Notice Of The Application For Cultivation And Natural Resource Land

Original Language Title: Bekendtgørelse om jordressourcens anvendelse til dyrkning og natur

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Table of Contents

Use of agricultural land and so on

Rhype duty

Shoveling

Semi-cultural or cultivated areas

Nature of other nature

Registration, checking and monitoring, etc.

Penalty provisions, etc.

Entry into force

Publication of the use of soil resources for cultivation and nature

In accordance with paragraph 1 (1), 4, section 8, section 9, nr. 1, sections 13 and 14, section 16, and section 18 (4). 2, in the operation of the agricultural land, cf. Law Order no. 191 of 12. March 2009, and after authorisation :

§ 1. The commuting shall cover all agricultural lands in the zone. The commuting shall include, in addition, land and land areas in urban areas and summer areas covered by the obligation to carry out the duty of the market. For the purposes of this notice, ' agricultural land ' shall mean unconstructed and unfortifiable areas which may be used for agricultural purposes.

§ 2. In cases where the owner and user are not the same natural or legal person, the obligations laid down in this notice shall be the responsibility of the person responsible for the operational use or operation of the area covered by the person concerned.

Use of agricultural land and so on

§ 3. Owners or users of areas referred to in section 1 shall apply these to cultivated or agricultural purposes (for purposes of agricultural purposes).

Paragraph 2. The requirement of paragraph 1. However, 1 in the case of the use for the cultivation or nature intended purpose shall not apply to :

1) areas used for non-agricultural purposes in accordance with a local plan or a land zone permit or used for other legitimate non-agricultural purposes, including cemeteries, firing range, areas associated with airports, exercise training exercises, golf courses and similar exercises ;

2) Peaclatiable land, cf. the forest law, and

3) gardens, including construction, are below two hectares, and gardens, including parks, per caption. 1. In September 2004, including settlement, an area of two hectares or more was.

Paragraph 3. The Directorate-General may, upon request, permit an area to be used for the establishment of garden or park exempted from the provisions of paragraph 1. 1 mentioned requirements, regardless of the area, are 2 ha or more.

§ 4. Landuse must be used for at least one of the following purposes in order to use at least one of the following purposes :

1) Isolation of one or multi-annual crops, including plantation and fruit bushes.

2) In the case of semi-cultural operations, agricultural land, which is considered to be light-soles and has a natural state that requires extensive agricultural operations, such as grazing or hayride, in order to be maintained in this condition.

3) The same shall be as cultivated as cultivated and lighted, by means of cultivated land, where there is no form of operation, by cultivated land. Cleanup of the growing of trees and bushes, including by fighting, is considered not in this sense to operate. In the case of lightsawn land, agricultural land is understood where the vegetation of the areas is largely comprised of low-growing plant species.

4) Skov, as forest can be both cultivated forest as a forest without operations.

5) Cultural measures as leaked-fence, trenches, shortcuts and the like.

6) Small biotopes and replanations, both types and with 0,5 hecta-are. In the case of small-scale biotopes, small areas which act as habitats of wild plants and animals and in their character differ from the scope of the agricultural land.

Paragraph 2. The provisions of paragraph 1. 1 shall not preclude the use of the proprietor or the user to the use of any deposits in the soil for their own use.

Rhype duty

§ 5. Owners or users of agricultural land covered by the usage requirement in section 3 shall maintain these, for example by typing, suspension or degrazing as necessary, with the growth of trees and bushes must not be more than five years old, cf. however, section 6 and section 8 (4). Paragraph 1, section 11, section 12 (2). First, the obligation to keep the area free of trees and bushes does not apply to the vegetation of dwarf bushes.

Paragraph 2. Areas covered by the notice of direct aid to farmers under the single payment scheme or by the notice of environmentally friendly farm measures (MVJ) may only be congeted during the periods specified in the notices or in-the-notices referred to in the Commission ; consent granted in accordance with this.

Paragraph 3. Heating areas, meaning areas defined as heat under the law of nature conservation, may only be fought or cleared in the period 1. -August 30th. April. The hauls must be carried out only in the period 1. July-30. April.

Paragraph 4. Areas not covered by paragraph 1. 2 or paragraph 1. 3, may only be fought or cleared in the period 1. November-31. March. The hauls must be carried out only in the period 1. July-30. April.

Paragraph 5. However, debris or grubbing-up using chainsaw, bushclebusboy or similar hand- cut tools may take place all year.

§ 6. The following agricultural land shall be exempt from the obligation for grubbing-up in accordance with section 5 (5). 1 :

1) Spaces on which multiannual crops are grown, including plantations, fruit bushes and multiannual energy crops of the type of person.

