Notice On A Non-Commercial Boating And Other Traffic On The Gudenå River With Side Streams And Lakes From Drying To Randers

Original Language Title: Bekendtgørelse om ikke-erhvervsmæssig sejlads og anden færdsel på Gudenåen med sidevandløb og søer fra Tørring til Randers

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Overview (table of contents)



Annex 1











Annex 2











Annex 3











Annex 4











Annex 5











Annex 6











Annex 7









The full text of the notice on the non-commercial boating and other traffic on the Gudenå River with side streams and lakes from Drying to Randers1)

Pursuant to article 29, paragraph 1, § 72, § 87, paragraphs 7 and 8 and section 89, paragraph 3, of the law on nature protection, see. lovbekendtgørelse nr. 933 of 24. September 2009, as amended by Act No. 1273 of 21. December 2011 and law No. 580 of 18. June 2012, and at the request of and negotiation with Favrskov, Hedensted, Horsens, Randers, Silkeborg, Skanderborg and Viborg municipalities determined: aim and scope



§ 1. This Ordinance regulates non-commercial navigation on the Gudenå River with side streams and on the lakes from Drying to Randers, located in Favrskov, Hedensted, Horsens, Randers, Silkeborg, Skanderborg and Viborg municipalities as shown on map of the annexes, in order to preserve the area's national and international importance as a natural area and to preserve the area's recreational values.

Boating regulations



§ 2. Boating is not allowed in the rushes and Reedy waters.

(2). Boating is not allowed on the following water bodies.

1) Gudenåen from Drying to the Abbey mill Inc. Mm, vestbirk and N Lakes during the period 1. March to 15. June, both days inclusive.

2) Mattrup Å.

3) Gudenåen's old race mm B Lake to West Birch hydroelectric power station.

4) Dead River, Northwest of Canberra.

5) Dead River, from kanelen to the Lake monastery.

6) A 100 m zone around Emborg Odde in the Lake. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

7) Salten Å from the source to the Rye Bridge and Salten Langsø. However, is sailing without motor at Salten Langsø allowed for wide owners in the previous extent.

8) Duck Bay in the northeast corner of you got out of fisherman's road.

9) Insert Å.

10) Duck Bay in Birksø.

11) A 50 m zone around Horskær Peak in Knudsø. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

12) Knudå.

13) the inner part of the Rosvig.

14) A 50 m zone around Alø out of Dynæs. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

15) A 50 m zone around the Bregnø to the Northwest of Møgelø. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

16) Bay on the north side of the Increased bale's head.

17) Lynn Creek in paradise.

18) A 50 m zone around the island of Kongsholm in Brassø. However, the passage in sailing the depths between the island and the North Shore allowed. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

19) Funder å.

20) Linå.

21) Gjern Å as well as the Eastern 2/3 of Sminge Sø. However, is sailing at Sminge Sø allowed for wide owners.

22) Alling Å (Hinge Å).

23) Gjel Å.

24) Borre Å.

25) Tange Å.

26) Gran ladle Å.

27) Lillea.

28) into a 50-metres zone around Small Lindholm in across the Lake. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

29) Tomb of the pelvis.

30) Orbiting the iron by Ry Mill.

31) water lily Bay in Ry Møllesø.

32) the flow, by the harbour in Silkeborg (Paper factory).

33) Slåen Lake, however, is sailing without motor on Slåen Lake allowed in connection with the exercise of legal fishing.

(3). In a 50-metres zone around Mågeøen in Birksø anchoring and fishing are not allowed. Zone shall be counted from the country and, in the case of rørbevoksning counted the zone from the end of rørbevoksningens.

(4). As bank owners are defined: 1) persons whose property or plot adjacent to the water system.

2) persons as tenants inhabiting a property bordering on the water system, in so far as the right to navigation are covered by the lease.

§ 3. Sailing with sail or motor, including electric motor is not allowed in the following areas: 1) the Gudenaa river water from Drying Mossø Inc. Mm, vestbirk, N Lakes.

2) Tåning Å from Tåning Lake (Skanderborg Lake) to the Lake.

3) Salten Å from the Rye bridge to the gudenå River.

4) Ry Mill Channel. However, is sailing with sails allowed.

5) Canoe passage in Ry Mill.

6) Ravnsø. However, is sailing with sail and electric motor allowed.

