MINISTRY OF ENVIRONMENT AND ENERGY - FAO



MINISTRY OF ENVIRONMENT AND ENERGY

DANISH ENVIRONMENTAL PROTECTION AGENCY

Translation LK

December 1996

ACT ON THE PROTECTION OF THE MARINE ENVIRONMENT[1]

(Act no. 476 of June 30, 1993 on the Protection of the Marine Environment, as amended by Acts no. 207 of March 29, 1995 and no. 902 of November 29, 1995 amending Act on the Safety of Ships etc. and Act on the Protection of the Marine Environment, and by Act no. 394 of May 22, 1996 amending Act on the Protection of the Marine Environment, Act on the Safety of Ships etc. and the Merchant Shipping Act)

We, Margrethe the Second, by the Grace of God Queen of Denmark, hereby make known:

The Folketing has passed and we have given our Royal Assent to the following Act:

PART 1

Scope etc.

1.-(1) The purpose of this Act is to contribute to safeguarding nature and environment, thus ensuring a sustainable social development in respect of human conditions of life and of the protection of flora and fauna.

(2) The Act aims at preventing and reducing pollution of the environment, in particular the marine environment, from ships, aircraft and floating and fixed platforms by solid, liquid, gaseous or other substances which may:

1) cause hazards to human health,

2) harm living resources and marine life,

3) cause hindrance to legitimate uses of the sea, or

4) reduce amenities.

(3) The Act further aims at maintaining a contingency system for launching efforts to combat pollution at sea, on coasts and in ports and harbours.

2.-(1) This Act applies to the following ships, aircraft and platforms:

1) Danish ships and ships operating in Danish territorial waters,

2) Danish aircraft, and aircraft operating in or over Danish territorial waters,

3) Danish platforms, and platforms operating in Danish territorial waters or on the Danish territorial shelf,

4) foreign ships operating within the exclusive economic zones, as far as this is consistent with international law, and

5) foreign ships operating outside the exclusive economic zones, as far as this is consistent with international law.

(2) This Act shall not apply to naval ships and other ships owned or operated by a State and used, for the time being, only on government non-commercial service.

(3) The provisions of section 20(1) and of Part 12 shall not apply to ships used only as pleasure craft. When exercising the powers under Parts 2, 6, 7 and 10 the Minister for the Environment may, however, issue rules applying to pleasure craft.

3.-(1) In the administration of this Act and exercise of powers under the Act, weight shall be given to the results achievable by using the least polluting technology, including least polluting raw materials, processes and plants and the best practicable pollution control measures. In this evaluation special account shall be taken of preventive measures in the form of cleaner technology.

(2) When determining the extent and nature of measures to prevent pollution consideration shall be given to:

1) the nature of the physical surroundings and the likely impact of pollution thereon, and

2) the entire cycle of substances and materials, with a view to minimizing wastage of resources.

4.-(1) For the purpose of this Act "discharge" shall mean any release, escape or disposal at sea of substances or materials derived from the normal operation of ships or floating or fixed platforms.

(2) For the purpose of this Act "dumping" shall mean any disposal at sea - apart from discharge - of substances or materials with or from ships, aircraft and floating or fixed platforms, and any disposal at sea of ships, aircraft and floating or fixed platforms, including any release, escape or disposal of substances or materials taken on board or transported for disposal, or derived from the treatment of substances or materials taken on board or transported for disposal.

(3) Discharge or dumping does not include:

1) placement at sea of substances or materials for purposes other than disposal,

2) release into the sea of substances or materials directly arising from the exploration or exploitation of sea bed mineral resources, cf. part 10 of this Act, and

3) placement on or in the sea bed of platforms and other plants for exploration or exploitation of sea bed raw material resources, pipelines and other plants for transport of raw materials and windpower plants in the territorial sea or in the exclusive economic zones, their foundations and conduct facilities.

(4) For the purpose of this Act "incineration" means any disposal at sea by means of thermal destruction.

5.-(1) For the purpose of this Act "Baltic Sea Area" shall be the Baltic Sea, the Gulf of Bothnia, the Gulf of Finland, the Sound and the Belts, bounded by the parallel of the Skaw in the Kattegat at 57o44.8'N.

(2) For the purpose of this Act "North Sea Area" shall be the North Sea proper and the following marine areas:

a) The North Sea south of 62nd northern latitude and east of meridian 4oW.

b) The Skaw bounded to the south by the parallel of the Skaw at 57o44.8'N.

c) The English Channel and access waters east of meridian 5oW and north of the parallel 48o30'N.

