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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127158

Overview (table of contents) the use of agricultural land, etc.
   Grubbing-up obligation Forest establishment Half-sister culture areas or uncultivated land under other forms of nature, registration, inspection and supervision, etc.
   Criminal provisions, etc.
   Date of entry into force of The Ordinance on land resource's full text of the application for cultivation and nature under section 1, paragraph 4, section 8, § 9, nr. 1, sections 13 and 14, article 16, and article 18, paragraph 2, of the law on the operation of agricultural soils, see. lovbekendtgørelse nr. 191 of 12. March 2009, and under the authority fixed: § 1. The Ordinance includes all agricultural soils in the rural zone. The notice also includes frijorder and land in urban areas and cottage areas, listed with agricultural duty. By agricultural soils for the purposes of this Ordinance undeveloped or unpaved areas, which can be used for agronomic purposes.
§ 2. In cases where the owner and the user is not the same natural or legal person, the obligations laid down in this Ordinance is the responsibility of the user, that is to say that, having responsibility for the practical application or operation of the covered area.
The use of agricultural land, etc.
§ 3. Owners or users of land referred to in § 1 shall apply these to cultivation or natural purposes (agronomic purposes).
(2). The requirement referred to in paragraph 1 on the application for cultivation or natural purposes shall not, however, apply to 1) land used for non-agricultural purposes land in accordance with a local plan or a fact that permission or used for other lawful non-agronomic purposes, including cemeteries, shooting lanes, areas related to airports, military practice terrain, golf courses and the like, 2) fred forest areas, see taxable. skovloven, and 3) gardens, including the settlement is under 2 ha, and gardens, including parker, who at 1. September 2004 including hamlet had an area of 2 hectares or more.
(3). The Danish plant Directorate may, on application, may allow an area to be used for the creation of a garden or park, be exempted from the requirement referred to in paragraph 1, regardless of the area make up the 2 hectares or more.
§ 4. Agricultural soils agricultural soil must be on sound way is used for at least one of the following purposes: 1) the cultivation of one or perennial crops, including orchards and fruit bushes.
2) Operation as half-culture, where half-culture areas shall mean agricultural soils, which are open and have a natural condition that requires extensive agricultural operation, URf.eks. Mountain hay or grazing, in order to be able to be maintained in this State.
3) leaving animal carcasses as uncultivated and lysåbent area, taking in non-cultivated areas means agricultural land where there is no form of operation. Clearing the upbringing of trees and shrubs, including mowing, regarded in this sense not that operation. By open areas shall mean agricultural soils where vegetation in areas predominantly consists of low-growing plant species.
4) forest, with forest can be both cultivated forest as forest without operation.
5) Cultural technical measures as hedges, ditches, farm roads, and the like.
6) small biotopes and småplantninger, both types up to and including 0.5 ha. By small biotopes means small land that serves as Habitat for wild plants and animals, and which in their nature differ from the surrounding agricultural lands.
(2). The provisions of paragraph 1 shall not prevent the owner or user to a limited extent able to exploit deposits in the Earth for their own use.
Grubbing-up obligation section 5. Owners or users of agricultural lands, which are subject to the usage requirement set out in section 3, shall maintain these URf.eks. by mowing, grazing time, or as needed, since the early life of trees and shrubs should not be more than five years old, see. However, § 6 and § 8, paragraph 1, article 11, and article 12, paragraph 1. The obligation to keep the area free of trees and shrubs except Heath vegetation of dwarf shrubs.
(2). Areas covered by the Executive order on direct payments to farmers in accordance with the single payment scheme or of the Ordinance on environmentally friendly agricultural measures (MVJ), may only be turned in the periods, as set out in the said regulations or in undertaking granted pursuant thereto.
(3). Moorland, meaning areas defined as heat in accordance with the law on nature protection, may only be switched or cleared in period 1. August – 30. April. Mountain Hay may only take place in the period 1. July – 30. April.
(4). Areas that are not covered by paragraph 2 or paragraph 3 shall only be switched or cleared in period 1. November – 31. March. Mountain Hay may only take place in the period 1. July – 30. April.
(5). Extensive mowing or clearing by the use of the chainsaw, brushcutter or similar hand-held tools, can, however, take place throughout the year.
§ 6. The following agricultural soils is excluded from the grubbing-up obligation according to § 5 (1): 1) the areas cultivated perennial crops, including orchards, fruit bushes and perennial energy crops of vedtypen.
