the establishment of forest or energy, low or subpoenas.

2) The areas may not be used for the cultivation of crops, including not used for seed production and for the cultivation of energy crops, ornamental growers, ornamental trim and Christmas trees, without prejudice to the fact that grass and other plant growth on the areas can be used for the purposes of : shall be used for grazing, sleigh, plumbing, or similar.

3) The areas must not be used for plant protection products. In exceptional cases, the prohibition may be dispensers from the ban on the supply of plant protection products.

4) The areas must not be applied fertilisers, except for the manure being left out of the grassroots livestock.

5) The areas must not be added to soil improvers.

6) The areas must not be reconsidered.

7) There must be no forfeit of the areas. Minerals are not regarded as feed. In exceptional cases, the prohibition may be dispensers from the ban on the adjecting of the areas.

8) Activities as owners and tenants entrepreneur or permitting to the part of the areas located more than 5 metres from open stream, lakes more than 100 m² and coastlines shall be carried out in a manner that does not involve erosion of the aforementioned parts of the areas. The distance shall be taken into account from the top edge of the water or the lake or, as far as coastal lines are concerned, from the normal peak water line of the year. In specific cases, the food industry may dispense with the provision in 1. Act.

9) The inspection authority shall have access to the project area in the field of checks.

10) There must be access to the project area necessary in order to meet conditions for the maintenance of installations.

11) The nature and state of nature forming as a result of the provisions that are being set out under this notice are not covered by the derogation (1-year rule) in section 2 (2). 1 and 3, in the notice. 1172 of 20. In November 2006, on protected natural habitats or subsequent provisions, which had to be dissolved.

12) The Authority shall have access to the outdoor areas in the project area in the context of measurements of the effects of the project on the aquatic environment and nature, including the taking of soil and water samples.

Paragraph 3. Biodynamic preparations to be applied to agricultural holdings approved by the Demeteries shall not be considered as plant protection products, fertilizers or soil improvers.

§ 12. In the case of the case of the FDA, the obligation to provide information on the public cofinancing of the project and publicised information about the project on the webpage ' s home page or in relevant information shall be determined by the Food Business Authority. journals, journals, or similar.

Paragraph 2. In accordance with the opinion of the Forest and Wildlife Authority, the Management Board may lay down additional conditions in the case, including the provision of services for the project area, including provisions relating to the irrigation conditions, maintenance of the plant and the plant deck. However, no condition may be provided that the areas of the projects may not be taken in the project area.

Chapter 6

Eligible expenditure

Studies

§ 13. Offer to inquiries may include :

1) the cost of the purchase of the purchasers of equipment directly related to the project of inquiry,

2) the costs of pay to staff employed in the project, provided that these costs are not normally financed by public institutions, public undertakings or local authorities ;

3) costs of information and meetings ;

4) expenditure on consultancy services.

Paragraph 2. In accordance with the application of the request, the food industry may authorize expenditure other than those referred to in 1 listed as eligible. It is a condition of approval that the Food Occupation estimates that the costs are of major importance for the implementation of the project.

Paragraph 3. Offorts to inquiries may not include :

1) the expenditure incurred by the saver before the Forest and Wildlife Board has granted authorisation to implement the project, cf. Section 5 (5). 2, however, where such authorisation is not provided for the expenditure incurred by the tilaves prior to a grant of a grant ;

2) expenditure relating to activities which are required to carry out the activities of the undertaking or owner of the area in the project area under other legislation ;

3) expenditure on which public aid or support is provided under other legislation ;

4) VAT unless this final beaker is finally worn by the saver shaver,

5) expenditure on research and technological development ;

6) financial and monetary institutional costs ; and

7) expenditure for the purchase, rental and leasing of used equipment and used equipment.

Installations of wetlands

§ 14. Oranges for installations of wetlands may include :

1) costs of investigations,

2) costs for the purchase of goods and services, including consultancy and developer services for the use of design ;

3) cost of works,

4) costs of the use of own machines and similar,

5) the costs of pay to staff employed in the project, provided that these costs are not normally financed by public institutions, public undertakings or local authorities ;

6) rent-related expenses for the purchase of equipment directly related to the project,

7) costs of information and meetings ;

8) expenditure on the provision of wetspace declaration, cf. § 11.

Paragraph 2. The assessment of expenditure by using own machines and similar operations shall be based on the relevant local machinery stations and contractors and shall be approved by the Food Industry.

Paragraph 3. In accordance with the application of the request, the food industry may authorize expenditure other than those referred to in 1 listed as eligible. It is a condition of approval that the Food Occupation estimates that the costs are of major importance for the implementation of the project.

Paragraph 4. Advance to installations of wetlands may not include :

1) the expenditure incurred by the saver before the Forest and Wildlife Board has granted authorisation to implement the project, cf. Section 5 (5). However, 2, where such authorisation is not provided for the expenditure incurred by the tilaves prior to a grant of grants.

2) expenditure relating to activities such as the holder or an owner or tenant, of the areas of the project area, are required to implement in accordance with other legislation ;

3) expenditure on which public aid or support is provided under other legislation ;

4) VAT unless this final beaker is finally worn by the saver shaver,

5) expenditure on research and technological development ;

6) financial and monetary institutional costs,

7) expenditure on purchases, renting and leasing of used equipment and used equipment ; and

8) expenditure relating to land works on bulkheads and areas covered by the obligation to preserve the laws of peace.

Chapter 7

Amendment of the project

§ 15. Amendment of a project may be approved by the Food Services by the Forestry and Wildlife recommendation. The application for a change to a project must be approved before the change is started.

Paragraph 2. Application for paragraph 1 1 shall be submitted to the Food Services by the Forest and Wildlife Board on a special schema, obtained through the Home Office or by the Home Office, www.vandprojekter.dk, and shall decide on the basis of the Forestry and Wildlife Board.

