Act On Contaminated Soil

Original Language Title: Bekendtgørelse af lov om forurenet jord

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Overview (table of contents)

Chapter 1

Purpose etc.


Chapter 2

Pollution Mapping and permission for land use change etc.


Chapter 3

The public investigation and remedial action


Chapter 4

Land depreciation scheme for homeowners etc.


Chapter 4 a

Environmental damage


Chapter 4 b

Clearing soil and groundwater contamination at the end of the operation of certain activities at listed enterprises and livestock


Chapter 5

Other contaminants than environmental damage Injunction to polluters etc.


Chapter 6

Disposal and use of land


Chapter 7

Administrative provisions


Chapter 8

Supervision and enforcement


Chapter 9

Miscellaneous provisions


Chapter 10

Complaints and action


Chapter 11

penalty


Chapter 12

(Omitted)


Chapter 13

Commencement and transitional provisions


The full text
Act on contaminated jord1)
hereby promulgated law on contaminated land, referred. Act no. 1427 of 4 December 2009, with the changes imposed by § 3 of Law No . 1151 of 17 december 2003, § 16 of law no. 484 of 11 May 2010, § 4 of the law no. 1555 of 21 december 2010, § 4 of the law no. 1273 of 21 december 2011, § 4 of the law no. 446 of 23 May 2012, § 7 of law no. 580 of 18 June 2012, § 1, no. 1-18 and 23-32 of the Act no. 490 of 21 May 2013, § 12 of the law no. 1631 of 26 december 2013, § 7 of the Act no. 86 of 28 January 2014 and § 149 of the Act no. 1520 of 27 december 2014.
the changes resulting from § 1, no. 19 -22 of the law no. 490 of 21 may 2013 on amending the law on contaminated soil (Public response to contamination that may have harmful effects on water or natural, and decommissioning of the Council Depot, etc.) which relates Act § 18 and § 19 is not included in this consolidated act as the changes are not yet in force. Environment and Food Minister shall determine the date of entry into force of the modifications provided. § 2. 2 of Law no. 490 of 21 May 2013.
The changes imposed by § 12, no. 1, 3, 4 and 6 and § 13 of the Law no. 1631 of 26 December 2013 amending of the water Supply Act, the Act on the assessment and management of flood risk from rivers and lakes and various other acts (consequential changes to the law on water planning) related Act § 18 and § 19 are not included in this consolidated act as the changes do not has entered into force. Environment and Food Minister shall determine the date of entry into force of the modifications provided. § 17 paragraph. 2 of Law no. 1631 of 26 December 2013.



Chapter 1

Purpose etc.



§ 1. The law should help to prevent, eliminate or reduce soil contamination and prevent or prevent harmful effects of soil pollution on nature, environment and human health.

PCS. 2. The Act is intended particularly to

1) protect drinking water resources

2) prevent health problems by the use of contaminated sites

3) provide the basis for a coordinated and targeted public action in order to avoid harmful effects from soil contamination,

4) prevent further pollution of the environment associated with the use and disposal of land and

5) maintain polluter as that first and foremost must take the necessary measures to avert the consequences of soil contamination and restore the baseline condition.



§ 2. The Act includes land because of human influence can have harmful effects on nature, the environment and human health. Chapter 4 b also includes groundwater contamination that can not be attributed to soil contamination. Chapter 3 also includes groundwater contamination that can not be attributed to soil contamination if the contamination is covered by Chapter 4 b.

PCS. 2. Environment and Food Minister shall lay down rules about what is in this law are defined as slightly contaminated soil.

PCS. 3. The Act does not land affected by farmland spreading of sludge, fertilizers and pesticides, etc.



Chapter 2

Pollution Mapping and permission for land use change etc.




§ 3. Regional Council, in collaboration with municipal mapping, possibly through technical investigations, of contaminated areas in accordance. § 4 and § 5

PCS. 2. Ministry of Defence shall carry out in cooperation with the regional council identification of contaminated sites at knowledge level 1 on DoD property.

PCS. 3. Areas where there is to be found slightly contaminated soil mapped not. Areas mapped However, if slightly contaminated soil in specific cases may have adverse effect on the groundwater surface water, international nature protection areas or indoor environment.

PCS. 4. Areas used for public roads, mapped not at knowledge level 1

PCS. 5. The Regional Council has sufficient knowledge about a specific area devoted to housing, to begin an assessment of whether the conditions for a survey on the knowledge level 1 or 2 are met, a decision must be taken within two years.

PCS. 6. The Regional Council will inform the owner of the area immediately when the council has sufficient knowledge of the area to begin an assessment, see. Paragraph. 5.



§ 4. An area designated as listed at knowledge level 1 if there is actual knowledge about the activities on the site or activities in other areas that may have been the source of contamination in the area.



§ 5. An area designated as listed at knowledge level 2, if there is provided an evidence base that makes it a high degree of safety can be assumed that the area is a contamination of a nature and concentration that pollution can have harmful effects on people and the environment.



§ 6. As part of the survey in accordance with § 4 and § 5 defines the Regional Council with a view to further public action the areas where there is contamination or pollution that can

1) have a harmful effect on groundwater

2) have a detrimental effect on surface water

3) be detrimental to the international nature protection areas or

4) have a detrimental effect on people in an area with housing, child care center or public playground.

PCS. 2. The municipal council sets the land used for housing, child care center or public playground. Such information is passed to the regional council for the use of the regional council's definition of land under subsection. 1 pt. 4. The municipal council also sets out the areas used for recreation area, universally accessible area, allotment, cottage reason or institution. Such information is passed to the regional council for the use of the regional council administration of the provisions of § 8 and § 9

PCS. 3. Environment and Food Minister may lay down rules on the regional council's definition of land under subsection. 1, including areas outside the areas of special drinking water interests and outside the catchment for current and future public water supply facilities not be determined, or deadlines, use of IT systems etc.



§ 7. Within the under § 6, paragraph. 1, defined areas mapped at knowledge level 1, making the regional council through technical studies in the form of excavations, wells, analyzes or similar mapping of the possible contamination until the knowledge level 2.

PCS. 2. By mapping forward to the knowledge level 2 technical studies omitted to the extent that there are other documentation that provides a corresponding secure basis for identifying the area of ​​knowledge level 2.

PCS. 3. Applications under paragraph. 1 and 2 mapping until the knowledge level 2 must be completed within one year after the owner of land occupied by residential requested. This does not land with homes that are enrolled soil clean.

PCS. 4. Mapping forward to the knowledge level 2 may be omitted where for the regional council's assessment as a result of the land consolidation is no actual adverse effect on groundwater or people.



§ 8. When an owner has been notified of mapping, see. § 12 paragraph. 1, the owner or user to apply the local council for permission before the change use of the area mapped to one of the in § 6 paragraph. 2, the said purpose.

PCS. 2. If the mapped area is determined by the Regional Council as an action, see. § 6 paragraph. 1, or if the mapped area is used for one of the purposes mentioned in § 6 paragraph. 2, the owner or user to apply the local council for permission before the commencement of the construction works on the land.


PCS. 3. For the purpose of a decision under subsection. 1 or 2 local council may require that the applicant for its own account necessary pollution studies or otherwise demonstrate that the planned change in use or planned construction work is environment and health.

PCS. 4. The local authority may attach the following conditions for a permit under paragraph. 1 or 2:

1) Relates to the mark applied for one of the purposes mentioned in § 6 paragraph. 2 may be laid down concerning the implementation of environmental and health necessary measures for land use.

2) Does the claimed execution of works of pollution that may endanger groundwater, surface water, or international nature conservation areas, or in an area with significantly elevated concentrations of contaminants can be set such conditions that are necessary for to prevent an increase in the risk of ground water, surface water, or international nature protection areas.

3) Conditions for the use or must be done in a certain way, so that a later public effort is not made impossible or more expensive considerably.

4) Conditions for submission of a statement of change or work with evidence of contamination conditions, the change or the work is completed.

PCS. 5. The municipal council can change the already established terms or lay down new terms, if in connection with the change of use or performance of the works, authorized to reveal any pollution conditions than provided by the permit.

PCS. 6. For areas that are enrolled soil clean, it is the regional council, has authority referred to. Paragraphs. 2-5, in relation to the Petroleum Industry Miljøpuljes effort on the land.

PCS. 7. A license under paragraph. 1 or 2 will lapse if it granted permission has not commenced within one year after the authorization date unless the municipal council decides otherwise.

PCS. 8. Conditions shall be binding for the current owner and user of the land, and longer terms can be registered on the property.

PCS. 9. The Regional Council may establish rules on the conditions to be met to obtain a permit, see. Paragraph. 1 and 2, concerning the change of use and works on areas surveyed.

PCS. 10. The Regional Council may establish rules on cases in which consent is not required, see. Paragraph. 1 and 2 and § 15 paragraph. 1 pt. 2



§ 8 a. Local council decisions under § 8 must be in accordance with a consulting regional council. Region Council's opinion must be made within four weeks of receipt of the case from the local council.



§ 9. The Regional Council may make recommendations to the owner and user of mapped areas on the use of the land concerned.

PCS. 2. The municipal council can generally accessible outdoor areas surveyed, direct owners of these within a specified deadline to place or maintain specific, less costly measures, including fencing and wood cover, which can be a health risk by the current application.

PCS. 3. The local authority may for certain mapped areas set rules that owners within a specific period of time make or maintain measures on generally accessible outdoor areas referred to in paragraph. 2.

PCS. 4. notations and rules referred to. Paragraphs. 2 and 3, it is for it to current owner of the property and is registered on the property.

PCS. 5. Owners must notify tenants about the recommendations, orders or rules, see. Paragraph. 1-3.

PCS. 6. Rules issued pursuant to § 8 paragraph. 9 and 10, and § 9 paragraph. 3, must provide for the local council may grant exemptions if the owner proves that there is no need for the measures imposed.



§ 10. If an owner or user does not complete a started project that is authorized to see. § 8, or exit a commenced cleanup laid down as a condition of a permit, the municipal council set a deadline for completion of the project or the cleanup. If the limit is exceeded, the local council may notify the owner or user injunction that the reason must be brought in a state of the environment that is not inferior to the state prior to the commencement of the project or cleanup.




§ 11. The municipal council shall, if an owner or a user submits a request, after completing a project or cleanup, see. § 8, draw up a Declaration which includes a description of the project implemented or completed cleanup and area mapping-related status, and information about whether the local council has supervised the project or cleanup.



§ 11 a. The municipal council shall inform the regional council on decisions under §§ 8-10 and statements in accordance with § 11



§ 12. The regional council shall give written notice of the final mapping of an area of ​​knowledge level 1 or 2 to property owners within the mapped area and the municipality. Owners must notify tenants about the regional council's decision.

PCS. 2. The Regional Council may adopt a decision that the notification under paragraph. 1 must be done in a prescribed way.

PCS. 3. The written notification to owners of properties used for residential purposes and is listed at knowledge level 2, should indicate the possibilities for cleaning up after Chapter 4.



§ 12 a. In connection with a decision on mapping of knowledge level 2 of an area used for housing, the Regional Council from the present knowledge nuance mapping based on the risk that the mapped contamination poses or may pose to the current use residential purposes, as

1) F0: Pollution poses no risk of the property's current use as a residence,

2) F1: Pollution poses no risk of the property's current use for residential purposes if simple advice on the use of the property is respected or

3) F2: Pollution poses or may pose a risk of the property's current use of housing, or there is not enough knowledge to refine the mapping.

PCS. 2. Region Council review the nuances of mapping when there are higher studies or other new information that makes this possible.

PCS. 3. The mapping of other properties than residential properties that are listed at knowledge level 2 and released for home use, as well as mapping of residential properties, which on 1 January 2007, listed at knowledge level 2, the written request of the owner nuanced by paragraph. 1.

PCS. 4. The Regional Council must inform the owner, the local council and SKAT about diversity in the survey by paragraph. 1-3. The basis of the nuances of the survey must be disclosed, including the extent to which there are likely to be revised gradation of the survey. Notification of diversity in the survey by paragraph. 1 must take place simultaneously with the notification of the survey in accordance with § 12. Owners must notify tenants about diversity in the survey by paragraph. 1-3.



§ 13. An area must be deleted from the mapping when the regional council is satisfied that there are no environmental or health basis to maintain the mapping of the area concerned.

PCS. 2. The regional council shall provide written notice to property owners within the area no longer mapped and to the municipality.



§ 14. The regional council shall include information on mapped areas introduction of a digital public register and regularly update the register.

PCS. 2. Ministry of Defence must introduce the Ministry of Defence mapped areas of knowledge level 1 in a similar registry referred to in paragraph. 1 Ministry of Defence and continuously update the register.

PCS. 3. Information that an area is mapped, to be deleted from the register when the regional council is satisfied that there are no environmental or health basis to maintain the mapping of the area concerned.

PCS. 4. Environment and Food Minister may lay down rules on the registration of the survey, including the creation and maintenance of the register, the involvement of cadastral maps and the transmission of the information from the registry and payment.



§ 15. Environment and Food Minister may lay down rules on

1) the form and content of applications under § 8 paragraph. 1 and 2, and cooperation between the local council and the regional council in accordance with § 8a

2) Where a license under § 8 paragraph. 1 and 2 is not needed, including for minor works

3) the content of the local rules in accordance with § 8 paragraph. 9, § 9 paragraph. 3, and of the publication thereof, including purely digital,

4) deadlines and procedures for pollution mapping and regional councils, the obligation to inform other authorities


5) the content and criteria for the identification of areas and that the specific conditions be taken into account for the survey, and

6) the content and deadlines, procedures and criteria for graduation of identification in accordance with § 12 a of a property used for housing.



