DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
• The Danish Watercourse Act ( Vandløbsloven ), which regulates classification, maintenance and alteration of watercourses, drainage and flood- protection works and permits for physical interven- tions, allocating responsibilities between land- owners and authorities while safeguarding flow capacity and ecological interests. • The Danish Water Supply Act ( Vandforsyningslov- en ), which governs abstraction and protection of groundwater and drinking water, including permits, protection zones, quality standards and monitor- ing, as well as supply obligations and regulation of public water utilities. This list is not exhaustive. Danish environmental regu- lation relies on numerous acts, statutory orders, circu- lars, plans and administrative decisions. Environmental administration in Denmark is shared between the state and the municipalities (and, in some instances, the Regions of Denmark). At the state level, several agencies exercise environ- mental competences within their remit, including the following. • The Danish Environmental Protection Agency ( Miljøstyrelsen ), which focuses on regulating air, water, waste, soil and chemicals. • The Danish Energy Agency ( Energistyrelsen ), which manages planning, licensing and EIA/SEA within its remit (eg, offshore wind, grids and major energy infrastructure). • The Danish Nature Agency ( Naturstyrelsen ), which manages state forests and other state nature areas, implements Natura 2000 on state land and undertakes nature restoration. • The Agency for Planning and Rural Development ( Plan- og Landdistriktsstyrelsen ), which sets nation- al interests in spatial planning, issues planning guidance and co-ordinates state input to municipal spatial planning. 2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
• The Agency for Green Transition and Aquatic Environment ( Styrelsen for Grøn Arealomlægning og Vandmiljø ), which administers green land-use and water-environment schemes and makes select decisions in watercourse/water-environment mat- ters. Environmental inspections are generally carried out by the permitting/approval authority, which also takes enforcement action where needed (orders or prohibi- tions). In Danish law, municipalities have the primary supervisory role, though certain responsibilities rest with state agencies and the Regions of Denmark. In Denmark, most appeals regarding environmental and planning issues and decisions can be lodged with the Danish Environment and Food Board of Appeal ( Miljø- og Fødevareklagenævnet ) and with the Danish Town and Country Planning Board of Appeal ( Plankla- genævnet ). The decisions of the Boards of Appeal can be appealed to the courts. 2.2 Co-Operation Several areas of Danish environmental administra- tion involve co-operation and/or split competence between state agencies, the Regions of Denmark and municipalities. Examples of this include matters regarding the following. • Water environment – the state sets river-basin management objectives and national standards, while municipalities act as watercourse authorities and issue permits. Cross-municipal streams and rivers are handled jointly. • Spatial planning – the national planning authority defines state interests, while municipalities adopt municipal plans and local plans during which rel- evant sectoral agencies are consulted if affected. • Coastal protection – municipalities must co-ordi- nate with neighbouring municipalities when permit- ting coastal protection. Under certain circumstanc- es, permitting lies with the state on the territorial sea (eg, non‑coastal‑protection installations, reclamation, dredging). An example of a co-ordination mechanism is the one-stop-shop procedure used in environmental assessments – EIA and SEA – where a single com-
146 CHAMBERS.COM
Powered by FlippingBook