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Law On Nature And Environmental Complaints

Original Language Title: Lov om Natur- og Miljøklagenævnet

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Table of Contents

Chapter 1 Scope of the law

Chapter 2 The members of the jury

Chapter 3 Different juridists

Chapter 4 The decision of the jury

Chapter 5 Administrative provisions, etc.

Chapter 6 Complaining, lawsuits and fees

Chapter 7 Punishment, etc.

Chapter 8 The entry into force, etc.

Law on the Agency for the Environment and the Environment

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Scope of the law

§ 1. The Agency for Administrative Decisions in the field of environmental and environmental matters, to the extent that it is laid down in the other legislation, is a public prosecutor for administrative decisions in the field of environmental and environmental matters.

Paragraph 2. The Board shall be independent of the instructions for the processing and decision of each case.

Chapter 2

The members of the jury

§ 2. The Minister for the Environment, Justice and Home Affairs It consists of 1 President and one or more permanent deputies for this, a number of experts appointed by experts, seven members appointed by Parliament, and two members appointed by the Supreme Court of the Members.

Paragraph 2. The chairman of the Vice-President and his deputy shall have graduated from the degree to the degree to which the term is made.

Paragraph 3. The parliament and the Supreme Court are nominated for the designation of members in accordance with paragraph 1. 1 a suppleant for each member. The Supple may participate in the processing and decision of a case when the member is prevented from participating.

Paragraph 4. The Minister for the Environment may, in the Rules of Procedure, decide that the President may be able to charge an employee who is tied to the Board and has passed the legal candidate for temporary work as proxy for the President.

§ 3. The Minister for the Environment shall fix the number of experts qualified. Members will be appointed in their personal capacity by the Environment Minister for up to four years at a time. The competent members shall be adjusted in accordance with the rules laid down in paragraph 1. 2-5.

Paragraph 2. The case members are set to the guise of the following organizations :

1) DI-Business.

2) The Vocational Council of Workers ' Movement.

3) The Craft Council.

4) Agriculture and Food.

5) Denmark's Natural Friction Society.

6) WWF World Wildlife Fund.

7) Danish Orniological Association.

8) The air-air council.

9) Danmarks Sportsfishing Association.

Paragraph 3. In addition to the organisations referred to in paragraph 1, 2, the following organizations designate additional experts for the examination of environmental damage cases :

1) Danish Forest Association.

2) Denmark's Jægerfederund.

3) United of Danske Ral-and Sandsugers.

4) Denmark's Rederivatives.

Paragraph 4. Management of the Ministry of the Environment may, in addition to the expert members, who are suspended by the organisations in accordance with paragraph 1. 2 and 3, set additional qualified members to be appointed in order to ensure the presence of the necessary expertise in the Board.

Paragraph 5. In accordance with the rules laid down in the rest of the legislation, organizations, bodies under the Ministry of the Environment and other competent authorities shall be prepared to be appointed by experts in order to deal with specific types of case.

§ 4. The nominations carried out by Parliament and the Supreme Court shall be valid for four years at a time. In the event of withdrawal, the parliament or the Supreme Court, or a new member, shall appoint a new member or new suppleant for the remaining part of the period.

Chapter 3

Different juridists

§ 5. With the exception of cases referred to in sections 7 and 9, a complaint file is processed

1) by the name of the expert composition composed of the chairman or deputy of this and a number of experts, or

2) by the Board of the Committee, consisting of the chairman or deputy of this, 7 members appointed by Parliament, and two members appointed by the Supreme Court, cf. however, section 8 (3). 3.

Paragraph 2. The other legislation shall be fixed in accordance with the provisions of paragraph 5 of this Regulation. 1, no. 1 or 2, in the processing of complaints following that law.

§ 6. The President or a substitute for this may, in particular cases, decide that a case which, in accordance with the legislation, must be dealt with by the board with the one in paragraph 5 (5). 1, no. The composition referred to in paragraph 5 (2) shall be dealt with in the composition of the said composition. 1, no. 2, mentioned composition, cf. however, section 12 (2). 4.

Paragraph 2. Similarly, the chairman or deputy may decide, in particular cases, to decide that a case which, in accordance with the law, must be dealt with by the board with the one in paragraph 5 (5). 1, no. The composition referred to in paragraph 5 (2) shall be dealt with in the composition of the second paragraph. 1, no. The composition referred to in paragraph 1, cf. however, section 12 (2). 4.

§ 7. The President or a substitute for this may, in exceptional cases, decide that a case should be dealt with by the Board, with the participation of both one or more expert members, cf. Section 5 (5). 1, no. 1, and the members appointed by Parliament and the Supreme Court, cf. Section 5 (5). 1, no. 2.

Chapter 4

The decision of the jury

§ 8. In cases where the Board shall have it in section 5 (5). 1, no. In the case of paragraph 7, or in paragraph 7, the chairman or a deputy for this one or more experts shall be appointed to the individual Member States for the processing of each case. The expert members shall be taken by the chairman or a deputy for the expert members in the case of the expert members, cf. Section 3, paragraph 3. 1. The experts shall be taken from among the members who are appointed on the basis of the settings of section 3 (1). Paragi 2 and 4, in matters of environmental damage, section 3 (3). 2-4. Where the appeal proceedings relates to a case type for which special rules for the setting of experts have been laid down, cf. Section 3, paragraph 3. However, 5, the experts shall be taken from among the members appointed for the consideration of the type of case in question.