§ 16. Regional Council and local council decisions under the provisions of this chapter can not be appealed to any other administrative authority.



Chapter 3

The public investigation and remedial action



§ 17. The Regional Council carries out research projects regarding soil contamination on mapped areas and prepare project proposals for remediation, including remediation, and perform them. The Regional Council may in special cases carrying out research projects and remedial action in sites with lightly contaminated soil used for children's institutions or public playgrounds.

PCS. 2 pcs. 1, point 1. Shall apply mutatis mutandis to groundwater contamination that can not be attributed to soil contamination if groundwater pollution is covered by Chapter 4 b.

PCS. 3. Regional Council collects experiences with the implementation of response measures, including cleanups after soil, surface water and groundwater pollution.

PCS. 4. Environment and Food Minister is responsible for developing and testing new technology for soil contamination.

PCS. 5. The Minister may in relation to in paragraph. 4, the task lay down rules on the administration, pay expenses and provide grants for projects concerning measures, including those of the Regional Council performed measures referred to in. Paragraph. 1. The Minister may incur expenses, including providing subsidies for development projects, criteria setting, risk assessment, information and experience gathering. There may also be defrayed and subsidized at a range of projects, administration, audit, evaluation and assurances concerning the possible liability in connection with the execution of the task.

PCS. 6. The cost of the promotion of the paragraph. 4, the technology held within the value framework stipulated in the annual Finance Acts. There can be within a fiscal remedies are proposed for payment in the next fiscal year.



§ 18. 2) The Regional Council draws up a list of public action. The statement shall be audited annually. The statement shall be in accordance with Natura 2000 plan, see. Chapter 14 of the environmental law.

PCS. 2. Region Council to involve the public prior to preparing the final report. Public participation may be made exclusively by digital advertising.

PCS. 3. The list does not entail any rights or obligations for owners.



§ 19. 3) It shall provide an indication of the areas to be carried out tests or preventive measures, including clean-up. The list should indicate priority areas of action, and shall include an economic overview. The regional council shall undertake the necessary efforts to fulfill the program of Natura 2000 scheme.



§ 20. Inventory prioritization may be waived, and projects can be undertaken, not listed on the chart, if necessary, see. However, § 19, 3rd sentence.



§ 21. The Regional Council shall inform the owner and the person to whom can issue orders imposed under the Act. Part 4a, 4b or 5 or Chapter 3 of the Environmental Damage Act before the Regional Council carries out studies or initiate remedial action.

PCS. 2. The Regional Council shall assess the authorities remediation or mitigation measures, the regional council has done on a property.

PCS. 3. The Regional Council shall, on completion of the public efforts for the sake of land use on a residential property, which remains mapped issue a statement that the pollution is not relevant to the application of reason to the actual use of housing, see. However, § 9, PCS. 1 and 2. This shall be introduced in the digital public register provided. § 14.



§ 22. The Regional Council may for the implementation of projects listed in the table, see. § 18, or projects that are deemed necessary, see. § 20, in special cases included an agreement to acquire a property that is covered by the project.

PCS. 2. The Regional Council may for the implementation of projects listed in the table for ownership or temporary use expropriate real property rights.

PCS. 3. Regional Council are free to assign a property, the regional council has taken over or expropriated, to the local council.


PCS. 4. The Regional Council may be in favor of a water supply that will implement projects in order to ensure current and future water extraction, for ownership or temporary use expropriate real property rights. This applies whether the land in question included in the review referred to. § 18.

PCS. 5. On implementation of an expropriation under subsection. 2 or 4, the provisions of the Public Roads Act §§ 99-102 mutatis mutandis, bearing in mind the regional council, which performs the tasks conferred on the road administration in accordance with the Act on public roads.



§ 23. Environment and Food Minister may lay down rules for the regional council preparation of the in § 18, that list, including the criteria and prerequisites regional council must take into account the prioritization and implementation of public action, and prior public participation, see. § 18 paragraph. 1.



§ 24 (Repealed)



§ 25. Regional Council's decisions as provided in this chapter, except for decisions on expropriation according to § 22 paragraph. 2 and 4, can not be appealed to any other administrative authority.



Chapter 4

Land depreciation scheme for homeowners etc.



§ 26. Depreciation Programme includes properties that were used for permanent habitation November 18, 1992, which is contaminated before 1 September 1993, referred to. However paragraph. 3. Properties which were used for permanent habitation November 18, 1992, are also subject to value scheme, if pollution comes from an oil tank within the meaning of the provision in § 48 paragraph. 3, 1st clause. And if contamination is detected before the environmental and food Minister pursuant to § 48 paragraph. 1 date provided. However paragraph. 3.

PCS. 2. contaminated properties mean in this chapter properties that are mapped at knowledge level 2, see. § 5, or meet the criteria.

PCS. 3. Notwithstanding paragraph. 1 covered the following properties are not of value scheme:

1) Industrial Estate and property which is registered as agricultural property in accordance with the law on agricultural property, and property in rural areas containing wooded or forest reserve land under the Act on forests.

2) Floor Property used for both residential and commercial, if more than 50 percent of the floor space used for business purposes. Ceiling and basement areas and garages that are not designed for residential and commercial purposes, are not included in the calculation of the floor area.

3) Properties in areas zoned for holiday home or allotment settlement unless the property is used for residential purposes, and its legality is not based on provisions of § 40 paragraph. 2 and § 41 of the Planning Act, see. Legislative Decree no. 563 of 30 June 1997, as amended.

4) Properties owned by the public.



§ 27. Depreciation Programme includes owners who

1) has acquired a property referred to. § 26, in contaminated condition and

2) the acquisition either knew or should have known that the property was contaminated.

PCS. 2. The following are subject to value scheme if the former owner satisfied the requirements of paragraph. 1:

1) owners who acquired the property by inheritance, hensidden in undivided possession or foreclosure as ufyldestgjort mortgagee.

2) Owners who have taken over the property upon divorce or separation, or after at least two years to have had common household with the previous owner.

3) The owners, who acquired the property by a voluntary trade of a mortgagee or mortgagee of a mediation as part of the mortgage holder preventing losses.

PCS. 3. Owners of properties that have been parceled into condominiums, covered by value scheme, notwithstanding paragraphs. 1, if the conditions of paragraph. 1 was met by parcelling in condominiums.



§ 28. The Regional Council clears up on properties covered by value scheme, when the owner requests it, see. However, § 34. It is a condition that the property at the owner's request for cleanup still used for residential purposes, and that pollution has a detrimental effect on humans or the environment or constitute a threat thereof relative to the actual home use on the property.

PCS. 2. Measures taken by the municipal council may issue an order to according to § 9 paragraph. 2 is not covered by value scheme.

PCS. 3. cleanups, the scope earmarked appropriations in this connection the annual budgets.


PCS. 4. regional councils, the expenses resulting from provisions of this Chapter will be held within the amount limits set in the annual Finance Acts. There can be within a fiscal remedies are proposed to be paid in the next fiscal year.

PCS. 5. Equipment, acquired as a necessary part of implementing a cleanup, surpassing for use free of charge to regional council on the use, sale or disposal. Expenses or income in this connection of the regional council.

PCS. 6. The Regional Council may pay for insurance on any liability for cleanups.



§ 29 Requests for cleanup under the value scheme sent to the regional council.

PCS. 2. The right to cleanup under depreciation rules may be transferred to a subsequent buyer of the property, if the application for cleanup submitted before the handover.

PCS. 3. The owner is responsible for their own account to prove that a property that is not listed at knowledge level 2, contaminated corresponding degree. The Regional Council may impose requirements on the documentation corresponding to the demand for mapping the knowledge level 2, see. § 5.

PCS. 4. The Regional Council decides whether the property is subject to value scheme. The regional council shall inform the municipal council of the decision.



§ 30. The Regional Council decides on the extent to which is to be cleared by value scheme. The clean-up is similar to a cleanup under Chapter 3. If a publicly paid for cleanup under the value scheme can be implemented, notify the regional council commitment to the owner, including on when the cleanup could commence.

PCS. 2. When a commitment cleanup granted under paragraph. 1, enters the regional council of the requirements that the owner may have against the polluter or previous owners on the occasion of the pollution to the extent that the owner claims against the polluter or the previous owners reduced as a result of the cleanup.

PCS. 3. Earliest nine months before the cleanup begins, sending the regional council a request for payment of user fees, see. § 31 and § 32. The Regional Council may require that user charges are assigned from an account in a bank. The payment is fixed at not less than three months. If the owner does not pay within the deadline lapse owner's right for cleanup under the value scheme. The Regional Council may, under certain circumstances disregard minor overruns.

PCS. 4. Starting cleanup by value scheme not later than the announced time, interest the paid co-payments at an annual rate equal to National Bank's discount rate on 1 January this year, when fees were paid, with an increase of five percent. The accrued interest is paid when the cleanup is started or when the owner withdraws request for cleanup back. Pulling that request because the cleanup has not begun on time, released its own payment, and the owner can not re-apply for cleanup on the property unless the Regional Council in special circumstances decides otherwise.

PCS. 5. If the owner in cases other than referred to in paragraph. 4 withdraws his request left after payment of user fees, take the regional council decide whether the cleanup yet to be implemented. If the regional council decides that the cleanup will not be implemented, released their own payment. Regional Council incurred expenses regional councils may however decide that user charges are not refunded completely. By repaying added amount is not interest rates.

PCS. 6. If deemed a cleanup by value scheme un-called, or are there after a loss of value cleanup continued contamination on the property, issue the regional council a statement that pollution is irrelevant to the application of reason to the actual application for permanent residence, see. However, § 9 , PCS. 1 and 2. This shall be introduced in the digital public register provided. § 14.

PCS. 7. Leaving after a cleanup by value scheme pollution under. Paragraph. 6, under the existing buildings as a permanent residence or their associated wiring systems, take the regional council decide whether the property should continue to be subject to an undertaking for cleanup under the value scheme.

PCS. 8. The Regional Council shall inform the owner about the made cleanup.



§ 31. The charge amounts to 40,000 kr. In the basic amounts. property, but at least 7,000 kr. per. opportunity.


PCS. 2. The charge is reduced for each full year, which runs from the time when pollution is listed at knowledge level 2, or where the owner demonstrates see. § 29 paragraph. 3, the property is contaminated to a corresponding extent, to the user charges paid. For properties that before September 1, 1993 was found contaminated, counted reduction, however, in relation to that date.

PCS. 3. The annual reduction provided. Paragraphs. 2 represents 2,500 kr. In the basic amount, however, 5,000 kr. For properties with 12 or more apartments. The charge is reduced to no more than 15,000 kr., Respectively 30,000 kr. In the basic amount.



§ 32. Does the owner incurred expenses for necessary surveys. § 29 paragraph. 3, reduced user charges are similar. Exceeds the cost of studies, user charges refunded the excess amount is not.



§ 33. The Regional Council shall on request loans to user charges for owners who at the time the request for cleanup after value scheme submitted

1) have reached the retirement age, see. § 1 of the Act on social pension

2) receive a pension under the Act on Social Pensions Act, the highest, middle, high plain and ordinary disability pension, etc. or the Act on partial pension or

3) receive early retirement.

PCS. 2. Requests for loans submitted to the regional council with the request for cleanup. Commitment to loans granted by the regional council at the same time commitment, if any cleanup.

PCS. 3. The loans used immediately to pay the user charges and administered by the State Administration. The loans will be also with the necessary adjustments to the terms of security, return, maturity, etc., as specified in the Act on loans for payment of property taxes. However, there may be disregarded if the loan can be within the property assessment before cleanup.

PCS. 4. The Regional Council may in special cases upon request provide security for the owner's loans in the usual mortgage institutions to own the payment.

PCS. 5. The request for warranty submitted to the regional council with the request for cleanup. Commitment to guarantee granted by the regional council at the same time commitment, if any cleanup.



§ 34. The Regional Council may in special cases make bid for a property, see. § 75. The provisions of § 31 and § 32 co-payment shall apply mutatis mutandis.

PCS. 2. If the owner is not within a specified period of not less than three months accepts that the property be taken in accordance with paragraph. 1, or within a specified period, set to not less than three months payer's own payment lapse owner's rights under value scheme.

PCS. 3. A takeover happens for ownership of the regional council. The Regional Council are free to assign a property, the regional council has taken, to the local council.



§ 35. If the charges exceed the total cost of studies and cleanup by value scheme, repaid the excess amount when the cleanup is completed.

PCS. 2. If a property is listed at knowledge level 2 and registered in the registry see. § 14, after completing the cleanup, see. § 28, remains contaminated to such an extent that it can not be deleted from the register, paid back the user charges. Similarly refunded own payment if the property is a cleanup remains contaminated to such an extent that it becomes listed at knowledge level 2 and entered in the register as such. The Regional Council may in special cases during a long cleanup project decide that user charges are repaid before the end of the project if the property after completion of the project expected to remain contaminated to such an extent that it can not be deleted from the register, or that it will be registered in the Registry listed at knowledge level 2

PCS. 3. Repayment is made to the current owner of the property, which own the payment relates. The repayment can be made to an account in a bank. By repayment conferred the user charge an annual interest rate for the period from the user charges were paid for repayment is equal to National Bank's discount rate as of 1 January of the year, when fees were paid, with an increase of five percent.

