Law amending the law on watercourses, law on nature protection and law on planning
(Classification of public and private streams, waiver of requirements for an exemption in a number of cases, for the construction of settlements within the forest byggelinjen and simplification of the EIA process, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
In the Act on streams, see. lovbekendtgørelse nr. 1208 of 30. September 2013, shall be amended as follows: 1. Article 10 shall be replaced by the following: ' article 10. River Authority may decide that a stream is to be deleted from the previous class. '
2. Article 11 shall be replaced by the following: ' article 11. The Minister may lay down rules on the amended classification of rivers pursuant to section 10, on the River Authority's tasks in connection with changed classification and registration of streams. '
3. In article 12, paragraph 4, the words ', and details about the authentication scheme in accordance with paragraph 4 '.
The law on nature protection, see. lovbekendtgørelse nr. 951 of 3. July 2013, shall be amended as follows: 1. section 17 (2). 4 and 5, shall be repealed, and instead is inserted: ' 4) construction, which is commercially necessary for that property operation as agricultural or forestry property or for the pursuit of the fishing industry, and entered in relation to the property's existing settlement areas, 5) houses, caravans and similar. in the rural zone, for which the authorization is granted pursuant to section 35, paragraph 1, of the law on planning, 6) houses, caravans and similar. in the rural zone covered by the exemptions from the permit requirement under section 36 (1) (8). 3, 5, 7-9 and 13-15 of the basic regulation. However, section 36, paragraph 2, of the law on planning, 7) location of garages, carports, barns, greenhouses and similar buildings of a maximum of 50 m2 in urban areas, where these are recognised in association with residential houses and the construction does not result in the creation of a new home, and 8) building changes at residential houses in urban areas and cottage area, where housing area is not expanded. '
2. In § 17 paragraph 3 is added: ' (3). The prohibition in paragraph 1 shall apply only between the buildings and the Woods on lines where there is already substantial legal settlement closer to Woods than 300 m. ' 3. In article 18, paragraph 2, shall be inserted before the No. 1 as new number: ' 1) minor maintenance work on buildings, since the building height by tagarbejder only must increase insignificant '.
Nr. 1-3 is then no. 2-4.
Of the law on planning, see. lovbekendtgørelse nr. 587 of 27. may 2013, shall be amended as follows: 1. The footnote to the title of the Act is replaced by the following: ' 1) Act contains provisions implementing parts of the European Parliament and of the Council Directive 92/EU of 13 2011. December 2011 on the assessment of the effects of certain public and private projects on the environment (EIA Directive), the official journal of the European Union 2012, nr. L 26, page 1, parts 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 amended most recently 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, p. 7. '
2. In article 3, paragraph 3, section 11 (h), (2). 4, there will be no. 2, section 51, paragraph 2, article 58, paragraph 1, no. 3, and § 64, paragraph 2, the words ' paragraph 4 ': ' paragraph 3 '.
3. In paragraph 5 (a), paragraph 3, the words ' no. 20 ' to: ' no. 19 ', and ' and 5 ' shall be deleted.
4. In paragraph 5 (a), paragraph 4, the words ' and 5 '.
5. In section 5, paragraph 1, no. 3, paragraph 7 shall be replaced by ' ': ' paragraph 6 '.
6. In section 5 p (4) shall be replaced by ' paragraph 6 ': ' paragraph 5 '.
7. section 11 (a), no. 7, is repealed.
Nr. 8-21 becomes no. 7-20.8. In section 11 (b), paragraph 2, the words ' no. 10 ' to: ' no. 9 '.
9. section 11 (e), (3), is repealed.
Paragraph 4-7 becomes paragraph 3-6.
10. In paragraph 11 (g), paragraph 1, the words ' provided guidelines in the municipality plan on the location and design of the plant with its statement (EIA-obligation), see. section 11 (e), (3) ' is replaced by: ' prepared a statement for the plant's environmental impact (EIA-obligation) '.
11. In paragraph 11 (g), paragraph 2, the words ' By the provision of guidelines in the municipality plan for installations covered by paragraph 1, the Municipal Council ' to: ' Municipal Board shall, in respect of installations covered by paragraph 1 '.
12. In paragraph 11 (g), paragraph 2, be inserted after 1. item:
» When your statement is available, the Municipal Council publish this with a view to the consultation of the authorities concerned and the general public. '
13. In paragraph 11 (g), paragraph 2, the following is inserted as a 4. item:
» Municipal Council shall fix a date for the hearing of the exposition of at least 8 weeks. '
14. section 11 (g), (3), is repealed.
Paragraph 4 becomes paragraph 3.
15. In paragraph 11 (h) (1), (3). paragraph, the words ' made. ': ' be carried out and lay down rules to the effect that the developer for notification of a project must use a special schema. '
16. section 11 (h), (2). 2 and 3, are repealed.
No. 4 is then no. 2.17. In paragraph 15 (a) is inserted as paragraph 4: ' (4). A local level, by derogation from paragraph 1, planting a land that is encumbered by a helipad, noise to hospital or related use. '
18. section 16, paragraph 5, shall be repealed.
Paragraph 6-8 will be hereafter paragraph 5-7.
19. In paragraph 54 (b), paragraph 2, the words ' and proposals for and finally adopted frameworks in the municipality plans for local plans content ' to: ' and the proposal for and finally adopted frameworks in the municipality plans for local plans content as well as independent EIA '.
§ 4 paragraph 1. The law shall enter into force on the 1. January 2014.
(2). The law does not apply at the Nature-and Environmental complaints Board's treatment of complaints about decisions in accordance with the law on planning or regulations issued in implementation thereof taken before the entry into force of the Act. For such complaints will find the existing rules apply.
(3). The law does not apply to written reviews of projects within the scope of § § 11 g-11 of the law on planning and rules issued thereunder have been filed before the entry into force of the Act. For such reviews will find the existing rules apply.
Given at Marselisborg Palace, 26. December 2013 Under Our Royal hand and Seal MARGRETHE r./Ida Auken