Ordinance On The Rules Of Procedure Of The Complaints Board For Nature And Environment

Original Language Title: Bekendtgørelse om forretningsorden for Natur- og Miljøklagenævnet

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Publication of the Rules of Procedure of the Nature and the Environment Board

In accordance with section 2 (2), 4, section 11, paragraph 1. 2, section 12 (2). 4, and Section 13 of Law No 483 of 11. The year 2010 on the Agency for the Environment and the Environment Board shall be fixed as follows :

Scope of application

§ 1. The announcement shall apply to the processing of cases by the Committee on the Environment, Public Health and Consumer Protection, after the laws, after which the nature of the Nature and the Environment Board is to be used as a public service.

The President and his delegates

§ 2. The Chairman of the Agency for the Environment and the Environment Board shall organise the work of the Board.

Paragraph 2. The Chairman will head the Bureau of the Board. The secretariat shall assist the chairman with the organisation of the work of the juror. The secretariat is preparing cases for a decision and shall ensure that the cases are adequately informed, cf. § 14.

§ 3. The President may be a representative of the Board of the Board who has passed the legal candidate's examination, temporarily acting as proxy for the chairman in specific case types.

Paragraph 2. The President shall establish procedures and order for the processing of the complaints received. The President may, in particular, establish different procedures, in particular, in order to ensure the shortest possible case processing times.

Paragraph 3. The chairman shall decide on the way in which the cases are shared between the chairman, the firm and the temporary deputies. In cases distributed to a delegate, this shall carry out the powers conferred on the notice to the President.

Reduction of visitation committees

§ 4. The Environment Minister shall set up 6 business committees :

1) A committee covering matters under the law on the protection of the environment, the law on pollution of the environment, the law on soil, the law on access to environmental information, legislation on environmental authorisation, etc. of livestock farming, law on the organisation and economic organisation of the water sector conditions and legislation on the eco-design of energy-consuming products.

2) A committee that covers the cases according to the law on chemical substances and products.

3) Two committees that cover the cases, on the protection of the marine environment, on the dumping of recorded catfish material, cf. the section 26 of this law and on the taking of enquiries as of section 45 a, cases of quick-speed decisions, in accordance with section 45 (a), respectively. announcement concerning the environmental approval of fast ferries.

4) A committee that covers cases according to law on the environment and genetic engineering.

5) A committee that covers environmental damage cases.

Paragraph 2. The committees shall consist of a number of members designated by the Environment Minister, among the experts who have been appointed by the experts until 4 years at a time according to the recommendation of the property-entitled organisations, according to the Law on the Nature and the Environment Board, the law on chemical substances and products, the protection of the marine environment and the law of the environment and genetic engineering.

§ 5. For the Committee, after paragraph 4 (1), 1, no. 1, the members of the members of the board who are members of the board who are nominated after Section 3 (3) shall be designated. Two, in the Natur and the Environmental Protection Board. DI-Organization for business, Labour Business Affairs Council, the Crafts Council and Agriculture and Food are nominated each 1 member. Denmark's Natural Friction Association, the WWF World Fund, Danish Ornithological Association, the Council of Frits and Denmark's Sports Association, together with 4 members.

§ 6. For the Committee, after paragraph 4 (1), 1, no. 2, the members of the appointed members of the Board shall be designated as nominated in accordance with section 55 (5). 2, in the case of chemical substances and products. The DI Organization of Business, Agriculture and Food and Dansk Gartneri nominal each 1 member. Denmark's Natural Friction Association, WWF WWF World Fund, Danish Ornithological Association, the Council of Frits and Denmark's Sports Association, together with three members.

§ 7. For the Committee, after paragraph 4 (1), 1, no. 3, which shall cover the cases of dumping of recorded sea material, 10 members of the board members of the board members nominated in section 51 (3). 2, in the protection of the marine environment. Danish ports, the United States of Denmark and City and Port of Denmark are nominating two members, Denmark's Fisheries Association nominates 1 member, United Federation of Danish Ral and Sandsuckers nominates 1 member and the Labour Council of Vocational Movement nominates 1 member. Denmark's Natural Friction Association, WWF WWF World Fund, Danish Ornithological Association, the Council of Frits and Denmark's Sports Association, together with five members.

§ 8. For the Committee, after paragraph 4 (1), 1, no. 3, which shall cover the cases of the environmental approval of fast ferries, the appointment of 6 members of the board members nominated in section 51 (3). 3, in the protection of the marine environment. The Billers 'Rederivatives, Denmark's Rederivatives' Association, and the Danish Navigate Society, are nominating every 1 member. Denmark's Natural Friction Association, WWF WWF World Fund, Danish Ornithological Association, the Council of Frits and Denmark's Sports Association, together with three members.

