Advanced Search

Ordinance On The Environmental Assessment Of Mining And Quarrying On The Seabed (Eia)

Original Language Title: Bekendtgørelse om miljømæssig vurdering af råstofindvinding på havbunden (VVM)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Appendix 1
Appendix 2

Publication of the environmental impact of on-going material extraction at sea bottom (VVM) 1)

Purline of section 23 (2). 2 and 3, section 34, and section 38 of the law on raw materials, cf. Law Order no. 950 of 24. September 2009, as amended by law no. 1273 of 21. December 2011 :

§ 1. This notice shall apply to applications for authorization pursuant to section 20 (20) of the raw material. 1 to :

1) Raw materials for the purpose of international nature protection areas (Community bird protection areas, Community habitats and RamsarAreas).

2) Raw materials for more than one million. m³ per. yea year or more than 5 million. Total m³.

3) Raw materials for recovery, which may otherwise be considered to have a significant impact on the environment. Assessment of this shall be taken into account in the criteria set out in Annex 1.

Paragraph 2. The declaration shall not apply to the abstraction of materials resulting from purification and deepening, and which are recovered as raw materials.

Paragraph 3. The declaration shall not apply to the abstraction of raw material in the Vadesea-Community bird protection area. 57-to repair, suddenly, damage to the dikes and the adjacking ashore.

§ 2. Decision after paragraph 1 (1). 1, no. 3, that an abstraction must not be assumed to be able to have a significant impact on the environment must be published at the latest, at the same time as the authorisation for the abstraction of the abstraction. The publication can be done solely on the Home page of the Natural Order.

§ 3. Applications for the authorisation of raw material abstraction covered by Section 1 (1). 1 shall be accompanied by a statement drawn up by the applicant (VVM). The deposition must at least contain the information listed in Annex 2.

Paragraph 2. The Office of the Council may provide for additional material for environmental impact assessment to be provided.

§ 4. Information on the application and the statement referred to in section 3 shall be published to the public. The application and communication will be able to be requested. The publication can be done solely on the Home page of the Natural Order. The publication shall contain, in addition, the following information :

1) the nature of possible decisions,

2) the length of the term and for which comments are to be made, and to which questions in the public period can be corrected, and

3) where any reports drawn up in the context of the VVM statement are reviewed for the general public.

Paragraph 2. The application and the EIA report shall be forwarded to the authorities concerned and in consultation with the authorities concerned.

Paragraph 3. The time limit for the submission of comments from the public, authorities and organisations shall be fixed at a minimum of eight weeks.

§ 5. Information on the decision shall be made public. The publication can be done solely on the Home page of the Natural Order. The decision on any terms and conditions, the principal reasons and considerations which underlie the decision and, where necessary, a description of the main measures to avoid, limit and, if possible, mitigate significant adverse effects ; effects will be able to be requisitioned.

§ 6. The announcement shall enter into force on the sixth. January 2012.

Paragraph 2. At the same time, notice No 126 of 4. March 1999 on the environmental impact assessment on the port of origin (VVM).

Paragraph 3. Applications for authorisation covered by the provision in section 1 (1). 1 that have been received in the Fish and Wildlife Agency by 14. In March 1999, the current rules will be dealt with.

Ministry of the Environment, the 12th. December 2011

Ida Auken

/ Helle Pilsgaard

Appendix 1

The selection criterion referred to in section 1, no. 3.

1.
Characteristics of projects
The characteristics of projects shall be considered in particular in relation to :
-
the project dimensions
-
cumulation with other projects,
-
the use of natural resources,
-
waste production,
-
pollution and genes ;
-
the risk of accidents, particularly in the light of the materials used and technologies used.
2.
Location of projects
The environmental vulnerability of the geographical areas which may be affected by projects must be taken into account, in particular :
-
existing land use ;
-
the relative wealth, quality and regeneration capacity of the natural resource in the area,
-
the carrying capacity of the natural environment with particular attention in the following areas :
a)
wetlands,
b)
coastal areas,
c)
reserves and natural parks,
d)
areas registered or protected by national legislation ;
(e)
areas laid down in regional plans with a reinforced objective ;
(f)
areas where the environmental quality standards laid down have already been exceeded ;
g)
densely populated areas,
(h)
important landscapes from an historical, culturally, archaeological or recreational point of view.
3.
Characterisences of the potential environmental impact
The potential significant effects of projects should be considered in relation to the criteria set out in 1 and 2 above, and in particular, in the light of :
-
the scope of the impact (geographical area and number of persons affected) ;
-
the cross-border nature of the impact,
-
the impact and complexity of the impact,
-
the likelihood of the impact
-
the duration, frequency and reversibility of the effect.

Appendix 2

Information to be provided in accordance with section 3 (1). 1.

1.
A description of the abstraction of the intended abstraction, in particular :
1.1
Quantity, composition and quality of the raw material that is desired
1.2
A short or UTM card in the original yardstick, with a clear indication of the area applied, enclosed a list of areas for the area demarcation.
1.3
Documentation of the degree, quantity, quality and composition of the raw material instance in the area applied.
1.4
The description of the method of extraction and of the ingrate in use, including capacity, maximum working depth, projected production and during the winding-up period.
1.5
Documentation of the physical state of the area, including surface sedimentary distribution and depth in and around the intake area.
1.6
Information on market conditions as well as raw material and environmental conditions, which are considered to be of relevance in relation to the management assessment, including information on the possibility of full or partial replacement of the application of the raw material resource ; purification and indentation materials (clindry).
1.7
Proposals for the recovery and processing plan.
2.
A summary of the main alternatives and alternative areas for which the applicant has examined, a description of the consequences of the non-implementation (0 alternative) and the information on the main reasons for the choice of : catchment area having regard to the effects on the environment.
3.
A description of the area and the surroundings, which may be significantly affected by the abstraction of the abstraction. Description of the significant effects of the intake in the area and surrounding environment, including in particular the effects on fauna, flora, marine, aquatic environment, air, archaeological cultural heritage, coastal safety, fishing, sailing and recreational interests.
4.
A description of the short-term and long-term effects of the intake and long-term effects on the environment as a result of :
4.1
The physical surgery.
4.2
Air pollution.
4.3
Noise load.
4.4
The use of natural raw materials.
4.5
Sedimentary waste and metabodification, possibly oil spilt.
4.6
The description of the methods used to calculate the effects on the environment.
5.
In the case of ingains in Community bird protection areas, Ramsarrants and Community habitats, the assessment shall also meet the requirements for impact assessment in accordance with Article 6 of the Habitats Directive, furtive. 2-4.
6.
A description of the measures envisaged in order to avoid, reduce and, if possible, neutralise the harmful effects on the environment, including the setting up of a monitoring programme.
7.
A non-technical summary on the basis of the above information.
8.
A list of possible deficiencies in the information and evaluation of the environmental impact.
Official notes

1) The declaration contains provisions implementing Council Directive no. 85 /337/EEC of 27. June 1985 on the impact assessment of certain public and private projects on the environment (VVM-Directive), EC 1985, nr. L 175, page 40, as amended by Council Directive 97 /11/EC of 3. This March 1997 amending Directive 85 /337/EEC on the assessment of the environmental impact of certain public and private projects on the environment, in the Official Journal of the European Communities, L 73, page 5.