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Ordinance On Protected Stone And Earth Dikes And Similar

Original Language Title: Bekendtgørelse om beskyttede sten- og jorddiger og lignende

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Table of Contents
Chapter 1 Protection scheme
Chapter 2 Notify and publication
Chapter 3 Administrative provisions

Publication of protected stones-and landings and similar 1)

In accordance with section 3 of the law on the release of the municipalities, etc., cf. Law Order no. 1027 of 20. August 2013 and § 29 b-29 d, section 29 l (1). 2, section 29 t, paragraph 3, section 29 v, paragraph. 7, section 38 and § 40 a, paragraph. THREE, ONE. pkt., in the museum slop, cf. Law Order no. 1505 of 14. In December 2006, as amended by law no. 484 of 11. May 2010 and Law No 580 of 18. June 2012 shall be determined :

Chapter 1

Protection scheme

§ 1. The provision in section 29 (a) (a) of the museum. 1, comprise :

1) stendiger,

2) other digs owned by public authorities,

3) any other digests on or off limits of natural habitats protected from section 3 of the natural protection laws ; and

4) other dikes identified in the area in the Geodata Management Agency ' s chargeable Denmark (1 :25,000) in the most recent revised version prior to 1. July 1992.

Paragraph 2. The provision in Article 29 (a) (a) of the law. However, 1 shall not apply to :

1) digests or portions of dikes located in the urban zone or summer area, unless the dam limits a zone or summer housing area from the land zone, cf. however, paragraph 1 4,

2) dikes around cemeteries that are covered by the laws of church churches and cemeteries,

3) patio digs, cf. however, paragraph 1 3,

4) digests along watercourses, which are designed solely for the purpose of ensuring low-surface areas against flooding ;

5) Digits, who serve the coastal protection alone,

6) diger, which alone serves to protect against sand or snow gastrophing,

7) dikes intended solely for the protection of noise (noise entrails).

Paragraph 3. Paragraph 2, no. 3, does not include older dikes along the village streets, when the diets at the same time limits gardens to the streets, as well as older dikes, which border hermanders and praisekeeper.

Paragraph 4. Digits or pieces of digests located on areas that are situated in the territory of free-and-local territory to the urban zone or summer area without a local level in accordance with section 16 of the Law of Provines, maintain their existing protection in accordance with the rules laid down in paragraph 1. 1-3 and section 4 (4), 3.

Paragraph 5. Section 1 (1). Paraguation 1 to 4 shall not apply to digaliges which are subject to a decision in accordance with section 2 concerning a specific designation of diger covered by the Act of Title 29 (a) (1). 1.

§ 2. If the municipality Board wishes to carry out a specific designation of digs covered by the Clause Section 29 (a) (1) of the museum. 1, the municipality Board may decide on such identification on the basis of a comprehensive assessment of all digs in one or more parogs within the municipality, cf. however, section 4 (4), 3.

Paragraph 2. As part of the municipality's decision in accordance with paragraph 1. 1 may decide on the administrative board :

1) to include digs or parts of dikes other than those referred to in section 1 of protection, when the dam has significant cultural, biological or ludicous value, and

2) to extract digs or parts of diger referred to in section 1 of protection, when the dam has low cultural historical, biological and ludicous value.

Paragraph 3. The Municipal Management Board ' s decision pursuant to paragraph 1. 1 may not include digs or parts of diger in the urban zone or summer area unless the dam is discarded by a land zone or summer housing area or the dam is situated on an area that was transferred from the territory of the free communal area to the area ; City zone or summer housing without a local plane, cf. Section 1 (1). 4. The Municipality Board ' s decision shall also not cover the digs referred to in section 1 (1). 2, no. 2-7, cf. however, section 1 (1). 3.

Paragraph 4. Decisions pursuant to paragraph 1. 1 must include at least one parish within the municipality.

Paragraph 5. Decisions pursuant to paragraph 1. 1 shall be taken in accordance with the rules in section 3 to 5.

§ 3. Before a decision after Article 2 may be taken, the municipality Board shall publish a motion for a resolution and establish a period of at least eight weeks to the presentation of objections.

Paragraph 2. The publication shall be informed of where the proposal is publicly available.

Paragraph 3. The proposal shall include :

1) an indication of the parognup which is covered by the proposal,

2) maps to target ratio 1:25,000, in which every diger is proposed for the protection following the Clause Section 29 (a) (1). 1, is the sign in

3) an indication of the digests referred to in Article 2 (2). 2, no. 1, the protection of the protection provided for

4) an indication of the digests referred to in Article 2 (2). 2, no. 2, is being proposed for protection,

5) a short justification for the proposal,

6) information on the legal effect of the publication and implementation of the proposal.

Paragraph 4. The proposal with information on the notice of notification shall be sent to :

1) the owners of the property to which a good or part of this is proposed, which is proposed for or taken out of protection ;

2) the local culture of culture, where such a reduction has been reduced,

3) local cultural historical museums,

4) the associations and organisations which have requested the municipality Board on the notification of proposals pursuant to paragraph 1. Paragraph 1, or in accordance with the rules laid down in section 9 (1). 3, is entitled to receive written notification of the Clause Section 29 (3) (a) (1) of the museum. 1,

5) The Danish Agency for Culture,

6) the neighbouring municipalities concerned ; and

7) The nature and other public authorities, which must be taken into account in the proposal, must be taken into account.