Paragraph 3. The amount of the amount may not be increased in connection with changes to the project.

§ 16. In accordance with the application of the Committee, the Food Authority may permit another undertaking to be a grant of the grant, in accordance with section 2, in a commitment to grants. The entry into the defendant shall enter into rights and obligations in accordance with the case.

Paragraph 2. Application for paragraph 1 1 shall be submitted to the Food Services by the Forest and Wildlife Board on a special schema, obtained through the Home Office or by the Home Office, www.vandprojekter.dk, and shall decide on the basis of the Forestry and Wildlife Board.

Chapter 8

Calculation of grants

§ 17. Deposits for inquiries shall be granted up to 100%. for the eligible expenditure. Eligible expenditure may only include expenditure necessary for the implementation of the project.

§ 18. Deposits for installations of wetlands shall be granted up to 100%. for the eligible expenditure. Eligible expenditure may only include expenditure necessary for the implementation of the project.

Chapter 9

Payment of grants

§ 19. The payment of grants shall be made on the basis of the project's responsibility for the payment of eligible project expenses to be substantiated. Applications for payment of grants shall be submitted to the Food Industry on a special schedule and shall be accompanied by a statement issued by a state sautorised or registered auditor. The schema and form for declaration is obtained via the Food Business Homepage or www.vandprojekter.dk.

Paragraph 2. The subsidy is transferred to the tilsagnshavers NemKonto.

20. The following shall also apply to payment of subsidies to inquiries :

1) Deposits shall be paid as a total payment after the completion of the investigations.

2) The request for payment shall be accompanied by a statement by the Forest and Natural Management Board that the inquiries have been carried out in accordance with the content of the defendant.

3) The payment request, audit declaration, examination reports and its opinion on implementation shall be received in Food Erstice within six months of the date of completion of the investigations. In exceptional cases, a derogation from this period may be granted by the Food Authority.

§ 21. In addition, for the payment of grants to the wetlands facilities, the following shall also apply :

1) Deposits to installations of wetlands may be paid in two instalments. 50%. may be paid when half of the project expenditure has been paid and 50%. may be paid when the project is finally finished.

2) The application for an end payment shall be accompanied by a statement by the Forest and Wildlife Board that the project has been carried out in accordance with the content of the defendant and the final design report, which explains the activities carried out in : a connection with the project, and explains how the information requirement is met, cf. § 12, paragraph 1. 1.

3) A request for the final payment, audit declaration, project report, and its opinion on implementation shall be received in the Food Industry within six months of the completion of the project. In exceptional cases, a derogation from this period may be granted by the Food Authority.

Paragraph 2. A request for payment of the first installment, cf. paragraph 1, no. 1, must be attached to a progress report containing a description of the activities that have been carried out so far in the context of the project.

Chapter 10

Notify obligations

§ 22. The onset of Tilsagnis shall, throughout the period, where the conditions for grants must be fulfilled, submit a declaration to the Authority on whether the conditions for grants are still to be met.

Paragraph 2. Underlying shall be granted throughout the period in which the conditions of grant may be fulfilled without undue delay in writing to give the Food Erstice notice of circumstances which may result in a withdrawal of a commitment to grant or repayment ; Supplements after section 23.

Chapter 11

Wastes of assurance and repayment of grants

-23. Granltale of supplements will lapse if :

1) the tilt shall have provided false or misleading information or have kept information of significance for the decision of the case,

2) tillies shall override his duties according to section 11 (4) of the rural area. 2,

3) the tilt shall not comply with its notification obligation after section 22,

4) the project is not carried out in accordance with the case, or

5) the conditions of grants are not met.

Paragraph 2. In the paragraphs in paragraph 1. 1 in the case of cases, the Food Decision shall decide on the refund of grants. The interest shall be added to the payment of the payment claims. The interest rate supplement shall be calculated from the time the payment is made of the refund for reimbursement, and in the interest rate of late payment, etc. (Interest) provided for the reference rate provided for in addition. However, the interest rates shall be at least 50 kr.

Paragraph 3. The Food Service is cancelting the servitans that are tingt in accordance with section 11 if the project is not implemented.

Chapter 12

Force majeure

§ 24. The following events as force majeure are recognized by the Food Business :

1) Expropriation if such expropriation could not be foreseen at the time of the receipt of the attributed to the case.

2) A serious natural disaster, which is essential to areas within the project area.

Paragraph 2. It is a condition of the recognition of force majeure, in specific cases, that the events impede the fulfilment of the obligations under which force majeure is invoked and that the tilt does not, without the disproportionate nature, ophes could have secured the opposition.

Paragraph 3. In exceptional cases, food business may recognise other events such as force majeure than those referred to in paragraph 1. 1.

§ 25. If the worshier wishes to invoke force majeure, it shall be notified to the Food Erstice within 10 working days of the date when the Saver Shaver is able to do so. The notification shall be accompanied by adequate documentation material.

Chapter 13

Appeal access

SECTION 26. Decisions made by the Food Industry pursuant to this notice may be subject to the minister of food, agriculture and fisheries.

Paragraph 2. The appeal shall be lodged through the Food Industry and shall be received in Food Erstice within four weeks of receipt of the decision to which the complaint relates.

Paragraph 3. In the case of complaints against decisions taken by the Forest and Wildlife Board, a statement by the Forest and Wildlife shall be obtained by the Forest and Wildlife Authority.

Paragraph 4. Food business may resume a case after a complaint has been lodged.

Chapter 14

Entry into force

§ 27. The announcement shall enter into force on 5. August 2010.

Food business, the 30. July 2010

Hans ' S. Christensen

/ Lars Hansen