Law (2010:921) On Land And Environment Courts

Original Language Title: Lag (2010:921) om mark- och miljödomstolar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:921

Chapter 1. Introductory provisions



section 1 of this Act apply to the processing of cases in

land and Environment Court and land and environmental and

such handling of the Supreme Court of justice resulting from

provisions of this law.



Government Announces rules about which district courts to be

be land and environmental courts as well as on land and

environment and their territorial jurisdiction.



Mark and miljööverdomstol are the Svea hovrätt.



section 2 of The land and Environment Court judgments and orders,

an appeal to the Court of appeal and, unless otherwise

is prescribed.



Soil and superior environmental judgments and decisions may be appealed

to the Supreme Court, unless the context otherwise.



section 3 of The land and Environment Court hears matters

According to the environmental code,

real estate formation Act (1970:988), the planning and building Act

(2010:900) and other teams.



A goal or case at a land and Environment Court begins

by



1. an application or another application to soil

and environmental justice, or



2. that a management authority or a municipality's decision

be appealed to the land and Environment Court.



Chapter 2. Courts and their composition



section 1 of the land and Environment Court and land and environmental

There shall be a judge-in-training and technical advice.



In the land and Environment Court judge also special members.



section 2 a technical advice should have technical or scientific training and experience of such issues to the Court.



A special member shall have experience in such matters that fall within the Agency's view, marine and water authority, Housing or land register area of activity, by industrial, municipal or areell activity or of water and sewage issues. Law (2015:686).



section 3 of the Act (2010:1390) appointing judges is

provisions relating to the appointment of technical advice.



The Government or the authority, as the Government determines

employ a substitute for technical advice as well as ordering the Special

members of the land and Environment Court.



The Government or the authority that the Government appoints

which of the scholars and judges of the District Court of appeal that

to serve in the land and Environment Court, the respective land and

Environmental Court of appeal. Law (2010:1885).



4 §/expires U: 2016-07-01/

In a case or case where the land and Environment Court is the Court of first instance, right at the main hearing or meeting shall consist of a legally qualified judges, who is the President of a technical advice and two special members. One of the special members must have experience of such matters that fall within the Agency's view, marine and water authority, Housing or land register area of activity or of water and sewage issues. The second special member must have experience of industrial, municipal or areell activities, of those issues which fall within the area of activity of the said administrative authorities or by water and sewage issues. Instead of one of the special members receive an additional legally qualified judge or technical advice be included in the law, if the destination or the nature of the product causing it.



The first subparagraph shall also apply when a case or case will be decided on the merits without a main hearing or meeting, unless the Court finds that it is enough with the Chairman and a technical advice and the parties agree to it or proceedings or the matter of simple nature.



In addition to what is stated in the first paragraph, one or two members be included in the law. Extended right with two members, one Member shall be legally qualified judges and the other technical advice or special member. Law (2015:686).



4 section/entry into force: 07/01/2016

In a case or case where the land and Environment Court is the Court of first instance, right at the main hearing or meeting shall consist of a legally qualified judges, who is the President of the Court, and by a technical advice and two special members. One of the special members must have experience of such matters that fall within the Agency's view, marine and water authority, Housing or land register area of activity or of water and sewage issues. The second special member must have experience of industrial, municipal or areell activities, of those issues which fall within the area of activity of the said administrative authorities or by water and sewage issues. Instead of one of the special members receive an additional legally qualified judge or technical advice be included in the law, if the destination or the nature of the warrant.



The first subparagraph shall also apply when a case or case will be decided on the merits without a main hearing or meeting if it is not with respect to the target's scope and severity are enough to right consists of the Chairman and a technical advice.



In addition to what is stated in the first paragraph, one or two members be included in the law. If the law is extended by two members, one Member shall be legally qualified judges and the other technical advice or special member. Law (2016:246).



§ 5 in cases where the land and Environment Court is first

instance, right at different processing than that referred to in paragraph 4 of the

and, at the hearing of oral preparation consist of a

legally qualified judge. The same applies for a hearing in the case that

referred to in Chapter 1. 3 a of the second and third subparagraphs of the code of judicial procedure.

