Ordinance On The Approval Of Certain Road Construction, Etc.

Original Language Title: Bekendtgørelse om godkendelse af visse vejanlæg mv.

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Table of Contents

Publication on the approval of certain road facilities, etc. 1)

In accordance with section 109 and § 113 (1) 2, in the law of public roads, cf. Law Order no. 893 of 9. September 2009, and § 66 a and section 67 (4). 2, in the law of private joint paths, cf. Law Order no. 433 of 22. May 2008 shall be adopted according to the authority :

§ 1. This notice shall not apply to road-installations, etc., subject to an assessment of the impact on a Natura 2000 area under other legislation, including notice of the approval of public roads and wiring facilities and so on in the open country, which : are established in accordance with the nature protection law.

Paragraph 2. Road facilities, etc. covered by this notice, must not be carried out until authorisation has been granted in accordance with the rules laid down in this notice.

Approval of public road facilities, etc. that are not in open country

§ 2. Public weightings, etc., which the municipality Board shall decide on public roads and which may affect an international nature protection area (Natura 2000), must be approved in accordance with provisions of sections 3 and 4 before taking action ; for the road plant, etc., cf. However, paragraph 1, stk.1. This applies

1) construction of new paths, cf. Section 23 and Chapter 10 of the law on public roads.

2) the presentation of new lines of line, as set out in the course of the road, in accordance with the heading of the road. Chapters 3 and 4 of the public roads, and

3) other modifications to road installations, cf. Chapter 6 of the law on public roads, which may have a significant impact on the landscape following the following provisions.

Paragraph 2. The local authority shall approve the construction of the roads covered by paragraph 1. 1.

§ 3. Before a decision is taken pursuant to section 2 (2). In itself, an assessment must be made of whether the facility is self-contained, or in the context of other installations, plans and projects, may significantly affect a Natura 2000 area. The facilities covered by the requirement for rating are facilities, etc., which are not directly linked to or necessary for the Natura 2000 area management.

Paragraph 2. Where the local authorities consider that the plant must be significantly influencing a Natura 2000 area, a detailed assessment of the effects of the Natura 2000 area must be assessed in the context of the conservation objectives of the area concerned ; (impact assessment). If the assessment is shown that the facility will damage the international nature protection area, no authorisation may be granted, cf. However, section 4.

Paragraph 3. It is the responsibility of the man who wishes to implement the system, etc., to provide the information required to carry out the assessment referred to in paragraph 1. 1, and the impact assessment referred to in paragraph 1. 2.

Paragraph 4. If the local authorities consider it necessary the impact assessment must be subject to consultation with the public, authorities and organisations before a decision is taken in accordance with section 2 (2). 2.

§ 4. The Municipal Board may derogate from section 3 (3). 2, where essential social and economic interests are essential, including social or economic reasons, because there is no alternative solution.

Paragraph 2. In the Natura 2000 areas that contain priority natural habitats and / or plant species, the derogation referred to in paragraph 1 shall be subject to the provisions of paragraph 1. However, only when the health and public safety or the essential beneficial effects on the environment are concerned or, in accordance with the opinion of the European Commission, other tenderers as necessary, community interests.

Paragraph 3. Deviation in accordance with paragraph 1 1 assumes that all necessary compensatory measures are taken to ensure that the coherence of Natura 2000 is maintained. The European Commission must be informed of the compensatory measures taken.

Paragraph 4. Determination of derogation from paragraph 1. 1 shall be taken by the municipality Board.

Paragraph 5. Before a decision may be taken which may involve the possibility of the derogation from the Ministry of Transportation, the local authority shall obtain an opinion from the Ministry of Transportation.

Paragraph 6. The Ministry of Transport shall be required to do so in paragraph 2 and paragraph 1. 3 mentioned contact with the European Commission.

Approval of private common roads in the country

§ 5. The provision of private joint roads in the country to be approved according to the law of private avenues and which may affect a Natura 2000 area must be approved in accordance with the provisions of section 6, cf. however, section 1 (1). 1.

Paragraph 2. The local authority shall authorise the construction of road plants covered by paragraph 1. 1.

