Notice On Provision Of Functions And Powers To The Forest And Nature Agency

Original Language Title: Bekendtgørelse om henlæggelse af opgaver og beføjelser til Skov- og Naturstyrelsen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132572

Overview (table of contents) Chapter 1 the forest and nature agency tasks Chapter 2 the Danish forest and nature agency administrative powers Chapter 4 Complaint, entry into force, etc., The full text of the Executive order on classification tasks and powers to the forest and nature Agency pursuant to §§ 43 and 61 of the law on forests, see. lovbekendtgørelse nr. 945 of 24. September 2009, § 6 of the law on the Disposal, without prejudice to article Domaineeiendommes. lovbekendtgørelse nr. 788 of 21. June 2007, section 70 of the Act on nature protection, see. lovbekendtgørelse nr. 933 of 24. September 2009, § 49, paragraphs 1 and 3, of the law on hunting and wildlife management, see. lovbekendtgørelse nr. 930 of 24. September 2009, sections 15 and 17 of the law on the Skjern Å Nature project, see. lovbekendtgørelse nr. 812 of 21. June 2007, section 14 (a) of the law on ochre, see. lovbekendtgørelse nr. 934 of 24. September 2009, section 78 of the Act on streams, see. lovbekendtgørelse nr. 927 of 24. September 2009, § 27 of the lov nr. 533 of 6. June 2007 on national parks and section 48 of the Act on the protection of the outer Cook for tøndermarsken, see. lovbekendtgørelse nr. 928 of 24. September 2009, fixed: Chapter 1 the forest and nature agency tasks § 1. The forest and nature Agency carries out the management of the State skovbruget and tasks in relation to the Environment of the Ministry of land management.
§ 2. The forest and nature Agency carries out the administration of the law on forests, lov om Domaineeiendommes divestment law on hunting and wildlife management, law on the Skjern Å Nature project, law on ochre, law on national parks, law on the protection of the outer Cook for tøndermarsken and law on nature protection, f.s.v. regards nature management, public access to nature and protection of plant and animal species.
§ 3. The forest and nature agency determines individual cases and draw up guides, prepare and issue general regulations and individual cases, etc., to be submitted to the Minister of the environment.
(2). The forest and nature Agency shall draw up proposals for the creation of national parks.
(3). The forest and nature Agency collects, processes and disseminates information and participates in the experimental and investigative activities in the areas of legislation, referred to in § 2.
§ 4. The forest and nature Agency shall exercise the powers which may be exercised by the Ministry under the easements, agreements, fundatser, etc., and which is drawn up in accordance with skovloven or in connection with this Act.
§ 5. The forest and nature Agency carries out the monitoring and care tasks concerning the Environment Ministry's wildlife habitats and dune land landforms after Environment Minister quantification.
§ 6. The forest and nature Agency carries out tasks relating to emerging Islands territorial waters.
§ 7. The forest and nature Agency shall fulfil the secretariat functions for the Council, Natural Forest Management Committee and game management Council.
§ 8. The forest and nature Agency is providing technical advice and other assistance to the Minister for the environment and other Central and local authorities.
§ 9. The forest and nature Agency carries out guidance and information activities of other Central and local authorities as well as private.
§ 10. The forest and nature Agency carries out the EU matters and international matters within the Agency's area.
§ 11. The forest and nature agency may, in accordance with the Environment Minister's determination get assigned other duties and powers in connection with the administration of the legislation, under the purview of the Ministry.
Chapter 2 the Danish forest and nature agency administrative powers Act on Forests (lovbekendtgørelse nr. 945 of 24 september 2009) § 12. The following functions and powers in accordance with skovloven shall be exercised by the forest and nature Agency: 1) Decide on an area covered by section 3 (1) (8). 3; § 3, paragraph 2.
2) Receive information about the State, municipalities and State Church has acquired or established forest, or forest has arrived on land owned by them; section 3, paragraph 6.
3) decide that an area will be fredskovs liable; § 4.
4) decide to fredskovs duty is repealed; § 6.
5) decide to majoratsbåndet should be repealed, that area will then be recorded as fredskovs only in the land, and that coherent land then must form a stable overall property in accordance with law on separation and other registration in the land register; section 7, paragraph 2.
6) approve the appearance and location of work sheds, mentioned in section 11 (2). 1; section 11, paragraph 3.
7) may decide that in the first 10 years after a change of ownership only on specified terms and conditions must be made in commercial harvesting; § 13.
