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Act (1998:811) For The Inclusion Of The Environmental Code

Original Language Title: Lag (1998:811) om införande av miljöbalken

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General provisions



section 1 of the Swedish environmental code and this law shall enter into force on 1 January

1999.



Notwithstanding the first subparagraph, the provisions of §§ 21 and 22

This law shall enter into force on the day the Government determines.



2 § By Environment Act repealed the restrictions as shown

of this law



1. nature conservation Act (1964:822),



2. the Environmental Protection Act (1969:387),



3. Act (1971:1154) on the prohibition of the dumping of waste in the water,



4. Act (1976:1054) of sulphur-containing fuel,



5. Act (1979:425) on the management of agricultural land,



6. waste disposal Act (1979:596),



7. the Act (1982:1080),



8. water law (1983:291),



9. Act (1983:292) for the inclusion of the Water Act (1983:291),



10. Act (1983:428) If distribution of pesticides over

Woodland,



11. Act (1985:426) on chemical products,



12. miljöskade law (1986:225),



13. Act (1987:12) concerning the management of natural resources, etc.,



14. Act (1991:639) for preliminary examination of biological

pesticides,



15. the Act (1994:900) on genetically modified organisms, and



16. the Act (1994:1818) on measures relating to animals and plants

belonging to protected species.



3 § if in a law or any other statutes cited

provisions have been superseded by provisions of the environmental code

or in this Act, the new provisions

applied.



section 4 of the Regulations in force at the entry into force of the environmental code

shall be considered to be announced pursuant to the corresponding provisions of the

code, if they have been notified by virtue of provisions laid down by a law

referred to in paragraph 2 or the corresponding provisions in an older law.

However, this does not apply if the Government provides otherwise.

It also does not apply to regulations given by a

authority other than the Government, if the Government authority

determines otherwise.



§ 5 Permits, approvals, legal explanations, exceptions,

dispenser, decisions regarding the transfer of responsibilities,

concessions, injunctions and prohibition under section 20

nature conservation Act (1964:822), conditions or registrations

refers to the activities, practices or other arrangements shall

continue to apply if they have been granted by decisions pursuant to

provisions of a law that set out in section 2 or equivalent

provisions of the earlier law or by regulations that have

granted under such provisions. Decisions shall be deemed to

announced pursuant to the corresponding provisions of the environmental code

or in regulations issued under the environmental code,

If it does not comply with any other of this Act or of

regulations.



The first subparagraph shall not apply to such an exemption from the obligation to

search condition specified in the second subparagraph of section 10 or section 17 of the other

subparagraph, the Environmental Protection Act (1969:387) in the version in force before 1

July 1981. The conditions for such exemption shall, however, continue

to apply until otherwise determined. The provisions of 26

Cape. section 9 of the Environment Act apply to these terms. The who

intentionally or negligently violates such terms, sentenced

to a fine or imprisonment of up to two years.



section 6 proceedings instituted before environmental code

date of entry into force shall be dealt with and be assessed under the older

provisions, if it fails to comply with any other of this law.

The provisions on environmental quality standards in Chapter 5. and 16 Cape. paragraph 5 of the

Environment Act shall be applied immediately.



Land and Environment Court and land and environmental

shall i appealed or handed over matters that have

initiated before the entry into force of environmental code apply

the provisions of the environmental code in terms of procedure. Older

provisions shall, however, continue to apply in respect of

environmental impact assessments. Law (2010:936).



7 § what under the environmental code applies if the owner of a property

shall also apply to the holder of a property with

permanent tenure or with the fee tail law.



Special transitional measures to Chapter 2. the environmental code, etc.



§ 8 the provisions of Chapter 2. section 8 and 10. section 2 of the environmental code

shall apply in the case of environmentally dangerous activities for which the actual

the operation has been carried out after 30 June 1969, about the effects of

the operation is still in progress at the time of the Swedish environmental code

entry into force provided for in paragraph 1, and there is a need to

damage or inconvenience that has been caused by

the business.



Special transitional measures to Chapter 7. the environmental code



§ 9 Decision given before the entry into force of the environmental code

to protect and care for an area or subject and the decision on

Amendment of previous decisions still applies. Such

decision shall be considered to be announced on the basis of the corresponding

provisions of the environmental code. Conservation areas shall be

the application of the environmental code is considered as a nature reserve.



If an order referred to in Chapter 2. paragraph 14, third subparagraph

Water Act (1918:523) to the protection against pollution or Chapter 2.