§ 6. Before a decision is taken pursuant to section 5 (5). In the case of 2, an assessment must be made of whether the proposal itself, or in connection with other installations, plans and projects, may significantly affect a Natura 2000 area. The expenditure covered by the requirement for assessment are outlay, which are not directly linked to or necessary for the Natura 2000 area management.

Paragraph 2. Where the local authorities consider that the proposal can influence a Natura 2000 area, a detailed assessment of the effects of the laying down on the Natura 2000 area must be carried out, taking into account the conservation objectives of the area concerned ; (impact assessment). If the assessment shows that the proposal will damage the international nature protection area, no authorisation shall be granted.

Paragraph 3. It is the responsibility of the Member who wishes to carry out the proposal, to provide the information required to carry out the assessment referred to in paragraph 1. Paragraph 1 and the impact assessment referred to in paragraph 1. 2.

Paragraph 4. If the local authorities consider it necessary, the impact assessment must be subject to consultation with the public, authorities and organisations before a decision is taken after paragraph 5 (5). 2.

Approval of private common roads in towns and urban areas

§ 7. Sketch projects for the development of private common roads in urban and urban areas to be approved according to the law of private avenues and which may affect a Natura 2000 area must be approved in accordance with the provisions of Article 8, before taking action to the road installation, cf. however, section 1 (1). 1.

Paragraph 2. Change to be approved in accordance with section 43 of the Act on Private Community Roads and which may affect a Natura 2000 area must be approved in accordance with the provisions of section 8, cf. however, section 1 (1). 1

Paragraph 3. Overruns, etc., which are to be approved in accordance with section 48 of the Act on Private Community Roads and which may affect a Natura 2000 area must be approved in accordance with the provisions of section 8, cf. however, section 1 (1). 1

Paragraph 4. The local authority shall approve draft projects, etc., covered by paragraph 1. 1-3.

§ 8. Before a decision is taken pursuant to section 7 (2). 4, an assessment must be made of whether the draft project, in itself, or in the context of other installations, plans and projects, may significantly affect a Natura 2000 area. The draft projects, etc. covered by the requirement for assessment, are outlines, etc., which are not directly linked to or necessary for the Natura 2000 area management.

Paragraph 2. If the municipality Board assesses that the draft project, etc., may significantly affect a Natura 2000 area, a detailed assessment of the effects of the Natura 2000 area must be assessed, taking into account the conservation objectives of the area concerned ; (impact assessment). If the assessment is shown that the draft project, etc., will damage the international nature protection area, no approval may be granted.

Paragraph 3. It is the responsibility of the one who wishes to carry out the draft project, etc., to provide the information required to carry out the assessment in paragraph 1. Paragraph 1 and the impact assessment referred to in paragraph 1. 4.

Paragraph 4. If the local authorities consider it necessary, the impact assessment must be subject to consultation with the public, authorities and organisations before a decision is taken in accordance with section 7 (2). 4.

Complagues

§ 9. The decisions of the municipalities following this notice may be brought before the Guidance Board in the field of legal issues.

Punishment

§ 10. Extreme notice of section 1 (2) of the notice. 2, where there is a lack of approval for an installation of a public road, the rules shall be penalised in accordance with the rules set out in section 113 (1). Two, in the law on public roads, with fine.

Paragraph 2. Extreme notice of section 1 (2) of the notice. 2 where the non-approval of an installation of a private joint route is not sancalised by the rules laid down in section 67 (4). Two, in the law on private joint roads, with fine.

Paragraph 3. Companies can be imposed on companies. (legal persons) punishable by the rules of the penal code 5. Chapter, cf. § 113, paragraph 1. 3, in the law on public roads and section 67 (4). Three, in the law of private community roads.

Entry into force-determination

§ 11. The announcement shall enter into force on the 31. May 2011.

The directorates, the 18. May 2011

Per Jacobsen

/ Helga Theil Thomsen

Official notes

1) The announcement contains provisions that implement parts of Directive 2009 /147/EC of the European Parliament and of the Council of 30. In November 2009 on the protection of wild birds (the Birds Protection Directive), EU Official Journal 2010, nr. On 20, page 7 and parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (EC Habitats Directive), EC-1992 1992. L 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. Nov. 2006, EU Official Journal no. L-363, page 368.