8) produce the Natura 2000 forest plans for the forested areas in the fredskovs, responsible for providing international nature protection areas; § 14.
9) Make the mapping of the location and the conservation status of natural habitats and habitats of species; section 15 (1).
10) fix the objectives which are necessary to ensure or restore, at favourable conservation status, natural habitats and species, and the measures which are necessary in order to achieve the objectives of Natura 2000 forest plans; section 15, paragraph 2.
11) Revise the Natura 2000 forest plans; section 16, paragraph 2.
12) Change a Natura 2000-forest plan, if it proves necessary in order to meet the commitments under the EC habitats directive; section 16 (3).
13) receive notification in accordance with article 17, paragraph 1, before the implementation of activities included in annex 1, and assess the impact on the area; section 17, paragraph 1.
14) take a decision to carry out a detailed evaluation of the notifications received pursuant to section 17, paragraph 1; section 17, paragraph 3.
15) conclude an agreement with the owner or user of a property in an international nature conservation area of operation or other measures with a view to achieving the conservation objectives of Natura 2000 forest plan as well as to amend the agreement; § 18.
16) impose on the owner of a property in or outside the international nature protection areas a particular operation; § § 19 – 21.
17) Expropriate property; § 23.
18) decide on compensation and determine compensation according to the rules of protection of nature; § 24.
19) register other naturalistic particularly valuable forests than those covered by the mapping under section 15; Article 25, paragraph 1.
20) conclude agreements with owners on the basis of the registration under section 25 (1) or the mapping under section 15; Article 25, paragraph 2.
21) Record deserving of oak brushwoods and conclude agreements with the owner to ensure their conservation; section 26.
22) provide grants on forest area; Article 29, paragraph 1.
23) promise grants in addition to the financial year and determine whether grants to be paid in advance or a conto; section 29, paragraph 3.
24) Announce to the Board of Directors of Produktionsafgifts Fund notices; section 32 (3).
25) Conduct counselling, guidance and information activities; section 36 (1) and (2).
26) undertake research and development of forestry professional issues of importance to the administration of the Act; section 36, paragraph 3.
27) to adjust the boundaries of areas that are noted as fredskovs persons; section 37.
28 may grant derogations from the provisions of § 8), § 9, nr. 1 and 2, section 10, no. 4, section 11, paragraph 1, and articles 12 and 26-28; section 38.
29) fix conditions for decisions in accordance with sections 4 and 6, section 7, paragraph 2, and § § 19 – 21, 29 and 38; § 39, paragraph 1.
30) let the terms of lasting nature things bright on the property owner's behalf; section 40 (1).
31) Letting agreements concluded in accordance with §§ 18, 25 and 26, and decisions taken pursuant to §§ 19-21, bright thing on the property; section 40 (3).
32) ensure that fredskovs obliged and amendments thereto shall be registered in the land register; section 41 (1).
33) obtain information from a public register of any change of forest and fredskovs responsible for providing land; § 44.
34) Exercising supervisory authority; section 48.
35) Access to public and private property without a court order land to exercise the powers conferred on the Agency, including to carry out studies on the impact of the Act's purposes; section 49, paragraph 1.
36) Access to buildings without a court order, in whole or in part be exploited commercially in order to exercise supervision on the properties, which are granted subsidies; section 49 (2).
37) obtain information on forest properties; § 50, nr. 1.38) ensure that irregular situation regularized, give orders and things bright and cancel orders; section 51, paragraph 1 – 4.
39) Allow the necessary work to correct conditions ordered by the judgment; section 52, paragraph 2.
40) Let the necessary work to correct an illegal relationship that brings the protected areas or animals and plants in danger; § 53.
41) identify the trees that are cut down and must take private forest in operation, if it is determined by the dom as a result of non-fulfillment of orders; section 54 (1). 1 and 2.
42) Exercising supervisory authority in connection with the payment of grants and receive notification if the conditions for receiving grants are not met; section 56 (1) and (2).
43) decide that the commitment to grant in whole or in part must be canceled or paid shall be refunded; section 57, paragraph 1.
44) provide that up to 20% of the paid amount of the grant or the whole of the amount of the grant can be used to set-off any arrears of the recipient to the public; section 57 (2).
45) ensure that obligations in accordance with section 59 c, paragraphs 1 and 2 are met, although there is not yet a decision according to § 59 f; section 59 c, paragraph 3.