(3) For the purpose of this Act “exclusive economic zones” are the waters beyond and adjacent to the territorial sea up to a distance of 200 nautical miles from the baselines applicable at all times, cf. the Exclusive Economic Zones Act.

6.-(1) For the purpose of this Act “nearest land” shall mean the baseline from which the territorial sea is established in accordance with international law.

(2) For the purpose of implementation of international agreements the Minister for the Environment may lay down rules on the meaning of the term "nearest land" in specified marine areas.

7.-(1) For the purpose of implementation of international agreements the Minister for the Environment may decide that a marine area is a "special area".

8.-(1) Before laying down rules under this Act the Minister for the Environment negotiates with relevant nation-wide trade and environmental organizations, local authority associations and other state authorities involved, including the Minister of Industry, the Minister of Energy and the Minister for Transport.

PART 2

Oil

9.-(1) For the purpose of this Act "oil" shall mean petroleum in any form and mixtures hereof, including crude oil, natural gas condensate, sludge and oil refuse, and fuel oil and any other refined products, other than petrochemicals categorized in accordance with section 14 below.

(2) "Oil tanker" shall mean a ship adapted to carry or carrying oil in bulk.

10.-(1) Oil tankers of 150 gross register tons and above, other ships of 400 gross register tons and above in which oil is used for propulsion, and platforms, shall keep an oil record book.

(2) The Minister for the Environment lays down detailed rules on the keeping and design of the oil record book.

(3) The oil record book shall be submitted to the competent authorities at request.

11.-(1) In Danish territorial waters discharge of oil must not take place.

(2) In the exclusive economic zones or outside Danish territorial waters discharge of oil at sea shall only take place in accordance with the rules under subsection (3).

(3) For the implementation of international agreements the Minister for Environment can lay down detailed rules on discharge of oil and oily ballast water in the exclusive economic zones or outside Danish territorial waters from oil tankers, other ships and platforms. In doing so the Minister can decide where discharge is allowed, how discharge can take place, including operation of approved systems, and the quantities which can be discharged, including rate of discharge.

PART 3

Liquid Substances Carried in Bulk

12.-(1) For the purpose of this Act, "liquid substances" shall mean substances having a vapour pressure not exceeding 2.8 kp/cm2 at a temperature of 37.8oC.

13(1) In Danish territorial waters, discharge of liquid substances carried in bulk, apart from water, must not take place.

(2) In the exclusive economic zones or outside Danish territorial waters, discharge of the substances referred to in subsection (1) above shall take place only in accordance with the rules laid down in section 14 below.

14.-(1) For the implementation of international agreements, the Minister for the Environment may lay down rules on categorization of liquid substances carried in bulk and rules prohibiting or establishing special conditions for the discharge of substances categorized as noxious. The Minister shall make a list of categorized liquid substances.

15.-(1) Liquid substances, apart from oil, not falling into the list prepared under section 14, shall be provisionally categorized by the Minister for the Environment prior to transportation in bulk to or from Danish ports or harbours.

16.-(1) Ships adapted to carry or carrying liquid substances in bulk (chemical tankers) shall keep a cargo record book of liquid substances categorized as noxious under sections 14 and 15 above.

(2) The Minister for the Environment shall issue detailed rules on the keeping and design of the cargo record book.

(3) The cargo record book shall at request be submitted to the competent authorities.

17.-(1) The Minister for the Environment may lay down rules on unloading and discharge of tank washing water and on supervision of compliance with the rules, including designation and authorization of the control personnel.

PART 4

Substances and Materials in Packaged Forms, Containers etc.

18.-(1) the Minister for the Environment may for the implementation of international agreements lay down detailed rules for or make decisions on transportation of substances and materials in packaged forms, containers etc., including rules on notification and duty to submit information on the content of the cargo.

PART 5

Solid Substances Carried in Bulk

19.-(1) For the implementation of international agreements, the Minister for the Environment may lay down rules on categorization of solid substances carried in bulk, and rules prohibiting or establishing special conditions for the discharge of substances categorized as noxious. The Minister may prepare a list of categorized substances.

PART 6

Sewage

20.-(1) In Danish territorial waters and in the Baltic Sea Area, discharge of sewage (outflow or other wastes from toilets, medical premises and spaces containing living animals) shall take place only if:

1) the discharge is made through an approved sewage treatment plant and the sewage effluent does not produce visible traces in the water,

2) the sewage has passed through an approved system for comminution and disinfection of sewage, and the discharge is taking place not less than 4 nautical miles from the nearest land, or

3) the discharge takes place not less than 12 nautical miles from the nearest land. If the discharge is made from a sewage holding tank, the ship or platform shall be proceeding at not less than 4 knots and the discharge shall be made at moderate rate.

