General provisions
section 1 of this Regulation shall apply to the examination of whether an
area to be declared as environmental danger zone under 10 Cape.
the environmental code.
Decision making and risk assessment
section 2 of an investigation relating to whether a land or water area
shall be declared as environmental danger area, shall include a
identification of the nature, extent and
the spreading tendency.
To the investigation must be supplemented with a map of the contaminated
the area and the surrounding area at risk of being contaminated.
Procedure and decision
section 3, Before an area is declared as environmental risk area shall
the County Administrative Board
1. seek the opinion of the affected property owners, holders of
special law and known creditors with mortgages on the property
or, if the property is granted to leasehold,
tomträttsinnehavaren,
2. by a proclamation in the local newspaper or in any other appropriate way
give also others who may be affected by such an explanation point
to be heard,
3. consult with the State and municipal authorities
essential interests to safeguard in question, and
4. keep meeting with them that the matter concerns and survey at the
the site, if necessary for the investigation of the case.
If it is obvious that no individual interests are harmed by
the explanation and if all property owners, holders of
special law, known creditors and tomträttsinnehavare according to
first paragraph 1 provided written consent, may
the County Administrative Board examine the case without prior notice.
section 4 of the notice under section 3(1) 2 shall contain
indication of
1. proposed environment risk area and conditions for the continued
land use,
2. where the file will be available, and
3. the period within which the opinion on the proposal must be submitted.
A copy of the notice to be sent to those from which the
opinion under section 3(1) 1.
If the explanation relating to immovable property that is common to multiple
real estate, need some printing of the notice not be sent
to the specific members of the community. There is a known
Board of Directors of the Association, a copy of the notice
be sent to the Board.
paragraph 5 of the provincial Government shall, by notice in the local newspaper to inform
notice of the time and place of the meeting or inspection.
The environmental protection agency, marine and water and others who have
delivered an opinion in the matter shall be informed in an appropriate manner.
Regulation (2011:628).
section 6, in a decision pursuant to Chapter 10. 17 and 18 of the Swedish environmental code shall
It is reported the buildings or parts of buildings
located within the environmental danger zone and set out the conditions under which
apply for land use and as otherwise applicable in
area. Regulation (2007:669).
section 7 If the examination of an area to be declared as
environmental risk area indicate that pollution is serious
and imminent risk to human health or the environment,
the provincial Government of the time until the matter is finally
settled, but one year, decide on the limits of the
land use or other precaution under 10 Cape.
section 17 of the Environment Act to reduce these risks.
Prior to the decision referred to in the first subparagraph shall be notified to those from which
statement pursuant to section 3(1) 1 obtained have an opportunity to
give its opinion on the matter.
The decision is valid immediately, and may be changed at any time by
the County Administrative Board.
A decision under this section shall be published and dispatched
According to §§ 10 and 11. Regulation (2007:669).
section 8 County Board may order that a decision under 10 Cape. section 17
the environmental code, shall apply without prejudice to the final.
Regulation (2007:669).
§ 9 Provision of paragraph 3 shall also apply until modified or
new terms will be announced for an environmental risk area or before a
decisions on environmental risk area is repealed.
Announcement of decisions, etc.
10 § when the decision on an environmental risk area announced, changed or
is suspended, the decision shall, as soon as possible, be published in the manner
is prescribed for regulations in General. A proclamation of
the decision shall also be included in the local newspaper. The decision shall promptly
possible be notified to applicants and interested parties pursuant to section 3(1)
1.
A copy of the decision shall be sent as soon as possible to
The environmental protection agency, marine and water authority, and the municipality, and
the surveying authority for entry in the
General part of the register of real estate. Regulation (2011:628).
section 11 Of the County Administrative Board has decided on the transfer ban according to
10 Cape. the third paragraph of section 17 of the environmental code, the County Administrative Board
send it to the registration authority for entry in the
Real Estate Register register part.
If the County Board has suspended a transfer ban imposed by a
a decision which has become final, the County Administrative Board as soon as possible
send it to the registration authority for removal of
the note in the land registry register part.
Regulation (2007:669).
section 12 of the County Board shall keep records of decisions on
environmental risk areas. The environmental protection agency shall keep a central
Register of all such decisions.
Supervision and fees
paragraph 13 of the provisions on supervision, see chapter 26. the environmental code and the
environmental protection Regulation (2011:13). Provisions on the
operational supervisory responsibilities associated with this regulation
see Chapter 2. 4, 29 and 31 of the regulation for environmental inspections.
Provisions on fees can be found in the Ordinance (1998:940) if
fees for the examination and supervision under the Environment Act.
Regulation (2011:25).
Appeal
section 14 of the 19 Cape. section 1 the Environment Act contains provisions on
appeal.
The environmental protection agency, marine and water authority, and the municipality may
appeal the decision relating to the matters referred to in Chapter 10. 17 and
18 § § environmental code. Regulation (2011:628).
Penalties and forfeiture
section 15 of the 29 Cape. Environment Act lays down rules on the penalties and
confiscation.