46) Inform the person in charge of the operation ordered to provide the information relevant for assessing whether there has been environmental damage or an imminent threat of environmental damage. Including to order the person in charge of the operation at its own expense, to carry out investigations, analyses, measurement of substances and the like in order to clarify the cause and effect of a place found on the effect of nature or the environment; section 59 d 47) Announce the availability of the property, which has ordered to tolerate, that studies etc. carried out by the person responsible for the operation, if the person responsible for the operation does not have the availability of the property; paragraph 59 (e), paragraph 2.
48) take a 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 and publish the decision; paragraph 59 (f), paragraphs 1 and 2.
49) decide on the existence of an environmental damage, which affects or may affect another EU-country, notwithstanding that no paragraph 59 (f) can be decided on who is responsible for environmental damage; section 59 g.
50) take a decision according to § 59 f or section 59 g on request from a complaint justified after section 62 (1). 2, or (2). 1 and 2; § 59 in (1).
51) refuse to decide whether there has been an environmental damage or an imminent threat of environmental damage, if the request is not accompanied by the information referred to in section 59 in (2); § 59 in (3).
52) decide on things brightened declarations about the conservation of individual trees and lots of forest; section 70 (3).
53) Decide on an area covered by section 72, paragraph 1, on Oak brushwoods, there existed the 1. July 1989; section 72, paragraph 2.
Lov om Domaineeiendommes Disposal (lovbekendtgørelse nr. 788 of June 21, 2007) section 13. The following functions and powers according to law on Domaineeiendommes Sale is exercised by the forest and nature Agency: 1) Sell Street lands; § 5.
The law on nature protection (lovbekendtgørelse nr. 933 of 24 september 2009) § 14. The following functions and powers in accordance with the protection exercised by the forest and nature Agency: 1) draw up management plans and undertake other initiatives, including grants, with a view to the conservation of the species or stocks of those listed in annex 3 to this law; section 29 (b).
2) implement conservation measures for the species referred to in annex 3 to this law; section 30 (2).
3) put in place the measures necessary to ensure that the taking in the wild of specimens of the wild animal and plant species, which are listed in annex 4 to the law, and their exploitation is compatible with the need to preserve these species; section 30, paragraph 3.
4) allow animals that do not occur naturally wild in Denmark, are released into the wild; section 31 (1).
5) examine the appropriateness of reintroducing the animal and plant species listed in annex 3 and 5 to the law; section 31, paragraph 2.
6) Give permission to rørskær; section 32.
7) put in place the measures necessary to dampen the sand drift on the dune protected areas; section 53 (1).
8) Give orders to a landowner on at its own expense, to carry out the measures necessary to dampen the sand drift on land which is not dune protected, as well as ordering the restrictions in the owner's use of the land; section 53 (2).
9) Let perform noise reduction works for the owner's behalf; section 53 (3).
10) decide on the mitigation work, including allowing the owner to perform attenuation, section 53 (4).
11) Acquire and hold immovable property operating and capital expenditures on acquired properties; section 55 (1) (8). 1.12) granting loans for the acquisition of immovable property, as well as provide loans and grants for the preservation, care and restoration of natural areas and to improve the possibilities for outdoor living; section 55 (1) (8). 2 and 3.
13) sell real estate; section 55, paragraph 2.
14) Decide cases relating to compensation for damage as a result of an agreed public access to private property and withdraw if necessary. compensation; section 55, paragraph 4.
15) Receive gifts for the fulfilment of the Act's purposes; section 56 (2).
16) decide on imposition of a purchase option for the State; section 57, paragraph 1.
17) perform functions in the exercise of the right of first refusal for the State; section 57 (2) and section 59.
18) Decide the expropriation of immovable property; section 60, paragraph 1.
19) perform functions by expropriation of immovable property; section 60, paragraph 4.
20) Conduct counselling, guidance and information activities; section 63 (1).
21) Announce a derogation from the prohibition in section 29 (a); § 65, paragraph 6.
22) Mark dune preservation line; paragraph 69 (a), paragraph 5.
23) take appropriate measures to protect, maintain or restore sufficient diversity and area of habitats for wild bird species; section 71, paragraph 6.
24) Ensure that the rules laid down in Chapter 5 of the law on the protection of plant and animal species, etc.; section 73 (2).