(2) The Minister for the Environment may lay down special rules on discharge of sewage in the marine areas specified in subsection (1) above, i.a. on the prohibition of discharge in ports, bays, inlets and similar water, or on the prohibition of discharge from specified ships.

(3) The Minister may for the implementation of international agreements lay down rules on discharge of sewage in the exclusive economic zones or outside Danish territorial waters.

PART 7

Garbage

21.-(1) In Danish territorial waters discharge of garbage, with the exception of fresh fish and parts thereof, must not take place.

(2) The Minister for the Environment may within the framework of legislation under the Ministry of Fisheries and European Community fisheries regulation lay down rules on discharge of fresh fish and parts thereof.

22.-(1) In the Baltic Sea Area and the North Sea Area, food waste shall be discharged only if the discharge takes place not less than 12 nautical miles from the nearest land.

(2) The Minister for the Environment may, also for the implementation of international agreements, lay down rules on discharge of food waste in the exclusive economic zones or outside Danish territorial waters, the Baltic Sea Area and the North Sea Area.

(3) The Minister may lay down special rules on the disposal of food waste from platforms and from ships within 500 from such platforms.

23.-(1) In the Baltic Sea Area and the North Sea Area, discharge of garbage, apart from food waste, must not take place.

(2) The Minister for the Environment may for the implementation of international agreements lay down rules on discharge of garbage other than food waste in the exclusive economic zones or outside Danish territorial waters, the Baltic Sea Area and the North Sea Area.

PART 8

Reception Facilities

24.-(1) After consultation with the Minister for Transport, the Minister for the Environment may lay down rules and direct upon the provision and arrangement of facilities for the reception of residues of oil and noxious liquid substances, sewage and garbage in ports. In this connection bunker undertakings, establishments shipping or receiving oil or noxious liquid substances, and ship repair yards, may be ordered to establish facilities for the reception of ballast and tank washings containing oil or chemicals.

PART 9

Dumping

25.-(1) Dumping at sea of substances or materials shall not take place, apart from dumping of dredged material.

(2) For the purpose of dumping at sea, apart from dumping of dredged material, no substances or materials shall be handed over for transportation, nor shall such substances or materials be transported or shipped.

26.-(1) The regional council (in the Greater Copenhagen area the local council) grants permits to dump and supervises dumping at sea of dredged material.

(2) The evaluation of applications for permission to dump dredged material shall include the aspects and considerations specified in Annex I.

(3) Permits to dump dredged material can only be granted if the material is considered to contain insignificant quantities of the substances and materials listed in Annex II, which are not added to the dredged material with a view to disposal.

(4) For the purpose of the evaluation referred to in subsections (2) and (3) the regional council may order the applicant at his own account to institute analyses of the dredged material.

(5) Within an area designated under the EU Directive on the Protection of Birdlife or EU Directive on Natural Habitats, or in areas where the depth of water is below 6 m, the regional council (in the Greater Copenhagen area the local council) can only grant permission to dump dredged material with the consent of the Minister for the Environment.

27.-(1) Permits to dump dredged material shall be given for limited periods and state the substances or materials for which the permit is given, the total quantity, the dumping position, and the date of expiry of the permit. Moreover, the permit may specify terms for e.g. dumping procedure, including recovery and deposition, supervision and safety measures, and reporting. By disposal of dredged materials other than dumping at sea, recovery terms can be laid down.

28.-(1) The Minister for the Environment can lay down detailed rules on the approval scheme for dumping of dredged material, the content of the application, sampling, and analyses of dredged material, and on the regional council's evaluation and review of matters under section 26 above.

(2) The Minister can decide to assume the powers of the regional council under section 26 in matters of major importance.

29.-(1) The Minister for the Environment may, i.a. for the implementation of international agreements, amend Annexes I and II to this Act.

PART 10

Other Marine Pollution

30.-(1) The Minister for the Environment can, also for the implementation of international agreements, lay down rules on release into the sea of substances or materials arising from the exploration or exploitation of seabed mineral resources, i.a. hydrocarbons.

(2) In rules issued pursuant to subsection (1) it may be provided that release or other disposal of specified substances shall not take place, if it is considered to present a significant risk of pollution of the surroundings.

31.-(1) Incineration at sea of substances or materials shall not take place.

(2) (2) For the purpose of incineration at sea no substances or materials shall be handed over for transportation, nor shall such substances or materials be transported or shipped.