7) Veng Lake. However, is sailing with sails allowed.

8) Avnsø and Klüver's Channel.

9) Vejlsø.

10) Almind Lake.

11) Kalgårdsvig in Silkeborg Langsø.

12) Ørnsø and Lyså.

13) Thorsø.

14) Alling Lake.

15) Alling farm Lake.

16) Hinge Sø.

17) Gudenåen from ring road bridge East of Silkeborg Inc. the Western 1/3 of Sminge Sø to a line across the Isthmus Lake approximately 1300 metres east of Ansbro, as shown in the map annex. The prohibition referred to in 1. paragraph shall not apply to Bank owners.

18) Nørreå from Rinds holm to Fladbro.

19) gudenåen. However, is sailing with the motor, including electric motor allowed.

(2). Sailing with the motor vessel with a speed exceeding 5 knots is not allowed on the Gudenå River between Tange and Randers. This provision shall be valid until replaced by other speed limits pursuant to other legislation, including regulations of the river after the river law.

(3). Municipal Councils can set speed limits for sailing with the motor vessel, including speed limits in some areas, after the approval of the Agency. Requirements relating to speed limits are published in accordance with § 14.

§ 4. Sailing with the motor, including electrically powered vessels may only take place with vessels registered in accordance with §§ 7-10.

(2). Sailing on the stretch South of the Abbey mill from Drying Mossø, see. § 3 (1) (8). 1-5, may only take place with vessels registered in accordance with § 8.

(3). Windsurfing, kite surfing and water skiing after motorboat may only take place on water bodies that are designated by the Municipal Council. Regulations concerning such designated areas are published in accordance with § 14.

(4). Parachute sailing and boating with Jet skiing, jet skis and the like. is not allowed.

Exceptions



§ 5. Sailing with the following purposes are not covered by the prohibitions provided for in § 2 and § 3:1) Sailing with scientific purposes. The voyage shall be reported to the municipality, which may provide for arrangements for the voyage.

2) movement of public authorities in the performance of their administrative tasks.

3) navigation, including navigation with motor-powered vessel in rescue purposes in connection with serious personal injury or damage to property or to the defence of nearby danger therefor.

(2). The Municipal Council may, with the agreement of the Nature Protection Agency allow minor enhancements in access to navigation on the in section 2 and section 3, those areas.

§ 6. Municipal Councils may, notwithstanding the provisions of sections 2-4 grant authorization to: 1) sailing and other traffic in special cases and for special events.

2) Sailing with other types of vessels other than those which are registered in accordance with §§ 7-9.

Registration schemes



§ 7. Municipal Councils in the municipalities referred to in § 1, shall maintain a registration system for resident vessels with engine, including electrically powered vessels and boats with outboard engine.

(2). Registration number for vessels with engine including electrically powered vessels and boats with outboard motor, follow the owner of the vessel.

(3). Request for registration under section 7 (1), happens to the municipality, where the vessel is domiciled. A vessel equipped with a resident, if: 1) an owner's place of residence or cottage, located in Favrskov, Hedensted, Horsens, Randers, Silkeborg, Skanderborg and Viborg municipalities, or 2) the vessel on berth couchette (privately or publicly owned) is located in one of the municipalities referred to in paragraph 1.

(4). Municipal Board's changes in registration systems, including the determination of the maximum number of vessels, possibly for some areas, vessel sizes, as well as the decision on the registration of inland navigation vessels of other types than referred to in paragraph 1 shall be effected upon approval by nature Agency.

(5). Regulations relating to the registration systems shall be published in accordance with § 14.

§ 8. Municipal Councils in Hedensted and Horsens municipalities lead on the line Drying to the Monastery served a separate registration system for resident vessels without motor.

(2). Request for registration under section 8, paragraph 1, to the of the two municipalities, where the owner of the vessel is wide owner or resident, without prejudice. Nr. 1-3. A vessel without motor is a resident, if: 1) vessel belonging to a bank owner, 2) vessel belonging to a person resident in Hedensted and Horsens municipalities to the West of Highway E45, as well as in the part of the Vejle municipality, which until 2007 was covered by Drying Uldum municipality, where there have previously been able to happen in Hedensted municipality registration as a resident of the vessel owner, and the person has taken advantage of this opportunity or 3) vessel belonging to a person resident in areas of Horsens municipality East of Highway E45, where there have previously been able to be subject to registration as a resident of the vessel owner, and the person has taken advantage of this opportunity.

