Overview (table of contents) Chapter 1 Purpose, etc.
Chapter 2 Installation of the test center, etc.
Chapter 3 use of test area Chapter 4 Land acquisition, land expropriation, rental and sell-offs, loss of value, and green system Chapter 5 programmatic relationship Chapter 6 Relationship to other legislation Chapter 7 Delegation, etc.
Chapter 8 Chapter 9 entry into force and termination of Removal, etc.
Annex 1 The full text of the law on a test center for large wind turbines at Østerild WE MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law: Chapter 1 Purpose, etc.
§ 1. The law aims to establish a framework for the establishment and operation of a national test center for large wind turbines in an area by Østerild and Hjardemål dune plantations in Thisted Municipality.
(2). The test centre will create the opportunity to try out prototypes of new sea-and land-based wind turbines each with a total height of up to 250 m.
(3). Test Centre established within the area that is shown at Annex 1. The area consists of a protection zone, a wind field, a measuring area and a test area, see. Annex 1.
§ 2. Technical University of Denmark (the operator) is responsible for the construction and operation of test center.
(2). It must be indicated in the contracts that the users of the benches shall assume all the costs of mill construction and operation of test center.
(3). The Minister carries out the operation, including natural care, of the State-owned natural areas. In the test area shall be chaired natural care in collaboration with the operators.
(4). The Minister of the environment may, after negotiation with the Minister of science, technology and development lay down detailed rules concerning the Danish Technical University activities in accordance with this law.
Chapter 2 Installation of the test center, etc.
§ 3. Mill seats brought on a North-South line, see. Annex 1.
(2). In test and measurement area west of mill memberships can be places for measuring masts.
(3). In test and measurement area north and South of the line referred to in paragraph 1 may be established master to lysmarkering and two Meteorological masts.
(4). There may be brought before the trial sites for small wind turbines on the line referred to in paragraph 1 during the period leading up to the emergence of a need to test wind turbines each with a total height of up to 250 m.
§ 4. That brought road access to the test area, see. Annex 1. There may also be brought before the service roads and working areas.
(2). Working areas must not be used for work which involves the handling of oils, chemicals, paint and the like, except in the case of maintenance of wind turbines and buildings.
(3). In the test area may be a common area to be sealed so that there can be seepage to ground, which can be carried out repairs requiring the use of oil, chemicals, paint and the like, and where waste and rainwater collected in a closed tank.
§ 5. Roads and working areas, etc. be brought with plain bottom protection and with a topcoat of stable gravel.
§ 6. Buildings for visitor center, transformer substation, administration and storage, etc. and a parking area in conjunction with test centre can be entered within the locations that are shown at Annex 1. The Minister may require the buildings exterior design.
(2). Building height must not exceed 8.5 m.
(3). At the mill sites and places for measuring masts can be placed up to 20 m2 for sheds necessary installations.
(4). The Minister may permit derogations from paragraphs 1 and 2, if there is a functional justification.
§ 7. The authorization of 150 kV air cord between the transformer stations of Frøstrup and Nors and the authorization of 60 kV air cord between the transformer stations of Frøstrup and Hanstholm be in connection to the grid of test center remove the sections, which crosses the test-and measurement range, and take the necessary measures as a result.
(2). Documented additional costs incurred in the measures referred to in paragraph 1 shall be covered by Energinet.dk. Energinet.dk charge then additional costs with electricity consumers through UREnerginet.dk's tariffs.
§ 8. The Minister may decide that the forest and vegetation etc. in test area, in measurement range West of the test area and in the wind field should be cleared to the extent necessary for the establishment and operation of test center. Clearing can be done in stages. These areas can be excluded from the wooded areas.
(2). The clearing of forest in accordance with paragraph 1 shall be limited to 450 hectares in all, see. However, paragraph 3.
(3). If the assurance of compliance with the international standards for wind measurements so requires, the Minister may grant a derogation from paragraph 2, for the grubbing-up of further up to 100 ha. The total deforestation may not exceed 550 ha.
(4). The Minister of the environment must to replace forest is cleared in accordance with paragraph 1, to establish the liability of forest on federal and private land.
§ 9. The Minister carries out remedial action for the sake of breeding sites and resting places of the species listed in annex 3 to the law on nature protection as a result of the installation and operation of test center.
(2). The Minister carries out defensive measures to counteract that birds or species covered by Annex 3 to the Act on the protection of nature is disturbed with the detrimental effect of the species or stock. The Minister also conducts remedial measures for birds ' eggs and nests.
