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)

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Overview (table of contents)

Annex 1

Annex 2

The full text of the Ordinance on the environmental assessment of mining and quarrying on the Seabed (EIA) 1)

Under section 23 (2) and (3) of section 34 and section 38 of the Act on raw materials, see. lovbekendtgørelse nr. 950 of 24. September 2009, as amended by Act No. 1273 of 21. December 2011, lays down: § 1. This Ordinance shall apply to applications for authorisation in accordance with the Mining Act § 20 (1), to: 1) mining and quarrying in the international nature protection areas (community bird protection areas, EC-habitat areas and Ramsar sites).

2) mining and quarrying at more than 1 million. m³ per year, or more than 5 million. m³ in total.

3) mining and quarrying, which, incidentally, is likely to have significant effects on the environment. For the assessment thereof shall take account of the criteria set out in annex 1.

(2). The Ordinance shall not apply to extraction of materials obtained in connection with dredging and deepening, and as recovered as raw materials.

(3). The Ordinance does not apply to mining and quarrying in the Wadden Sea-community bird protection area No. 57-for repair of sudden damage to dykes and adjacent foreland.

§ 2. Decision pursuant to section 1, paragraph 1, no. 3, to the effect that an abstraction is not likely to have significant effects on the environment, to be published at the latest at the same time with that permission for the abstraction must be reported. The publication can be done solely on nature agency homepage.

§ 3. Application for permission for mining and quarrying, covered by article 1, paragraph 1, must be accompanied by a report drawn up by the applicant (EIA). Statement shall include at least the information referred to in annex 2.

(2). Nature agency may provide additional material for the assessment of effects on the environment must be provided.

§ 4. Information on the application and the statement referred to in paragraph 3 shall be published to the public. Application and the statement could be obtained. The publication can be done solely on nature agency homepage. The publication must in addition contain information about: 1) the nature of possible decisions, 2) length and to whom public comments must be submitted, and which issues in the disclosure period can be corrected, and 3) where any reports, background notes, etc., that are prepared in connection with EIA, is for review to the public.

(2). Application and the EIA report are sent for consultation with relevant authorities and organizations.

(3). Deadline for submission of comments from the public, authorities and organisations shall be increased to a minimum of 8 weeks.

§ 5. Information on the merits of the decision shall be published. The publication can be done solely on nature agency homepage. The decision with any conditions, the main reasons and considerations which form the basis for the decision and, if necessary, a description of the most important measures, which is to avoid, reduce and, if possible, remedy significant adverse effects, could be obtained.

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

(2). At the same time repealed Executive Order No. 126 of 4. March 1999 on environmental assessment of mining and quarrying on the Seabed (EIA).

(3). Applications for authorisation subject to the provision in article 1, paragraph 1, received in nature agency within 14. March 1999, dealt with under the existing rules.

The Ministry of the environment, the 12. December 2011 Ida Auken/Helle Pilsgaard

Annex 1 selection criterion referred to in § 1, nr. 3.


Characteristics of projects


Characteristics of projects should be considered in particular in relation to:



the project's dimensions



cumulation with other projects



the use of natural resources



waste production



pollution and nuisances



the risk of accidents, in particular taking into account the materials and technologies.



Projects location


The environmental vulnerability of geographical areas likely to be affected by projects must be taken into account, in particular:



current land use



the relative wealth of natural resources, quality and regenerative capacity of the area



the natural environment's carrying capacity, with particular attention to the following areas:








coastal areas




nature reserves and parks;




areas that are registered or protected by national law




areas in the region plans are zoned with sharpened objective




areas in which the environmental quality standards laid down are already exceeded




densely populated urban areas




important landscapes seen from a historical, cultural, archeological or recreational point of view.



Characteristics of the potential environmental impact


The potential significant effects of projects must be seen in relation to the criteria set out under 1 and 2 above and, in particular, taking into account:



the extent (geographic area and the quantity (volume) of persons affected)



transfrontier character



exposure extent and complexity



the probability



the duration, frequency and reversibility.

Annex 2
Information to be provided pursuant to section 3, paragraph 1.


A description of the proposed reclamation, including in particular:



The quantity, composition and quality of the raw materials to be acquired



Charts or UTM maps in the original scale with clear indication of the area applied for, accompanied by a list of positions for area demarcation.



Documentation for mining instance's extent, quantity, quality and composition of the applied area.



Description of the reclamation method and the reclamation equipment which is intended to be used, including capacity, maximum working depth, expected production and reclamation period.



Evidence of the area's physical condition, including surface sediment distribution and depth conditions in and around the catchment area.



Information about market conditions, as well as råstofmæssige and environmental conditions which are estimated to be of importance in connection with the Agency's assessment, including information on the possibilities of completely or partially replacing the raw material resource with dredging and dredge materials (dredging).



Proposal for reclamation and post-closure plan.



An outline of the main alternatives and alternative reclamation areas, as the applicant has been examined, a description of the consequences of that abstraction is not implemented (0-the alternative), as well as an indication of the main reasons for the choice of the reclamation area, taking into account the effects on the environment.



A description of the area and the surroundings, which can be significantly affected by the desired abstraction. Indvindingens description of the significant effects on the area and the surroundings, including, in particular, the effects on the fauna, flora, seabed, water environment, air, the archaeological heritage, coastal security, fishing, boating and recreational interests.



A description of the indvindingens both short-term and long-term effects on the environment as a result of:



The physical intervention.



Air pollution.



Noise exposure level.



The use of natural raw materials.



Sediment spill and drug proliferation, possibly oil spills.



Description of the methods used to assess the effects on the environment.



For abstractions in community bird protection areas, Ramsar sites and COMMUNITY-habitat areas must also meet the requirements for impact assessment the assessment pursuant to article 6(3) of the habitats directive, points 2-4.



A description of the measures envisaged in order to avoid, reduce and, if possible, neutralize the harmful effects on the environment, including the establishment of a monitoring program.



A non-technical summary on the basis of the above information.



An overview of any deficiencies in information and the assessment of environmental impacts.

Official notes 1) Ordinance contains provisions implementing Council Directive No. 85/337/EEC of 27. June 1985 on the assessment of the effects of certain public and private projects on the environment (EIA Directive), official journal 1985, nr. L 175, p. 40, as amended by Council Directive 97/11/EC of 3. March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment impact, the official journal of the European communities, 1997, nr. L 73, p. 5.