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 amending the law on the environmental approval, etc. of husdyrbrug1)

(Amendment of the rules on the discharge of ammonia and of containers for the storage of liquid livestock manure, involvement of the public, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on environmental approval etc. of livestock farming, see. lovbekendtgørelse nr. 1486 by 4. December 2009, as amended by section 18 of Act No. 484 of 11. May 2010, is amended as follows: 1. The footnote to the title of the Act is replaced by the following: ' 1) Act contains provisions that implement elements of Council Directive 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 most recently by Council and European Parliament Directive 2003/35/EC of 26. May 2003 on public participation in connection with the drawing up of certain plans and programmes relating to the environment and amending Council directives 85/337/EEC and 96/61/EC, with regard to public participation and access to justice, the official journal of the European Union 2003, nr. L 156, p. 17, parts of the European Parliament and of the Council Directive 2008/1/EC of 15. January 2008 concerning integrated pollution prevention and control, the official journal of the European Union 2008, nr. L 24, p. 8, parts of Council directive 2009/147/EC of 30. November 2009 on the conservation of wild birds (birds directive), the official journal of the European Union 2010, nr. L 20, page 7, parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (the habitats directive), the official journal of the European communities, 1992, nr. L 206, p. 7, as amended most recently by Council Directive 2006/105/EC of 20. November 2006, the official journal of the European Union 2006, nr. L 363, page 368, parts of the European Parliament and Council Directive 2000/60/EC of 23. October 2000 establishing a framework for Community action in the field of water policy (water framework directive), the official journal of the European communities 2000, nr. L 327, page 1, parts of Council Directive 91/676/EEC of 12. December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, the official journal of the European communities, 1991, nr. L 375, page 1, as amended by European Parliament and Council regulation 1882/2003/EC of 29 April 2004. September 2003, Official Journal of the European Union 2003, nr. L 284, page 1, and parts of the European Parliament and of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the official journal of the European Union 2004, nr. L 143, p. 56. '

2. Article 7 shall be replaced by the following: ' article 7. The establishment, extension and modification of facilities on livestock farming, which is or would become greater than 15 livestock units shall not be permitted, if the barn or manure storage facility is located at a distance of less than 10 metres or wholly or partly within 1) specific ammonia sensitive natural habitat types, see. (2) located within the international nature protection areas or 2) specific ammonia sensitive natural habitat types, see. (2) located outside the international nature protection areas.

(2). The Minister for the environment lays down rules about which natural habitats covered by paragraph 1, nr. 1 and 2.

(3). The local authority provides, at the request of the public authorities and the affected owners or users information about the location and extent of the areas covered by paragraph 1.

(4). The Minister may, in respect of specified animal species set a minimum limit that is lower than the limit for livestock units referred to in paragraph 1. '

3. In article 8, paragraph 1, no. 3, shall be inserted after ' Lakes ': ' without prejudice to article. However, paragraph 2 '.

4. In section 8 shall be inserted after paragraph 1 as new paragraph: "(2). Containers for the storage of liquid livestock manure must not be established within a distance of 100 m to open the streams and lakes with an area greater than 100 square meters. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4 hereafter.

5. In paragraph 9 the following paragraph 4 is added: ' (4). The Minister may lay down rules to the effect that in exceptional cases, dispense from the spatial requirement of § 7. '

6. In article 17, paragraph 2, the words ' a lower limit than the minimum limit of 15 livestock units, which are set out in section 10, paragraph 1. ': ' lower limits than the minimum limits specified in section 10, paragraph 1, article 11, paragraph 1, and article 12, paragraph 1. '

7. In article 17, paragraph 3, 1. paragraph, the words ' including '.

8. Article 21 is replaced by the following: ' article 21. The Municipal Council must, when assessing an application for authorization under section 10 or approval under section 11 or section 12 to assess totaldepositionen of ammonia from the total plant in relation to the habitats covered by § 7 paragraph 1. '

9. section 25 is repealed.

10. In article 27, paragraph 1, no. 1, shall be inserted after ' limited, ' means ' and '.

11. section 27 (1) (8). 2, is repealed.

No. 3 is then no. 2.12. Article 29, paragraph 1, is replaced by the following:

» A approval under § 11 or § 12 shall, in addition to the conditions referred to in section 27 shall contain conditions which ensure that the considerations set out by the Minister for the environment, see. section 34, paragraph 3, including terms of own-checks and the reduction of ammonia, is carried out. '

13. In article 33, paragraph 1, the following is inserted as a 4. item:

» Permission or approval is regarded as exploited by implementation of works. '

14. In article 55, paragraph 1, shall be inserted after ' result in a ': ' substantial '.

15. section 55, paragraph 4, shall be replaced by the following: ' (4). The Municipal Council shall forward the draft decision to all those who have so requested, stating that there is a 6-week period within which to comment on the draft. The Municipal Council shall transmit in addition draft decision or a briefing on the draft decision to the neighbors and other concerned stating that there is a 6 week period within which to comment on the draft. Of an orientation as mentioned in 2. paragraph shall specify how the total draft decision can be requested. At the same time with the transmission after 1. and 2. paragraph informs the Municipal Council for supplementary information to the application and other information relevant to the decision that is received after the initial public announcement. '

16. In section 75, paragraph 2, no. 3, shall be inserted after ' section 8, paragraph 1, no. 3 ': ' and in paragraph 2, as well as rules issued pursuant to section 9, paragraph 4 '.

17. In article 81, paragraph 3, the words ' article 27, paragraph 1, no. 3 ' two spots for:» § 27, paragraph 1, no. 2 '.

§ 2 paragraph 1. The law will enter into force on 15. March 2011.

(2). Applications received before 15 May. March 2011, is governed by the existing rules.

Given at Christiansborg Palace, on 23. February 2011 Under Our Royal hand and Seal MARGRETHE r./Karen Ellemann Official notes 1) Act contains provisions that implement elements of Council Directive 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 most recently by Council and European Parliament Directive 2003/35/EC of 26. May 2003 on public participation in connection with the drawing up of certain plans and programmes relating to the environment and amending Council directives 85/337/EEC and 96/61/EC, with regard to public participation and access to justice, the official journal of the European Union 2003, nr. L 156, p. 17, parts of the European Parliament and of the Council Directive 2008/1/EC of 15. January 2008 concerning integrated pollution prevention and control, the official journal of the European Union 2008, nr. L 24, p. 8, parts of Council directive 2009/147/EC of 30. November 2009 on the conservation of wild birds (birds directive), the official journal of the European Union 2010, nr. L 20, page 7, and parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (the habitats directive), the official journal of the European communities, 1992, nr. L 206, p. 7, as amended most recently by Council Directive 2006/105/EC of 20. November 2006, the official journal of the European Union 2006, nr. L 363, page 368.

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