Advanced Search

Notice Of Construction And Protection Lines

Original Language Title: Bekendtgørelse om bygge- og beskyttelseslinjer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Stranding Line
Chapter 2 Multi-annual energy crops in the sea and in the protection line
Chapter 3 Signature
Chapter 4 Entry into force into force

Conventing of construction and protection lines 1)

In accordance with section 15 (1). 5, section 16 (4). 4, section 67 (4). 2, section 69 (3). 5, and section 87 (3). 5, in the law of nature conservation, cf. Law Order no. 933 of 24. September 2009, as amended by Section 1 of law no. 553 of 1. June 2011 and section 18 of law no. 1273 of 21. December 2011 :

Chapter 1

Stranding Line

§ 1. The provisions of Article 15 (3). 1 shall not apply to :

1) digs, courseers, hooks and other installations and measures carried out as part of a coastal protection of several properties along the coast and subject to authorisation in advance under the law of coastal protection ;

2) equipment, exolation or area transfer, laying down the equipment for installations and measures to be taken in accordance with paragraph 1. 1, and

3) such baths and boat bridges, which are covered by the statement by the Ministry of Transport on baths and boat bridges.

Paragraph 2. Establishment of coastal protective measures and baths and boat bridges, cf. paragraph 1, no. 3, shall not prevent or hamper public access to the natural environment, cf. Article 22 (3) of the law. 3.

The Forest Building Bar

§ 2. Before a decision is taken on a derogation from the provisions of section 17 (3) of the law. 1, on the forestry structure line, the municipality board shall give the bulk-weighing the opportunity to express its opinion on the application.

Chapter 2

Multi-annual energy crops in the sea and in the protection line

§ 3. The prohibition in the section 16 of the law. The 1 against planting shall not apply to planting for the cultivation of multi-annual energy crops planted outside areas designated as international nature conservation areas.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall apply to planting for the purposes of the cultivation of multi-annual energy crops of the following species ;

1) the pileup (Salix sp. )

2) The poppelanceene (Poppulus sp. )

3) divulis (Alnus glutinosa),

4) ash (Fraxinus excelsior) and

5) hazel (Corylus avellana),

were planted in pure or mixed stock and harvested at least every 10 years. In areas where forest planting is unwanted according to a final adopted municipality plan or municipality supplement, no more space must be harvested than every five years.

Paragraph 3. Multi-annual energy crops that have been planted as mentioned in paragraph 1. Paragraph 1 shall not be harvested as referred to in paragraph 1. 2, shall be considered as afforestation ; that is to say : planting which cannot be carried out without prior derogation from the municipal management board under the section 65 (5) of the law. 2.

§ 4. Areas more than 300 m from an international nature protection area may be planted with the multi-annual energy crops referred to in section 3, where the local authorities have approved that the plan will not harm the international community, nature protection area, cf. Section 16 (4) of the law. 3.

Paragraph 2. The local authority shall, at the time of its decision, be by its decision in accordance with Article 16 3, assess whether the planting may significantly affect the international nature protection area. Where the local authorities assess that the planting may significantly affect the area, a further impact assessment of the effects of the plantation on the territory must be carried out in the field of the conservation objectives of the area concerned. If the assessment indicates that the planting will damage the international nature protection area, approval shall not be granted to the application.

Chapter 3

Signature

§ 5. The local authority shall notify decisions relating to the section 16 to 19 of the Act as follows :

1) the addressable address of the decision,

2) the owner of the property to which the decision relates ;

3) Fish and Wildlife

4) public authorities, which must be considered to be of interest in the case.

Paragraph 2. The Board of Natural shall make a written report on the section 15 of the law in accordance with paragraph 1 1, no. 1-2 and 4 of the said persons and authorities.

Paragraph 3. The people in paragraph 3. The decisions of 1 and 2 shall also be notified in writing to the following associations and organisations, provided that they have requested the Council of Natural Administrative Board, respectively, to the Board of Nature,

1) local associations and organisations, which have a significant interest in the decision,

2) national associations and organisations whose principal aims are the protection of nature and the environment ; and

3) national associations and organisations, which, after their purpose, provide significant recreational interests where the decision concerns such interests.

Paragraph 4. The Municipal Management Board, respectively, of the Natural Management Board, notification of derogations from the provisions of section 15 to 19 of the Law, must contain information that derogations should not be used before the time limit has expired and that the timely complaint has been set up in time, effect of the complainated decision, unless the court decides otherwise, cf. Article 87 (3) of the law. 3.

Paragraph 5. The Municipal Management Board ' s notification of decisions pursuant to Article 16 (4) of the law. 3, cf. Section 5 of this notice to indicate that planting will not prejudice the international nature protection area shall indicate that a timely complaint has effect on the complainated decision, unless the court decides otherwise, cf. Article 87 (3) of the law. 3.

Paragraph 6. The Municipal Board, the Natural Management Board, shall give it the notification, notification, of an appeal lodged and the soaptial effect of the complaint.

Publication of decisions

§ 6. The Municipal Board, the Natural Management Board, shall publish derogations from the provisions of section 15 to 19 and decisions of the law in section 16 (4). 3 that planting will not prejudice an international nature protection area if the decisions are considered to be of greater importance or of general public interest. In addition, other such decisions shall be published when they are not of subordinate importance and they may be regarded as having an interest in other grietable complaints than those notified in accordance with the rules laid down in Section 5 (5). One and three.

Paragraph 2. Publication shall be carried out in accordance with the detailed rules of the Natural Management Board or the Competing Board and may be carried out solely on the home of the Natural Order or the municipality ' s website.

Paragraph 3. The publication in accordance with paragraph 1. 2 shall contain information on :

1) the main content of the decision,

2) the properties or parts of the properties covered by the decision ;

3) the location or place where the decision may be presented, and

4) The hall of applause.

Paragraph 4. The Board of Appeals, the Natural Management Board, shall publish the decision of the Board of Appeal in a complaint file after the appeal of the public office. Publication can be made solely on the home sides of the local authorities, of the Natural Management Board or the Board of Compeers.

Publication of the environmental minister's decisions on the lifting of the construction and protection lines

§ 7. The local authorities shall publish the decisions taken by the National Council of nature under the laws of the Act of Article 69 (1). 1, concerning the amendment or lifting of the building and protection lines in the sections 8 and 15 to 18.

Paragraph 2. Publication shall take place in accordance with the provisions of section 6 (6) of the notice. 2, and paragraph 1. 3, no. 1-2.

Chapter 4

Entry into force into force

§ 8. The announcement shall enter into force on 2. January 2012.

Paragraph 2. Publication no. 824 of 1. July 2011 on the construction and protection lines are hereby repealed.

The Ministry of Environment, 21. December 2011

Ida Auken

/ Sven Koefoed-Hansen

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 European 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 (EC Habitats Directive), EC Title 1992, nr. 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.