Paragraph 5. The mapmaterial contained in the proposal, cf. paragraph 3 shall not necessarily be sent to the lodowners, as referred to in paragraph 1. 4, no. 1. If the card material is not sent to the owner of the log, the person concerned must have informed where the card material is available to the public.

Paragraph 6. When it's in section 3, paragraph 3. The proposal has been published, and no changes are made to the digs and parts of diger, which are proposed for the protection in section 29 (a) (1) of the museum. 1.

§ 4. When the closing date of section 3 has expired, the municipality Management Board shall take a decision. If there has been such far-reaching amendments to the proposal that a new proposal is actually on the table, it must be published in accordance with the rules in section 3. Expresitious changes include the inclusion of new digs or parts of dikes or parts of diger or parts of diger covered by section 1 unless there are technical corrections or amendments which may be regarded as negligible.

Paragraph 2. The local authority shall send its decision to the Committee on Culture and the Committee on Culture, together with the comments received during the public presentation, and the Composition Management Board's comments on the designated digs.

Paragraph 3. The Municipal Management Board ' s decision after Article 2 is approved unless the Committee on Culture of Culture, within 12 weeks of its receipt, shall submit a written objection to the municipality board. If the Committee on Culture makes a written objection, the Council's decision can only take effect once a consensus has been reached between the two parties.

§ 5. When the municipality ' s decision after Article 2 is approved in accordance with section 4 (4), In paragraph 1, the decision is final and is replaced by the rules in paragraph 1 (1). 1-4.

Paragraph 2. The decision shall be made public and shall be forwarded to the sections referred to in section 3. 4, mentioned persons and authorities, etc., and Owners of digests must be informed of the digs or parts of their property which are subsequently covered by the protection following the museum slots section 29 (a) (1). 1. In connection with the approval of the Committee on Culture, the Committee on Culture's approval has taken place so far-reaching that a new decision is actually made, cf. Section 4 (4). However, the decision shall, however, be published in accordance with the rules laid down in Section 3.

Paragraph 3. When the owner of the dike has received the written notification pursuant to paragraph 1. 2, no change must be made to the condition of digests and parts of diger covered by a resolution on protection.

§ 6. The Municipality Management Board ' s final decision, cf. Section 5 (5). 1 may be complained according to the general claws in Chapter 8 of the museum.

Paragraph 2. The approval of the Cultural Management Board in accordance with Article 4 (2). 3, may not be complained to another administrative authority.

§ 7. Administration of the derogation clause in section 29 j (s) of the museum. 2, comply with Articles 6, 12, 13 and 16 of Council Directive 92 /43/EEC of 21. In May 1992, amended (the Habitats Directive), as outlined in the EPA's publication on the designation and administration of international nature protection areas and the protection of certain species.

Information on the protection system

§ 8. The local authorities shall, at the request of public authorities, affected owners, users and so on, provide information as to whether a specific measure or a specific subject is covered by the protection system.

Chapter 2

Notify and publication

§ 9. The local authority shall inform the Board of Directors of the Clause Section 29 (3) (a) (1). 1 to :

1) the addressable address of the decision,

2) the owner of the property to which the decision relates ;

3) Cultural Management Board and

4) public authorities, which must be taken into consideration in the case.

Paragraph 2. All decisions concerning Article 29 (a) (a) of the law. 1 which shall involve a derogation from the protection provided for in Article 12 (1). The provisions of Article 13 (1) (d) and Article 13 of the Habitats Directive shall be notified to the natural authority

Paragraph 3. The people in paragraph 3. Paragraph 1 shall also be notified in writing to the following associations and organisations, provided that they have requested the local authorities on this subject :

1) local associations and organisations, which have a significant interest in the decision,

2) national associations and organisations whose principal aims are the protection of nature and the environment ; and

3) national associations and organisations, which, after their purpose, provide significant recreational interests when the decision affects such interests.

Paragraph 4. The Municipal Management Board ' s notification of derogations from the provisions of Article 29 (a) (a) of the Law. 1, must contain information that derogations should not be used before the time limit has timed out and that the timely complaint has effect on the complainated decision, unless the court decides otherwise, cf. Section 29 v (3) of the law. 5.

Paragraph 5. The local authority shall give it the notification, notification of a lodged complaint and of the termination effect of the complaint.

§ 10. The Municipality Board shall publish derogations from the provisions of section 29 (a) (a) of the museum. 1 if the decisions are considered to be of greater importance or of general public interest. The local authorities must also publish other such decisions when they are not of subordinate importance and they may be regarded as having an interest in other grietable complaints than those notified in accordance with the rules in section 9 (4). One and three.

Paragraph 2. The publication shall be informed of :

1) the main content of the decision,

2) the properties or parts of the properties covered by the decision ;

3) the location or place where the decision has been presented and, moreover, accessible ; and

4) class action.

Paragraph 3. The local authority shall publish the decision of the Office in a complaint file after the appeal of the office of the public office.

Chapter 3

Administrative provisions

§ 11. Inherit of the provision in Section 3 (1). Six, punishable by fine.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

§ 12. The announcement shall enter into force on the 15th. October 2013.

Paragraph 2. At the same time, notice No 1511 of 14. In December 2006, on protected stones and landings and similar.

Cultural Ministry, 26. September 2013

Marianne Jelby

/ Katrine Tarp

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.