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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Ordinance on the rules of procedure of the complaints board for nature and environment

Under section 2, paragraph 4, article 11, paragraph 2, article 12, paragraph 4, and section 13 of the Act No. 483 of 11. May 2010 about nature and environmental complaints Board determined: scope



§ 1. The notice applies to natural and environmental complaints Board's treatment of cases in accordance with the laws of nature and environment, according to which the complaints board is the appeal authority.

The President and his deputies



§ 2. The Chairman of the Nature-and Environmental complaints board shall organise the Committee's work.

(2). The President Director the Board's secretariat. The Secretariat shall assist the President with the Organization of the Committee's work. The Secretariat prepares cases for decision and shall ensure, including that the cases are adequately illuminated, see. § 14.

§ 3. The Chairman may authorize an employee of the Board's secretariat, which has a Bachelor degree, to temporarily act as a substitute for the President in specific types of cases.

(2). The President shall lay down the procedures and order of processing of the complaints. The Chairman may establish different procedures including, inter alia, in order to ensure the shortest possible processing times.

(3). The President decides how the cases are distributed between the President, the permanent and temporary substitutes. In cases that are allocated to a delegate item takes this to the powers assigned to the President, according to the notice.

Reduction of visitation committees



§ 4. The Minister of the environment decreases 6 visitation committees: 1) a selection covering the cases in accordance with the law on environmental protection, law on planning (certain EIA cases), law on contaminated land, law on public access to environmental information, the Act on environmental approval etc. of livestock farming, law on water sector organisation and economic circumstances and law on eco-design of energy-using products.

2) A Committee, which covers the cases in accordance with the law on chemical substances and products.

3) two committees, covering the cases in accordance with the law on the protection of the marine environment on the dumping of busy seabed material, see. This law, section 26, and on making studies thereof pursuant to section 45 a, respectively, cases concerning decisions on fast ferries, see. Executive order on environmental approval of hurtigfærge routes.

4) A Committee, which covers cases in accordance with the law on the environment and genetic engineering.

5) A Committee, which covers cases of environmental damage.

(2). The committees consists of a number of members, who are appointed by the Minister for the environment among the expert members of the Committee for up to four years at a time, upon a proposal from the preference eligible organisations pursuant to the Act on nature and environmental complaints, Act on chemical substances and products, law on the protection of the marine environment and the law on the environment and genetic engineering.

§ 5. To the Committee under section 4 (1) (8). 1, appointed 8 members among the appointed members of the Committee, which is set in accordance with § 3, paragraph 2, of the law on nature and environmental complaints board. DI-Organisation for business, Business Council of the labour movement, Craft Council and Agriculture and food sets every 1 member. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet and the Danish sports fishing Federation sets together 4 members.

§ 6. To the Committee under section 4 (1) (8). 2, appointed 6 members among the appointed members of the Committee, which is set under section 55, paragraph 2, of the Act on chemical substances and products. DI-Organisation for business, agriculture and foodstuffs and Danish Nursery sets every 1 member. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet and the Danish sports fishing Federation sets together 3 members.

§ 7. To the Committee under section 4 (1) (8). 3, which should cover the cases of dumping of busy seabed material, appointed 10 members among the appointed members of the Committee, which is set under section 51, paragraph 2, of the law on the protection of the marine environment. Danish port, Danish Association of Private ports and City and Port sets together 2 members, the Danish fishermen's Association sets 1 member, Danish Association of Pebble-and-Sand cleaners sets 1 member and Business Council of the workers ' movement set 1 member. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet and the Danish sports fishing Federation sets together 5 members.

§ 8. To the Committee under section 4 (1) (8). 3, which should cover the cases of environmental approval of fast ferries, appointed 6 members among the appointed members of the Committee, which is set under section 51, paragraph 3, of the law on the protection of the marine environment. Bilfærgernes shipowners ' Association, Danish Shipowners ' Association and the Danish Navigator Association sets every 1 member. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet and the Danish sports fishing Federation sets together 3 members.

§ 9. To the Committee under section 4 (1) (8). 4, appointed 8 members among the appointed members of the Committee, which is set under section 34, paragraph 2, of the law on the environment and genetic engineering. DI-Organisation for business, Business Council of the labour movement, Craft Council and Agriculture and food sets every 1 member. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet and the Danish sports fishing Federation sets together 4 members.