PCS. 4. For owners who are granted loans or for whom there is guaranteed under § 33, used the recovery, however, directly to the repayment of the granted loans or loans for which a guarantee. The amount will bear interest equal to the accrued interest on the loan.




§ 36. Environment and Food Minister may as part of the value scheme incur expenses, including providing grants, information, administration, audit, evaluation and dissemination of results, etc.



§ 37. Environment and Food Minister may lay down rules on the Environmental Protection Agency, regional councils, the local council of the Regional Municipality of Bornholm and State Administrations handling of cases by value scheme, including

1) a commitment to loans or loan guarantees to

2) the information and documentation the owner must submit the request, and on what form the request must have

3) studies, remediation and assessment of the cases

4) regional councils, the notification to the Minister of cases by value scheme and

5) purchase and sale of stock and real estate by value scheme.



§ 38. Region Council decisions under this chapter may not be appealed to any other administrative authority.



Chapter 4 a

Environmental damage



§ 38 a. An environmental damage or an imminent threat of environmental damage means in accordance with §§ 7-11 in the Environmental Damage Act.



§ 38 b., The operator means the person who operates or controls the occupational activity.

PCS. 2. When the person responsible for environmental damage or an imminent threat of environmental damage means the person responsible for the operation, regardless of how the damage or the imminent threat of damage has happened, see. However paragraph. 3 and 4.

PCS. 3. In cases of use for agricultural purposes of waste and fertilizers, including manure, and the use of pesticides or biocides considered as the responsible for environmental damage or an imminent threat of environmental harm, as part of professional activities have used these products, unless the user can establish that the use was in accordance with the requirements of use, and the user does not have shown negligence in connection with the use.

PCS. 4. If the user can not be considered as the responsible in cases covered by paragraph. 3, considered as the responsible for environmental damage or an imminent threat of environmental damage any person who has produced or imported the waste, the manure or fertilizer other than livestock manure or pesticides or biocides are used.

PCS. 5 pieces. 4 shall not apply where the producer or importer can demonstrate that the harmful effects of pollution as a result of the use of waste products or manure does not result from defects in the product, and that there is no demonstrated negligence in the production or imports.

PCS. 6. In order authority understood the environmental authority as provided in § 39.



§ 38 c. The person responsible for the imminent threat of environmental damage must immediately initiate the necessary preventive measures to avert the imminent danger of environmental damage. The person responsible for the environmental damage must immediately initiate any practically feasible actions to limit the damage and prevent further damage.

PCS. 2. Mandatory Authority shall ensure fulfillment of the obligations, although not yet taken a decision in accordance with § 38 f.



§ 38 d. The obligation to limit environmental damage and prevent further environmental damage does not apply if the person responsible for environmental damage can prove that the

1) was caused by a third party and occurred despite the fact that appropriate safety measures were

2) due to compliance with mandatory regulations laid down by a public authority, unless the rules follow an order or instruction as a result of the responsible party's own activities or

3) caused by an emission or event expressly authorized by, and fully in accordance with the conditions of a permit or with rules that are so detailed that they can be equated with express permission, and not attributable to the Person Responsible reckless behavior.

PCS. 2. The obligation to prevent imminent danger of environmental damage does not apply if the person responsible for the imminent threat of environmental damage can prove that danger due to circumstances mentioned in paragraph. 1 pt. 1 or 2.

PCS. 3 pieces. 1, no. 3, does not apply to the producer or importer as specified in § 38 b paragraph. 4 and 5.




§ 38 e. Mandatory Authority may order the person responsible for the operation or the user, the manufacturer or importer to provide the information relevant to the assessment of whether there is environmental damage or an imminent threat of environmental damage that must be addressed by the Environmental Damage Act. The person responsible for the operation or the user, the manufacturer or importer General may direct their own expense to conduct studies, analyzes, measurement of substances and the like. in order to clarify the cause and effect of soil contamination. Where environmental damage or an imminent threat of environmental damage can be attributed to several polluters, the § 43 shall apply accordingly.

PCS. 2. Orders may be issued, whether the person responsible for the operation or the user, the manufacturer or importer has control of the property, where there is evidence of a soil contamination. In the order there should be a duty to restore operations of the contaminated property.

PCS. 3. If the person responsible for the operation or the user, manufacturer or importer does not have to dispose of the property, injunctions Authority shall grant the one who has control of the property, ordered to tolerate that studies etc. carried out by the person responsible for the operation or the user, the manufacturer or importer .

PCS. 4. An order under subsection. 3 is binding on the person who always has control of the property, where there is evidence of a soil contamination.



§ 38 f. If there is environmental damage or an imminent threat of environmental damage that must be addressed by the Environmental Damage Act, shall order the authority ruling.

PCS. 2. Decision on the existence of environmental damage can not be taken where the person responsible for environmental damage can prove the existence of circumstances mentioned in § 38d paragraph. 1, Nos. 1-3. § 38d paragraph. 3 shall apply mutatis mutandis.

PCS. 3. Decision on the existence of an imminent threat of environmental damage can not be taken where the person responsible for the imminent threat of environmental damage can prove the existence of circumstances mentioned in § 38d paragraph. 1 pt. 1 or 2.

PCS. 4. Environment and Food Minister may lay down rules that the local council and the regional council must submit a draft decision in order to obtain a binding opinion from the Minister on the existence of environmental damage or an imminent threat of environmental damage, which should be looked environmental damage Act. The Minister may also set rules that the binding opinion can not be appealed as part of an appeal against a decision by the Environmental Damage Act, Chapter 2 or 3.



§ 38 g. If there is environmental damage which affects or may affect another EU country, take orders Authority ruling, although not in accordance with § 38 f deciding on who is responsible for environmental damage.



§ 38 h. Mandatory Authority shall send the decision on the existence of environmental damage or an imminent threat of environmental damage, and the material is made in the assessment of the case for environmental and food minister. The transmission format shall be simultaneously notified of the responsible.

PCS. 2. Mandatory authority shall publish the decision. Publication can take place exclusively digital.

PCS. 3. The Minister may lay down rules on publication.

PCS. 4. Decision on the existence of environmental damage or an imminent threat of environmental damage that must be addressed by the Environmental Damage Act, can only be appealed as part of an appeal against a decision by the Environmental Damage Act, Chapter 2 or 3. The appeal must be filed in accordance with the Environmental Damage Act § 52.



§ 38. At the request of a complaint justified by § 82 and § 83 shall order the authority to take decisions under § 38 f or § 38 g.

PCS. 2. The application must be accompanied by relevant information on the alleged environmental damage or the imminent threat of environmental damage.

PCS. 3. Mandatory Authority may refuse to rule on whether there is environmental damage or an imminent threat of environmental damage if the request is not accompanied by the information referred to in paragraph. 2.



§ 38 j. If the responsible can not be identified or can not pay, the enforcement notice under Part 4 or 5. b



Chapter 4 b

Clearing soil and groundwater contamination at the end of the operation of certain activities at listed enterprises and livestock




§ 38 k. By operation cessation of certain activities on the list enterprises referred. § 35 of the Environmental Protection Act and the livestock covered by § 12 paragraph. 1, no. 1-3 of the Act on environmental approval, etc. of livestock, the operator shall assess soil and groundwater pollution state as a result of those activities.

PCS. 2. Within the assessment under paragraph. 1 is made, the operator shall submit presentations to the Environment Authority.

PCS. 3. Environment Authority gives the operator injunction about how the assessment under paragraph. 1 to be made and a deadline. This may include the granting of an injunction for investigations, analyzes, measurement of substances and the like. for the assessment.

PCS. 4. Environment and Food Minister shall lay down rules on the activities on the list of companies covered by paragraph. 1, and rules on when there is cessation of operations, including cases in which the reduction of the company or livestock farming capacity is considered cessation of operations.

PCS. 5. The Minister may lay down rules:

1) Content and scope of the assessment under paragraph. 1.

2) Deadline for submission of proposals for how the assessment under paragraph. 1 to be made, see. Paragraph. 2.

3) An order under subsection. 3.



§ 38 l. Has a baseline report for the company, see. § 35 c of the Act on environmental protection, and shows the assessment under § 38 k that the activities in question has caused significant pollution of soil and groundwater in conjunction with the condition found in the baseline, the operator shall take the measures necessary to eliminate this pollution, so the company's land be restored to the condition identified in the baseline. Are these measures are not sufficient to remove pollution that is a result of those activities, which pose a significant risk to human health or the environment, the operator shall take measures against pollution, to ensure that it does not pose such a risk .

PCS. 2. Is there not prepared a baseline report for the company or the livestock sector, and shows the assessment under § 38 k that pollution is a result of the activities present a significant risk to human health or the environment, the operator shall take measures against pollution to ensure that it does not pose such a risk.

PCS. 3. The assessment of significant risk in accordance with paragraph. 1 and 2 should be in proportion to the land use at the time of termination. However, the assessment made in relation to future use, if at the time of closing a consent to a change in future use of the land.

PCS. 4. Measures by paragraph. 1 and 2 to be made, regardless of how and when the contamination occurred, unless contamination has occurred before 7 January 2013.

PCS. 5. Environment and Food Minister may lay down rules on the content and scope of the measures following paragraph. 1 and 2.



§ 38 m. The operator must submit the assessment under § 38 k with a proposal for the measures to be carried out in accordance with § 38 l, environmental authority within the period specified in the order in accordance with § 38 k, paragraph. 3.

PCS. 2. Environment Authority gives the operator shall issue an order for the measures to be carried out in accordance with § 38 l, and a deadline, and the requirements for documentation of compliance with orders operator must meet.

PCS. 3. Environment and Food Minister may lay down rules governing orders and documentation requirements for compliance with orders under paragraph. 2.



§ 38 n. The obligations under this chapter incumbent on the company or the livestock operator at the time of cessation of operation, whether any contamination has occurred in the period in which the drive business or livestock farming.



§ 38 o. Orders issued under § 38 k, paragraph. 3 and § 38 m paragraph. 2 may be communicated, whether the operator has to dispose of the contaminated property. In the order should be established duty to restore operations of the contaminated property.

PCS. 2. If the operator does not have to dispose of the contaminated property, environmental authorities issue orders to the person who has control of the property, to tolerate that studies cleanup or other actions carried out by the operator's action.

PCS. 3. An order under subsection. 2 is binding upon it, at any given time controlling the contaminated property.




§ 38 p. If the operator is not obliged or only partially duty to investigate and remedy or avert a soil and groundwater contamination under the provisions of this chapter or do not have to pay to meet obligations may be granted injunctions under the rules of Chapter 5 .



§ 38 q. Environment Authority leaves about forvarslede or announced injunction in accordance with § 38 m paragraph. 2 things bright on the property. Register of Mortgages happens påbudsadressatens bill referred. However paragraph. 2.

PCS. 2. If an order is prelude, not communicated finally, organizes environmental authority registration cost.

PCS. 3. Environmental Authority lets land register injunction cancel when the order is complied with.



Chapter 5

Other contaminants than environmental damage Injunction to polluters etc.



§ 39. The municipal council decides on an order under this chapter regarding contaminants derived from properties or facilities in the municipality, whether påbudsadressaten resident or interest in property or facilities in the municipality, see. However paragraph. 2 and 3.

PCS. 2. Environment and Food Minister decides on regulations concerning pollution that comes from companies that Minister under the Environmental Protection Act supervise or oversaw at the time of its disappearance.

PCS. 3. The Regional Council decides on contaminants in raw material pits and former mining pits, whether påbudsadressaten domiciled in or right over property or facilities in the region.


Information, conducting surveys, etc.




§ 40. Environmental Authority, see. § 39, may order a polluter, see. § 41 paragraph. 3, no. 1, point 1. And no. 2, to provide the information relevant to the assessment of remedial or preventive measures for possible contamination. Polluter-General may direct that

1) carry out sampling, analysis and measurement of substances and the like in order to identify the causes or effects of pollution that has occurred and pollution nature and extent and

2) clarify how the effects of pollution alleviated or prevented.

PCS. 2. An order under subsection. 1 may be granted, regardless of when a possible pollution have been made but not if the potential emissions from a polluter establishment or plant ceases before 1 January 1992. An order under subsection. 1 can also be notified, regardless of a possible pollution has been referred. However, § 41 paragraph. 3, no. 2.


Cleanup or other remedial measures pollution that will take place on 1 January 2001 or later



§ 41. For contaminants that occur on 1 January 2001 or later, the environmental authority provided. § 39, communicate polluter ordered to remove a recorded pollution and restore the baseline condition or make corresponding remedial measures.

PCS. 2. Orders may be issued, regardless of how the contamination happened, see. However paragraph. 3, no. 2. An order can not be issued where the pollution is caused by war, civil unrest, nuclear damage or natural disasters. Injunctions can not be communicated where the pollution is caused by fire or vandalism, not due to the polluter's reckless behavior or behavior, after which the polluter is subject to stricter liability rules under other legislation.

PCS. 3. As pollute considered:

1) A person who for commercial or public purposes driver or drive the business or use or used the premises from which the pollution originated. The pollution or part of it must have happened in the current operating period.

2) Andre, who has caused a pollution where such pollution is caused by reckless behavior or conduct that is subject to stricter liability rules under other legislation.

PCS. 4. An order can not be issued if there's been 30 years or more after the end of the production or use of the facility that caused or could cause pollution.