2) Areas with forest or areas declared as woodland, including coppicing/energy forest/sprout, see. § 8.
3) areas planted with hedges and the like.
4) Areas with small biotopes, consisting of trees and shrubs, as well as småplantninger, both types of area up to and including 0.5 ha.
5) Areas with small biotopes, consisting of trees and shrubs, as well as småplantninger, both types of area of 0.5 ha, if the establishment thereof are made according to an announced MVJ commitments, which provide an area size of more than 0.5 ha.
6) Areas with solitary trees and shrubs.
7) Dune landforms, see. section 8 of the Act on nature protection.
8) Areas that are very wet, steep or otherwise difficult to clear with machines, or which are difficult to access.
(2). Areas protected under the law on nature protection, are not covered by the section 5, paragraph 1, referred to the grubbing-up obligation, if the obligation is not in compliance with conservation rules. Similarly for areas covered by a commitment to environmentally-friendly agricultural subsidy measures, when vedligeholdelsens requirements, etc. here is clear from the terms of the undertaking.
(3). The Danish plant Directorate may, on application, exempt the other areas for the grubbing-up requirement, if compliance with this would be excessively burdensome for the owner or user of the land.
Forest establishment § 7. By forest establishment must be in relation to this order rules about clearance duty purposes as well as sowing and planting even sowing. For the purpose of cultivation planting of greenery and Christmas trees in the short term as well as for the purpose of cultivation planting multi-annual energy crops of vedtypen shall not be considered as afforestation, see. However, section 9, paragraph 1.
(2). The restoration of the forest after harvesting on existing forest areas within a period which may be regarded as normal in connection with forestry, should not be reported independently, without prejudice. section 8, in order to be exempted from the grubbing-up obligation.
§ 8. Notwithstanding the provisions of § 5 (1) may establish forest owners or users, in accordance with national level directive or provisions of the plan of the municipality of forest establishment, taking in advance a notification thereof must be submitted to the municipality. Establishment of forest by even sowing must also be notified. The notification shall be submitted to the municipality at a special table, which can be obtained from the municipality, the Danish plant Directorate or Directorate's website.
(2). The notification, which among other things by the municipality to be used for the evaluation of a proposed forestation accordance with national level directive or the municipality, or a proposed forest plan of establishment according to the law on nature protection, must contain information about the location of the proposed forest and the extent thereof. Establishment of forest can be started, if the municipality is not within 4 weeks after the notification has been sent a reasoned rejection, including with reference to national level directive or municipality plan or with reference to, what are the rules of the law on nature protection or regulations issued pursuant to this law, as the proposed forest establishment will be in violation of.
(3). The municipality forwards the notification to the Danish plant Directorate.
(4). Is a review not utilized five years after submission, the lapses.
§ 9. In areas where afforestation is unwanted, according to a nationwide directive or a finally adopted and published the municipality level, must be carried out afforestation or reforestation, with the aim of cultivation of perennial energy crops of vedtypen harvested at longer intervals than every five years. The ban does not include the establishment of vegetation by seeding.
(2). The municipality may, where special circumstances speak for it, on application, grant authorization for afforestation or reforestation, with the aim of cultivation of perennial energy crops of vedtypen harvested at longer intervals than every five years, in the areas referred to in paragraph 1. The application is submitted to the municipality at a special table, which can be obtained from the municipality, the Danish plant Directorate or Directorate's website. The application must contain information about the location of the planned planting and extent thereof, as well as a more detailed justification for the desire to implement the proposed planting.
(3). The municipality will send at the same time, decisions under paragraph 2 to the Danish plant Directorate and the complaint legitimate organisations referred to in paragraph 4.
(4). The municipality's decision in accordance with paragraph 2 may be appealed to the Danish plant Directorate of applicant, agriculture and food, as well as of the main organisations of the Danish society for nature conservation and Recreation Council. Complaint deadline is 4 weeks from the day the decision is communicated to the complaint justified.
(5). Complaint shall be submitted to the municipality that forwards the complaint to the Danish plant Directorate of Municipal Board's comments.
(6). The Danish plant Directorate shall notify the applicant of the decision of the appeal, and shall send the decision to the municipality as well as to the complaint legitimate organizations, see. (4).