(3). Changes in registration system after this paragraph must also be approved by the Agency, see. section 7, paragraph 4.

§ 9. Municipal Councils in the municipalities referred to in § 1, shall ensure that registration of all types of rental boats.


§ 10. Vessels that are not covered by the registration schemes in sections 7-9, when operating on the line Drying to the Abbey mill out a guest registration plate. Guest nummerpladerne issued by Hedensted and Horsens municipal boards of measure.

Plant



§ 11. The Municipal Council may permit the establishment of permanent installations and temporary installations for use for non-commercial boating, where such facilities are not subject to authorization in accordance with other legislation.

(2). Municipal Councils may establish terms and conditions of the permission.

Rental company



§ 12. Municipal Councils in the municipalities referred to in § 1, administering a permit system for-hire firm that complies with the requirements laid down in the Cape. III, on the authorisation of the European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market (services directive). Regulations concerning the licensing system shall be published in accordance with § 14.

(2). Rental company with vessels sailing may only be operated with a permit from the municipal councils referred to in § 1, which jointly shall lay down the conditions for the rental.

(3). When the Municipal Council receives an application for authorisation to operate a hire firm, sent a receipt to the applicant with information concerning the time limit for the notification of the decision) 1 and 2) to justice.

Administration



§ 13. Municipal Councils are implementing the necessary information about this Ordinance.

§ 14. Municipal Councils publish regulations under section 3, paragraph 3, section 4, paragraph 3, article 5, paragraph 2, § 7, § 8, paragraph 1, and article 12, paragraph 1, as well as decisions under section 5, paragraph 2, article 6 and article 12, paragraph 2.

(2). Publication is effected by means of a notice in accordance with the municipalities ' quantification and can happen exclusively on local government websites.

(3). The notice shall contain information on the main content of the regulation) 1 or the decision, 2) the place or places where the decision is presented and 3) judicial remedy.

(4). Publication in accordance with paragraph 1 may be omitted if there is a publication for other rules.

(5). Municipal Councils should publish complaint authority's decision to the appeal proceedings in accordance with this regulatory provision. The publication can be done solely on municipal or complaint authority websites.

§ 15. Municipal Councils can charge fees to cover the cost of administration of the Ordinance.

§ 16. Municipal councils set up a user Councils with representatives from, among other things. the riparian owners, lessors, kano authorities and concerned interest groups to advise on questions of municipal boards of administration of the Ordinance.

Supervision



§ 17. Municipal councils responsible for supervising compliance with this order.

Complaint



§ 18. Municipal Board's decisions in accordance with this Ordinance an appeal may be lodged to the Nature-and Environmental complaints board according to the rules of nature protection Act Chapter 12.

Penalty



§ 19. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who 1) violates section 2, § 3, section 4, section 8, paragraph 2, article 10, article 11 and article 12, paragraph 2.

2) overrides the rules issued by the municipal councils under section 7 (1) and (4) and section 8, paragraph 1, or 3) overrides the conditions laid down pursuant to section 5 (1) (8). 1, § 5, paragraph 2, article 6, section 11, paragraph 2, and article 12, paragraph 2.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Entry into force, etc.



§ 20. The notice shall enter into force on the 1. may 2013.

(2). Executive Order No. 111 of 26. January 2007 on non-commercial navigation on the Gudenå River with side streams and lakes from Drying to Randers is repealed.

(3). Applicable regulations and decisions after the notice referred to in paragraph 2 shall retain their validity until after this Ordinance lays down regulations changed or taken new decisions.

The Ministry of the environment, the 17. April 2013 Ida Auken/Sven Koefoed-Hansen



Annex 1



Annex 2



Annex 3



Annex 4



Annex 5



Annex 6



Annex 7



Official notes 1) Ordinance contains provisions implementing parts of Council Directive 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive), official journal 1979, nr. L 103, page 1, as last amended by Council Regulation (EC) No 1782/2003. 807/2003 of 14. April 2003, the official journal of the European Union 2003 nr. L 122, page 36; 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 last amended by European Parliament and Council Regulation (EC) No 1782/2003. 1882/2003 of 29. September 2003, Official Journal of the European Union 2003, nr. L 284, page 1, and parts of the European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006, nr. L 376, page 36.

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