DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
groundwater and drinking water, including permits, protection zones, quality standards and monitor- ing, as well as supply obligations and regulation of public water utilities. • The Danish Marine Strategy Act ( Havstrategiloven ), which implements the Marine Strategy Frame- work Directive, which sets good-status objectives, monitoring programmes and measures for Danish marine waters. • The Danish Marine Spatial Planning Act ( Havplan- loven ), which implements the MSP Directive, allo- cating sea uses via the national marine plan and co-ordinates with other marine activities. • The Danish Marine Environment Protection Act ( Havmiljøloven ), which implements MARPOL/relat- ed instruments, regulating prevention of pollution from ships and handling of ship-borne waste. This list is not exhaustive. Danish environmental pro- tection relies on numerous acts, statutory orders, cir- culars, plans and administrative decisions. 3.2 Breaching Protections Consequences for breaching Danish environmental protections depend on the statute, the nature and gravity of the breach and culpability. In practice, the supervising authority (most often the municipality, though in some regimes a region or a state agency) applies a graduated toolbox: a formal warning, orders and prohibitions (including stop-work and restoration requirements), coercive fines to secure compliance and – where relevant – amendment, suspension or revocation of permits. If the responsible party fails to comply by the deadline, the authority may carry out the ordered measure itself and recover the costs; immediate action without a prior order is reserved for imminent danger to health or the environment. Serious or intentional breaches are referred for prosecution, typically resulting in fines (including corporate liability) and, in aggravated cases, imprisonment. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The competent regulatory, permitting and supervisory authorities in Denmark may investigate environmental incidents and require information from operators and
other parties. They may issue enforcement orders or prohibitions, including stop-work, cessation or resto- ration orders, and may impose recurring coercive fines to compel compliance. Authorities may also amend, suspend or revoke per- mits in cases of non-compliance. If the responsible party fails to comply within the prescribed deadline, the authority may execute the ordered measures itself and recover the costs. Immediate action without prior notice or order may be taken in situations involving imminent danger to human health or the environment. Serious or intentional breaches can be referred for criminal prosecution, which can result in fines (includ- ing corporate liability) and, in aggravated cases, imprisonment. 4.2 Environmental Permits/Approvals Denmark uses several permit and approval regimes depending on the activity. For example, a permit is required for certain industrial activities, intensive live- stock holdings and certain agricultural expansions, discharges to surface water/groundwater, significant air emissions, waste treatment, landfills, incineration and hazardous-substance handling, water abstrac- tion, dewatering and certain groundwater activities. The operator applies to the competent author- ity (municipality/state agency/region) with a project description, which may include expected emissions and monitoring, and a BAT demonstration. Where trig- gered, the process is co-ordinated with EIA/appro- priate assessment under separate legislation. The authority consults as required, then issues a reasoned decision, which may include conditions (eg, emission limits, monitoring/reporting, accident preparedness, etc). Decisions to grant environmental permits can be appealed to a higher administrative authority and to the courts. In Denmark most appeals regarding envi- ronmental 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 ( Planklagenævnet ). The decisions of the Boards of Appeal can be appealed to the courts.
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