2) Areas of forest or land declared as forest, including subpoenas afforested forest / low-forest, cf. § 8.

3) Spaces with the tilfences and the like.

4) Spaces with small-type biotopes consisting of trees and bushes, and small-time plantations, both area types and with 0,5 hecta-are.

5) Areas of small-scale biotopes consisting of trees and bushes, and small-scale crops, both land types of 0,5 ha, the establishment of which shall be carried out in accordance with a notified MVJ undertaking setting a space size exceeding 0,5 hectaam.

6) Spaces with solitary trees and bushes.

7) Pasted areas, cf. Section 8 of the law of nature conservation.

8) Areas that are very wet, steep or otherwise difficult to clear with machines, or which are difficult to make available.

Paragraph 2. Areas protected under the law on nature conservation are not covered by paragraph 5 (2). 1, if the obligation is in accordance with the provisions in accordance with the provisions of the provisions, the cleaning service referred to. Similarly, for areas covered by an undertaking for grants for environmentally friendly land use measures, where the requirements of the maintenance are laid down in the case, the conditions for the case are laid down.

Paragraph 3. The Directorate-General may, in application of applications, exempt other areas of the grubbing-up duty, where compliance with this will be disproportionately burdensome to the owner or user of the area.

Shoveling

§ 7. In the case of bulk-off, the rules of the notice relating to clear obligations must be understood as well as sowing and self-sown. Aplanation for the cultivation of decorative green and Christmas trees in the short repropulsions and planting for the purposes of the cultivation of the multiannual energy crops of the type of the type shall not be regarded as afforestation, cf. however, section 9 (4). 1.

Paragraph 2. In the case of forest management, the forest shall not be declared independently, cf. in the case of the forest in which the forest is treated as normal in the field of forest operations. § 8, to be exempt from the cleanup duty.

§ 8. Notwithstanding the provisions of section 5 (3). 1, may owners or users establish forests in accordance with the provisions of the land plan Directive or of the municipality plan relating to bulk-off, by sending a notification in advance to the municipality. Establishment of the forest at self-sole must also be reported. The notification shall be submitted to the municipality of a special schema, which is available when contacting the municipality ; , The Department of Directorates or the directorate's website.

Paragraph 2. The notification, which is to be used by the municipality, shall be used for the assessment of a planned forest plan compliance with the land-plan directive or the municipality plan, or a planned forest-forging compliance with the law of the protection of the natural environment, information on the location of the intended forest and its extent. The establishment of the forest may commence if the municipality does not submit a reasoned rejection within four weeks of the notification, including the reference to the Country Plans Directive or the Commune plan or with reference to the rules applicable to the Directive ; nature protection or rules issued under this law, as planned for the shoetwenting system, would be in conflict with.

Paragraph 3. The municipality shall forward the notification to the Plant Directorate.

Paragraph 4. If a report has been filed not five years after the submission, it shall lapses.

§ 9. In areas where forest planting is undesirable, according to a land plan Directive or a final adoption and public plan, the planting or planting of multi-annual energy crops shall not be afforestation with a view to the cultivation of the type to be used for the cultivation of multiannual energy crops ; is harvested more space than every five years. The prohibition does not include the establishment of self-sole adultery.

Paragraph 2. The local authority may, where special conditions are, to grant approval to afforestation or planting with a view to the cultivation of multi-annual energy crops of the type which are harvested longer than every five years in the conditions laid down in paragraph 1. 1 mentioned areas. The application shall be submitted to the municipality on a specific schema, which is available when it comes to the municipality, the Department of Directions or the Directorate-General on the Directorates. The application must contain information on the location of the planned plan and its extension, as well as a further justification for the desire to implement the planned plan.

Paragraph 3. The local authority shall send decisions pursuant to paragraph 1. 2 to the Board of Directors and the grietable organisations referred to in paragraph 1. 4.

Paragraph 4. The municipality ' s decision after paragraph 1 2 may be complained to the Directorate of the applicant, Agriculture and Food, as well as by the main organisations for Denmark's Natural Friction Association and the Friction Council. The time limit shall be four weeks from the date on which the decision has been notified to the complaint.

Paragraph 5. The appeal shall be lodged with the municipality which forwards the complaint to the Plantedirectorate with the Communes Board comments.

Paragraph 6. The Directorate-General shall communicate the appeal proceedings to the applicant and shall forward the decision to the municipality as well as to the grietable organizations, cf. paragraph 4.

