Denmark: Environment Protection Act (No. 1317 of 2015).
Original title: Bekendtgørelse af lov om miljøbeskyttelse. Date of original text: 22 December 2006. Date of consolidation/reprint: 19 November 2015. Type of text: Legislation
Comments: This is a the consolidated version to Act No. 879 of 26 June 2010.
The Act does not apply to Greenland nor the Faroe Islands.
Abstract: The purpose of the Act is to help to protect the environment and to preserve animal and plant life. It applies to all activities in relation to pollution, such as deployment of solid, liquid or gaseous substances; air, water, noise, soil and subsoil pollution; husbandry, pests and other factors causing hygienic problems to the environment. Administration of the Act must be focused on achievable and available techniques, processes and systems with the goal of preventing pollution through the implementation of cleaner technology.
Consolidation:
Art 50 - The Environment and Food Minister shall prepare a 12-year national plan for the prevention of waste. The plan must be reviewed at least every six years. (sect. 2) The National Waste Prevention Plan must include: A description of the objectives of waste prevention; A description of the existing waste prevention measures; A description of waste prevention policies. A description and assessment of new waste prevention measures shall be accompanied by appropriate benchmarks. And a description of measures for the prevention of packaging waste, including the recycling of packaging.
Art. 51, sect. 6 - The Minister may set rules that the provider, reseller or distributor of certain products, including packaging, must provide certain product information, as part of monitoring and promoting recycling and cleaner technology and reduce issues associated with waste management.
Art. 56, sect. 4 - The Minister may lay down rules that grant application under articles 53a-55 and 55c must be done digitally. The Minister may lay down rules on digital communications, including the use of specific IT systems, special digital formats, forms and digital signatures.
Art. 64c - Public water supplies pays an annual allowance of 429 DKK for each drilling to the landowner (see art. 21b). (Sect. 2) Landowners who have already received compensation, are not entitled to the annual allowance. (Sect. 3) Payments are require by 1 September by whom made the claim for reimbursement to the public water supply system. The requirement shall be made in writing and shall indicate the name, address, land lot, cadastral number and the number of wells covered by art. 21b. Claims are valid for a 10-year period. (Sect. 4) The annual allowance is adjusted annually by the Finance Bill rate fixed for general price and wage index of level correction.
Art. 79b, No. 20 – The Environmental and Food Minister can lay down rules on the use of digital communication, including specific IT systems, special digital formats, digital signature etc. this by review and application in accordance with regulations issued pursuant to art. 7; applications for approval in accordance with art. 33 and the transmission of information for reconsideration of the permit referred (art. 41a-b); measures adopted pursuant to art. 19 and Chapters 4-5, 9, 9a and the regulations issued to art. 7; application and decisions approving the collector and the withdrawal of such approval under regulations issued pursuant to art. 44, sect. 4, No. 1 and sect. 5; reporting pursuant to art. 19 of Chapters 4-6, 9, 9a and rules issued in pursuance to regulations of art. 7, 7a; entry and reporting to the Waste Register in accordance with regulations of art. 45d, sect. 2; expert reporting under regulations under art. 7a to authorities and private organizations exercising powers pursuant to art. 7a, sect. 4; the municipal council's submission of a report on their mapping and monitoring activities pursuant to regulations f art. 73, sect. 3, including the results of measurements and surveys; appeals against the decisions referred to in No. 5; and communication with the authorities in connection with matters referred to in Nos. 1-12. (Sect. 2) The Environment and Food Minister may lay down rules to enable the authority to issue decisions and other documents related to the matters referred to in sect. 1, without signature or using a technique to ensure unambiguous identification of the person who issued the order or document is correct. (Sect. 3) The Environment and Food Minister can lay down rules that documents exclusively issued on the basis of electronic data processing which can be issued only with the indication of the authority as the sender. (Sect. 4) A digital communication is considered to have arrived when it is available to the addressee of the message.
Art. 79c – The Environment and Food Minister may lay down rules on advertising and issuing public announcements, 1) lists of certain waste incinerators and reports on the functioning and monitoring of those facilities and, 2) information on safety measures for enterprises, systems or devices, which are covered by the authorization requirement in art. 33. (sect. 2) The Environment and Food Minister may provide for disclosure, including exclusively digital, specified in art. 79b, sect. 1. The information may relate to offenses of this Act and may be by name.
Art. 94 - Appeals for the Environmental Board of Appeal shall be submitted in writing to the authority which took the decision.
The Act consists of 14 Chapters: Purpose (1); General provisions (2); Protection of soil and groundwater (3); Protection of surface water (4); Polluting activities (5); Waste (6); Waste prevention, recycling and cleaner technology (7); Expropriation (8); Monitoring (9); Environmental damage (9a); Administrative provisions (10); Appeals and legal proceedings (11); DELETED (12); Penalty (13); Entry into force and transitional provisions (14).