PCS. 5. For installations for the disposal of waste must be 30 years in the paragraph. 4 is calculated from the termination of the plant's finishing period.



§ 42. If contamination has happened before 1 January 2001, will continue after that date, the provisions of § 41 and § 43 apply only where the environmental authority establishes that the major part of contamination has occurred after 1 January 2001.


Common provisions





§ 43. If pollution can be attributed to several polluters can order referred to in § 40 and § 41 shall be notified of them. The order for the individual polluting determined by reference to the proportion of the overall pollution, the environmental authority estimates derived from that. If it is not possible to assess more polluters respective shares of the pollution, the environmental authority of the orders start from the principle that equal proportions of pollution, including pollution not with certainty be attributed to one or more pollutants, attributed to these polluters.

PCS. 2. There can not be notified in order to pollute if it is assumed that only a negligible share of the pollution can be attributed to this pollutant.

PCS. 3. If polluters granted injunction in accordance with paragraph. 1 can not agree on together to comply with the orders, a new injunction in conducting investigations or cleanups of the overall pollution communicated to the polluter as likely to have contributed the largest share of pollution. If the environmental authority under subsection. 1 have assumed that pollution in equal proportions derived from polluters, orders may be issued to the polluter who has control of the property. If no polluters have to dispose of the property, injunctions can be directed to the polluter who eventually had to dispose of the property.

PCS. 4. A person who is obliged to implement the order issued under paragraph. 3, can claim the costs covered by the other polluters, to the extent that the costs to comply with the injunction can be attributed to their share of pollution and other polluters were or could be the addressee of an order.



§ 44. Orders issued under § 40 and § 41 may be granted, regardless of whether the polluter has to dispose of the contaminated property. For contaminants has happened before 1 January 2000 may order issued under § 40, however, only be granted if polluter February 10, 1999 or later had to dispose of the contaminated property. In the injunction should be fixed duty reetableringer of the contaminated property.

PCS. 2. If the polluter does not have to dispose of the contaminated property, environmental authorities issue orders to the person who has control of the property, to tolerate that studies, remediation or other measures implemented by the polluter's measure.

PCS. 3. An order under subsection. 2 is binding on the person who at any time have to dispose of the contaminated property.



§ 45. Orders issued under § 40 and § 41, relating to a company in operation is binding on subsequent operators if it subsequently operator at the time of acquisition knew or should have known that the injunction was granted. The same applies to instructions contained in the prelude.

PCS. 2. Is there at the time of acquisition of the company informed or forewarned mandatory surveys etc. according to § 40 to a company in operation, can be ordered on additional measures on the same pollution granted a later operator if it subsequently operator at the time of acquisition knew or should know that the injunction was granted or prelude.

PCS. 3. Orders issued under § 40 and § 41 to a company in operation is binding on subsequent assignees of the contaminated property if

1) the order was issued or the prelude before the acquisition, but not granted, even if the execution has been impressed, and this has been reported to the police,

2) the transferee at the time knew or should have known that the injunction was granted or prelude, and

3) the acquisition is from someone who himself was or could be required to comply with the order.



§ 46. Environmental Authority lets information injunction granted by this chapter or prelude, things bright on the property for påbudsadressatens bill referred. However paragraph. 2. Information on orders issued according to § 44 paragraph. 2, and warning that effect shall not be registered.

PCS. 2. If an order is prelude, not communicated finally, the environmental authority cover påbudsadressatens registration cost.

PCS. 3. Environmental Authority lets land register injunction cancel when the order is complied with.



§ 47. There is no enforcement notice under this chapter regarding publicly operated landfills etc. that are put into use before 1 October 1974 and which was no longer in service on 1 September 1990.


Owners of oil tanks with a capacity of less than 6000 liters for domestic heating and insurance obligations





§ 48. spills detected by one of the environmental and food minister specified date, the environmental authority provided. § 39, no matter how contamination has occurred, notify owners of oil tanks, see. Paragraph. 3, injunctions information and conducting examinations pursuant to § 40 paragraph. 1, and to remove the observed pollution and restore the baseline condition or make corresponding remedial measures.

PCS. 2. An order under subsection. 1 can not be granted if the contamination is caused by war, civil unrest, nuclear damage or natural disasters. Where the conditions for issuing an order under subsection. 1 met, but the ratio covered by § 49 paragraph. 2 may be issued an order under subsection. 1 if contamination has occurred after the commencement of the Act.

PCS. 3. An order under subsection. 1 may be communicated to owners of oil tanks with a capacity of less than 6000 liters, where 50 percent or more of the area to be heated with oil from the oil tank, residential, if the plant has been used by the by the Minister date provided. Paragraphs . 1, and has been or may have been used immediately before the finding of pollution. If contamination is found within 12 months after the Minister of date provided. Paragraphs. 1, can order issued under paragraph. 1 also notified if the system has been in use within 12 months prior to the finding of pollution.

PCS. 4. Orders may be issued, even if the owner of the oil tank has to dispose of the contaminated property. In the injunction should be fixed duty reetableringer of the contaminated property.

PCS. 5. If the owner of the oil tank not dispose of the contaminated property, environmental authorities issue orders to the person who has control of the property, to tolerate that studies, remediation or other measures implemented. This injunction is binding on the person who at any time have to dispose of the contaminated property.

PCS. 6. For spills that are not covered by paragraph. 1, see. Paragraph. 2, the other provisions in the legislation on contaminated land use.

PCS. 7. The Minister may lay down rules as to which orders can be registered on the property.



§ 49. Owners of oil tanks that can be communicated injunction in accordance with § 48 paragraph. 1, see. § 48 paragraph. 3, to be covered by an insurance policy that covers expenditure defined. However paragraph. 2, to environmental regulatory agencies on investigations and cleanup after the provision in § 48.

PCS. 2. The obligation of insurance does not cover expenses, where pollution

1) is caused intentionally by the tank owner

2) come from installations which tank the owner knew or should have known not meet government regulations thereof contained in the Order on the design, construction and operation of oil tanks, piping and pipelines, or

3) because the supply of oil in the tank owner's ownership has not been done by public down provisions, contained in the Order on road transport of dangerous goods.

PCS. 3. The obligation to be covered by insurance shall expire six months after the tank is taken out of service and dismantled properly.

PCS. 4. The insurance should be covering the latest from environmental and food minister date provided. § 48 paragraph. 1.

PCS. 5. The insurance must cover the costs listed in paragraph. 1. Showing the cost of fulfillment of an order, see. § 48 paragraph. 1, up to exceed 4,162 million. kr. incl. VAT, the insurance company must contact the environmental authority for the latter to approve the part of the project, which exceeds 4,162 million. kr. incl. VAT. The amount and price lønreguleres annually on. 1 January by the Ministry of Finance set the rate for the general price and wage index. The adjusted amount is rounded up to the nearest thousand kroner. Cost of which exceeds 4,162 million. kr. incl. VAT payable by the environmental authority. The environmental authority must advance on demand guarantee it.

PCS. 6. State, regions and municipalities are exempt from compulsory insurance.

PCS. 7. An insurance company can not bring insurance is terminated due to non-payment of premium without evidence that another insurance has been taken.

PCS. 8. The insurance company has a lien on premiums with interest and other costs. The company has also lien for services in the insured property after property tax for state and municipality for one year from maturity.

PCS. 9. The Minister may, after consultation with providers of oil insurances establish detailed rules on the content of the insurance.



Chapter 6

Disposal and use of land




§ 50. Anyone who moves land outside the property where it was excavated, and anyone who uses such land must ensure that the soil does not cause harmful effects on nature, the environment and human health.

PCS. 2. Excavation and removal of contaminated soil and earth from a mapped property, a mapped part of a building or land used for public roads, as well as from a property that is covered by the area classification in accordance with § 50 a, by that notified to the local council. There must also be notified to the municipal council by moving soil from an approved reception facility for land.

PCS. 3. Environment and Food Minister may lay down rules on notifying the scheme under subsection. 2, including

1) the distribution of tasks between authorities

2) requirements for the content and form,

3) requirements for the notifier and the consignee of the ground on sampling and analysis of the notification covered land,

4) that in certain types of areas or in areas which are identified by the local council, not be taken analysis of the soil,

5) the carrying out numerous land movements from areas with uniform contamination, and the moving soil from an approved reception facility for land may lodge soil movements gathered for a given period

6) that small amounts of soil from certain types of land or from areas as determined by the municipal, are exempted from the notification requirement,

7) that can be notified at the same time or after the earth moved, including the review may take place simultaneously with the handover of the land to an approved processing plant for soil and under which conditions,

8) the period of four weeks following paragraph. 5 and 6 under defined conditions limited

9) a delivery system and requirements to the notifier and the consignee for proof of the earth's management, including evidence that recycling was done in accordance with applicable rules and

10) Special rules for review of land from land used for public road and private road where there must be a duty to review, and from an approved reception facility for land.

PCS. 4. Environment and Food Minister may lay down rules that the municipal public involvement must establish regulations on notifying the scheme under subsection. 2. The Minister may lay down rules on how the public is involved in the drafting of regulations, regulations the publication and entry into force, including that publication may be made entirely digitally.

PCS. 5. Excavation and management of soil, carried out in accordance with regulations issued under paragraph. 3 and § 51 and regulations, see. Paragraph. 4 may be implemented four weeks following the notification referred to. However paragraph. 6

PCS. 6. If excavation and handling can not be done in accordance with paragraphs. 5 these rules, or if the local council where the land is to be used, want to oppose earth recycling or to the relevant terms, see. § 51, the municipal council notifier notification within four weeks after the notification. The notifier may in such cases not initiate the exhumation and handling.

PCS. 7. Local council decisions under paragraph. 6 that the excavation and handling can not be done in accordance with paragraphs. 5 of these rules and decisions under rules issued under paragraph. 3 or 4, can not be appealed to any other administrative authority.



§ 50 a. Urban, see. Planning Act § 34, is classified as area that can be easily contaminated, see. However paragraph. 2.

PCS. 2. If the municipal council has knowledge that a larger contiguous area within the urban area is slightly contaminated, the municipal council through a regulation exempting the area from the classification.

PCS. 3. If the municipal council has knowledge that a larger contiguous area outside the urban area is slightly contaminated, the municipal council through a regulation to include the area as covered by the classification. An exception is the Ministry of Defence properties, as the Ministry of Defence without regulations in cooperation with the local council includes such areas as covered by the classification.

PCS. 4. The municipal public participation prior to the classification of a larger contiguous area in regulations under subsection. 2 and 3.

PCS. 5. The local authority must publish regulations. Publication can take place exclusively digital. Disclosure shall be made by advertising in local magazines and on the municipal website. The local council shall also publish information on the background for the Regulation. On the same occasion the council should state about the health consequences concerning areas with slightly contaminated soil.


PCS. 6. A Regulation shall enter into force on the day following its publication or later after the local council's decision.

PCS. 7. Environment and Food Minister may lay down rules on the preparation, publication, scope and content of the regulations, including rules on the exclusion or inclusion of certain types of areas, see. Paragraph. 2 and 3, as well as rules on principles for the delimitation of larger contiguous areas.



§ 51. Environment and Food Minister may lay down rules on recycling of land for certain purposes, including rules on the criteria and thresholds for notification and that the local council, where the land is to be used, in special cases, oppose recycling or set conditions thereof.



§ 52. Supply and polluted as unpolluted land for mining, digging and former mining pits is prohibited.

PCS. 2. The Regional Council may grant an exemption from the ban if

1) extractors shoulder or owner proves that by 19 December 1996 was contractual obligations relating to the supply of land for property

2) extractors shoulder or owner with significant economic losses prevented from exploiting the property, as after previous rules had particular reason to expect, or

3) there is no risk of contamination of water abstraction plants or groundwater, which is expected to be part of the future water supply, and other similar environmental considerations do not contradict.

PCS. 3. Exemption under subsection. 2 from the ban on landfilling of uncontaminated soil may contain terms, including on the management of the ground or on evidence that there is uncontaminated soil.

PCS. 4. Exemptions under paragraph. 2 from the ban on landfilling contaminated soil may contain terms, including on the management of the land or to comply with any documentation requirements. Further requires exemptions are granted, the municipal council in accordance with § 19 of the Environmental Protection Act or the approval authority in accordance with § 33 of the Environmental Protection Act sets out the conditions for jorddeponeringen. If the county council at the commencement of the Act has authorized landfill dumps in the mining and digging under § 19 or § 33 of the Environmental Protection Act, this authorization remains.



§ 53. Environment Food Minister may lay down rules on the control of deposition of soil in raw material graves, including that the person receiving the land for their own account to carry out sampling, analysis and measurements of the earth.



Chapter 7

Administrative provisions


decisions




§ 54. Decisions made under this Act shall be communicated in writing to the addressee. Decisions can be appealed, shall also be notified complaint eligible individuals, organizations and authorities referred to. §§ 82 and 83, and the authorities also have been involved in the proceedings. Decisions need only be communicated to the associations and organizations listed in § 83 paragraph. 2 and 3 when they requested environmental and food Minister to receive notification of the decisions, see. § 56 a paragraph. 2.

PCS. 2. Notification of the persons mentioned in § 82 paragraph. 1 pt. 2, can be made by public announcement. Advertising can be done entirely digitally.

PCS. 3. Orders may be issued orally when there is a health risk, and immediate action is required to avert significant environmental damage. An oral decision should soon be confirmed in writing.