(3). The Minister carries out remedial action in the interests of nature conservation in General.
Chapter 3 use of test area section 10. Mill grounds can be used for deployment and testing of seven wind turbines each with a total height of up to 250 m. Which may also be drawn up and tested smaller wind turbines on the mill grounds, see. section 3, paragraph 4.
§ 11. Meteorology masts, lysmarkerings master and measure the master must be attached with a bardune ring and must each be up to 250 m high.
§ 12. The wind turbines and the master referred to in section 11, must be uniformly and may not be clarified or barrel of lighting in addition to short-term periods for testing purposes, or where the interests of flight safety so requires.
§ 13. Wind turbines under a do not give rise to more than 10 hours of real skyggetid yearly by surrounding residences.
§ 14. Flight with helicopter in testing, servicing or training and the like. may not take place 10 days a year in and around the test area.
Chapter 4 Land acquisition, land expropriation, rental and sell-offs, loss of value, and green scheme Expropriation and land acquisition section 15. The Minister may, for the purpose of the establishment and operation of test center acquire immovable property, including through the exchange of property and land consolidation.
(2). The Minister may expropriate immovable property in wind field and test and measurement area, when it is necessary for the establishment and operation of test centre, including the necessary construction, extension and modification of existing installations and necessary additional measures, including the right of access to a property in the measurement range to make technical measurements or to care for natural areas of consideration for the operation of the test center. Expropriation may also happen to the clearing of vegetation, without prejudice. § 8, paragraph 1.
(3). Expropriation is effected according to the rules laid down in the law on the procedure for expropriation of real estate.
(4). The owner of a residential property, which is located within the 1,500 m from the nearest mill place, may request the Minister to purchase the property at a cost equal to the public property valuation determined in accordance with the provisions of the law on the assessment of the country's immovable properties were deducted from the paid loss of value after §§ 17-20.
(5). Request for adoption may only take place if the owner has made demands for payment for loss of value, see. § 9, paragraph 3, of the law on the promotion of renewable energy and §§ 17-20, and if no agreement is reached on the value calculate, without prejudice. § 9, paragraph 6, of the law on the promotion of renewable energy. The request must be filed with the Minister, not later than 4 weeks after the valuation authority has taken a stand on the demand for payment, see værditabs. section 7 of the Act on the promotion of renewable energy.
(6). The Minister may allow the request in accordance with paragraph 5 shall be submitted later if there are special circumstances.
(7). The owner of a property may not apply for adoption after (4) if the Minister decides to expropriate the ownership of the entire property.
(8). Request for adoption under paragraph 4 prevents the owner from the right to receive payment in accordance with the værditabs Act on the promotion of renewable energy sources, see. §§ 17-20, with respect to that property.
(9). Environment Minister joins the requirements on værditabs payment for properties taken over in accordance with paragraph 4.
Paragraph 10. The Minister may make rules governing the procedure for and content of takeover scheme.
Rent, subdivision and sell-offs of mill sites section 16. Areas to be used for turbine sites, can udstykkes and sold or leased for wind turbine manufacturers.
(2). Areas may only be used for the testing of prototypes of wind turbines and other tests associated with it.
Depreciation of real estate by the erection of wind turbines at the test center section 17. Law on the promotion of renewable energy and rules issued thereunder shall apply to wind turbines, as drawn up on test center, with the adjustments resulting from § § 18-21.
§ 18. The operators, see. § 2, assuming the rights and obligations conferred on erector after §§ 6-12 of the law on the promotion of renewable energy.
(2). If the part of a property, which is exposed to loss of value, is acquired by the Minister pursuant to section 15 (1) and (2) before the establishment of the first wind turbine at the test center, the demands for payment for loss of value for that property.
(3). The owner of a property, if the claim for payment of the impairment charge has lapsed because the value loss constitute 1 per cent or less of the value of the property may request the valuation authority on resumption of the decision, if a subsequent partial expropriation pursuant to section 15 within the setting of the first mill causes the value loss will then be assessed to exceed 1 per cent of the value of the property. Reinclusion request must be submitted to Energinet.dk, within 4 weeks after the decision on expropriation.
(4). By advertisement, etc. pursuant to section 19 and at the valuation authority's assessment of the loss of value pursuant to section 7 of the Act on the promotion of renewable energy, it must take into account the establishment of seven wind turbines each with a total height of 250 m.
§ 19. The operators are holding after advertising in local newspapers not later than 31 December. March 2011 the public meeting referred to in section 9, paragraph 1, of the law on the promotion of renewable energy, where explaining the consequences of the deployment of wind turbines at the test center for the surrounding real estate.
