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Notice Of Compensation For Damages Resulting From Public Access To Nature

Original Language Title: Bekendtgørelse om godtgørelse for skader som følge af offentlighedens adgang til naturen

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Publication of compensation for damage due to public access to the natural environment

Purline of section 27 (2). 5 and Article 55 (5). 4, in the law of nature conservation, cf. Law Order no. 951 of 3. July 2013 :

Objective and demarcation

§ 1. This notice sets a compenory payment scheme for certain documented losses on fire, theft and damage to the army.

Paragraph 2. In order to damage the scope of this notice, the damage must have been caused by the movement of persons and residents as a result of public access to nature, cf. Act 23, 24 and 26.

§ 2. Allowance may be granted for damage to the following areas :

1) Private forests, including forests belonging to public foundations, for which there is public access, cf. Act 23.

2) Private, cultivated areas for which there is public access, cf. Act 24.

3) Private agricultural land adjacking to cultivated areas for which there is public access, cf. Act 24.

4) Private agricultural land adjacking to private roads and paths in the open country to which there is public access, cf. Section 26 of the law.

Paragraph 2. Allowance may also be paid for damage to areas covered by paragraph 1. One, as a result of activities that are subject to the authorisation of owners and which do not conflict with other provisions.

§ 3. Regardless of the provision in section 2, compensation may be paid for damage caused by :

1) Finishing in violation of the section 23 (1) of the law. One, three, five and eight, one. pkt., section 24, paragraph paragraphs 1, 2 and 3 and 26 (3). 1-2, as well as with provisions taken pursuant to section 27 (2). 1 and 3 if the damage is caused by public access.

2) Finishing in contravention of a temporary closure of forest with a traffic ban to follow by the police.

Damage

§ 4. Allowance may be paid for documented losses caused by fire, theft and hardened damage to :

1) Grew areas, wood-covered wood and agricultural crops within the areas covered by section 2.

2) Operating buildings, facilities, installations, machinery, etc., within the areas covered by section 2, which are used or connected with the operational use of the area, as well as damage to herds.

§ 5. Allowance for documented expenses may be paid to :

1) Reward and relief measures, including the rental of replacement equipment, where such measures are necessary to prevent the loss of losses for damage to crops, herds, etc.

2) Reorientation as a result of damage to audience facilities and attractions.

3) Cleanup after damage in the form of larger, total waste reads, unless the reading has been carried out immediately to the public road.

§ 6. No compensation may be granted for losses resulting from :

1) Stealing from isolated located unlocked shack.

2) Theft of hand tools and minor utensils left under open sky.

3) Dephoned the property values.

4) Decrease hunting revenues. In the light of the increase in the number of fires, which evidently lead to the conditions of the game, there will be a discretionary compensation for the loss of hunting rent.

§ 7. No compensation may be granted for damage resulting from loss of DKK 1 000. or thereunder.

Paragraph 2. For covered damage resulting from the loss of housing buildings and in or around operating buildings linked to housing buildings, a self-risk of DKK 1,000.

Paragraph 3. In the case of damage resulting from waste lesions and in itself the loss of DKK 1,000. or less, a total amount of compensation may be granted for two or more damage if the losses associated with the damage to the same amount amount to more than 1 000 kris and if the notifier has been notified to the damage within a period of one year in one year. An accumulative notification shall not be addressed until the applicant has requested it.

§ 8. No compensation may be granted if the damage is covered by a sign of insurance.

Paragraph 2. In the case of injury resulting in losses within an area where it is customarly to design insurance with a self-risk, but where insurance is not drawn, compensation shall not be paid for any usual self-risk.

Paragraph 3. Notification of damage covered by the contract of insurance will only be carried out by the Ministry of the Environment, Nature and Office when the insurance undertaking has taken a decision on the matter.

Addressment of compensation

§ 9. The following people may be entitled to compensation :

1) The owner of the area where the damage has been done.

2) The owner of the owner, provided they own the damaged or stolen property.

3) The renting of the area on which the damage has been done.

4) The tenant of the area where the damage is done, if the rental is to be a normal part of the operation.

5) Others carrying out tasks as part of the normal operation of the areas listed in section 2 for eligible people.

6) By way of derogation from paragraph 2, the tenant of the public owned agricultural land, where it is documented that the section 26 of the law prevents the maintenance of a traffic ban, and that the lease agreement has been concluded before 1. July 1992.

§ 10. The payment of reimbursement presuppots that it has taken appropriate measures to prevent or limit the damage and scope of the damage in accordance with circumstances. The addition of this obligation may result in a reduction or completely exponable compensation.

Damage to the notification and time limits

§ 11. Damage to the Ministry of the Environment, Fish and Food Services shall be notified by the Ministry of Nature, within 4 weeks of the notifier, of the notifier.

Paragraph 2. If the damage is notified within this period of time to an insurance undertaking, the claim must have been lodged with the Ministry of the Environment, Natural Agency, within four weeks of the decision taken by the insurance undertaking.

Paragraph 3. The recovery of any injury may be initiated when the claim of all required Annexes has been submitted to the Ministry of the Environment, Natural Health, and the Conservation Authority has acknowledged that it is considered to be sufficient for the photoproof evidence to be sufficiently available ; to settle the matter. Recovery before this point may result in a reduction or completely expunction of compensation.

§ 12. An injury shall be notified to the police not later than eight days after the notifier has been informed of the injury.

Paragraph 2. In the case of damage caused by bovine animals and so on, the rules laid down in the field and road protection laws shall be laid down. Choosing to derogate from section 18 must be the owner of the bovine animal, in order to be entitled to compensation, to report the damage to the police no later than eight days after the injured person has made him aware of the damage.

§ 13. In the event of an overrun of the deadlines in sections 11 and 12, the claim shall not be subject to a reality.

Treatment of applications / dedory authority

§ 14. The Ministry of the Environment, Fish and Food Services, deals with the income claims and shall decide whether or not to reimburse payments.

Paragraph 2. Decisions taken pursuant to paragraph 1. 1 may not be brought to the second administrative authority.

§ 15. The announcement shall enter into force on the 15th. February 2015.

Paragraph 2. Agreement on 1. In January 1994 between the Ministry of the Environment and Dansk Forest Association, Danish Family Codes, Danish Family and the Danish Landbounions, on a system of compensation for fire, theft and damage caused by the public are being lifted.

The Ministry of Environment, 26. January 2015

Kirsten Brosbøl

/ Oluf Engberg