25) Access to public and private property without a court order in order to exercise the powers conferred on the Agency by virtue of the nature protection legislation, including conducting studies relevant to the Act's purposes. Similarly, sites, in whole or in part is used in the course of trade; § 76.
26) Receive a decision in cases where the local authority is the supervisory authority, on the existence of an environmental damage or an imminent threat of environmental damage, and the material that has been reached in the assessment of the case; section 77 g, paragraph 1.
27) Determine how treatment with animals and plants, including parts and derivatives thereof, that are confiscated in connection with violation of law or regulations issued under the law; section 90.
28) Give the order for costs of storing and transport back to their country of origin or the consignor country of wild animals or plants, or derivatives thereof, that are introduced in contravention of regulations issued under section 30 of the Act; section 91.
Law on hunting and wildlife management (lovbekendtgørelse nr. 930 of 24 september 2009) § 15. The following functions and powers in accordance with the hunting and game administration is exercised by the forest and nature Agency: 1) Allow labelling of wild game; § 9.
2) implement conservation measures for the mammals, which are mentioned in annex 1 of the law; § 9a, paragraph 1.
3) put in place the measures necessary to ensure that the taking in the wild of specimens of the mammals, which are mentioned in annex 2 of the Act, and their exploitation is compatible with the need to preserve these species; § 9a, paragraph 2.
4) Establishing an advisory system, advising on the protection of the mammals, which are mentioned in annex 1 of the Act; section 9 (a), paragraph 4.
5) provide grants for the promotion of the interests which the law seeks to protect; § 12.
6) care for the publication and registration of the rules of the game reserves; section 33, paragraph 3.
7) fix the compensation to the owners and users of buildings covered by a wildlife sanctuary, as well as cause that awarded compensation paid; § 34.
8) Determine whether, in connection with the abandonment of a wildlife sanctuary to be paid an amount to the State, as well as fix the amount; section 36 (2).
9) Impose a landowner to carry out measures to address the considerations referred to in section 37 of the Act, as well as, where appropriate, carry out the measure; section 38.
10) Involve hunting license, if it is deemed that the person concerned no longer satisfies the conditions laid down in accordance with article 40, paragraph 1, no. 3; section 42 (1).
11) determine whether the recovery of the hunting license shall be conditioned by new hunting or rifle test; section 42, paragraph 2.
12) derogate from the provisions of article 4, paragraph 1, article 18, paragraphs 1 and 2, article 19, paragraph 2, article 23, paragraphs 1 and 3, § 24, § 26, section 28 and section 30, paragraph 1; section 46 (1).
13) derogate from the provisions of section 6 (a), paragraphs 1 and 2, article 7, paragraphs 1 and 2, section 8 and section 25; section 46 (2).
14) in exceptional cases derogate from section 25 of the Act for reasons other than those specified in article 46, paragraph 2; section 46, paragraph 4.
15) ensure compliance with the law and regulations issued under the law in force; section 47, paragraph 1.
16) ensure that prohibitions and injunctions are met, and that the conditions for authorisation are complied with; section 47 (2).
17) Cause irregular situation legalised; section 47, paragraph 3.
18) Cause notices for rectification of illegal things like and, when the ratio is corrected, cancel the order of the land register; section 48 (2).
19) carry out necessary measures to rectify the conditions ordered by the judgment; section 48 (3).
20) Access to public and private property without a court order in order to exercise the powers conferred on the Agency by virtue of the hunting and wildlife management legislation; § 50.
21) take appropriate measures to protect, maintain or restore sufficient diversity and area of habitats for wild bird species; section 52, paragraph 5.
22) ensure that obligations in accordance with § 53 c, paragraphs 1 and 2 are met, although that has not yet taken a decision in accordance with section 53 f; § 53 c, paragraph 3.
23) Require the person in charge of the operation to provide the information relevant for assessing whether there has been environmental damage or an imminent threat of environmental damage. Including to order the person in charge of the operation at its own expense, to carry out investigations, analyses, measurement of substances and the like in order to clarify the cause and effect of a place found the influence of nature, or the environment; § 53 (d).
24) Announce the availability of the property, which has ordered to tolerate, that studies etc. carried out by the person responsible for the operation, if the person responsible for the operation does not have the availability of the property; section 53 e, paragraph 2.
25) take a 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 and publish the decision; § 53 (f), paragraphs 1 and 2.
26) decide on the existence of an environmental damage, which affects or may affect another EU-country, notwithstanding that no section 53 f can be decided about who is responsible for environmental damage; section 53 g.