(2). The operator gives the individual, written notice of the time of the holding of the public meeting and on the deadline for notification requirements, etc., see. § 9, paragraph 3, and § 10 of the Act on the promotion of renewable energy, to 1) owners of immovable property, in whole or in part is located at a distance of up to 1,500 m from the site, and 2) other interested, which has asked the Energinet.dk notification.
(3). Energinet.dk shall approve the written notification and notify the operators of other interested, see. (2).
§ 20. Owners of real estate, on which there is a decision on the payment værditabs, or where there is an agreement to that effect, cannot raise new requirements for værditabs payment against the operator under this Act or in accordance with the law on the promotion of renewable energy as a result of the setting up and dismantling of the wind turbines at the test center.
(2). Owners who have been awarded værditabs payment or has entered into an agreement to that effect, is entitled to be paid to this when the first wind turbine test center is set out in annex II. However, article 18, paragraph 2.
(3). section 54 of the Act on the promotion of renewable energy does not apply to wind turbines placed on test center after this law.
Green scheme for strengthening of local scenic and recreational values § 21. The Municipal Council may by the erection of wind turbines at the test center apply for grant commitments corresponding to the expected installed capacity from the Green system, as referred to in section 18 of the Act on the promotion of renewable energy.
(2). Notwithstanding section 18, paragraph 2 2. paragraph, of the law on the promotion of renewable energy sources can apply for Municipal Council Energinet.dk about the commitment of grant from the Green scheme for wind turbines on the test center from the 1. October 2010.
Chapter 5 planning conditions § 22. The Municipal Council may only grant permission after the other legislation to erect wind turbines in the protection zone, if protection of the zone function is not thereby altered or interfered negatively in relation to the test center.
(2). The Municipal Council may only grant permission after the other legislation to construct buildings of more than 12 metres of altitude in the wind field, if wind field's function is not thereby altered or interfered negatively in relation to the test center. Similar applies to the Municipal Board's access to grant authorisation to construct installations in wind field. Notwithstanding the provisions of 1. item must be listed buildings being built as extensions or buildings in association with existing construction.
(3). There must not be interpreted in new areas to urban areas, cottage area, afforestation or other land use in wind field if wind field's function thereby altered or interfered negatively in relation to the test center.
(4). Municipal Board's decisions referred to in paragraphs 1 and 2, an appeal may be lodged in accordance with the rules laid down in the legislation, which incidentally is the decision taken in accordance with.
Chapter 6 the relationship with other legislation section 23. Not require authorization under section 65 (2) and (3) of the basic regulation. articles 3 and 17 of the law on nature protection and section 35, paragraph 1, of the law on planning for the execution of the works according to chapters 2 and 3 of this Act and for the subdivision of land that is sold pursuant to section 16.
(2). The rules of the law on planning for the provision of municipal and local plans, Viborg County region plan 2005 and related spatial planning Appendix, § § 8-13 and 26-28 of the law on forests and Chapter 6, 9 and 10 of the law on watercourses shall not apply when performing works according to chapters 2 and 3 of this Act.
(3). sections 10 and 11 of the law on electricity supply not applicable to wind turbines, presented at the test center.
§ 24. Regardless of the rules in Chapter 4 of the law on nature protection can the operators decide that the public does not have access to the testing area when working with Setup of wind turbines or larger turbine parts, or when in fact safety considerations make it necessary.
(2). The operating officer's decisions in accordance with paragraph 1 may not be appealed to any other administrative authority.
Chapter 7 Delegation, etc.
§ 25. The Minister may authorize a government agency set up under the Ministry 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.
Chapter 8 Removal and termination § 26. The operators may decide to shut down test centre and must in this context ensure that the test area is cleared and destroyed, so that it can pass to the forest or natural purpose.
(2). It must be indicated in the contracts for the acquisition of land under section 16, that such areas should be handed over to the Ministry of environment, when the test centre will be closed.
(3). The Minister of the environment determines how the operators must restore the test area to forest or natural purpose.
Chapter 9 entry into force, etc.
§ 27. The law shall enter into force on the 1. October 2010.
(2). With effect from this date pending cases lapse after chapter 6 on conservation of nature conservation areas in test and measurement area and wind field, which will hinder the establishment of a test centre in accordance with this law.
Given at Amalienborg, the 15. June 2010 Under Our Royal hand and Seal MARGRETHE r./Karen Ellemann, Annex 1