§ 10. To the Committee under section 4 (1) (8). 5, appointed 10 members among the appointed members of the Committee, which is set pursuant to section 3, paragraphs 2 and 3, of the law on nature and environmental complaints board. DI-Organisation for business, Business Council of the labour movement, Craft, agriculture and Food Council, the Association of Danish Pebble-and-Sand cleaners, Danish Shipowners ' Association and the Danish Forest Association sets together 5 members. The Danish society for nature conservation, the World Wide Fund for nature, the Danish ornithological society, friluftsrådet, Denmark's sports fishing association and the Danish hunting Federation sets together 5 members.

Visitation



§ 11. The members of the Committee and the seven members of each visitation, which is appointed by Parliament, and the two members, who are appointed by the Supreme Court, at least once a month regularly get a briefing on the cases received to the Board within the territory covered by the said Committee cover, respectively, the Tribunal in the medicinal composition covered during that period.

(2). The orientation of the individual cases in brief form must contain information about what the case is about, and whether the case is boarded for a decision 1) as formandssag, 2) of the Committee of the expert composition, 3) of the Tribunal in the medicinal composition or 4) of the Board in the composition referred to in § 7.

(3). In the cases referred to treatment by the Committee with a different composition than that shown by the other law, the orientation must also contain a statement of the reasons therefor. Briefing on these matters must both be sent for that visitation committees and to the seven members who are appointed by the Parliament, and the two members, who are appointed by the Supreme Court.

(4). In uncomplicated cases, or cases where the decision is based solely on a legal assessment, orientation in accordance with paragraph 1 may happen after the case is decided, see. Article 12, paragraph 2. It must appear from the orientation that the case is covered by article 12, paragraph 2, and, if the case is settled.

(5). Except in cases covered by paragraph 2, nr. 4, or (4) the Chairman or his deputy shall fix a time limit for the submission of objections under section 12 and section 13. The time limit may only in exceptional circumstances, be less than a week.

(6). The members of the Committee and the seven members of each visitation, which is appointed by Parliament, and the two members, who are appointed by the Supreme Court, informed continuously about decisions within the area of Presidents, the Committee concerned shall cover, respectively, the Tribunal in the medicinal composition covers. The extent of the orientation determined by agreement with visitation committees and Board in the medicinal composition.

Objections to decisions about the decisions of Presidents



§ 12. If a member of the visitation Committee objections, can a case that under the legislation to be dealt with by the Tribunal in the expert composition, not determined by the President or a delegate for this, unless a majority of the members of the Committee on visitation at the request of the Chairman or a Deputy of this decides that case might be decided by the Chairman or delegate.

(2). If one of the Danish Parliament or the Supreme Court appointed a member objects, can a case that under the legislation to be dealt with by the Tribunal in the medicinal composition, will not be decided by the President or a delegate for this, unless a majority of the Board in the medicinal composition at the request of the Chairman or a Deputy of this decides that case might be decided by the Chairman or delegate. The Chairman shall not take part in this decision.

(3). Paragraphs 1 and 2 shall not apply to uncomplicated cases and cases where the decision is based solely on a legal assessment.

Objections against the decision of the Committee composition



§ 13. If a member of the visitation Committee wants it, to be the Chairman or a Deputy for this present President or a delegate's decision pursuant to section 6, paragraph 1, to move a case to the medical composition of the Board, to vote in the Committee. A majority of the visitation Committee members can change the President or a delegate's decision.
(2). If one of the Danish Parliament or the Supreme Court appointed Member wishes it, to be the Chairman or a Deputy for this present President or a delegate's decision pursuant to section 6, paragraph 2, whether to move a case to the Tribunal, the composition of the expert to the vote among those of the Danish Parliament and the Supreme Court designated members of the Committee. A majority of the Danish Parliament and Supreme Court by designated members of the Committee can change the President or a delegate's decision.

General rules on preparation and processing



§ 14. Have the parties and the authorities have taken a decision in the case, has not been informed of the lodging of the complaint, provides the Secretariat for this purpose.

(2). The secretariat will send a confirmation of receipt of the complaint to the complainant and any other parties to proceedings, with an indication of the expected processing time, if complaint admitted to treatment.

(3). The Secretariat may, on behalf of the Board establish deadlines for the submission of the opinion of the parties, other concerned authorities, external experts, etc. for use in these proceedings.

