Law On Nature And Environmental Complaints

Original Language Title: Lov om Natur- og Miljøklagenævnet

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131740

Overview (table of contents) Chapter 1 Chapter 2 scope the Committee members Act Chapter 3 Different Committee configurations Chapter 4 Chapter 5 regulations of the Board's decision, etc.
Chapter 6 Complaint, action and Chapter 7 Penalty fee, etc.
Chapter 8 entry into force, etc., The full text of the law on nature and environmental complaints 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 scope § 1 of the Act. Natural and environmental complaints are complaints authority for administrative decisions in the field of nature and the environment, in so far as it lays down in the rest of the legislation.
(2). The Committee is independent of instructions on the individual case processing and decision.
Chapter 2 section 2 Committee members. The Committee set up by the Minister for the environment. It consists of one President and one or more permanent substitutes for this, a number of experts appointed members, 7 members appointed by the Danish Parliament, and 2 members appointed by the Supreme Court from among the members of the Court.
(2). The Committee's President and his deputies must have a Bachelor degree.
(3). The Danish Parliament and the Supreme Court shall designate, at the same time with the designation of members pursuant to paragraph 1, an alternate for each Member. The alternate may participate in the proceedings and the decision of a case when the Member is prevented from attending.
(4). The Minister may, in the Committee's rules of procedure provide that the President may authorize an employee who is assigned to the Committee and have a Bachelor degree, to temporarily act as Deputy to the President.
§ 3. The Minister shall determine the number of expert members. Members are appointed in their personal capacity as the Minister for the environment for up to four years at a time. Expert members be set to appointment in accordance with the rules laid down in paragraphs 2 to 5.
(2). Expert members be set for the appointment of the following organizations: 1) DI-Organisation for business.
2) Business Council of the labour movement.
3) Craft Council.
4) agriculture & foods.
5) the Danish society for nature conservation.
6) WWF World Wide Fund for nature.
7) Danish ornithological society.
8) Outdoor Council.
9) Denmark's Angling Association.
(3). In addition to the organizations listed in paragraph 2, the following organizations further expert members to set the appointment for the purposes of the examination of cases relating to environmental damage: 1) the Danish Forest Association.
2) the Danish hunting Federation.
3) Association of Danish Ral and Sandy cleaners.
4) the Danish Shipowners ' Association.
(4). Agencies under the Ministry of the environment may, in addition to the expert members nominated by organisations in accordance with paragraphs 2 and 3, set additional expert members for appointment in order to ensure the presence of the appropriate expertise in the Committee.
(5). In accordance with the rules in the other legislation sets the organizations, agencies under the Ministry of the environment and other authorities qualified members to appoint for the purpose of the treatment of certain types of cases.
§ 4. The designations, which are carried out by the Danish Parliament and the Supreme Court, is valid for 4 years at a time. In case of leaving the Folketing or Supreme Court shall appoint a new Member or a new alternate member for the remainder of the period.
Chapter 3 Different Committee configurations § 5. With the exception of the cases referred to in sections 7 and 9, dealt with a complaint, the Committee of the experts 1) of composition, which consists of the Chairman or a Deputy for this and a number of expert members, or 2) of the Tribunal in the medicinal composition, which consists of the President, or a substitute for this, 7 members appointed by the Danish Parliament, and 2 members who is appointed by the Supreme Court, see. However, § 8, paragraph 3.
(2). It shall be fixed in the other legislation on the composition of the Committee as referred to in paragraph 1, no. 1 or 2, the reviews of complaints after the relevant law.
§ 6. The President or a delegate for this may in exceptional cases decide that a case under the legislation to be dealt with by the Committee in section 5 (1) (8). 1, the composition, referred instead to be processed by the Board with the in clause 5 (1) (8). 2, said the composition of the basic regulation. However, article 12, paragraph 4.
(2). Similarly, the President or a delegate for this in exceptional cases decide that a case under the legislation to be dealt with by the Committee in section 5 (1) (8). 2, referred to composition, instead to be processed by the Board with the in clause 5 (1) (8). 1, the composition referred to in annex IX. However, article 12, paragraph 4.
§ 7. The President or a delegate for this may in exceptional cases decide that a case should be dealt with by the Committee with the participation of both one or more qualified members, see. § 5 (1) (8). 1, and the members appointed by the Danish Parliament and the Supreme Court, see. § 5 (1) (8). 2. Chapter 4 the Board's decision, section 8. In cases where the Tribunal has the in clause 5 (1) (8). 1 or § 7 composition, set aside referred to the President or a delegate for this one or several qualified members to the treatment of each case. The experts of the members shall be taken by the President or a delegate for this among the appointed expert members, see. § 3, paragraph 1. The experts of the members shall be taken from among the members who are appointed on the basis of options under section 3 (2) and (4) in cases of environmental damage, however, § 3, paragraph 2-4. If the appeal by touching a case types for which there are specific rules on setting the experts referred to in article 6. section 3, paragraph 5, shall be taken from the expert members, however, among the members, who are appointed for the purpose of the processing of the relevant procedure.
(2). In cases where the Tribunal has the in clause 5 (1) (8). 1, the composition, taken the decision referred to in writing the basis or at a meeting.
(3). In cases where the Tribunal has the in clause 5 (1) (8). 2, said composition, taken the decision at a meeting. The Committee is quorate when at least half of the members, including the Chairman or a Deputy for this are present.
(4). In cases where the Tribunal has referred to in § 7 composition, the decision taken at a meeting. The Committee is quorate when all the samples experts and at least half of the members in section 5 (1) (8). 2 members, including the Chairman or a Deputy for this are present.
§ 9. The Chairman or a representative of this Committee on behalf can decide in cases that do not contain questions of major or fundamental, and in cases where the decision is based solely on a legal assessment of the basic regulation. However, article 12, paragraphs 3 and 4.
§ 10. The Board's decision shall be taken by majority vote. When a tie is Chairperson or the delegate's vote shall be decisive.
§ 11. The Minister for the environment reduces the visitation Committee. The committees ' members appointed by the Minister for the environment among the expert members of the Committee upon the recommendation of the organisations referred to in article 6. § 3, paragraph 2, 3 and 5. For matters relating to environmental damage and cases where there is in the other legislation laid down special rules on the recommendation of qualified members for the purpose of the treatment of certain types of cases, the Minister shall establish special visitation Committee. The Minister can also set up special committees for specific types of cases, visitation where there is a need for particular expertise.
(2). The Minister may lay down detailed rules concerning organisations setting the members of visitation committees, including that several organizations together are setting up a member, and for the designation of members to visita production committees.
§ 12. The Chairman or a representative of this Committee or the visitation of informs Parliament and the Supreme Court designated members of the Committee about the incoming cases and about which cases have been transferred to the decision of the Chairman or a Deputy of this regulation. § 9. The Chairman or a representative of this Committee and the visitation also informs of the Danish Parliament and the Supreme Court designated members of the Committee of cases where the President or a delegate for this under sections 6 or 7 has decided that a case should be treated with a different composition than that shown by the rest of the legislation.
(2). In uncomplicated cases and cases where the decision is based solely on a legal assessment, orientation in accordance with paragraph 1 may happen after the case is settled.
(3). If a Member makes an objection, the case may not be decided by the President or a delegate for this, unless the Committee or Board with the visitation in § 5 (1) (8). 2, referred to the composition, at the request of the Chairman or a Deputy of this decides that case might be decided by the Chairman or delegate. However, this does not apply to cases covered by paragraph 2.
(4). The Minister shall lay down detailed rules concerning cases in which visitation Committee or Board with the in clause 5 (1) (8). 2, referred to composition can change the President or a delegate's decision that a case should be decided by the President or a delegate for this, see. § 9, or that the case must be treated with a different Committee composition than that shown by the other legislation, see. § 6.
Chapter 5 Administrative Regulations, etc.
§ 13. The Minister of the environment establishes the Board's rules of procedure.