If there are reasons for the composition of the may be extended with

a legal expert or technical advice.



As provided in the first sentence of the first subparagraph shall also apply

in the case of imposition of penalty of specific actions of the authority.

Law (2010:1886).



section 6 in case that has been appealed to the land and Environment Court

shall, subject to the second or third subparagraph, or

section 7, the right to determine the thing consist of a legally qualified judges,

who is the President of the Court, and a technical advice.



Instead of the technical Council may further legally qualified

judges include in rättten, if the target's nature causing it.

About complexity or extent of causing it,

the right to have the Assembly that under paragraph 4 applies at

main hearing.



On the crucial issue of a permit under the environmental code

the right to have the Assembly that under paragraph 4 applies at

main hearing, if the target is not of simple nature.



section 7 of the case that has been appealed to the land and Environment Court

get the right at different processing than that referred to in paragraph 6 shall consist of

a legally qualified judges. The same applies when deciding on the merits of

These objectives are of a simple nature, except in the cases

referred to in paragraph 6 of the third paragraph.



section 8 if, in the law to include other than scholars, judges,

the President of the Court decides in the light of the issues

examined in the case and in compliance with what is provided in 4

paragraph 3(1) of the special members who

included in the law.



section 9 Of the land and Environment Court consists of more than two

members and one of its members are unable to attend then

main hearing or equivalent procedure has

begun, the law still attained if one of the remaining

its members are legally qualified judge.



section 10 of the cases that have been appealed to the land and

rättten Court of appeal shall consist of at least four members,

of which at least three shall be judges-in-training. At least four

judge-in-training must, however, always take part in the law, about three

judge-in-training have been included in the law of the land and

the environmental court. If one of the judges, scholars are unable

Since the main hearing or other proceedings have

begun, the law still attained. More than five members may

not to participate. Technical advice should always be included in the law, if it

not is clearly unnecessary. One of the scholars the judges shall

be the presiding judge.



In the treatment of questions concerning certiorari to land and

Environmental Court of Appeal composed of three judges-in-training. A technical

counsel may, however, be included in rättten rather than one of the scholars

the judges.



If the right to include other than scholars judge determines

the President of the Court with respect to the issues to be examined in

the goal which should be included.



When depreciation after the revocation right may consist of a

legally qualified judge.



section 11 in respect of measures which relate only to the preparation of a

case or case applied Chapter 1. 3 e § code of judicial procedure in a

land and Environment Court and Chapter 2. section 4 of the fifth and sixth

subparagraphs judicial procedure of the Court of appeal.



Chapter 3. General provisions



section 1 the goals of exercise of environmentally dangerous activities, water operations, water features and water operations, and whether the imposition of a penalty under the environmental code for special application of authority are being assessed by the land and Environment Court in whose area the operation essentially carried out, has been or will be conducted. Objectives of the exercise of activities at facilities that are part of a coherent system for handling, processing, storage and final disposal of spent nuclear fuel and nuclear waste are being assessed by the land and Environment Court in whose district one of the plants is or is intended to be.



In matters of compensation for injury or infringement under Chapter 28.

2-5 of the Environment Act, and by the intervention of the public according to the environmental review by the land and Environment Court in whose territory the damage or interference, essentially has occurred or will occur.



In matters of compensation for environmental damage under Chapter 32. the environmental review by the land and Environment Court in whose area the


tortious activities essentially carried out or have been carried out. The carrying on or intending to carry on an activity which could cause such damage as referred to in Chapter 32.

section 3 of the environmental code can request review of the issue of compensation for the land and Environment Court in whose area the operation essentially carried out or will be carried out.



Case of imposition of penalties pursuant to the planning and building Act (2010:900) after the special application of authority are being assessed by the land and Environment Court in whose area the authority is located.



Objectives that have been appealed to the land and Environment Court are heard by the land and Environment Court in whose territory the managing authority or municipality who first examined the case is, subject to the provisions referred to in seventh paragraph.



