Decree On The Regulation Of Non-Commercial Boating On Territorial Waters With Watercraft Etc.

Original Language Title: Bekendtgørelse om regulering af ikke-erhvervsmæssig sejlads på søterritoriet med vandscootere m.v.

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Decree on the regulation of non-commercial boating on territorial waters with watercraft etc. 1)

Pursuant to article 29, paragraph 1, and section 89, paragraph 3, of the law on nature protection, see. lovbekendtgørelse nr. 933 of 24. September 2009, fixed: § 1. The notice includes non-commercial boating on territorial waters with watercraft, is meant as a vessel with a length of less than 4 m, who has built an internal combustion engine with water jet pump as main propulsion, and which is intended to be operated by a person or persons sitting, standing or kneeling on – rather than in-hull.

(2). The notice shall apply mutatis mutandis to the non-commercial boating with hovercraft and other motor sports vessels of a similar nature that are designed to be performed by persons who are sitting, standing or kneeling on – rather than in-hull.

§ 2. Sailing with the vessel subject to § 1 shall be prohibited in the following areas: 1) areas after law on environmental objectives, etc. for water bodies and international nature protection areas (environmental target practice law) is designated as the international nature protection areas.

2) game reserves created in accordance with the law on hunting and wildlife management.

3) landforms on territorial waters and fishing territory created in accordance with the protection of nature including ordinances.

§ 3. Outside the areas covered by section 2, is sailing with vessels covered by article 1 shall be prohibited within 300 meters from the coastline. Without prejudice to other regulations, however, it is allowed to put the vessel into the water from the shore or from ports.

(2). The voyage must be within 300 meters from the coastline occur at a rate of a maximum of 5 knots perpendicular to the shoreline. There must only be carried out direct passage of 300 metre zone.

(3). By loading in ports, water scooters follow sailing race to and from the port, unless the port regulations decides otherwise.

§ 4. The Municipal Council may after a concrete assessment exempt from §§ 2 and 3 for events of interest to the public.

(2). The Municipal Council shall ensure, when processing an application for a derogation in the case of sailing within the section 2, paragraphs 2 and 3, referred to areas that achieved the necessary waiver from other authorities in relation to other rules in these areas.

§ 5. By decision pursuant to section 4 shall apply the rules laid down in Decree No. 408 of 1. May 2007 concerning the designation and administration of international nature conservation areas and the protection of certain species (habitat executive order) apply mutatis mutandis.

§ 6. Municipal councils responsible for supervising compliance with the Executive order.

§ 7. Violation of § 2 and § 3 punishable by fine.

(2). That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.

§ 8. The notice shall enter into force on 27 November. January 2012.

(2). Executive Order No. 1315 of 20. November 2006 on the regulation of the use of personal watercraft, etc. shall be repealed.

The Ministry of the environment, the 6. January 2012 Ida Auken/Sven Koefoed-Hansen Official notes 1) Ordinance contains provisions that implement elements of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive), the official journal of the European communities, 1992, nr. L 206, p. 7, as last amended by Council Directive 2006/105/EC of 20. November 2006, the official journal of the European Union 2006 nr. L 363, page 368 and parts of the European Parliament and of the Council directive 2009/147/EC of 30. November 2009 on the conservation of wild birds, the official journal of the European Union 2009, nr. L 20, page 7. The Ordinance contains provisions implementing parts of a European Parliament and Council Directive 94/25/EC of 16. June 1994 on the approximation of the laws of the Member States ' laws, regulations and administrative provisions relating to recreational craft, OJ l 164, p. 15, as amended by European Parliament and Council Directive 2003/44/EC of 16. June 2003, OJ L 214, p. 18.