§ 14. The Board's administration is handled by a secretariat, which also assist in vetting cases brought before the Tribunal.
§ 15. The Tribunal will have the same access to request such information, including on financial and accounting matters, and to order the sampling, analysis and measurements, etc. for that person's own expense, by the competent authority under the legislation to which the appeal is taken after.
§ 16. The Tribunal has, if it is deemed necessary in order to adjudicate a complaint, against proper identification and without a court order the same access to public and private property, premises and means of transport and to including studies, photograph, copy or include documents and other objects, as the authorities have, in accordance with the legislation the appeal is taken after.
(2). The Board provides assistance in the exercise of police powers under paragraph 1. The Minister of the environment may, after negotiation with the Minister of Justice lay down detailed rules on the subject.
Chapter 6 Complaint, proceedings and fee section 17. The Board's decisions cannot be brought before another administrative authority, unless otherwise follows from the rest of the legislation.
(2). For actions relating to the Committee's decisions shall be subject to the rules laid down in the legislation, as the decision has been taken after.
§ 18. The Minister may lay down rules on the fee for the examination of complaints, including requests for resumption, brought before the Committee.
Chapter 7 the punishment, etc.
§ 19. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who 1) fails to comply with a request or an order under section 15 or 2) counteracts the authorities ' access to property, premises or means of transport under section 16.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
(3). Is there a violation by obtained a financial benefit, this according to the rules laid down in the criminal code are seized 9. Chapter, although in the infringement is not caused damage to the environment or was induced threat therefore. Can there not be confiscation, shall be taken into account when calculating separately a fine, including a possible additional fines.
Chapter 8 entry into force, etc.
§ 20. The Minister shall determine the time of the entry into force of the Act.
(2). The Minister may lay down transitional rules.
§ 21. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree be totally or partially into force for Greenland of the changes which the Greenlandic conditions warrant.

Given at Amalienborg, the 11. May 2010 Under Our Royal hand and Seal MARGRETHE r./Karen Ellemann