Semi-cultural or cultivated areas

(the case of grubbing-up)

§ 10. Owners or users of agricultural land covered by the use requirement in section 3 (3). 1, cf. Section 3, paragraph 3. 2, may advance an area for the municipality, which is semi-culturor, which is non-protected after Section 3 of the law on nature conservation.

Paragraph 2. The notification shall be submitted to the municipality of a special schema, which is available when it comes to the municipality, the Plantedirectorate or on the Directorate-General's website. The local authority shall use the notification to assess whether the area referred to is covered by Section 3 of the law on nature conservation. The notification shall contain information on the location and extent of the area concerned. The notified use shall be deemed to have been approved if the municipality does not submit a reasoned rejection within four weeks of the notification.

Paragraph 3. For the approval of the notification, the owner or the user shall obtain the right to reproduce the area within the next 15 years, regardless of the fact that the area in the meantime had to comply with the criteria for protection under section 3 of the law on nature conservation.

Paragraph 4. Before any reproduction is started, the owner or user shall notify the municipality of the local authority accordingly.

Nature of other nature

(exempt from grubbing-up)

§ 11. The preceding provisions shall not preclude the maintenance of other types of nature other than specified in section 4 if they were established by one. 1. September 2004.

Paragraph 2. In addition, the previous provisions shall not preclude any permanent change in the area of land use to other forms of nature other than in section 4, where it is in accordance with other legislation and in accordance with the plans and published plans laid down in the second place ; legislation.

Paragraph 3. Nature of nature, as referred to in paragraph 1. However, 1 and 2 are still covered by the claim for notification, cf. § 12.

§ 12. Notwithstanding paragraph 5, paragraph 1. 1, may owners or users establish other types of nature after section 11, which shall mean the establishment of trees and bushes in planting, sowing or self-sowing in an area greater than 0,5 hectares in advance of the planting area in advance of the municipality, cf. however, section 6 (4). 1, no. 5. The notification shall be submitted on a specific schema, which is available when it comes to the municipality, the Plantedirectorate or on the Directorate-General's website.

Paragraph 2. The notification shall contain information on the location and extent of the area concerned. The proposed establishment may commence if the municipality does not submit a valid refusal within 4 weeks of the notification, including the reference to the Country Plans Directive or the Commune plan, or to refer to the rules in the law of nature protection or other relevant legislation the proposed establishment is in conflict with.

Paragraph 3. The municipality shall forward the notification to the Plant Directorate.

Registration, checking and monitoring, etc.

§ 13. All information about chain of shoetwenting, cf. sections 8 and 9, as well as the notification of nature, cf. section 12, shall be registered by the Directorate-General for the control and inspection functions of the Directorate-General, cf. § 14.

§ 14. The Directorate-General shall ensure that the use of agricultural land for cultivation or natural purposes is carried out in accordance with the provisions of the Law on the operation of the agricultural land and the provisions of this notice.

Paragraph 2. The Directorate-General shall at all times have appropriate access to areas covered by the notice for the implementation of the control and resolution of tasks in accordance with the law on the operation of agricultural land or rules laid down in pursuance of The law. The police shall provide assistance, where necessary.

Paragraph 3. After Section 14, cf. Section 13, on the operating of farm land, the Plantedirectorate may communicate the injunction and prohibitions deemed necessary to ensure compliance with section 5. In setting the time limit for the notification of a notification, it shall be taken into account whether the weather and soil conditions make it possible to carry out the grubbing up with machinery. Opens and bans may be reported to the Ministry of Food, Agriculture and Fisheries of the Delivery, prohibition or prohibition of the goods, and of the main organisations of Denmark ' s Natural Friction Association and the Friction Council.

Penalty provisions, etc.

§ 15. The penalty will be punished for the failure to :

1) comply with the duty of use of agricultural land for the cultivation and nature intended for the purposes of Article 3 (3). 1, cf. Section 3, paragraph 3. 2, and section 4,

2) comply with the obligation to grub up in section 5 (3). 1-4,

3) comply with the obligation to apply, notify or notify the notification of paragraph 8 (3). Paragraph 1, paragraph 9, paragraph 9. 2, or § 12 (2). 1, or

4) comply with the opening and prohibition order in accordance with section 14 (1). 3.

Paragraph 2. After paragraph 18, paragraph 18 may be available. Two, on the operating of farm land, companies shall be subject to the requirements of the operation of the agricultural sector. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force

§ 16. The announcement shall enter into force on the 15th. June 2010.

Paragraph 2. Publication no. 460 of 13. June 2005 on the use of soil resources for cultivation and nature is hereby repealed.

The Directorate of Plantedirectorate, the 10th. June 2010

Ole P. Kristensen

/ Henrik Oftebro-Svendsen