Paragraph 2. In cases where the Board shall have it in section 5 (5). 1, no. The composition shall be determined on a written basis or in a meeting.

Paragraph 3. In cases where the Board shall have it in section 5 (5). 1, no. The composition of the second paragraph shall be taken at a meeting. The quorum is quorum when at least half of the members, including the President or a deputy for this, are present.

Paragraph 4. In cases where the Board has the composition referred to in section 7, the decision shall be taken at a meeting. The quorum is quorum when all the experts are taken and at least half of the cases referred to in section 5 (5). 1, no. The two mentioned members, including the President or a deputy for this, are present.

§ 9. The chairman or deputy may, on behalf of the Board, take a decision on matters which do not contain any questions of greater or fundamental importance, and in matters whose decision alone is based on a legal opinion, cf. however, section 12 (2). 3 and 4.

§ 10. The decision of the jury shall be taken by the ballot. In voting, the President or the deputy's voice is the tenderer of the President or the deputy.

§ 11. The Environment Minister is setting down a business committee. The members of the committees shall be appointed by the Minister for the Environment, among the expert members of the Board, according to the recommendation of the organisations, cf. Section 3, paragraph 3. Two, three and five. For cases of environmental damage and cases where special rules have been laid down in the other legislation concerning the setting of experts for the processing of specific types of case, the minister shall set up a special business committee. The Minister may, by the way, set up a special search committee for specific types of case where special expertise is needed.

Paragraph 2. The Environment Minister may lay down detailed rules on the organizational setting of members for the business selections, including the fact that multiple organizations are nominating a member and the appointment of members for the search options.

§ 12. The chairman or deputy for this information shall inform the visitation committee or the members of parliament and the Supreme Court appointed members of the Board of Income and the cases referred to by the chairman or deputy for this purpose, in accordance with the opinion of the chairman or deputy. § 9. The chairman or deputy shall also inform the Committee of Inquisitions and the Members of Parliament and the Supreme Court appointed members of the Board, where the President or a deputy for the purpose of this pursuant to section 6 or 7 has decided that one person or the case shall be treated with a different composition other than the one provided for in the other legislation.

Paragraph 2. In cases of non-compliant cases and cases where a judgment alone is based on a legal opinion, the orientation of paragraph 1 may be notified. One spoon after the case is settled.

Paragraph 3. If a Member makes an objection, the case may not be decided by the President or a deputy for this, unless the visitation committee or the refusal to avenge it in section 5 (5). 1, no. The composition of the latter at the request of the chairman or any representative of this decision may be determined by the chairman or the deputy. However, this does not apply to cases covered by paragraph 1. 2.

Paragraph 4. The Committee on the Environment, Public Health and Food Safety, shall lay down detailed rules on the application of the Committee of Inquisitions or Board of the Committee in Section 5 1, no. The composition of the chairman or the delegate may, in accordance with the composition of the chairman or a deputy, to amend the decision of the chairman or a deputy in accordance with the decision of a deputy. section 9, or that the case should be treated with a different composition of the latter than the one specified in the other legislation, cf. § 6.

Chapter 5

Administrative provisions, etc.

§ 13. The Minister for the Environment shall lay down the Rules

§ 14. The administration of the jury shall be carried out by a secretariat, which shall also assist in the examination of the dossies submitted for the Board of Intentions.

§ 15. The Board shall have the same access to request information, including economic and accounting conditions, and to provide for sampling, analysis and measurements etc. for the person responsible for the own account which the competent authorities have in accordance with the legislation to which it is applicable ; the decision taken shall be taken after the decision was taken.

§ 16. If deemed necessary to take a decision in a appeal proceedings, duly legitimised and without court order the same access to public and private properties, premises and means of transport and, in particular, carrying out investigations, photographing, copying or incorporating documents and other objects which the competent authority shall have after the law passed by the decision of the decision.

Paragraph 2. The police shall provide the assistance of the competent authority in the exercise of the powers under paragraph 1. The Minister for the Environment, Minister for the Environment, may lay down detailed rules on this matter.

Chapter 6

Complaining, lawsuits and fees

§ 17. The decisions of the jury may not be brought to the second administrative authority unless otherwise provided by the other legislation.

Paragraph 2. The rules laid down in the legislation to which the decision has been taken shall be subject to the rules laid down in the legislation to which the decision has been taken.

§ 18. The Environment Minister may lay down rules on charges for the processing of complaints, including requests for recovery, which are subject to the avenged board.

Chapter 7

Punishment, etc.

§ 19. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :

1) omits to comply with a request or an opening after Article 15 or

2) the authorities ' access to property, premises or means of transport are resided by section 16.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 3. Where an economic advantage has been achieved, this shall be confiscated by the rules of the penal code 9. Chapter, even though the infringement is not caused by injury to the environment or is, therefore, a danger to the environment. If no confiscation can be taken, special consideration shall be taken of this by the measurement of a fine, including any additional fine.

Chapter 8

The entry into force, etc.

20. The Environment Minister sets the time of the law into force.

Paragraph 2. The Environment Minister may lay down transitional rules.

§ 21. The law does not apply to the Faroe Islands and Greenland but can, by means of a royal appliance, be set in full or in part to Greenland, with the changes that the Greenland conditions say.

Givet on Amalienborg, the 11th. May 2010

Under Our Royal Hand and Segl

MARGRETHE R.

/ Karen Ellemann