§ 9. For the Committee, after paragraph 4 (1), 1, no. 4, the members of the nominated member of the Board shall be designated as nominated in section 34 (2). Two, in law on the environment and genetic engineering. DI-Organization for business, Labour Business Affairs Council, the Crafts Council and Agriculture and Food are nominated each 1 member. Denmark's Natural Friction Association, the WWF World Fund, Danish Ornithological Association, the Council of Frits and Denmark's Sports Association, together with 4 members.

§ 10. For the Committee, after paragraph 4 (1), 1, no. 5, the 10 members of the appointed members of the board who are members of the board who are nominated after paragraph 3 (1). 2 and 3, in the Natur and Environment Board board. DI-Organization for business, Labour Affairs Council, the Danish Board of Workers, Agriculture and Food, the United Federation of Danes Ral and Sandsugers, Denmark's Rederivatives and Danish Forest Society are nominating 5 members. Denmark's Natural Friction Association, the WWF World Fund, Danish Ornithological Association, the Council of Denmark, Denmark's Sports Association and Denmark's Jægeralliance, together with five members.

Visitation

§ 11. Members of the Committee of the Office and the seven members appointed by Parliament and the two members appointed by the Supreme Court shall receive at least once a month for information on the matters that have been submitted to them in the case of the Member States ; the scope of the relevant committee, respectively, of the board of the physician, shall cover the period in question during the period concerned.

Paragraph 2. The orientations of individual cases shall contain information on the case of the case and whether the case is subject to a decision,

1) as the Presidency,

2) of the board in the expert composition,

3) by the board of the physician, or

4) by the Board of the Composition referred to in Section 7 of the law.

Paragraph 3. In cases referred to in the case of the examination of the board with a different composition other than the one provided for in the other legislation, the information shall also contain a justification for it. Information on these matters must be sent to the cavitation committee concerned and to the seven members appointed by the parliament and the two members appointed by the Supreme Court.

Paragraph 4. In cases of non-complex cases or cases, if a judgment is based on a legal assessment, the orientation of paragraph 1 may be notified. One after the case is settled, cf. Article 12 (2) of the law. The information shall indicate that the case is covered by the section 12 (1) of the law. Two, and whether the case is settled.

Paragraph 5. Except in cases covered by paragraph 1. 2, no. 4, or paragraph 1. 4 the chairman or his representative shall lay down a period for the submission of objections after sections 12 and 13. The deadline can only under exceptional circumstances be less than a week.

Paragraph 6. The members of the Committee of Inquisition and the seven members appointed by Parliament and the two members appointed by the Supreme Court shall be informed on the basis of the decisions taken by the relevant committee in the field covered by the Committee concerned ; The board of the physician's composition covers. The scope of the orientation shall be determined by agreement with the visitation committees and the board of the physician composition.

objections to the resolutions on the President-in-Office

§ 12. If a member of the cavitation committee is objecting, a case that may be dealt with by the board in the expert composition shall not be determined by the chairman or any representative of this subject unless a majority of the Committee on Legal Affairs and Office of the Committee on Legal Affairs or Office of the Office shall be subject to the approval of the Committee, Members at the request of the chairman or any representative of this decision may be determined by the President or the Deputy.

Paragraph 2. If any member of Parliament or the Supreme Court has objected, a case that may be dealt with by the Board of the Committee may not be determined by the chairman or a deputy for this purpose unless a majority of the Board of the Board shall be appointed by a majority in it ; doctor composition at the request of the chairman or any representative of this decision may be decided by the President or the Deputy. The chairman shall not participate in this Decision.

Paragraph 3. Paraguation 1 and 2 shall not apply to uncomplicated cases and dossiers whose decision alone is based on a legal opinion.

Appointment of a decision on the composition of the latter

§ 13. If a member of the visitation committee wishes to do so, the Chairman or a deputy shall present the decision of the chairman or deputy in accordance with the provisions of Article 6 (6). 1, to move a case to the doctor composition of the board, to the vote in the Committee. A majority of the members of the Committee on Legal Affairs may amend the decision of the chairman or delegate.

Paragraph 2. If a Member of Parliament or the Supreme Court has appointed it shall, the Chairman or a deputy for this purpose shall present the decision of the President or a deputy in accordance with the provisions of Article 6 (6) of the law. 2, to move a case to the expert composition of the Board, to the vote, among the Members of Parliament and the Supreme Court appointed members. A majority of the members of parliament and the Supreme Court nominated members of the Board may amend the decision of the chairman or delegate.

General rules on the preparation and treatment of the parties

§ 14. If the parties and the authorities of the case have not received a notice of appeal, the Secretariat shall ensure that.

Paragraph 2. The secretariat shall send a confirmation of the complaint to the complainant and to any other party in the case, specifying the expected case processing time if the appeal is entered for processing.