62 section the same law for the protection of the water supply is changed or

is suspended, it shall be entered in the enrolment register.



section 10 of the Beach areas at the end of June, 1975 was included in

adopted general plan, city plan or building plan shall not

subject of shoreline protection under the environmental code, unless it is determined

something else.



10 a of shore protection ensues when an approved master plan,

urban plan or building plan is cancelled or replaced by a new

detailed plan under the planning and building Act (2010:900). This applies to

even when a detailed plan for an area that has previously been

been the subject of an established city plan, city plan or

the building plan is repealed or replaced by a new zoning plan.

Law (2011:337).



section 11 of the Decrees derogating from the shoreline which has

granted in accordance with section 15, second subparagraph, first sentence

nature conservation Act (1964:822) in the version in force before 1 July 1994

shall be reviewed pursuant to Chapter 7. section 13 of the environmental code

by 30 June 1999. Have an order not reviewed

before that, the designation ceases to apply.



12 § the provision in Chapter 7. 18 h § environmental code of when a

decision on the exemption from the prohibition to take action in a

Beach safety zone expires, shall apply also to the dispenser

announced before 1 August 1991. Law (2009:531).



regulations under section 13, Chapter 7. section 20 of the environmental code for a

environmental protection does not imply restrictions by State

According to the Environmental Protection Act (1969:387).



section 14 of the provisions concerning the extension of the interim ban in

nature conservation Act (1964:822) shall continue to apply in respect

If the ban is in force at the entry into force of the environmental code.



Special transitional measures to Chapter 10. the environmental code



for the purposes of section 15, Chapter 10. section 3 are not taken into account acquisitions

has happened before the entry into force of the environmental code.



Special transitional measures to Chapter 11. the environmental code



section 16 of the General fleet routes must still apply

the provisions of the Water Act (1983:291) if



1. resourcefulness in Chapter 2. 4 § 4 and 5, paragraph 2



2. specific compulsory dishes in Chapter 8. paragraph 1(1), 3,



3. compensation in Chapter 9. paragraph 3, second subparagraph, third paragraph of section 11,

section 14 and section 15,



4. examination of the water objectives of Chapter 13. 13 paragraph 8,



5. tearing in chapter 14. section 3, and



6. review of chapter 15. § 9.



What is said in chapter 14. section 3 and 15. section 9 of the Water Act

(1983:291) if water Court shall instead apply

land and Environment Court.



In addition to what has been said now, the Water Act (1983:291)

to the extent evidenced by 7 and 13 of the Act (1919:426)

about the timber rafting in General as well as retrieved 11 July 2010 12 and 25 of the Act

(1976:997) on the water. Law (2010:936).



section 17, If a water facility has been added without permission

According to the water code (1983:291) or the equivalent older

legislation or licensing question regarding such

facility is unclear, the owner of the facility or intends

to make use of it for water operations require consideration of

the legality of the establishment of the land and Environment Court.



Requested permission to alter a water system that has

established without authorization before entry into force of the environmental code,

at the same time, the application shall be made for a review of the plant's

legality.



Second subparagraph shall also apply when the application is made in accordance with Chapter 28. section 12

the environmental code for use of someone else's facility. The who

does such an application may also require testing of the plant's

legality.



A legal declaration may be subject to conditions.



Anyone who intentionally or negligently violates such

conditions, shall be liable to a fine or imprisonment of up to two years.



If an act referred to in the fifth subparagraph is calling,

are sentenced not to liability. A deed is considered to call if the

appear to be insignificant, taking into account the interest is

intended to be protected by the penal provision. Law (2010:936).



section 18 of the question of the legality of a water plant

established before the entry into force of the environmental code without permission

According to the water code (1983:291) or the equivalent older

rules are evaluated in accordance with the provisions in force at

the facility's inception.



Article 19 the provisions on maintenance in Chapter 11. section 17 of the other

the paragraph also applies to the environmental code, which, pursuant to Chapter 8. section 2 of the

Water Act (1983:291) or the equivalent older provisions have

been given the right to use someone else's water system.



What is provided if a new property owner's obligations in 11

Cape. 21 paragraph Environment Act also applies when the last

the owner has taken over the maintenance obligation under Chapter 14.

section 2 of the Water Act (1983:291).