§ 55. Mandatory must include a deadline for compliance with the decision. When there are special circumstances, there may be decided on the order must be complied with immediately.



§ 56. Where there are special reasons for it, the environmental authorities decide to complain about the injunction should not have suspensive effect.



§ 56 a. Local associations and organizations have the protection of the environment and nature as main objective, to notify the municipal council, regional council, environmental and food minister about the specific types of decisions under Chapter 4a and 4b the association wants notification referred. § 54 paragraph. 1 and § 83 paragraph. 1. The association must also submit articles of association, which proves that it is locally organized and that its main purpose is the protection of the environment. The same applies to local associations and organizations for their purposes as providing important recreational interests when decisions affecting such interests.


PCS. 2. Nationwide associations and organizations by their statutes is to protect nature and the environment as main objective, to inform the minister about the specific types of decisions under Chapter 4a and 4b the association or organization wishes notification, see. § 54, paragraph . 1, after which the Minister within 14 days shall notify the municipal council or regional council. The same applies to national associations and organizations for their statutes designed to handle significant recreational interests when decisions affecting such interests.

PCS. 3. Local branches of national associations and organizations are not subject to the provisions of paragraph. 1 and 2.


Access to the property




§ 57. Environmental authorities have, if deemed necessary, at any time, on proof of identity without a court order, see. However paragraph. 2, access to public and private properties and locations as well as transport for the supervision according to § 65, § 66 and § 66a and following similar regulations issued pursuant to the Act and to undertake measures in accordance with Chapter 2-4, § 68, paragraph . 1, 2 and 4, § 73a and § 73 b. Environmental authorities have including access to photograph, copy or include documents and include other items free of charge. Receipt included has be handed. The same applies to the people that these authorities are authorized to do so, National Board of Health and persons granted access in accordance with § 58 paragraph. 1.

PCS. 2. Access by paragraph. 1 requires a court order where the access is to let the measures ordered perform, see. § 68 paragraph. 1. however, not required court order if

1) a situation as described in § 68 paragraph. 2, or

2) access to the complete study injunction or cleanup injunction is necessary to prevent that in § 68 paragraph. 2, mentioned the situation arises.

PCS. 3. The police shall provide the authorities and people of those authorized to do so, assistance in exercising powers under subsection. 1 and 2. Environment and Food Minister may, after consultation with the Minister of Justice lay down detailed rules.



§ 58. The Regional Council may decide that the studies or cleanups can be performed on a particular property of others than the authorities under this Act. The Regional Council must impose on them a duty of restoration of the polluted property. The Regional Council can issue orders to the person who has control of the property, to tolerate that such work be carried out.

PCS. 2. An order under subsection. 1 is binding upon the then current owner or user.

PCS. 3. Regional Council allows information injunction granted under subsection. 1 or prelude, things bright on the property. The regional council allows land registration of the information referred to cancel once the measure on the property is completed. Cost of registration and cancellation held by the person by decision in accordance with paragraph. 1 performs studies or cleanups on site.


Authorities etc.




§ 59. Environment and Food Minister may authorize a ministry-established state authority or after negotiation with the minister other state authorities to exercise the powers under this Act given to the Minister.

PCS. 2. The Minister may lay down rules on the right to appeal against decisions taken pursuant to authorization under subsection. 1, including that decisions can not be appealed.

PCS. 3. The Minister may lay down rules governing the exercise of the powers of another state authority after negotiation with the minister is authorized to perform under subsection. 1.



§ 60. (Repealed)



§ 61. Environment and Food Minister may order the regional councils or local councils to address issues, including specific cases concerning contaminated soil up for consideration and adoption.

PCS. 2. The Minister may in special cases impose a regional council to carry out investigation and remediation of areas mapped or could have been mapped, see. § 5.

PCS. 3. The Minister may also require regional and municipal councils to provide information for the assessment of the matters regulated by this Act within the individual municipality or region area. The information can be requested in a particular form.

PCS. 4. The Minister may lay down rules as to the regional councils and local councils must submit reports of their mapping and monitoring activities, including the results of measurements and tests.


PCS. 5. The Regional Council shall submit an annual report to the Minister on the activities carried out under this Act, expenditures and planned developments, budgets etc. for the coming year.

PCS. 6. The Minister may lay down rules on regional council reporting in accordance with paragraph. 5.

PCS. 7. The Minister may lay down rules on authorities' duty to digital recording information relevant to real estate transactions and the disclosure and publication of such information.



§ 62. The municipal council, respectively, environmental and food minister as supervisory authority shall, upon request provide the regional council all information that is essential for the assessment of the matters regulated by this law within each municipality.



§ 62 a. Environment and Food Minister specified for compliance with the European Community directives and decisions on nature conservation rules on the circumstances and on what terms authorization according to § 8 paragraph. 1 and 2, and exemptions according to § 52 paragraph. 2 reported.



§ 63. Authentication, authorization, plan preparation and waiver under the Planning Act, the Nature Protection Act, the Mining Code, the Environmental Protection Act, the Water Supply Act, the Act on streams and law on forests is unnecessary for the execution of studies and remedial measures in accordance with Chapter 3 and 4. This shall not apply if the relevant laws and provisions thereof apply, or are part of the implementation in Denmark of the European Communities directives or regulations. Similarly, the provisions of the Environmental Protection Act continue to apply to the handling of land.

PCS. 2. If a project for remediation involves inflated contaminated groundwater to be discharged into rivers, lakes or the sea, the regional council shall publish a project, so as to give the public access to submit objections to the proposal within a period of four weeks. Publication can take place exclusively digital.

PCS. 3. Regional Council's final decision, see. Paragraph. 2, can not be appealed to any other administrative authority.



§ 64. Regional Municipality of Bornholm exercising municipal tasks which the law may refer to the regional council or transferred to the regional council in accordance with regulations issued under the Act.



§ 64 a. Environment and Food Minister may lay down rules that must be made use of digital communication, including specific IT systems, special digital formats, digital signature etc., By

1) evaluation according to § 38 k, paragraph. 1 presentations for assessment according to § 38 k, paragraph. 2 measures according to § 38 l paragraph. 1 and 2, draft measures in accordance with § 38 m paragraph. 1, and documentation of compliance order issued under § 38 m paragraph. 2

2) measures adopted pursuant to Chapter 2, 4a, 4b, 5, 8 and 9 and regulations issued thereunder,

3) Regulators exercise of supervisory activities, including results of Regulators exercise of surveillance activities

4) the regional council and the municipal council's submission of a report on their mapping and monitoring activities pursuant to regulations issued pursuant to § 61 paragraph. 4, including results of surveys and studies

5) regional council report pursuant to § 61 paragraph. 5,

6) appeal against the decisions referred to in no. 2 and

7) communication with authorities in connection with the matters referred to in Nos. 1-6.

PCS. 2. The Minister can lay down rules on the Authority to issue decisions and other documents related to the matters referred to in paragraph. 1, without signature, with mechanically or similarly reproduced signature or using a technique that ensures the unique identification of the State which issued the decision or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 3. The Minister may lay down rules that documents exclusively issued on the basis of electronic data processing, can be issued only with the indication of the authority as a sender.

PCS. 4. A digital communication is considered to have arrived when it is available to the addressee of the message.

PCS. 5. The Minister may lay down rules which authority is responsible for the information covered by paragraph. 1.



§ 64 b. Environment and Food Minister may provide for disclosure, including purely digital, specified in § 64 a paragraph. 1 the. The information may relate to offenses of this Act and may be by name.



Chapter 8


Supervision and enforcement



§ 65. The municipal council supervises

1) that the law and the rules laid down by this Act are complied

2) the order issued by the municipal council to be accepted and

3) the terms established by the local council in connection with the permits and waivers, including under the general rules must be respected.

PCS. 2. The municipal council forwards the cases of failure to comply with orders issued by the regional council to the regional council. The municipal council forwards the cases of failure to comply with orders issued by environmental and food minister for environmental and food minister.

PCS. 3. The local authority must inform the local working environment if the local council establishes indoor air quality problems in a commercial that is believed due to soil contamination.



§ 66. The Regional Council oversees and monitors the development of the state of pollution in the ground. The Regional Council leads also supervise deposits in disused quarries and former mining pits and the areas covered by § 8 paragraph. 6

PCS. 2. The Regional Council is responsible for tracing the sources of pollution in cooperation with the local council, when there has been a contamination of groundwater.

PCS. 3. The Regional Council shall ensure that the order issued by the regional council, cf.. § 39 paragraph. 3, complied.

PCS. 4. The Regional Council shall inform the local building authority if the regional council finds indeklimaproblemer on a residential property as a result of soil contamination.

PCS. 5. The Regional Council shall inform the local labor regulatory authority if the regional council establishes indoor air quality problems in a commercial that is believed due to soil contamination.

PCS. 6. The Regional Council shall inform the affected water supplies as soon as the contamination was detected.



§ 66 a. Environment and Food Minister supervises that orders issued by the Minister referred. § 39 paragraph. 2, followed.

PCS. 2. The Minister must inform the local labor supervisory authority if the Minister establishes indoor air quality problems in a commercial that is believed due to soil contamination.

PCS. 3. The Minister shall notify the local building authority if the Minister finds indeklimaproblemer on a residential property as a result of soil contamination.

PCS. 4. The Minister shall inform the affected water supplies as soon as the contamination was detected.



§ 67. Authority, see. § 65, § 66 and § 66 a, shall cause an offense legalized unless it has secondary importance.

PCS. 2. The Authority can not examine matters which it considers to be of secondary importance to environmental protection.

PCS. 3. Authority's decision under subsection. 1 and 2 can not be appealed to any other administrative authority.



§ 68. Authority, see. § 65, § 66 and § 66 a can on påbudsadressatens expense, have mandatory action to perform when the time limit has expired.

PCS. 2. In the event of a serious and imminent threat to health or in cases where immediate action is required to prevent major pollution or pollution spread, the supervisory authority shall take the necessary steps without orders.

PCS. 3. Authority's decisions under subsection. 1 and 2 can not be appealed to any other administrative authority.

PCS. 4. Where an area is mapped, subject area classification in accordance with § 50a or slightly polluted, the local council may conduct investigations and remedial action.



§ 69. Environment and Food Minister may lay down detailed rules for inspections to the exercise of supervisory activities relating to contaminated soil.

PCS. 2. The Minister may lay down rules on the tracing of pollution in those situations where it is not sufficiently clear from which a contamination originates.

PCS. 3. The Minister may face a municipal or regional council for a certain period further define the extent of the supervision obligation.

PCS. 4. The Minister may lay down rules that supervision in certain cases, by other authorities or by a different distribution than is provided for in § 65, § 66 and § 66 a.



Chapter 9

Miscellaneous provisions


Information on pollution etc.




§ 70. If the local council is informed of a soil pollution, the municipal council must notify the regional council thereof. The local authority must also inform the environmental and food minister where the minister's regulatory authority.


PCS. 2. The municipal council shall inform the local labor supervisory authority if, during construction or earthworks found contamination of the ground, see. § 71 paragraph. 1.

PCS. 3. The Regional Council shall notify the local council if the regional council will have knowledge of that at an area that is not mapped, is slightly contaminated soil, see. § 2. 2. The Regional Council shall also inform the owner and do in this regard to the notifiable according to § 50 paragraph. 2, and the possibility of advice according to § 72 a. The Regional Council must also make the owner aware of the owner's obligation under paragraph. 4.

PCS. 4. The owner shall notify in writing and within four weeks tenants for information that the owner has received in writing by the environmental authorities under paragraph. 3, unless the tenants have received similar notice from environmental authorities.



§ 71. If during construction or earthworks on an area that is not mapped, identified contamination of the ground, the work stopped. The same applies to a mapped area if the observed contamination is not described in the survey. The obligation incumbent on the property owner and the person who performs or lets carry out the work.

PCS. 2. The work may only be resumed four weeks, the Regional Council has been notified of the observed pollution, unless the regional council has prior written notice of its intention not to decide that the land must be surveyed, or the foundations of the land mapping not is changed.

PCS. 3. If the regional council before the end of the paragraph. 2 that period gives written notice of its intention to take a decision that the land must be surveyed, or the foundations of the land mapping is changed, the work must not be restarted until the regional council has notified the mapping or amending the mapping, and that if the work is subject to the permit requirements according to § 8, granted such permission or made necessary revision of a previously authorized.

PCS. 4. The Regional Council shall simultaneously notify the local council and the local labor regulatory authority messages by paragraph. 2 and 3.



§ 72. Any owner or user of a property must be at the request of the municipal council, regional council or environmental and food minister provide all information needed for implementation of regulatory duties under this Act or by the rules laid down by this Act.

PCS. 2. The disclosure includes all information relevant to the assessment of pollution and for any corrective or preventive measures.



§ 72 a. The council must cooperate with the regional council provide general advice on health implications concerning areas covered by the area classification in accordance with § 50a or is slightly contaminated. The council must its general advice to draw attention to owners' obligation under paragraph. 2.

PCS. 2. Owners of properties must be in writing and within four weeks notify tenants for advice on health implications concerning areas covered by the area classification in accordance with § 50a or is slightly contaminated by owners in writing received from environmental authorities, unless the tenants have received similar notice from environmental authorities.

PCS. 3. The local authority may on generally accessible outdoor areas covered by the area classification in accordance with § 50a or is slightly contaminated, direct owners of these within a specified deadline to place or maintain specific less costly measures, including fencing and tile coverage where there may be a health risk by the current application.

