Notice On The Dumping Of Busy Seabed Material (Dismantling)

Original Language Title: Bekendtgørelse om dumpning af optaget havbundsmateriale (klapning)

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Notice on the dumping of busy seabed material (dismantling)

Pursuant to §§ 28, 48, paragraphs 1 and 2, and § 61, paragraph 1, of the law on the protection of the marine environment, see. lovbekendtgørelse nr. 929 of 24. September 2009, fixed: § 1. For the purposes of this order: 1) Dismantling: dumping of recorded material, for example, from seabed dredging, dredging and port, as well as cable and pipeline builders working on the seabed.

2) analysis: Increase of one published water depth.

3) Purification: Maintenance of a published water depth.

4) workspace: The area from which the seabed material wanted removed.

(2). The seabed is limited compared to the Mainland by middelvandstandslinien.

§ 2. Size means it must not take place without prior consent.

(2). Application for permit for dismantling are submitted to the Agency.

§ 3. The application must contain information about: 1) the type and quantity specified in m3 and tons of the material to be applauded (clay, mud, sand, etc.), as well as information about whether this stems from dredging or deepening. The information is distributed on each task.

2) information on the material content of polluting substances, in accordance with article 3. the law's annex 2, including the material, physical, chemical, biochemical and biological properties.

3) indication of the workspace traced on a map or equivalent to scale map material with indication of position.

4) Proposal for folding space traced on a map or equivalent to scale map material with indication of position.

5) indication of the thickness of the sedimentlag to be removed. Including specified depth before and after activities.

6) timetable for the activities.

7) Flap method and harvesting method.

8) Assessment of possibilities for recovery or other handling of the material.

(2). For the under nr. 5 information provided can nature agency require documentation in the form of benchmark plans.

(3). Application for authorisation to hitch up in connection with dredging or construction works shall be accompanied by information on the occurrence of the Coast Directorate is authorized activities, or whether the application is submitted.

(4). Nature agency may require the applicant to undertake analyses of the content of pollutants, etc. in a laboratory, which is accredited by the Danish accreditation and Metrology Fund (DANAK) or an equivalent accreditation body that is a signatory of the EA (European co-operation for Accreditation) multilateral agreement on mutual recognition. Nature agency can devise special methods of sampling and analysis. Sampling positions must be indicated on the sea charts or equivalent to scale map material.

(5). Analysis must be performed, if the application includes more than 10000 tons of material, unless it is deemed obvious that it is not contaminated. This assessment is made by the Natural Agency.

§ 4. Prior to this decision shall be taken in accordance with article 26, paragraphs 2, 3 and 5, the application must be submitted to the Fisheries Directorate-General, Danish maritime safety administration, as well as the heritage agency for an opinion.

(2). Nature agency can with the authorities referred to in paragraph 1, the opinion of agreement specified quantities or positions not to be obtained in each case.

§ 5. A permit may be granted for a period of not more than five years.

(2). The permit shall contain conditions concerning the use of the site, flap flap square's location traced on charts or equivalent to scale map material with information about position, information about folding volume in m3 and tons and the period of validity of the permit. If a permission is granted for more than twelve months, must also decide whether it is necessary to establish conditions of regular sediment studies.

(3). The permit shall contain conditions concerning the notification to the Agency about the beginning and end, as well as on klapningens the volume in cubic metres and tonnes of folded material, cf. § 8.

(4). In the permission can be included provisions for a folding square may not be used in parts of the authorisation period.

(5). Nature agency may impose additional conditions, terms of control and security measures, as well as for subsequent studies on folding square.

§ 6. A permission may at any time be changed or withdrawn, when the protection of the marine environment, the safety of navigation or genes in relation to third parties makes this necessary.

§ 7. Nature agency supervises the compliance with conditions and asked that klapningen incidentally performed appropriately. Also be carried out during and after klapningen the supervision of conditions of folding square.

§ 8. Under the direction of klapningens commencement shall, unless an earlier date is determined, be nature agency not later than eight days before the date on which klapningen is intended to be started. Notification of end of klapningens as well as on the amount of material stated in the m3 and applauded tonnes must be submitted to nature Agency immediately after the end of the klapningen.

(2). Klapningen is interrupted for more than three months must be submitted new notification under paragraph 1 1. Pkt. Notification of the amount of material stated in the m3 and applauded tonnes must be submitted at least once a year, no later than 1. February. The notification shall cover the previous calendar year. Notification after 2. and (3). point given, even if the permit has not been used during the previous calendar year.

§ 9. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who: 1) carry out or have carried out hitch up without permission, see. § 2, 2) supersedes the terms of a permit, or 3) violates section 8.

(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is 1) caused damage to the environment or caused danger for doing so or 2) achieved or intended an economic advantage for the person himself or others, including savings.

(3). Paragraph 2 shall not apply to offences committed by foreign vessels, unless the offence is committed in internal territorial waters. For infringements committed by foreign vessels in the outer territorial waters may increase to prison in punishment up to 2 years, in the case of wilful and serious pollution of the marine environment.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 10. The notice shall enter into force on the 24th. January 2011.

(2). Applications that are submitted before 24. January 2011, but not is pending on that date, finalized by nature Agency in accordance with the provisions of this Ordinance.

(3). Executive Order No. 1406 of 7. December 2007 about the dumping of busy seabed material (dismantling) is repealed.

The Ministry of the environment, the 7. January 2011 Karen Ellemann-Jensen/Helle Pilsgaard