27) Take a decision in accordance with section 53 f or § 53 (g) at the request of a complaint justified according to § 53 k (1) (8). 2-5; section 53 in (1).
28) refuse to decide whether there has been an environmental damage or an imminent threat of environmental damage, if the request is not accompanied by the information referred to in section 53 of the Act in paragraph 2; section 53 in (3).
Law on the Skjern Å Nature project (lovbekendtgørelse nr. 812 of 21 June 2007) § 16. The following functions and powers in accordance with the Skjern Å-the law is exercised by the forest and nature Agency: 1) Ensure compliance with article 11, paragraph 1, article 12, paragraph 1, article 13, paragraph 1, and rules issued under section 13, paragraph 2; § 15.
Law on ochre (lovbekendtgørelse nr. 934 of 24 september 2009) § 17. The following functions and powers according to law shall be exercised by ochre, the forest and nature Agency: 1) decide the cases in which the Municipal Council considers that provision should be made for conditions on ochre treatment plants, or that approval should be denied, as well as return the cases to the local authority for the purpose of this approval shall notify, if the Agency considers that approval should be granted without the establishment of ochre treatment plants; section 3, paragraph 3.
2) in special cases, grant refused approval for udgrøftning or drainage; section 4, paragraph 1.
3) Quiet conditions on full or partial repayment of the damages if a previously announced refusal to change; § 4 (5).
4) provide support and pay for the establishment and operation of ochre treatment installations and actions, studies, etc., on ochre pollution and damages in accordance with § 4; § 6.
5) lay down conditions for the granting of aid; section 7, paragraph 2.
6) in certain cases decide that a granted approval lapses that an announced commitments fully or partially lapse, and that aid must be repaid; § 8.
7) dealing with a complaint against the Municipal Board's authorisations in accordance with article 3, paragraph 2; section 13, paragraph 2.
Law on watercourses (lovbekendtgørelse nr. 927 of 24 september 2009) § 18. The following functions and powers according to law shall be exercised by the riverine forest and nature Agency: 1) provide grants for River restoration and lay down conditions; section 37 (a).
Law on national parks (Law No. 533 of 6 June 2007) section 19. The following functions and powers according to law on national parks shall be exercised by the forest and nature Agency: 1) publish and distribute the National Park proposal and fix the time-limit for objections; § 5.
2) Draft amendments to the proposal for national parks, publish these and fix the time limit for comments; § 6.
3) Assist the National Board with the preparation of rules of procedure; Article 12, paragraph 4.
4) take Over the land and enter into agreements relating to the operation; section 15 (1).
5) decide on marketing of national parks; section 26.
Law on the protection of the outer Cook for tøndermarsken (lovbekendtgørelse nr. 928 of 24 september 2009) § 20. The following functions and powers according to law shall be exercised by Marshal Tønder Danish forest and nature Agency, see. Executive Order No. 1007 by 11. October 2004:1) Defray the expenses pot by applied by the in article 24, paragraph 1, and article 25, those obligations; section 26, paragraph 1.
2) on the recommendation of the municipality approve budget and accounts for the in section 26, paragraph 1, the said expenditure; section 26 (2).
3) meet the costs of maintenance and operation of the installations listed, as referred to in section 31. section 35.
4) Receive Municipal Board's decision on the existence of an environmental damage or an imminent threat of environmental damage, and the material that has been reached in the assessment of the case; section 37 (h) (1).
5) responsible for guidance and information about the natural and cultural history in cooperation with the municipalities and other authorities concerned; § 46.
Chapter 4 Complaint, entry into force, etc.
§ 21. Decisions taken by the forest and nature Agency in accordance with paragraph § 12-20 cannot be appealed to the Minister. The decisions are final, unless it follows from the law, that decision can be appealed to the nature of complaints or Valuation the Commission.
§ 22. The Minister may determine that a decision in accordance with the notice falls within the forest and nature Agency, shall be taken by the Minister.
(2). The Minister may provide the Director of the Danish forest and nature agency instructions for the exercise of the functions and powers assigned to the forest and nature Agency.
§ 23. The notice shall enter into force on the 1. July 2010.
(2). Executive Order No. 1129 of 26. September 2007 on the provision for duties and powers to the forest and nature Agency is abolished.

The Ministry of the environment, the 24. June 2010 Inger Støjberg/Hans Henrik Christensen