PCS. 4. The local authority may for certain areas covered by the area classification in accordance with § 50a or is slightly contaminated, establish rules that owners within a specific period of time make or maintain measures on generally accessible outdoor areas referred to in paragraph. 3.

PCS. 5. Mandatory and rules referred to. Paragraphs. 3 and 4, incumbent on the current owner of the property and is registered on the property.

PCS. 6. Owners must notify tenants about the orders or rules, see. Paragraph. 3 and 4.

PCS. 7. Rules issued under paragraph. 4 shall provide for the local council may grant exemptions if the owner proves that there is no need for the measures imposed.


PCS. 8. Environment and Food Minister may lay down rules on cooperation between the municipal council and the regional council under subsection. 1 and rules on the content of the local rules in accordance with paragraph. 4 and of the publication thereof, including that publication may be made entirely digitally.


Requirements for topsoil in areas with housing, child care center, public playground, allotment or cottage.




§ 72 b. Before an owner or user of a land change use of land for housing, child care center, public playground, allotment or cottage, the owner or user should ensure either that the upper 50 cm soil layer of the undeveloped plot of land is not contaminated or that established a lasting resistant coating.

PCS. 2. In connection with the owner or user carrying out the works on an undeveloped part of an area used for housing, child care center, public playground, allotment or cottage, the owner or user of the work area involved ensure either the upper 50 cm layer of soil is not contaminated, or to set up a lasting resistant coating.

PCS. 3. A subsequent removal of the required soil layer or the required coating after paragraph. 1 and 2 can only happen if the owner or user of new guarantees either that the upper 50 cm layer of soil is not contaminated, or to set up a lasting resistant coating.

PCS. 4. Works, which the owner or user of one- or two-family houses performs on the property, are not subject to the requirement of paragraph. 2, except in the case of construction of new housing.

PCS. 5. Environment and Food Minister may regulate the establishment and maintenance of measures pursuant to paragraph. 1-4, including on the limitation of the measures, in the case of conservation of natural resources and values ​​by wire work and how the measures may have significant technical problems, as well as rules concerning proof of compliance.


Requirement Statement of pollution condition




§ 72 c. The local council shall at the request of an owner or user who has conducted a pollution study, to the extent the documentation submitted permits, declare the land contamination state. The statement must be consistent with obtaining the opinion of the regional council. The municipal council shall inform the regional council about the declaration.

PCS. 2. Environment and Food Minister may lay down rules on cooperation between the municipal council and the regional council under subsection. 1.

PCS. 3. A declaration under paragraph. 1 can not be appealed to any other administrative authority.


Claims for expenses coverage and compensation etc.




§ 73. Environment and Food Minister, the regional council or the municipal council may require expenditure under this Act incurred for investigations, cleanups, other preventive measures, acquisition or compensation for expropriation of a property covered by it or those who are or could be the addressee of an order regarding that property.

PCS. 2. Environment and Food Minister, the regional council or the municipal council's decision under subsection. 1 to require expenditure tire can not be appealed to any other administrative authority. However, environmental and food minister, the regional council or the municipal council's decision on whom a claim may be targeted, appealed when no prior granted injunctions.

PCS. 3. When a cleanup by the public under this Act the expenditure is paid to is completed, joins the environmental authorities of the requirements that the owner may have against the polluter or previous owners on the occasion of the pollution to the extent that the owner claims against the polluter or former owners is reduced due to the cleanup.



§ 73 a. Where § 10 of the Act on security and administration of coercive measures and information duties apply, the supervisory authority may perform the necessary studies for the importers' expense for lighting conditions that they otherwise are or could be required to provide information on .




§ 73 b. In cases where § 10 of the Act on security and administration of coercive measures and information duties apply, or where it is otherwise of enforcement or environmental reasons deemed necessary, the supervisory authority for a limited period decide to perform the self-inspection that a company would otherwise have to perform for the company's expense. The decision to take over the monitoring authority may determine the requirements necessary for the Authority's implementation of controls.



§ 74. This Act does not limit the environmental authorities entitled to compensation under the general law on damages in tort or pursuant to rules laid down in other legislation.

PCS. 2. The amounts paid by value scheme, see. Chapter 4, can be recovered, if by mistake or as a result of misrepresentation, etc. are paid an excessive amount.



§ 75. In determining compensation for expropriation, see. § 22, or arrangements to purchase, see. § 22 and § 34, the to whom the expropriation implemented, require that the property value should be calculated without regard to the value reduction caused by pollution hazard from the contaminated property if he were in good faith by the acquisition of the property. Is or owner could be the addressee of an order under Chapter 4 a or 5 or Chapter 3 of the Environmental Damage Act, calculated property value while taking account of pollution.

PCS. 2. Replacement Determination and setting the property value in cases of expropriation, see. § 22, and by appointment on acquisitions, see. § 22 and § 34 shall be made in the absence of agreement by the valuation established by the Public Roads Act. The provisions of the Public Roads Act § 51 paragraph. 1 and 3-7, §§ 52-56 and §§ 58a-66 shall apply mutatis mutandis, bearing in mind the regional council, which performs the tasks conferred on the road administration in accordance with the Act on public roads.



§ 76. When other than environmental authorities when carrying out measures under this Act has caused damage to another man's property, the owner or user of the property make a claim for the environmental authority when no agreement can be reached on compensation setting, or when the offender can not cover the claim.

PCS. 2. When the environmental authority has covered a claim under paragraph. 1, enters authority of injured parties' claims against the person who caused the damage.

PCS. 3. Erstatningsfastsættelser following paragraph. 1 and 2 and erstatningsfastsættelser of damage caused by environmental authorities execution of measures under this Act shall be made in the absence of agreement by the valuation established by the Public Roads Act. The provisions of the Public Roads Act §§ 51-56 and §§ 58a-66 shall apply mutatis mutandis, bearing in mind the environmental authority, which performs the tasks conferred on the road administration in accordance with the Act on public roads.

PCS. 4. If an investigation ordered pursuant. § 40 states that are not identified contamination on the investigated area, or that pollution does not wholly or partially attributable to påbudsadressaten, the environmental authority has ordered the survey, cover expenses which påbudsadressaten party for the fulfillment of the order.



§ 76 a. After selling space to the local council, regional council or board of a municipal community not to plead limitation in cases of warranty claims as a result of soil pollution on the area that is mapped or could have been mapped, see. § 5 .

PCS. 2. A decision under paragraph. 1 can not be appealed to any other administrative authority.



Chapter 10

Complaints and action


Complaints




§ 77. The following decisions may be appealed to the Nature and Environmental Appeal Board as composed in accordance with § 5, paragraph. 1 pt. 1 of the Act on Nature and Environmental Appeal Board:

1) local council and regional council decisions under the Act or regulations issued pursuant to this Act, unless otherwise provided by law other provisions.

2) Environment and Food Minister's decisions under Chapter 4a and 4b, § 39 paragraph. 2, § 72, § 73 paragraph. 2, point 2., § 73a and § 73 b.

PCS. 2. Region Council decisions on expropriation, see. § 22 paragraph. 2 and 4, may be appealed to the Nature and Environmental Appeal Board as composed in accordance with § 5, paragraph. 1 pt. 2 of the Act on Nature and Environmental Appeal Board.


PCS. 3. Complain to the Nature and Environmental Appeal Board submitted in writing to the authority which issued the decision, using digital self-referred. However, § 18 b paragraph. 2-4 of the Act on Nature and Environmental Appeal Board. Furthermore, the subsequent communication on the appeal made by using digital self. An appeal is considered filed until it is available to the authority. The Authority shall, if it will uphold the decision as soon as possible and generally not later than 3 weeks after the appeal deadline forward the complaint to the Nature and Environmental Appeal Board. The complaint must be in circulation be accompanied by the decision under appeal, the documents concluded in the review, and an opinion of the Authority, the Authority comment on the matter and the stated objections.

PCS. 4. Upon forward the complaint to the Nature and Environmental Appeal Board shall send the same time a copy of its opinion to the appeal involved with a deadline to submit comments on the Nature and Environmental Appeal of 3 weeks of receipt.

PCS. 5. The authority shall immediately inform the Nature and Environmental Appeal Board if, after the complaint is forwarded to the Board, involved in negotiations with the addressee of the decision and the complainant of adjustments to the proposed project that are of importance to the complaint. Nature and Environmental Appeal Board may put the case on hold until the negotiations are completed. The Authority shall inform the Board about the outcome of negotiations once they are completed.

PCS. 6. Authority to disclose the complaints and subsequent communication on appeal with the Nature and Environmental Appeal Board shall be made using digital self. The same applies to cases where the complaint is not lodged by use of digital self-service, but where Nature and Environmental Appeal Board has decided that the complaint is rejected.

PCS. 7. Where a complaint is not using digital self, the authority as soon forward the complaint to the Nature and Environmental Appeal Board. In such cases, paragraph. 3, 4 and 5 sections. And paragraphs. 4 does not apply.



§ 78. Environment and Food Minister may lay down rules that the decisions of minor importance can not be appealed to any other administrative authority.



§ 79. An appeal has suspensive effect for an order unless the Nature and Environmental Appeal Board and decides otherwise.

PCS. 2. In accordance with § 56 has been decided that the injunction should be followed immediately, the appeal does not suspend enforcement unless the Nature and Environmental Appeal Board decides otherwise.

PCS. 3. An appeal against a decision granting or refusal of exemption according to § 52 shall not have suspensive effect unless the Nature and Environmental Appeal Board decides otherwise.

PCS. 4. Paragraph. 3 shall restrict the Nature and Environment Board's right to amend or withdraw an appeal against waiver.

PCS. 5. Appeals against decisions under § 73a and § 73 b have suspensive effect unless the Nature and Environmental Appeal Board decides otherwise.



§ 80. An appeal against a decision on expropriation have suspensive effect unless the Nature and Environmental Appeal Board decides otherwise.



§ 81. The appeal deadline is four weeks from the day the decision was announced. If the decision is publicly announced counted complaint deadline would be from the date of publication.

PCS. 2. If the appeal period expires on a Saturday or holiday, the deadline is extended to the following Monday.



§ 82. The municipal council, regional council, environmental and food minister's decisions can be appealed by

1) the addressee,

2) anyone who has an individual, significant interest in the outcome, and

3) Health.

PCS. 2. The local council may appeal against the regional council decisions, the regional council may appeal the municipal council and municipal council and the regional council may appeal against the minister's decisions.

PCS. 3. The Minister may lay down rules that decisions under this Act may be appealed by certain authorities in other countries.



§ 83. Local associations and organizations have the protection of nature and environment as main objective, may appeal against decisions by the association or organization has requested notification, see. § 56 a paragraph. 1. Local associations and organizations for their purposes as providing important recreational interests, can appeal decisions by the association or organization has requested notification, see. § 56 a paragraph. 1, when a decision affecting such interests and the complaint seeks to safeguard the natural and environmental protection.


PCS. 2. Nationwide associations and organizations by their statutes is to protect nature and the environment as main objective, may appeal against decisions by the provisions of Chapter 4 a and 4 b.

PCS. 3. National associations and organizations for their statutes designed to handle significant recreational interests, can appeal the decision in accordance with Chapter 4a and 4b, when a decision affecting such interests and the complaint seeks to safeguard the natural and environmental protection.

PCS. 4. Local branches of national associations and organizations are not subject to the provisions of paragraph. 1-3.

PCS. 5. Nature and Environmental Appeal Board can to ascertain the complaint merits require that the association or organization shall forward the statutes.



§ 84. (Repealed)



§ 85. (Repealed)



§ 86. Nature and Environmental Appeal Board can provide information and carry out inspection in accordance with the provisions of § 40, § 48 and § 57.


Pleas




§ 87. Proceedings for the trial of decisions under the Act or the rules laid down by law, must be brought within 12 months after the decision was announced. If the decision is publicly announced counted limitation period, however, always from the date of publication.

PCS. 2. Issues to be reviewed by the appraisal can not be brought before the courts before the decision.



Chapter 11

penalty



§ 88. Unless a higher penalty is prescribed under other legislation, punishable by fine who

1) fails to comply with an order under the Act,

2) fails to submit an application in accordance with § 8 paragraph. 1 or 2,

3) fails to take measures specified in § 38 c,

4) fails to submit proposals for how the assessment under § 38 k, paragraph. 1, must be made in accordance. § 38 k, paragraph. 2

5) commencing excavation, relocation and use without notification according to § 50 paragraph. 2

6) contrary to § 8 paragraph. 1 or 2, or § 50 paragraph. 5, modify the application or start working, which are respectively applied for permission and notified

7) without permission excavated or handling soil in violation of municipal notices according to § 50 paragraph. 6

8) disregards the conditions attached to a permit or exemption under the Act,

9) violation of § 9 paragraph. 2, § 12, § 49, § 50 paragraph. 1, or § 52

10) submits incorrect or misleading information in connection with a request under § 29 and § 33 or a notification under § 50 paragraph. 2

11) fails to stop the work as specified in § 71 of recorded pollution

12) giving false or misleading information or fails to provide information as specified in § 72

13) violates § 70 paragraph. 4 and § 72 a paragraph. 2 and 3,

14) violates § 72 b paragraph. 1-4,

15) prevents access to a property in contravention of § 57

16) fails to comply with the requirements of a decision according to § 73 b or delete or modify the equipment by the supervisor placed under a decision under § 73a or § 73 b, or

17) willfully removes, defaces or damages markings made in connection with work and studies by the law.

