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Law Amending The Law On The Environmental Approval, Etc. Of Livestock (Amendment Of The Rules On The Discharge Of Ammonia And Of Containers For The Storage Of Liquid Livestock Manure, Involvement Of The Public, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af lov om miljøgodkendelse m.v. af husdyrbrug(Ændring af reglerne om udledning af ammoniak og om beholdere til opbevaring af flydende husdyrgødning, inddragelse af offentligheden m.v.) Omtryk

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Law on the amendment of the law on environmental approval and so on of livestock farming 1)

(Modification of the rules on the discharge of ammonia and containers for the storage of liquid livestock manure, the involvement of the public and so on)

We, by the Queen of God, Denmark's Queen, do our thing : the parliament has adopted and we know the following law.

§ 1

In the legislation on environmental approval etc. of livestock farming, cf. Law Order no. 1486 of 4. In December 2009, as amended by Section 18 of Law No 1 484 of 11. In May 2010, the following changes are made :

1. Foot notation the title shall be replaced by the following :

" 1) The law provides for the implementation of parts of Council Directive 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. In 175, page 40, as last amended by Council and European Parliament Directive 2003 /35/EC of 26. May 2003 on the possibility of public participation in the preparation of certain plans and programmes in the environmental field and amending Council Directive 85 /337/EEC and 96 /61/EC in the case of public participation and access to complaints, and Court of Justice, EU Official Journal, nr. In 156, page 17, parts of the European Parliament and of the Council Directive 2008 /1/EC of 15. January 2008 on integrated pollution prevention and combating pollution, EU-Official Journal 2008, nr. L 24, page 8, parts of Council Directive 2009 /147/EC of 30. In November 2009 on the protection of wild birds (the Birds Protection Directive), EU Official Journal 2010, nr. L 20, page 7, parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (Habats Directive), EC-1992. L 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. This is November 2006, 2006 EU Official Journal. In 363, page 368, parts of Directive 2000 /60/EC of the European Parliament and of the Council of 23. In October 2000, laying down a framework for the Community's water policy measures (the Water Framework Directive), the Official Journal of the European Union (Water Framework Directive). L 327, page 1, parts of Council Directive 91 /676/EEC of 12. December 1991 on the protection of water against pollution caused by nitrates originating from agriculture, in the Official Journal of the European Communities. L 375, page 1, as amended by Regulation 1882 /2003/EC of the European Parliament and of the Council of 29. September 2003, EU Official Journal, nr. I have 284, page 1, and parts of Directive 2004 /35/EC of the European Parliament and of the Council of 21. April 2004 on environmental liability in the field of prevention and mitigation of environmental damage, the EU Official Journal 2004, nr. "L 143, page 56."

2. § 7 ITREAS :

" § 7. Establishment, expansion and amendment of livestock farming, which is or is greater than 15 animal units, is not permitted where stable or fertiliser facilities are situated in a distance of less than 10 m for or wholly or in part, within

1) details of certain ammonia sensitive natural habitats, cf. paragraph 2, situated within international nature protection areas ; or

2) details of certain ammonia sensitive natural habitats, cf. paragraph 2, situated outside international nature protection areas.

Paragraph 2. The Environment Minister shall lay down rules concerning the types of nature covered by paragraph 1. 1, no. One and two.

Paragraph 3. The local authority shall, at the request of public authorities and the holders or users concerned, provide information on the location and the extension of the areas covered by paragraph 1. 1.

Paragraph 4. The Minister may, for specified animal species, set a minimum threshold lower than the limit for the animal units referred to in paragraph 1. 1. "

3. I § 8 (3) 1, no. 3, the following shall be inserted after ' sweees ` : `, cf. however, paragraph 1 TWO. "

4. I § 8 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. The storage of liquid livestock manure must also not be established within a distance of 100 metres to open water and lakes with an area greater than 100 m ; 2 "

paragraphs 2 and 3 shall then be set out in paragraph 1. 3 and 4.