Half-culture areas or uncultivated areas (subject to grubbing-up obligation) § 10. Owners or users of agricultural lands, which are subject to the usage requirement set out in section 3, paragraph 1, of the basic regulation. § 3, paragraph 2, prior notification of an area to the municipality, as half the cultural area or untilled land, where it is not protected under section 3 of the Act on nature protection.
(2). The notification shall be submitted to the municipality at a special table, which can be obtained from the municipality, the Danish plant Directorate or Directorate's website. The municipality must make use of the notification to the assessment of whether the area is covered by section 3 of the Act on nature protection. The notification shall contain information about the concerned location and extent. The application shall be considered acceptable if the municipality is not within 4 weeks after the notification has been sent a reasoned refusal.
(3). By approval of the notification achieves the owner or user to genopdyrke area within the next 15 years, regardless of the area in the meantime had come to meet the criteria for protection under section 3 of the Act on nature protection.
(4). Before any genopdyrkning are initiated, the owner or keeper shall notify the Municipal Council to that effect.
Other forms of nature (exempt from grubbing-up obligation) section 11. The preceding provisions shall not preclude the maintenance of other forms of nature, than specified in section 4, if they were established on 1 January 1993. September 2004.
(2). The preceding provisions shall also not prevent lasting change in land use for other kinds of nature than specified in § 4, when it is in accordance with other legislation and with the adopted and published plans pursuant to other legislation.
(3). The forms of nature, as referred to in paragraphs 1 and 2, however, is still subject to the requirement of notification, see. § 12.
§ 12. Notwithstanding section 5, paragraph 1, can owners or users establish other forms of nature under section 11, which involves the establishment of trees and shrubs at planting, sowing or self seeding on an area bigger than 0.5 hectare, with planting area in advance must be reported to the municipality, without prejudice. However, section 6, paragraph 1, no. 5. the notification shall be submitted on a special form, which can be obtained from the municipality, the Danish plant Directorate or Directorate's website.
(2). The notification shall contain information about the location and extent of the area. The activities envisaged can be started, if the municipality is not within 4 weeks after the notification has been sent a reasoned rejection, including with reference to national level directive or municipality plan, or reference to, what are the rules of the law on nature protection or other relevant legislation the proposed establishment is contrary to.
(3). The municipality forwards the notification to the Danish plant Directorate.
Registration, inspection and supervision, etc.
§ 13. All information about forest establishment, see. sections 8 and 9, as well as review of the nature referred to in article 6. § 12, recorded by the Danish plant Directorate for use by the DG's control and supervisory functions, see. § 14.
§ 14. The Danish plant Directorate oversees, to land resource for cultivation or use for natural purposes takes place in accordance with the provisions of the law on the operation of agricultural lands, and the provisions of this Ordinance.
(2). The Danish plant Directorate have at any time against proper identification access to areas covered by the Ordinance for the purposes of implementing the control and solution of tasks in accordance with the law on operation of agricultural soils or rules laid down in accordance with the law. The police provide assistance if necessary for that purpose.
(3). Pursuant to section 14 of the basic regulation. section 13 of the law on operation of agricultural soils can inform the Danish plant Directorate orders and prohibitions, which are considered necessary to ensure compliance with the provisions of § 5. By setting the deadline for the execution of a granted injunction, account must be taken of whether the weather and soil conditions makes it possible to carry out the clearing with machinery. Orders and bans can be appealed to the Ministry of food, agriculture and Fisheries of the compulsory order or prohibition is addressed to, agriculture and food, as well as of the main organisations of the Danish society for nature conservation and Recreation Council.
Criminal provisions, etc.
§ 15. With fine punished anyone who fails to comply with the obligation to: 1) use of agricultural land for cultivation and natural purposes as set out in section 3, paragraph 1, of the basic regulation. § 3, paragraph 2, and section 4, 2) adhere the grubbing-up obligation as laid down in article 5, paragraphs 1 to 4, 3) comply with the requirement to apply, review or give notification pursuant to section 8, paragraph 1, article 9, paragraph 2, or article 12, paragraph 1, or 4) comply with injunctions and prohibition issued under section 14, paragraph 3.
(2). There may, in accordance with article 18, paragraph 2, of the law on the operation of agricultural lands, imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Date of entry into force of § 16. The notice shall enter into force on the 15. June 2010.
(2). Executive Order No. 460 of 13. June 2005 on land resource use for growing and nature is repealed.

The Danish plant Directorate, the 10. June 2010 Ole p. Kristensen/Henrik Oftebro-S