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Notice On The Notification Scheme In Accordance With The Nature Protection Act § 19 B And Forest Law § 17

Original Language Title: Bekendtgørelse om anmeldelsesordningen efter naturbeskyttelseslovens § 19 b og skovlovens § 17

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Publication of the notification system in accordance with Section 19 (b) and forest law of the protection of nature 1)

In accordance with section 19 b (b), 6, section 71, paragraph 1. 2, in the law of nature conservation, cf. Law Order no. 933 of 24. September 2009, and section 17 (3). 5, section 43 and section 46 (6). 2, in the rule of forests, cf. Law Order no. 945 of 24. September 2009, shall be determined :

§ 1. In accordance with the provisions of Article 19 (b) of the natural protection laws, 1, in international nature protection areas, prior to the implementation of the activities referred to in Annex 2 to the Protection Act, other than those referred to in Article 19 b (1) of the protection of the natural protection laws. In the case of such cases, a written notification shall be made to the public authorities in writing to the public authorities responsible for assessing the impact of the activity on the territory, taking into account the conservation objectives of the area.

Paragraph 2. Similarly, pursuant to section 17 (5) of the forest law, 1, in international nature protection areas, shall be published in writing to the Natural Management Board before the implementation of the activities referred to in Annex 1 in the Forest Law, except in section 17 (1). In particular, the case of the Natural Management Board shall carry out an impact assessment of the activity ' s impact on the territory, taking into account the conservation objectives of the area.

§ 2. Before the authority decides whether to respond to the received notification, cf. Article 19 (b) of the natural protection law. 4, and Section 17 (3) of the Forest Law. 3, the Authority shall make an assessment of whether the activity itself, or in any other plan or projects, will significantly affect a Natura 2000 area.

Paragraph 2. Where the authority assesses that the reported activity may significantly affect a Natura 2000 area, a further impact assessment of the effects of the activity on the Natura 2000 area must be carried out, taking into account the conservation objectives of the area ; in question.

Paragraph 3. The authority shall, in its assessment of paragraph 1, shall : 2 of a proposed change in the operation of an area due to the change of the area ' s contribution to the diffuse and indirect nitrate leaching for the laying down of the Natura 2000 water area shall be weighed down by the reduction in nitrate-leaching, which : the pursuit of the Natura 2000 plans and plans and plans, as well as other legislation and concrete projects. Contribution to a diffuse and indirect nitrate leaching means that the washing out of the area is not in itself likely to result in a measureable effect in the Natura 2000 area concerned.

Paragraph 4. The authority shall, in its assessment of paragraph 1, shall : 2 of a notified change operation of the operation of an area assessment of whether or not the merging by the notified activity in itself or in relation to other plans and projects may contribute to an upward trend in the overall overall, the foregoing of a lowering of the laying down of the Natura 2000 river basin. If the notified operation change cannot contribute to this, the competent authority shall disregard any such notification. contributions to the washing of phosphoes resulting from the declared operation and which, in itself, will not be able to cause a measureable impact in the relevant Natura 2000 water area.

Paragraph 5. If the authority assesses the need to make a more detailed assessment of the activity, including obtaining further information before the authority can further impact assessment of the notified activity, the competent authority shall take a decision on this matter before the end of the exercise ; the end of the fixed four weeks period, cf. Article 19 (b) of the natural protection law. 4, and Section 17 (3) of the Forest Law. 3.

§ 3. The impact assessment of the authority is that it cannot be ruled out that the activity may harm the international nature protection area, before the expiry of the deadline of the section 19 b (b) of the natural protection law. 4, and Section 17 (3) of the Forest Law. 3, bring in section 19 c-19 f and the section 18-21 of the forest law, in order to mitigate the damage.

Paragraph 2. The activities referred to in Annex 2 to the Protection Act and Annex 1 to the Forest Act cannot be considered to be justified in the grounds of essential social interests, including social or economic reasons.

§ 4. The announcement shall enter into force on the 15th. July 2012.

Paragraph 2. Versenting cases in 1. instance shall be dealt with by the municipality boards in accordance with the rules laid down in this notice. Complaints of the municipal management decisions following this notice and pending proceedings at the Agency for the Environment and the Environment Board shall be treated in accordance with the rules laid down in this notice.

Paragraph 3. Publication no. 101 of 11. February 2011, on the notification system in accordance with section 19 b and forest law of section 17 of the protection of nature.

The Ministry of Environment, the 25th. June 2012

Ida Auken

/ Agnete Thomsen

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 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 (Habats Directive), EC-1992. 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.