Objectives under the Act (2006:412) about general water services or the equivalent older legislation where the land and Environment Court is the Court of first instance examined by the land and Environment Court in whose district the General or allmänförklarade va-the plant essentially is situated or is intended to be located.



Specific provisions relating to the land and Environment Court, see other teams

Law (2015:686).



section 2 of The land and Environment Court for joint processing

hand over a case or matter to another land and

Environmental Court, where the other land and Environment Court

There is a goal or case that has close connection with the

case or case and a surrender may take place

without significant inconvenience to any party. A land and

Environment Court may also submit a case or matter to a

other land and Environment Court if the other land and

the environment Court has ruled on an application objectives

related to the same activities as the first case or

case.



Submission of a case or matter between land and

environmental courts may also occur if there are special

reasons and it can be done without significant inconvenience to any party.



Surrender shall not take place if such a decision has been taken

referred to in Chapter 5. section 2 of the expropriations Act (1972:719).



A case or matter shall not be referred under the first or

second subparagraph, if the second court opposes

the handover.



section 3, issues of land and the environmental courts ' civil privileges

may not be taken up by the higher law.



paragraph 4 where appropriate, the right to instruct one or more

members making an investigation at the scene. The Parties shall

be given an opportunity to be present during such an investigation.

The investigation should be Protocol.



A study concerning a question of a technical nature may not

form the basis for the judgment or decision without the parties have

been given an opportunity to comment on the investigation. This

does not apply if the investigation in only insignificant

extent to which deviate from what has come before in the

goal.



section 5 of the land and Environment Court to keep sight of the place, if it

needed.



section 6 of the vote should be the judges-in-training say their

meaning, then the technical advice and, finally, the specific

members. In the case of vote relates in General 16.

the code of judicial procedure.



section 7 of the State authorities and municipalities are obliged to

compensation to the courts lend the premises

courts need for their meetings, provided that

the premises are not included in its main purpose.

Its has the right to compensation for the specific

costs incurred by the meeting.



Chapter 4. The handling of cases where land-and

Environmental Court is the Court of first instance



§ 1 in case where the land and Environment Court is the Court of first instance

apply what is prescribed for civil cases in General

Court, unless otherwise provided for in this Act or other

team.



In dealing with cases at first instance applied

Act (1996:242) about court cases.



section 2 of the goals if the White is applied, rather than article 1 of the first

subparagraph, the provisions of Chapter 5. 1-4 sections.



Chapter 5. The handling of the case that has been appealed to the land-

and the environment Court



§ 1 in case that has been appealed to the land and Environment Court

the law (1996:242) about court cases, unless otherwise

provided for in this Act or other law.



The following provisions of the Act on court cases should not

applied:



-section 11 if the administrative authority as counterparty,



-paragraph 26 of security measures,



-32 § if rättegångskostnads responsibility, and



-34 and 35 sections for review.



section 2 If an individual to appeal against an administrative authority

crucial is the administrative authority who first decided in

the thing then a counterpart to the individual documents in the case

submitted to the land and Environment Court, unless otherwise

legally required.



In the case of plans under the planning and building Act (2010:900) is

the municipality of individual counterparty.



It provided for in the first subparagraph shall not apply when there is a

surveying the decisions that have been appealed or when a

nonprofit organization or another legal person referred to in 16

Cape. section 13 of the environmental code has appealed.



3 for the purposes of section 15 and 18 of the Act (1996:242) if

Court cases to case owners and the other against the action

questioned regarded as counterparties.



paragraph 4 of the decision of the subject-matter of the dispute is done by judgment. the judgment shall

be signed by the judge-in-training who have participated in

the decision.



paragraph 5 of the judgments and orders of the Court of appeal and in case

that has been appealed to the land and Environment Court may not

subject to appeal. Land and environmental Court of appeal may, however, permit the

a judgment or order in the different objective than the target under the environmental code

be appealed to the Supreme Court, if it is of importance to

the leadership of the law that the appeal be heard by

The Supreme Court of Justice.