PCS. 2. The penalty may increase to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence and if the violation has caused harm to the environment or risk of harm, or the violation has obtained or sought financial gain for the question or others, including savings.

PCS. 3. The rules and regulations issued under this Act may stipulate fines. It may also provide that the penalty may increase to imprisonment of up to two years under the same circumstances as specified in paragraph. 2.

PCS. 4. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

PCS. 5. Where a breach achieve financial gain, confiscated this under the provisions of the Penal Code Chapter 9, even if the violation is not caused harm to the environment or risk of harm. Can confiscation is not possible, should be taken separately into account in determining the fine, including any supplementary fine.

PCS. 6. The limitation period for criminal liability is five years for violations etc. specified in paragraph. 1 pt. 1, except those that failure to comply with the investigation ordered by § 40 and § 48 and paragraph. 1, no. 2-10.




§ 89. The searches in cases of violation of the provisions of this Act may be made in accordance with the Administration of Justice rules on the search for cases which by law can result in imprisonment.



Chapter 12

(Omitted) 4)



Chapter 13

Commencement and transitional provisions



§ 94. This Act shall come into force on 1 January 2000 in accordance. However paragraph. 2.

PCS. 2. Environment and Food Minister shall determine the date of entry into force of § 14.5)

PCS. 3. Simultaneously with the entry into force of this Act repealed

1) Law no. 420 of 13 June 1990 on landfills, see. Legislative Decree no. 939 of 27 October 1996 and

2) Law no. 214 of 28 April 1993 for a loss of value scheme for homeowners etc.

PCS. 4. An injunction is binding only for a mortgagee in accordance with § 45 or the Environmental Protection Act § 83a paragraph. 4-6, as amended by this Act § 90, no. 6, if the mortgage is established after 1 January 2000.6)



§ 95. Decisions and the settlement reached by the in § 94 paragraph. 3, said laws or regulations established by the in § 94 paragraph. 3, said laws remain valid until after this Act or regulations issued under this Act a new decision. Violations of such decisions shall be punished by the previous rules.

PCS. 2. (Omitted) 7)

PCS. 3. Decision on repayment of the user charge under the Act for a loss of value scheme for homeowners, etc. determined by the rules that existed when the request for cleanup was filed. The Regional Council may decide on reimbursement according to § 35 paragraph. 2, 3. section.

PCS. 4. Register of Mortgages by the dumping sites registered under the Act on landfill maintained until the depots are introduced in § 14 shall register.

PCS. 5. (Omitted) 8)



§ 96. This Act does not apply to the Faroe Islands and Greenland.

Act no. 1109 of 29 December 1999 amending the Law on contaminated soil (Mandatory Access for studies) relating to § 40 paragraph. 2, § 85. 2, § 88. 1 pt. 2 and 4 and the heading before § 90, contains the following provision:
§ 2


This Act shall come into force on 1 January 2000.

Act no. 447 of 31 May 2000 amending certain environmental laws (Implementation of the Aarhus Convention, etc.), whose § 4 relates to § 18 paragraph. 1 and § 23, contains the following provision:
§ 14


This Act shall enter into force on 15 September 2000.

Act no. 479 of 7 June 2001 amending the Environmental Protection Act and the Act on contaminated soil (Installations for the disposal of waste, etc.), whose § 2 terms of § 41 paragraph. 5 and § 88 paragraph. 2 and 3, contains the following commencement and transitional provisions:
§ 3

PCS. 1. This Act shall enter into force on 1 July 2001.

PCS. 2. In the case of construction of the landfill of waste that law applies to plants receiving waste for disposal July 1, 2001 or later or approved before 1 July 2001 without the acceptance of waste in order the landfill has started.

Act no. 145 of 25 March 2002 amending various laws as a result of the merger of the Bornholm municipalities whose § 35 relates to § 37 and § 64, contains the following provision:
§ 78


This Act shall come into force on 1 January 2003.

Act no. 1151 of 17 December 2003 amending the Water Supply Act, Environmental Protection Act, the Act on contaminated soil and Planning Act (Changes due to Act on environmental targets etc. for wetlands and international nature conservation areas), whose § 3 relates to § 18 paragraph. 1, contains the following provision:
§ 5

PCS. 1. The Act shall enter into force on 22 December 2003 referred to. However paragraph. 2-6

PCS. 2. (Omitted)

PCS. 3. The changes resulting from § 1, no. 6-11 and 19, § 2, § 3 and § 4, no. 2 and 3 shall enter into force in the individual counties once published a water plan applies to the county, under the Act on environmental targets etc. for wetlands and international nature conservation areas laid. however paragraph. 4. If part of a county not yet covered by a water plan, find the existing rules applicable for the purposes of this del.9)

Act no. 355 of 19 May 2004 amending the Law on contaminated soil (Municipal expense coverage and application deadline) relating to § 76a ​​and § 87 paragraph. 1, point 1., Contains the following commencement and transitional provisions:
§ 2

PCS. 1. This Act shall come into force the day after publication in Lovtidende.10)

PCS. 2. § 1, no. 1, also apply to properties where warranty claims raised before the commencement of the Act.


PCS. 3. § 1, no. 2, shall not apply to decisions announced or publicly announced before the commencement of the Act.

Law no. 1373 of 20 December 2004 amending a number of laws on the environment (Changing the enforcement provisions, etc., including following up the law on public security and administration of coercive measures and information duties), whose § 4 relates to § 57 paragraph . 1, § 73a, § 73 b, § 79 paragraph. 5 and § 88 paragraph. 1, no. 11-13, contains the following provision:
§ 7


This Act shall come into force on 1 January 2005.

Act no. 545 of 24 June 2005 amending various laws on health and certain other areas (Consistency corrections as a result of local government reform), whose § 8 relates to § 57 paragraph. 1, Item 4., And § 82 paragraph. 1, no. 3, contains the following provision:
§ 18


This Act shall come into force on 1 January 2007.

Act no. 568 of 24 June 2005 amending the Law on contaminated soil (Implementation of the local government reform), relating to § 3, paragraph. 1 and 2, § 6, paragraph. 1 and 2, § 7, paragraph. 1 and 4, § 8 paragraph. 1-10, § 8 a, § 9 paragraph. 1-3 and 6, § 10, § 11, § 11a, § 12 paragraph. 1 and 2, § 13 paragraph. 1 and 2, § 14 paragraph. 1 and 3, § 15, no. 1, 3 and 4, § 16, § 17, par. 1, 2 and 4, § 18 paragraph. 1, § 21 paragraph. 1-3, § 22, stk. 1-5, § 23, § 24 paragraph. 2-4, § 25, § 28 para. 1, 2 and 4-6, § 29 paragraph. 1, 3 and 4, § 30 paragraph. 1-8, § 33 paragraph. 1, 2, 4 and 5, § 34 paragraph. 1 and 3, § 35 paragraph. 2, § 37, § 38, § 39 paragraph. 2 and 3, § 49 paragraph. 6, § 50 paragraph. 2 and 5-6, § 51, § 52 paragraph. 2 and 4, § 57 paragraph. 1, § 58 paragraph. 1 and 3, § 61 paragraph. 1-4, § 62, § 63 paragraph. 2 and 3, § 64, § 65 paragraph. 1 and 2, § 66 paragraph. 1-6, § 66a, § 67 paragraph. 1, § 68 paragraph. 1, § 69 paragraph. 3 and 4, § 70 paragraph. 1, § 71 paragraph. 2, § 72 paragraph. 1, § 73 paragraph. 1 and 2, § 75 paragraph. 2, § 76 paragraph. 3, § 76 a paragraph. 1, § 77, § 79 paragraph. 1-5, § 80, § 81. 3, § 82 paragraph. 1 and 2, heading before § 83, § 83 paragraph. 1-3, § 84, § 85, § 88. 1 pt. 5 and § 95 paragraph. 3, contains the following commencement and transitional provisions:
§ 2

PCS. 1. This Act shall enter into force on 1 January 2007.

PCS. 2. § 1, no. 40, comes into force on 1 July 2005.

PCS. 3. Cases of the Act shall be finalized by the regional council, including the municipal councils of Copenhagen, Frederiksberg and Bornholm Municipalities and the Act on contaminated soil as amended in § 1 must be processed by the local council, is transferred to the competent municipal, see. however paragraph. 4 and 5.

PCS. 4. Cases of the Act shall be finalized by the regional council, including the municipal councils of Copenhagen, Frederiksberg and Bornholm Municipalities and the Act on contaminated soil as amended in § 1 must be processed by the regional council, is transferred to the appropriate Regional Council, see. however paragraph. 5.

PCS. 5. Cases of the Act shall be finalized by the municipal or county council and by the Contaminated Soil Act as amended in § 1 must be considered by the Environment Minister, transferred to the Environment Minister.

PCS. 6. Complaints that by the Act shall be finalized by the Environment Minister, transferred to the Environmental Appeal Board.

PCS. 7. Cases per. 1 January 2007, before the Environmental Appeal Board as a third instance, or decisions taken before 1 January 2007, but that after 1 January 2007 and before the appeal deadline appealed to the Environmental Appeal Board as a third instance, finalized according to previous rules.

Act no. 507 of 7 June 2006 amending the Law on contaminated soil (Changing the identification of contaminated sites, etc.) relating to § 2. 2 and 3, § 3, § 7, paragraph. 3, § 12a, § 15, no. 5-7, § 17 paragraph. 1, § 28 para. 2, § 50, § 50a, § 57 paragraph. 1, § 68 paragraph. 4, § 70 paragraph. 3 and 4, § 71 paragraph. 2-4, §§ 72 ac, and § 88 paragraph. 1, no. 4, 5 and 11-15, contains the following commencement and transitional provisions:
§ 2

PCS. 1. This Act shall enter into force on 1 January 2007 set. However, paragraphs 3 and 4.

PCS. 2. Mapped areas by the regional council's assessment may be subject to the provision in § 3, paragraph. 3 of the Act on contaminated soil as worded by § 1, no. 2, should be reconsidered with a view to a decision on whether to do repealing survey. Region Council decision must be notified to the owner no later than 1 July 2008. By a notice of termination of the survey informed the owner at the same time that the property can be covered by the provision on the obligation to report on the movement of land, referred to. § 50 paragraph. 2 and § 50 of the Act on contaminated soil as worded by § 1, no. 9 and 10.


PCS. 3. § 7 paragraph. 3 of the Act on contaminated soil as amended in § 1, no. 3 shall apply to requests received January 1, 2007 or later. Is a request received during the period 1 January 2007 to 31 December 2007, the survey until the knowledge level 2, however, only be implemented by 1 January 2009.

PCS. 4. § 50a paragraph. 1-6 of the Act on contaminated soil as worded by § 1, no. 10, comes into force on 1 January 2008. The Minister may provide that § 50a paragraph. 1-6, is effective for one or more specific municipalities at an earlier stage, but not before 1 January 2007.

PCS. 5. § 72 b of the Act on contaminated soil, as worded by § 1, no. 15, does not apply if, before 1 January 2007 has filed required application under the Building Act and other legislation, or if, before 1 . January 2007 agreed on the change or work.

Act no. 538 of 8 June 2006 amending the Administration of Justice Act and various other laws (Police and judicial reform), whose § 90 relates to § 87 paragraph. 3, contains the following commencement and transitional provisions:
§ 105

PCS. 1. This Act shall enter into force on 1 January 2007 set. However paragraph. 2.

PCS. 2. The rules on the jurisdiction of substantive and territorial jurisdiction and the court's composition as worded by § 90 shall apply in civil cases brought after commencement of the Act or referred for consideration by the district court pursuant to paragraph. 8, and in criminal cases where at the commencement of the Act is not indicted in the first instance, see. However paragraph. 6, 2nd sentence.

Act no. 571 of 9 June 2006 amending the Nature Protection Act, Environmental Protection Act and various other Acts (Amendment of complaints and appeals provisions in a number of laws on the environment), whose § 7 relates to § 77, § 81, PCS. 3 and § 83, contains the following commencement and transitional provisions:
§ 12

PCS. 1. This Act shall enter into force on 1 January 2007.

PCS. 2. (Omitted)

PCS. 3. Cases per. 1 January 2007, before the Environmental Appeal Board shall be finalized by the previous rules.

Act no. 1571 of 20 December 2006 amending the Law on Environmental Protection, Law on the Protection of the Marine Environment and various other Acts (Abolition of access to transfer authority power to local communities and changing the delegation provisions, etc. in a number of laws on nature - and the environment), whose § 5 relates to § 59 paragraph. 1-3, and § 60, contains the following commencement and transitional provisions:
§ 23

PCS. 1. This Act shall enter into force on 1 January 2007.

PCS. 2. The municipal council until 31 December 2007 to leave the discharge of duties in accordance with § 5, no. 4, as before 1 January 2007 belonged to the local council to a municipal association in accordance with the existing rules.

Act no. 1587 of 20 December 2006 amending the Act on the Labour Market Supplementary and various other acts (Changes due to gradual increase in the pension reforms, etc.), whose § 10 relates to § 33 paragraph. 1 pt. 1 and 2, contains the following provisions:
§ 19

PCS. 1. This Act comes into force on 1 July 2009, see. However paragraph. 6

PCS. 2-5. (Omitted)

PCS. 6. § 10, no. 2, shall enter into force on 1 January 2007.

