DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
petent authority acts as the main point of contact, co-ordinates consultation of affected authorities and consolidates permit conditions to avoid duplication and conflicting requirements. Where a project or plan/programme may cause sig- nificant effects outside Denmark, transboundary co- operation is conducted under the Espoo Convention. The competent authority provides early notice, shares the assessment documents, invites comments within agreed deadlines and takes those comments into account before adopting the final decision or plan. 3. Environmental Protections 3.1 Protection of Environmental Assets In Denmark, protection of the environment rests on a combination of EU and national regulatory frame- works. Danish environmental law relies on acts and statutory orders, supplemented by circulars, plans and administrative decisions. Some of the main acts for environmental protection of air, fresh and sea water, soil, flora and fauna, natural habitats and land- scapes are listed below. • 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 Nature Protection Act ( Naturbeskyt- telsesloven ), which sets conservation rules for flora, fauna, habitats, landscapes, and secures public access rights to support outdoor recreation. Additional regulation appears in statutory orders ( habitatbekendtgørelsen and planhabitatbekendt- gørelsen ), which partly implement the EU Habitats and Birds Directives. • The Danish Hunting and Game Management Act ( Jagt- og vildtforvaltningsloven ), which together with the Statutory Order on Conservation of Cer- tain Animal and Plant Species and Injured Game ( artsfredningsbekendtgørelse ), partly implements the EU Habitats and Birds Directives. • 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. • 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. • The Danish Watercourse Act ( Vandløbsloven ), which regulates classification, maintenance and alteration of watercourses, drainage and flood- protection works, and permits for physical inter- ventions, allocating responsibilities between landowners and authorities while safeguarding flow capacity and ecological interests. • The Danish Water Supply Act ( Vandforsyningslov- en ), which governs abstraction and protection of
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