Special transitional arrangements to 16-23 Cape. the environmental code



section 20 cases and applications before the entry into force of the environmental code has


commenced in a court, other authority or a

court enforcement officer under the environmental code or regulations

announced on the basis of the beam should not deal with such objectives

or cases, shall be completed by the Court, the authority

or bailiff, unless otherwise provided by this Act.



section 21 a case of Licensing Board for environment protection

have been decided at the date of entry into force of environmental code then

dealt with by the land and Environment Court which has jurisdiction pursuant to

20 chapter. section 8 of the environmental code. Law (2010:936).



section 21A concerning cases of environmental court

According to Chapter 4. Act (1987:12) concerning the management of natural resources

accommodation applied section 14 of the Environmental Protection Act (1969:387). What is where

How about licensing board shall instead apply

the environmental court. Law (1999:369).



section 22 a target with a water Court that are pending on

environmental code enters into force shall be dealt with by the

land and Environment Court which has jurisdiction pursuant to Chapter 20. section 8

the environmental code.



A case of Vattenöverdomstolen that upon entry into force not

have been determined, shall then be dealt with by the land and

Environmental Court of appeal. Law (2010:935).



section 23 of the Older provisions apply in respect of appeals and requirements

on certiorari, if



1. a judgment or a decision given before the environmental code

entry into force, or



2. a judgment or order given by a public

Administrative Court after the entry into force of the environmental code.



After the entry into force of the decision announced by the Swedish environmental code

State administrative authority under any of the laws

repealed by section 2, shall be made to the land and Environment Court,

If a decision in a similar case in accordance with the environmental code,

an appeal to the Court. Decision after the entry into force

announced by the Licensing Board for environment protection shall, however,

be appealed to the land and the Court.



Prior to the entry into force of decision in case environmental code according to

one of the laws repealed by section 2 of the appeal of

the Government and have the matter before the entry into force of the environmental code yet

pending, the Government may provide, or in the individual

the case may decide to refer the case for review by the

land and Environment Court has jurisdiction or to land and

Environmental Court of appeal. Law (2010:934).



section 24 of the judgments and orders which a court or a

real estate court announces after entry into force of the environmental code

and that includes consideration of the issues governed by 31 and 32

Cape. Environment Act may be appealed to the land and the Court.

The same applies in the case of decisions during the trial in the case in which

such a question must be examined. Law (2010:936).



paragraph 25 of the Decision that a bailiff will notify you after

entry into force of the environmental code in matters that are regulated in Chapter 12.

Water Act (1983:291) shall be appealed to land and

the environmental court.



When the land and Environment Court hears such appeals should

the application of Chapter 13. 30-33, 36, 38, 41 to 43 and 45, § § § 46

first subparagraph, sections 47 to 50 and 56 – 63 § § water law

(1983:291). What is said about the water Court to apply mark-and

Environmental Court. What is in section 61 is said if jurors will apply

special members. Law (2010:936).



section 26 Permits, approvals, derogations or exemptions

According to the older provisions have been made for an unlimited period,

in a reconsideration be limited according to Chapter 16. paragraph 2 of the first

subparagraph, the environmental code, only if



1. it is Sweden's international commitments to an

such tidsbe-cations must be carried out, or



2. a time limit could take place at a review under the older

the provisions.



section 27 Is the County Administrative Board according to the traffic Act (1971:948) or the law

(1995:1649) on the construction of railroad approved

environmental impact assessment (EIA) of new road and rail before

environmental code's entry into force, the Government is not required

tillåtlighetsprövning according to chapter 17. 1 § 2 or 3 environmental code

If the work plan for the road or rail plan for the railways

established before 1 January 2001. Act (2005:581).



section 28 of the proceedings relating to the legal declaration according to section 17 of this Act

will be filing cases under Chapter 21. 1 a of the environmental code.



The rules of Chapter 16 of the. section 13 of the environmental code of a non-profit association

or other legal entity's right to appeal also applies in

where the överklagbara the judgment or decision relates to a

legal explanation. Law (2010:936).



section 29 If a water company has been carried out under the Water Act

(1983:291) validity period without permission, is the entrepreneur

evidence required in terms of the conditions that existed in the water

before the company was carried out.



The same applies to other water companies than ditching performed

under the Water Act (1918:523) validity period, if the Act was

applicable to the company.



Special transitional measures to Chapter 24. the environmental code



section 30 in respect of lawful explanation under section 17 of this Act applies

the same as that provided for authorization in 24 Cape. the environmental code.



section 31 For review under Chapter 24. section 5 of the environmental code of a

permits under the Environmental Protection Act (1969:387), a

production quantity or different scope of activity

entered in the state changes to the licensee's challenge

only when the review is made under the said section first

subparagraph 2.