Act no. 507 of 17 June 2008 amending the Environmental Protection Act and various other Acts (Implementation of the Environmental Liability Directive), whose § 2 concerns the footnote to the title of the Act, § 21 paragraph. 1, § 38 aj, heading to Chapter 5, § 54 paragraph. 1, § 56 a, § 75 paragraph. 1, point 2., § 77 paragraph. 1 pt. 2, § 83 and § 88 paragraph. 1 and 6, contains the following provision:
§ 15

PCS. 1. This Act shall enter into force on 1 July 2008, cf. However paragraph. 3.

PCS. 2-3. (Omitted)

Act no. 508 of 17 June 2008 amending the Law on Nature Protection, Law on hunting and game management and various other Acts (Implementation of directives on nature protection), whose § 7 relates to § 62 a, contains the following provision: || | § 16


This Act shall come into force on 1 July 2008.

Act no. 514 of 12 June 2009 amending the Law on Nature Protection, Law on hunting and game management and various other acts (protection of certain species, etc.), whose § 12 as footnote 1 to the title of the Act, contains the following provision:
§ 13


This Act shall come into force on 1 October 2009.


Act no. 484 of 11 May 2010 amending the Nature Protection Act, Environmental Protection Act and various other Acts (Amendment as a consequence of Nature and Environmental Appeal Board, etc.), as amended by § 2 of the Law no. 1608 of 22 . December 201011), whose § 16 relates to § 77, § 79 paragraph. 1-5, § 80, § 83 paragraph. 5, § 86 and § 96, contains the following commencement and transitional provisions:
§ 28

PCS. 1. This Act comes into force on 1 January 2011, cf.. However paragraph. 2.

PCS. 2. § 5, paragraph. 2, no. 2, § 9 island paragraph. 1 pt. 1, § 51 paragraph. 5, § 56 paragraph. 3 and § 110 paragraph. 3, the Environmental Protection Act as worded or amended by this Act § 2, no. 1, 2, 5, 6 and 10, § 96 of the Act on contaminated soil as worded by § 16, no. 4, and § 75 , PCS. 3 of the Act on environmental approval, etc. of livestock as amended by this Act § 18, no. 2, shall enter into force on 1 July 2010.

PCS. 3. (Omitted)

PCS. 4. Pending cases in Environmental Appeal Board, which are pending at the commencement of the Act shall be dealt with under the Act on Nature and Environmental Appeal Board of the Nature and Environmental Appeal Board to that in § 5, paragraph. 1 pt. 1 of the Act on Nature and Environmental Appeal Board said composition. In cases where, following the previous rules are selected experts in the treatment of the case, be composed of Nature and Environmental Appeal Board with the participation of these.

PCS. 5 and 6 (Omitted)

PCS. 7. The Minister may also adopt transitional rules.

Act no. 1555 of 21 December 2010 amending the law on heat supply, the Water Supply Act, Environmental Protection Act and the Act on contaminated soil (Digital access to information in connection with real estate), whose § 4 relates to § 61 paragraph . 5, contains the following provision:
§ 5


This Act shall come into force on 1 January 2011.

Act no. 1273 of 21 December 2011 amending the Environmental Protection Act, the Planning Act and various other laws (Digital advertising, mandatory digital communication, cutting the appeal) if § 4 relates to § 15, no. 3, § 18 paragraph. 1, § 38 h paragraph. 2, § 50 paragraph. 4, 2nd sentence., § 50a paragraph. 5, 2nd paragraph., § 54 paragraph. 2, § 63 paragraph. 2 and § 72 a paragraph. 8, contains the following provision:
§ 20


This Act shall come into force on 1 January 2012.

Act no. 446 of 23 May 2012 on the Law amending the Law on Environmental Protection, Law on environmental approval, etc. of livestock, the Contaminated Soil Act and various other Acts (Implementation of the directive on industrial emissions, digital licensing, approval and oversight system afgitringer by freshwater fish farms and regulating the use of inorganic fertilizers, etc.), whose § 4 concerns the footnote to the title of the Act, § 2. 1, § 21 paragraph. 1, § 38 j new chapter 4 b with §§ 38 k-38 o, § 56 a paragraph. 2, § 83 paragraph. 2 and 3, § 61 paragraph. 4, § 64a and § 64b, § 77 paragraph. 1, § 88. 1 and § 88 paragraph. 6, contains the following provisions:
§ 7

PCS. 1. The Act shall enter into force on 7 January 2013 under. However paragraph. 2 and 3.

PCS. 2 and 3. (Omitted)
§ 8

PCS. 1. §§ 38 k-38 ° as worded by § 4, no. 5, shall only apply from 7 January 2014 for livestock which are in operation and hold a permit before 7 January 2013 or has submitted a complete application before that date, provided that these livestock farms are put into operation no later than 7 January 2014.

PCS. 2. Environment Minister sets rules on when §§ 38 k-38 ° as worded by § 4, no. 5, applies to the activities on the list of companies covered by § 38 k, paragraph. 1, as amended by this Act § 4, no. 5.12)

Act no. 580 of 18 June 2012 amending the Act on Nature and Environmental Appeal Board and various other acts (Reform of the complaints on nature and the environment, etc.), whose § 7, which amends by § 77, contains the following provisions :
§ 28

PCS. 1. This Act comes into force on 1 August 2012, see. However paragraph. 2.

PCS. 2. (Omitted)

PCS. 3. This Act shall apply to decisions taken in the first instance by the Act.

PCS. 4. (Omitted)

Act no. 490 of 21 May 2013 on amending the Law on contaminated soil (Public response to contamination that may have harmful effects on water or natural, and decommissioning of the Council Depot, etc.), whose § 1 concerns the footnote to Law title, § 1. 1, § 2. 1, § 3 pcs. 3, § 6, paragraph. 2 new § 6 paragraph. 3, § 8 paragraph. 4, § 12 a paragraph. 5, § 14 paragraph. 1, § 14 paragraph. 3, § 14 paragraph. 4, § 15, § 17 new § 18 and § 19, § 20, § 21 paragraph. 3, § 24, § 30 paragraph. 6, § 49 paragraph. 5, § 50 paragraph. 1, § 61 paragraph. 5-7 and § 64 a paragraph. 1, contains the following provisions:
§ 2

PCS. 1. This Act comes into force on 1 January 2014, in accordance. However paragraph. 2 and 3.


PCS. 2. The Minister shall determine the date of entry into force of the Act § 1, no. 19-22. The Minister may decide that § 1, no. 19-22, will enter into force at different times.

PCS. 3. § 1, no. 28, comes into force on 1 January 2015.

Act no. 1631 of 26 December 2013 amending the Water Supply Act, the Act on the assessment and management of flood risk from rivers and lakes and various other acts (consequential changes to the law on water planning), whose § 12 relates to § 18 and § 19 and § 13 if repeal § 1, no. 19-22 of the Act no. 490 of 21 May 2013 contains the following provisions:
§ 17

PCS. 1. This Act shall come into force the day after publication in the Official Gazette referred. However paragraph. 2.13)

PCS. 2. The Minister shall determine the date for the entry into force of §§ 2 and 3, § 4, no. 2, §§ 5-11, § 12, no. 1, 3, 4 and 6, § 13, § 14, no. 1 and 2 and 4-8, and §§ 15 and 16, the Minister may decide that the changes take effect at different times.

PCS. 3. (Omitted)

Act no. 86 of 28 January 2014 amending the Law on Nature and Environmental Appeal Board and various other acts (Mandatory digital self by filing the complaint, as well as mandatory to disclose the complaints of the local plan for Nature and Environmental Appeal Board, etc.), whose § 7 terms of § 2. 1 and § 77, contains the following commencement and transitional provisions:
§ 26

PCS. 1. This Act comes into force on 1 February 2014, in accordance. However paragraph. 2.

PCS. 2. The Minister shall determine the date for the entry into force of §§ 1-6, § 7, no. 2 and 3 and §§ 8 to 25.14)

PCS. 3. This Act shall not apply to appeals of decisions taken before the law comes into force. For such complaints will find the previous rules apply.

Act no. 1520 of 27 December 2014 on public roads, etc., if § 149 relates to § 22 paragraph. 5, contains the following commencement and transitional provisions:
§ 139

PCS. 1. This Act comes into force on 1 July 2015 as provided. However paragraph. 2.

PCS. 2. (Omitted)
§ 140

PCS. 1. (Omitted)

PCS. 2. Rules laid down under the previous rules remain in force until repealed or replaced by regulations laid down in this Act.

PCS. 3. Cases which at the entry into force pending before a municipality or brought before the Danish Road Directorate, the Minister of Transport or the appraisal shall be finalized by the previous rules.

Environmental Protection Agency, July 3, 2015
Michel Schilling
/ Peter Ostergaard Garden

Official notes

1) The Act contains provisions implementing parts of Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive), Official Journal 1992 no. L 206, page 7, as amended most recently by Council Directive 2006/105 / EC of 20 november 2006 amending Directive 73/239 / EEC, 74/557 / EEC and 2002/83 / EC relating to the environment because of Bulgaria and Romania, Official 2006 no. L 363, page 368, Council Directive 1999/31 / EC of 26 april 1999 on the landfill of waste Official 1999 no. L 182, page 1, last amended by European Parliament and Council Regulation (EC ) no. 1137/2008 of 22 October 2008 adapting to Council Decision 1999/468 / EC a number of instruments subject to the procedure under Article 251 with regard to the regulatory procedure with scrutiny Official 2008 no. L 311, page 1, parts of the European Parliament and Council Directive 2004/35 / EC of 21 april 2004 on environmental liability with regard to the prevention and remedying of environmental damage Official Journal 2004 No. L 143, page 56, which amended by European Parliament and Council Directive 2009/31 / EC of 23 april 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337 / EEC, European Parliament and Council Directive 2000/60 / EC, 2001 / 80 / EC, 2004/35 / EC, 2006/12 / EC, 2008/1 / EC and Regulation (EC) no. 1013/2006, Official Journal 2009, no. L 140, page 114, parts of Council Directive 2009 / 147 / EC of 30 november 2009 on the conservation of wild birds (birds Directive), Official Journal 2010 no. L 20, page 7, parts of the European Parliament and Council Directive 2010/75 / EU of 24 november 2010 industrial emissions, Official 2010 no. L 334, page 17 and parts of the European Parliament and Council Directive 2000/60 / EC of 23 October 2000 establishing a framework for Community water policy, Official Journal 2000, No . L 327, page 1.


2) § 18 is amended by § 12, no. 1 and 3 and § 13 of the Law no. 1631 of 26 December 2013 amending the Water Supply Act, the Act on the assessment and management of flood risk from rivers and lakes and different other laws (consequential changes to the law on water planning). Has not been included in the codified law, since the amendment has not yet entered into force. Minister of the Environment approved water plans for the first planning period in October 2014. The Minister has not yet put the change in § 12, no. 1, in force. When water plans for the second plan period enters into force, it is intended that the minister must put the change in § 12, no. 3, in effect.

3) § 19 is amended by § 12, no. 4 and 6 and § 13 of the Law no. 1631 of 26 December 2013 amending the Water Supply Act, the Act on the assessment and management of flood risk from rivers and lakes and different other laws (consequential changes to the law on water planning). Has not been included in the codified law, since the amendment has not yet entered into force. Minister of the Environment approved water plans for the first planning period in October 2014. The Minister has not yet put the change in § 12, no. 4, in force. When water plans for the second plan period enters into force, it is intended that the minister must put the change in § 12, no. 6, in force.

4) Chapter 12, including §§ 90-93, is omitted as chapter contains changes to the Environmental Protection Act, the Act on assessment of income tax to the state, the law on the taxation of profits from the sale of real estate and the Mining Code.

5) § 14 came into force on 30 December 2000 in accordance. Order no. 1146 of 17 December 2000 on the entry into force of § 14 of the Act on contaminated soil.

6) § 94 paragraph. 4, refer to § 90, no. 6. Chapter 12, including § 90, however, is omitted as chapter contains changes include Environmental Protection Act.

7) § 95 paragraph. 2 are omitted, since the provision concerns transitional provisions of the Environmental Protection Act.

8) § 95 paragraph. 5 are omitted, since the provision concerns transitional provisions for the members appointed by the Council Depot in 1999.

9) § 18 paragraph. 1, as amended by § 3 of Law no. 1151 of 17 December 2003 entered into force on 22 December 2011, cf. Order no. 1207 of 15 December 2011 on the entry into force of § 1, no. 6-11 and 19 and § 3 of the Act amending the water Supply Act, environmental protection Act, the Act on contaminated soil and the planning Act.

10) The Act is promulgated in the Official Gazette on 21 May 2004.

11) Act no. 1608 of 22 December 2010, in § 2 contains an amendment to the commencement provisions in Act no. 484 of 11 May 2010, entered into force on 1 January 2011, cf.. Act § 3, paragraph. 1.

12) The rules for when §§ 38 k-38 o applies to the activities listed enterprises covered by § 38 k, paragraph. 1, entered into force on 7 January 2013 under. Order no. 1454 of 20 December 2014 on approval of listed company (Consent Order).

13) The Act is promulgated in the Official Gazette on December 28 2013.

14) § 77 paragraph. 3, 6 and 7 came into force on 28 January 2015, as. Order no. 57 of 23 January 2015 entry into force of the Law amending the Law on Nature and Environmental Appeal Board and various other laws (mandatory digital self by filing the complaint and mandatory forwarding complain about local plan for Nature and Environmental appeal Board, etc.).

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