(4). The Secretariat may, on behalf of the Board carry out inspections and hold meetings with one or more of the parties.

§ 15. The Board can send out letters and other documents without signature or with mechanically reproduced signature or similar, and such a document shall be treated legally with a document with personal signature, see. section 13 of the Act (a).

§ 16. A complainant may, at any time before the Board's final decision is communicated to the parties to the proceedings, to waive his appeal. In this case, the lapse proceedings of the Board, unless the case is an appeal from the other side.

§ 17. In cases that are heard by the Tribunal in the expert composition, decides the President or a delegate for this, on the matter must be dealt with at a meeting or in writing on the basis of the basic regulation. However, paragraph 2.

(2). If one of the appointed members, which is taken to treat the matter, would it, held a meeting on the matter.

§ 18. The Tribunal determines whether the Tribunal will carry out inspection in a case, and whether the Committee should hold a meeting with the parties and, where appropriate, other interested in the matter.

(2). In matters of conservation after nature conservation Act Chapter 6 as a starting point, the Committee must carry out inspection and hold meeting, see. (1).

(3). The secretariat sends a written invitation to participate in a survey or a meeting with at least 2 weeks notice, as far as possible, in matters relating to conservation of nature conservation Act Chapter 6, however, after with as far as possible, at least 4 weeks notice.

§ 19. Meetings and inspections in cases in which the parties and interested persons are invited, is available to the public, unless the Committee exceptionally decides otherwise. Such access for other than the Tribunal for a property or sites, which are not publicly available, however, requires the owner's acceptance.

(2). Those who are invited to the meeting, shall be given the opportunity to comment on the matter.

(3). The Board may allow the discussions at the meetings referred to in paragraph 1 shall be recorded on audio-or videotape.

(4). In cases that are heard by the Tribunal in the medicinal composition or in the composition, as referred to in article 7, and where they are held in paragraph 1. the said inspections and meetings, the Committee now usually takes place in connection thereto. If their deliberations must be deferred to a later meeting, only the members who have been with the Visual inspection and meeting, to participate in the subsequent assessment.

§ 20. The Board's discussions are not publicly available. The President or a delegate determines the extent to which a consultant who assists the Board in a particular case, and employees of the Board's secretariat can attend the Committee's discussions.

Natural and environmental complaints Board's decision



§ 21. In cases that are not matters of Presidents, the decision shall state which members have participated in these proceedings, and by what vote decision has been taken.

(2). Have a member of the Board, a position that differs from that of the majority, the name of the person concerned and the reasons for the position in the Board's decision.

(3). Committee members may not speak out publicly about the outcome of the Board's discussions in a concrete case, before the decision is communicated to the parties.

(4). The Chairman shall ensure that the Board's decisions shall be circulated as soon as possible after the vote has taken place.

§ 22. The Board's President or a delegate may at any time correct obvious writing errors that relate to the words, names or figures, mere clerical errors and such errors and omissions, which only relates to the decision shape. The corrected decision takes the place of the original.

Publication of the Board's practices, etc., and presentation of the annual report



§ 23. The Tribunal publishes lists of the members of the different areas of law experts appointed on the Committee website with a summary description of their areas of expertise, and who have set up the question.

(2). The Board shall publish on the website on an ongoing basis or at regular intervals with the Board's decisions and the reasons including separately for the Board's fundamental decisions.

(3). Each year before 1. June to draw up a report on the Board's activities in the previous calendar year. The report shall contain information on the Committee's past practice, processing times and sagsantal, including an account of the Committee's fundamental decisions. The report shall be sent to the Minister and shall be published on the Board's website.

(4). The annual report shall also include a statement of 1) the number of cases decided by the Tribunal in the medicinal composition, of the Board of the expert composition, including how many cases that are decided by the Board in a different composition than the law intended, and the number of cases decided by the Tribunal in accordance with the § 7 composition, and 2) referred to the number of cases that is definitely as formandssag.

Withdrawing members



§ 24. An expert member resign from the Committee, can finalize pending cases, which the Member is appointed to deal with.

Date of entry into force of



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

(2). Executive Order No. 1097 of 17. September 2010 of the rules of procedure for natural and environmental complaints board are repealed.

The Ministry of the environment, the 16. June 2012 Ida Auken/Helle Pilsgaard