Sea Planning Regulation (2015:400)

Original Language Title: Havsplaneringsförordning (2015:400)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:400

section 1 of this regulation is notified pursuant to Chapter 8. section 7 of the Constitution.



Draft marine plans



section 2 pursuant to this Regulation shall be taken to such sea plans referred to in Chapter 4. section 10 of the environmental code.

The proposals will be 1. for the Gulf of Bothnia, relate to the sea area from the border with Finland in Haparanda municipality of Östhammar municipality border towards Norrtälje municipality,



2. for the Baltic Sea refer to the maritime area from Norrtälje municipality border with the municipality of östhammar municipality to Helsingborg and Höganäs municipality border



3. for the North Sea shall refer to the maritime area from Höganäs municipality's boundary against Helsingborg municipality, to the border with Norway in Strömstad municipality.



section 3 a proposal for havsplan shall consist of



1. a map that presents



a) fundamentals of the use of maritime space,



b) those areas within the maritime area that are of national interest according to Chapter 3. the environmental code, and



c) other public interests is essential, and 2. a plan description to be



(a) the guidelines for the use of) enter the sea area, b) specify and describe the areas within the maritime area that are of national interest according to Chapter 3. the environmental code, c) account for the other public interests of substantial importance, the current use of sea area and the planning conditions as the plan takes into account,



d) account of the considerations which formed the basis for the plan, e) indicate how issues of incompatible purposes should be resolved, and (f)) clearly acknowledge the meaning and consequences of the use of sea area according to the plan.



4 section a proposal for havsplan should be designed so that the plan 1. integrates business policy objectives, social and environmental objectives,



2. contribute to a) good environmental status in the marine environment is reached and maintained,



b) ocean resources are used sustainably so that development of maritime sectors and



c) promote coexistence between different activities and uses, and



3. provide the guidance necessary for the areas covered by it may be used for the purposes for which they are most suited to taking into account the area's nature and location, as well as the needs that exist.



The proposal should be compatible with 3 and 4. the environmental code.



Efforts to develop a proposal for havsplan



paragraph 5 of the Sea and the water authority shall develop draft sea plans under paragraphs 2 to 4, and in the suggestion connect with work



1. Boverket,



2. The State's agricultural work, 3. the authorities listed in paragraph 2(2) of the Ordinance (1998:896) concerning the management of land and water areas, and 4. relevant county administrative boards.



section 6 of the authorities referred to in paragraph 1 and 3 shall, within their areas of responsibility, interacting with marine and water when it takes up a proposal to havsplan and based on the information they hold ge marine and water the surfaces needed to take forward the proposal.



The obligation referred to in the first subparagraph shall not apply to information covered by the obligation of professional secrecy.



section 7 of The county administrative boards which are concerned by a proposal to havsplan, in addition to interacting with marine and water in accordance with paragraph 5 of



1. develop, compile and submit the supporting documents to the marine and water as necessary in the development of proposal 2. actively participate in marine and water agency for municipal participation in accordance with section 9 and in other supporting and coordinating work towards municipalities, and 3. otherwise help marine and water in the process of developing the proposal.



section 8 of the drafting work should provincial governments cooperate with each other. Cooperation shall be coordinated by the



1. The County Administrative Board of Västernorrland County, if the proposal relates to the Gulf of Bothnia,



2. The County Administrative Board of Kalmar county, if the proposal relates to the Baltic Sea, and



3. The County Administrative Board of Västra Götaland, the proposal relates to the North Sea.



9 § marine and water will give the municipalities, regional planning agencies, municipal and County collaborative body that can be affected by a proposal to havsplan the opportunity to participate in the drafting work so that account can be taken of local and regional conditions and needs.



10 § marine and water, in its work on draft marine plans to apply an ecosystem approach.



Cooperation with other countries



section 11 of the Sea and the water authority shall promote cooperation with other countries on matters relating to maritime spatial planning and work to ensure that the proposed sea plans are coordinated with the maritime spatial planning of neighbouring areas by other EU countries.



section 12 of the marine and the water authority shall, where appropriate, promote cooperation with third countries on matters relating to maritime spatial planning.



Consultation on the draft havsplan



13 § a draft havsplan, likely to have such significant environmental effects referred to in Chapter 6. section 11 of the environmental code.

Marine and water to let the proposal be subject to consultation in a manner that complies with the requirements of Chapter 6. 11-15 and 22 of the environmental code.



The environmental impact assessment established under Chapter 6. section 12 of the environmental code to appear along with the proposal.



section 14 marine and water to keep the proposal to havsplan, as it was designed after consultations under section 13, available to anyone who wishes to comment may do so within a certain period of time.



section 15 of the sea and the water authority shall announce that the draft havsplan is available for those who wish to review it.

The proclamation shall be made on the Authority's website and in the appropriate ortstidningar.



Of the notice shall specify 1. which sea area which is to be implemented,



2. where the proposal is available and the length of time for an opinion according to section 14,



3. to those who wish to submit comments on the proposal to do it during the time of the opinion, and



4. to whom written comments on the proposal should be submitted.



Provisions on the publication Act (1977:654) If publication of matters of authority, etc.



Proposal for a regulation in order to achieve the objective of a havsplan



16 § if necessary to achieve the purpose of a havsplan, marine and water, develop draft regulations to ban or restrictions on activities or measures within a havsplanerat area.



section 17 When marine and water brings forward proposals for regulations it shall cooperate with the relevant authorities referred to in paragraph 5 and with the relevant municipalities, regional planning agencies, municipal and county councils co-operating units.



Transmission of the proposal to the Government



section 18 When marine and water according to §§ 5-15 is finished with the draft havsplan, the authority shall submit the final proposal to the Government together with



1. a summary statement of the opinion,



2. a statement of the consultation referred to in paragraphs 13 and 14 of the opinion procedure under, and



3. the other evidence relevant to the evaluation of the proposal.



The dossier shall indicate the comments received and how account is taken of the comments.



19 § When marine and water according to §§ 16 and 17 is ready with a proposal for a regulation, the authority shall submit the final proposal to the Government, together with an opinion and the other documentation relevant to the evaluation of the proposal.



Public access to the Sea decided plans



section 20 when the Government has decided on a havsplan, marine and water keep the plan available to the public.



Follow-up and updating of marine plans



section 21 When a havsplan has been decided by the Government, marine and water running take cognizance of developments in the areas concerned and, if necessary, or at least every eight years developing new proposals under sections 5 to 15 so that sea plan is kept up to date and can fulfill its purpose.



In terms of environmental impact, marine and water make it as a determining authority to do under Chapter 6. section 18 of the environmental code.