DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
HaugaardBraad Skibbrogade 3, 3 9000 Aalborg Denmark Tel: +45 98 77 50 30 Email: kontakt@haugaardbraad.dk Web: www.haugaardbraad.dk
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws In Denmark, environmental matters are regulated by multiple national acts, numerous statutory orders and a range of policies. As an EU member state, Den- mark also follows EU environmental law – both directly applicable regulations and directives implemented in Danish legislation – together with EU’s environmental principles. The purpose of the Danish framework is to protect the environment, conserve nature and support sustainable development, including human living con- ditions and the conservation of wildlife and vegetation. The main environmental acts include the following. • The Danish Nature Protection Act ( Naturbeskyt- telsesloven ), which sets conservation rules for flora, fauna, habitats, landscapes and secures public access rights to support outdoor recreation. • The Danish Environmental Protection Act ( Miljøbeskyttelsesloven ), which sets the core framework for preventing and regulating pollution (air, water, soil, subsoil, noise and vibration). It also addresses resource use and waste, including rules promoting cleaner technology and recycling. • The Danish Planning Act ( Planloven ), which is the framework for spatial planning and future land use. Authorities must balance public and private inter- ests, protect valuable urban and rural environments (including the open coastline), and ensure public participation in planning processes. Beyond the above-mentioned environmental statutes and EU legislation, other important acts include the following.
• The Danish Contaminated Soil Act ( Jordforurening- sloven ), which sets rules for preventing, identifying and remediating soil contamination, including map- ping, remediation orders and land-use controls. • The Danish Coastal Protection Act ( Kystbeskyt- telsesloven ), which governs the rules for protecting the Danish coastline, including measures against flooding and erosion. • The Danish Environmental Objectives Act ( Miljømålsloven ), which establishes the planning and protection framework for Natura 2000 sites, implementing the EU Birds and Habitats Directives. • The Danish Environmental Assessment Act ( Miljø- vurderingsloven ), which implements the EIA and SEA Directives and the UNECE Espoo Convention and the SEA Protocol, setting rules on screening and environmental impact assessment for projects, plans and programmes. • The Danish Environment Information Act ( Miljøo- plysningsloven ), which implements the EU Direc- tive on public access to environmental information and the Aarhus Convention, ensuring the right to access to environmental information and appeal/ judicial review. • The Danish Water Basin Management Planning Act ( Vandplanlægningsloven ), which transposes the EU Water Framework Directive governs river- basin management plans and measures aimed at achieving good status for surface waters and groundwater, including marine areas within Danish jurisdiction. • The Danish Raw Materials Act ( Råstofloven ), which governs permitting and conditions for extraction of sand, gravel and other aggregates on land and at sea.
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