5. I § 9 pasted as paragraph FOUR :

" Stop. 4. The Minister for the Environment may provide that, in exceptional cases, a derogation may be waived from the distance laid down in section 7. ` ;

6. I § 17, paragraph 1. 2, is replaced by ' a lower limit than the minimum limit of 15 animal units provided for in section 10 (4). 1. " to : ' Lower borders than the minimum limits set out in section 10 (4). Paragraph 1, section 11, paragraph 11. Paragraph 12 (1) and 12 (2). 1. "

7. I § 17, paragraph 1. THREE, ONE. pkt., the words ' below '.

8. § 21 ITREAS :

" § 21. The local authority shall at the time of the evaluation of an application for a permit after § 10 or approvals after § 11 or § 12 assess the total withdrawal of ammonia from the total plant in relation to the natural habitats covered by Section 7 (3). 1. "

9. § 25 revoked.

10. I § 27, paragraph. 1, no. 1, inserted after "restricted," : "and".

11. § 27, paragraph. 1, no. 2, revoked.

Number 3 becomes the second paragraph. 2.

12. § 29, paragraph. 1, ITREAS :

' An approval after § 11 or § 12, in addition to the terms referred to in section 27, shall include conditions that ensure that the requirements laid down by the Environment Minister, cf. § 34, paragraph. 3, including the rules on self-control and the reduction of ammonia, shall be carried out. `

13. I Section 33 (4). 1, pasted as Act 4. :

' Authorisation or approval shall be deemed to have been used for the construction of works. `

14. I § 55, paragraph 1. 1, the following shall be inserted after ' the result ' shall mean a substantial `.

15. § 55, paragraph 1. 4, ITREAS :

" Stop. 4. The Board of Directors shall submit a draft decision to those who have been requested to do so, with a view to the fact that there are six weeks of notice to comment on the draft. The local authorities shall forward draft decision or a report on the draft decision to neighbours and others concerned, with the fact that there are six weeks ' notice of commenting on the draft. For a briefing, as mentioned in 2. Act. indicate how the draft decision may be requested by the total draft decision. At the same time as the submission of 1. and 2. Act. inform the municipal management board of additional information relating to the application and other information relevant to the decision received after the initial public announcement. ` ;

16. I § 75, paragraph 1. 2, no. 3, the following shall be inserted after ' Section 8 (1) 1, no. 3 ' : ', and paragraph 1. 2, as well as rules issued in accordance with section 9 (3). 4 ".

17. I § 81, paragraph. 3, in the words ' section 27 (4), 1, no. 3 "in two places :" section 27 (4). 1, no. TWO. "

§ 2

Paragraph 1. The law shall enter into force on the 15th. March, 2011.

Paragraph 2. Applications that have been received before the 15th. In March 2011, it will be dealt with under the current rules.

Givet at Christiansborg Castle, the 23rd. February, 2011

Under Our Royal Hand and Segl

MARGRETHE R.

/ Karen Ellemann

Official notes

1) The law provides for the implementation of parts of Council Directive 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. In 175, page 40, as last amended by Council and European Parliament Directive 2003 /35/EC of 26. May 2003 on the possibility of public participation in the preparation of certain plans and programmes in the environmental field and amending Council Directive 85 /337/EEC and 96 /61/EC in the case of public participation and access to complaints, and Court of Justice, EU Official Journal, nr. In 156, page 17, parts of the European Parliament and of the Council Directive 2008 /1/EC of 15. January 2008 on integrated pollution prevention and combating pollution, EU-Official Journal 2008, nr. L 24, page 8, parts of Council Directive 2009 /147/EC of 30. In November 2009 on the protection of wild birds (the Birds Protection Directive), EU Official Journal 2010, nr. L 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 (Habats Directive), EC-1992. L 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. This is November 2006, 2006 EU Official Journal. L-363, page 368.

Retryksnote
  • 24-08-2011 :
  • The law has been reprinted, since the text "Under Our Royal Hand and Segl" prior to the name of the Regent or Regent, due to an error in the technical production of the formula, was omitted. The failure therefore does not apply to the law.