Paragraph 3. The secretariat may, on behalf of the Board, lay down the time limits for the opinion of the parties, the other authorities concerned, external experts and so on for the purposes of handling the case.

Paragraph 4. The secretariat may, on behalf of the Board, carry out inspection and conduct meetings with one or more of the parties involved.

§ 15. The Member may issue letters and other documents without signature or with a typed signature or a type of signature or a similar document, and such a document shall be treated as a legal document with a document with a personal signature, cf. Act 13 a.

§ 16. Any complaints may, at any time, before the final decision of the Board has been notified to the parties concerned, waibdown its complaint. In that case, the case shall be suspended unless the case is on the other side of the case.

§ 17. In matters which are handled by the board in the expert composition, the President or a deputy decides on whether the matter should be dealt with in a meeting or on a written basis, cf. however, paragraph 1 2.

Paragraph 2. If any of the members who have been appointed to deal with the case, want to do so, a meeting is to be held on the matter.

§ 18. The Board shall determine whether the board is to be inspecting a case, and whether the Board shall hold a meeting with the parties and, where appropriate, to the other interested parties.

Paragraph 2. In the case of peace in accordance with Chapter 6 of the Natural Protection Act, the Board shall, as a starting point, make visual inspection and hold a meeting, cf. paragraph 1.

Paragraph 3. The secretariat shall send a written invitation to take part in a visual inspection or to meet at least two weeks 'notice at least two weeks' notice, subject to a minimum of four weeks 'notice, at least two weeks' notice.

§ 19. Meetings and inspection in matters for which parties and interested parties are invited shall be publicly available, unless the exception of the derogation determines otherwise. However, such access for anyone other than the name of a property or premises which are not available to the public shall, however, require the approval of the owner.

Paragraph 2. Those who are invited to the sitting must have the opportunity to speak out on the matter.

Paragraph 3. The Board may allow the discussion to be in the proceedings referred to in paragraph 1. 1 meetings shall be recorded on sound or videotape.

Paragraph 4. In matters which are dealt with by the Board of Medicare or of the Composition referred to in Section 7 of the Act and where they are held in paragraph 7, the following shall be taken into consideration. 1. where there is a general meeting, the quotas of the jury shall normally be in favour of this. If the quota is to be postponed to a later meeting, only the members of the members who have been in the inspection and the meeting may participate in the subsequent voting.

20. The discussions that you have made are not publicly available. The chairman or deputy determines the extent to which a consultant, which is assisted in a specific case, and the staff of the Board of the Board may be able to witness the discussions of the jury.

Decision of the environment and the Agency for the Environment

§ 21. In the case of non-presidential proceedings, the decision shall indicate the members involved in the proceedings and the votes on which the decision has been taken.

Paragraph 2. If a member of the board has been given a position which differs from the majority, the name of the person concerned and the reason for the standpoint of the jury shall indicate the name of the decision.

Paragraph 3. The members of the Board shall not express public opinion on the outcome of the discussion in a specific case before the decision is notified to the parties.

Paragraph 4. The President shall ensure that the decisions of the Board shall be sent as soon as possible after the deliberations have taken place.

§ 22. The Vice-President or a deputy may, at any time, make the obvious flagrant errors relating to the words, names or numbers, of all calculations, and such errors and forgetings, which are solely related to the form of the decision. The corrected decision shall replace the original one.

Publication of the juries ' s practices and so on and presentation of the annual report

-23. The Board shall publish lists of experts appointed by experts on the various legal areas of the Board ' s website with a brief description of their expertise and who has suspended the person concerned.

Paragraph 2. The Board shall publish on the website regularly or at appropriate intervals, and shall report separately for the fundamental decisions of the jury.

Paragraph 3. Every year before 1. In June, a report on the activity of the jury shall be drawn up in the preceding calendar year. The report shall contain information on the latest practices of the jury, the case processing times and the case number, including a statement of the fundamental decisions of the jury. The report is sent to the Environment Minister and published on the Board's website.

Paragraph 4. The annual report shall also include an inventory of :

1) the number of cases determined by the board of the physician composition of the board of the expert composition, including the number of cases determined by the board in a different composition other than the one in the predetermined and the number of cases settled ; of the composition of the composition of the Act of the Act, and

2) the number of cases settled by the Presidency.

Performers

§ 24. A qualified member appointed by the Board may be completed processing pending cases for which the member has been designated to treat.

Entry into force

§ 25. The announcement shall enter into force on 1. August 2012.

Paragraph 2. Publication no. 1097 of 17. September 2010 of the Rules of Procedure of the Nature and the Environment Board shall be repealed.

The Ministry of Environment, 16. June 2012

Ida Auken

/ Helle Pilsgaard