32 § Provision in Chapter 24. 5 paragraph 1 environmental code of

that review must be done 10 years after a

authorisation decision has become final and does not imply any

restriction of the review times have been determined in judgments and

decisions under the earlier provisions.



section 33 authorisation under the Water Act (1918:523) to

hydroelectric or water regulation for power purposes or

the conditions for this authorisation must be reviewed in accordance with Chapter 24.

5 paragraph 1 environmental code not earlier than thirty years after the

date of the company according to the announced regulations shall be

completed, subject to the second subparagraph. If

nyprövning has been made under the Water Act (1918:523), get a

such a review shall be made not earlier than thirty years from the date of

nyprövning judgment became final.



If the company would have been able to undergo nyprövning according to 4

Cape. Water Act (1918:523) at a date after 31

December 1983, may review be carried out as soon as the for nyprövning

the current period has expired.



A licence under the Water Act (1918:523) or the conditions of

such authorization may be reviewed in accordance with Chapter 24. paragraph 5 of the first

paragraph 6 the environmental code only if the change in environment has

made after december 31, 1983.



section 34 review under the environmental code can be made of such a

special right of disposition over the water as described in Chapter 2.

41 § water Act (1918:523).



Special transitional measures to chapter 26. the environmental code



35 § an injunction or prohibition shall be deemed to be decided according to the

26. the environmental code, where a supervisory authority has decided that

According to the provisions of an act referred to in section 2 of this Act or

the corresponding provisions of the earlier law or under rules

given by virtue of such regulations.



36 § Special assistance according to chapter 26. section 17, second subparagraph

the environmental code get notified even when acts have been committed

before the entry into force of the environmental code, if the Act was punishable

When it was committed.



Special transitional provisions to 30. the environmental code



§ miljösanktions 37 provisions on fee of 30.

the environmental code applicable only on violations that have taken place

After that code has entered into force.



The provisions on environmental protection fee in the environmental protection act

(1969:387) shall continue to apply in cases of

such a fee, if the application for the imposition of the fee has been received

to the Licensing Board for environment protection before the environmental code entered

in force.



Special transitional measures to chapter 31. the environmental code



38 section instead of rules of 31. the environmental code on compensation

at some interventions by the public, the older provisions

apply in respect of a right to compensation or redemption because of

a decision given before the date of entry into force.



Rules of 31. the environmental code for permission to

water operations shall also be valid legal declaration under section 17

This law.



39 section In a review of a licence under the Water Act

(1918:523) or the equivalent older provisions apply to the following

with regard to compensation under Chapter 31. 20-22 of the Swedish environmental code:



1. What is said in the chapter on cooperative force 31. section 21, third subparagraph

environmental regulations also apply to compensation through the transfer of

power under the Water Act (1918:523) in the version in force before 1

July 1974.



2. Instead of what is said in chapter 31. section 22 second-fourth

subparagraph, the environmental code, the licensee is obliged

replacement withstand the loss or limitation of so much

that, along with what the licensee previously after 1

January 1984, waived under 12 or 14 § lagen (1983:292)

on the introduction of the Water Act (1983:291), equivalent to one-twentieth

of the production value, or the value of the quantity of water,

drop or magazine volume referred to in chapter 31. section 22 of the other

subparagraph environmental code.



Has application for relief made before 1 July 1995, in

rather than force 11 and 12 of the Act (1983:292) introducing

of the Water Act (1983:291), as in force before that date.



section 40 of the provisions of section 38 shall apply even in the event of interlocutory revision

of such a special right to dispose of the water that

described in Chapter 2. 41 § water Act (1918:523).



§ provision of chapter 41 31. section 23 of the Swedish environmental code on the restriction of the

the right to compensation shall apply to holders of permits


under the Water Act (1918:523) or older provisions, only

If the provisions of kungsådra was applicable to

water company. In such cases, the restriction must also take place if

the new water company is a land drainage or a

water source for irrigation.



The first subparagraph shall also apply in respect of loss or

restriction as affected by that without special permission

operates a water company that has come to before 1 January

1984.



Transitional provisions



2006:1013



1. this law shall enter into force on 1 January 2007.



2. The provision in section 17 of the fifth paragraph shall not apply to

conditions issued on or after 1 January

1999 to 31 december 2006.



2009:531



1. this law shall enter into force on 1 July 2009.



2. Older provisions apply to zoning cases

started before 1 July 2009 and ended by adopting

of the plan before July 1, 2010.



2009:1323



1. This law shall enter into force on January 1, 2010.



2. Older provisions apply to zoning cases

started before 1 January 2010 and completed by

adoption of the plan before 1 January 2011.