(3) The ban provided for in subsection (1) does not apply to:

1) disposal by incineration of garbage derived from the normal operation of ships and platforms, and

2) disposal by incineration of substances and materials arising from the exploration and exploitation of seabed mineral resources, cf. section 30 above.

(4) The Minister for the Environment may, also for the implementation of international agreements, lay down rules that garbage derived from the normal operation of ships and platforms may be disposed of by incineration.

32.-(1) The Minister for the Environment may, also for the implementation of international agreements, lay down rules on special measures, including requirements for fuel, on board ships and platforms with a view to reducing air pollution.

33.-(1) The Minister for the Environment may, also for the implementation of international agreements, lay down rules, cf. the scope of the Act, to prevent and reduce pollution from activities at sea which are not covered by the provisions of Parts 2-10.

PART 11

Contingency

34.-(1) The Minister for the Environment is in cooperation with the Defence Services, the contingency services and other bodies authorized by the Minister in charge of abatement of oil and chemical pollution of the sea and nearshore territorial waters.

35.-(1) By pollution by oil and chemicals, the restoration of coastal stretches and combating of pollution in ports are conducted by the local council.

(2) The local council shall establish a contingency plan for the restoration of the coastline in case of major pollution incidents at coasts in the local area, and for abatement of pollution in local ports.

(3) The local council may order the port authorities to prepare a contingency plan for combating pollution in the port, and to ensure the provision of the required equipment.

(4) The local council shall inform the regional council and the Minister for the Environment of the contents of the contingency plans and of amendments and supplements to such plans.

(5) The regional council shall after negotiations with the local authorities involved coordinate the local contingency plans and shall on the basis of the local contingency plans establish an overall contingency scheme and be in charge of and coordinate the measures taken in case of serious and comprehensive pollution incidents.

(6) The Minister may decide that the restoration of coastal stretches and combating of pollution in ports after particularly serious and comprehensive pollution incidents shall be conducted by the Minister.

36.-(1) After negotiations with the local organizations the Minister for the Environment draws up directions for the contents of contingency plans and fixes the date on which such plans shall be available.

(2) After negotiations with the state port authorities, the local organizations and the associations of port authorities the Minister lays down rules on the distribution among the port authorities, the local council, the regional council and the State of costs pertaining to the contingency schemes and to combating and restoration measures.

37.-(1) Oil tankers of 150 gross register tonnage and above and all other ships of 400 gross register tonnage and above shall have an approved contingency plan for oil pollution incidents onboard such ships.

(2) The Minister for the Environment may, also for the implementation of international agreements, lay down rules on contingency plans for ships above 150 gross register tonnage designed to carry or carrying noxious liquid substances in bulk.

(3) The Minister may lay down rules on the contingency plans referred to in subsections (1) and (2), also deciding that the plans shall be approved, and that conditions may be laid down for such approval.

PART 12

Reporting

38.-(1) Owners, users, masters, and pilots of ships, as well as owners, users and pilots of platforms, and anyone responsible for the platform shall report immediately to the Minister for the Environment any discharge or dumping incidents in contravention of the Act or covered by section 58 of the Act. Moreover, reports shall be made immediately of any form of collision or grounding or of other risks of discharge.

(2) The persons referred to in subsection (1) and masters of aircraft shall report immediately to the Minister any observation from the ship, platform or aircraft of significant spills of oil or noxious liquid substances.

(3) The port authorities shall report immediately to the Minister any observation of significant spills of oil or noxious liquid substances which present a risk of marine pollution.

(4) In the cases referred to in subsections (1-3) the persons listed shall upon request furnish the Minister or the body authorized by the Minister with all information relevant to the institution of measures to prevent or combat marine pollution.

39.-(1) The Minister for the Environment may, also for the implementation of international agreements, lay down rules on reporting referred to in section 38 above, and on reporting of other types of marine pollution than those referred to in section 38.

(2) Rules issued under subsection (1) may decide that in case of ships or platforms in the exclusive economic zones or outside Danish territorial waters, reporting shall be made to the authorities appointed under international agreements.

40.-(1) The Minister for the Environment may, also for the implementation of international agreements, lay down rules on reporting of information on dangerous or polluting cargo onboard ships, and on establishment of a scheme for reception, keeping and transmission of such information.

41.-(1) The Minister for the Environment may lay down rules that dealers, importers, exporters, freighters and port administrations shall be required to state the composition and quantity of the substances or materials loaded or unloaded in Danish ports.

PART 13

Intervention

42.-(1) The Minister for the Environment or other body authorized by the Minister, and the police may with due proof of identity, and without Court order, examine a ship or a platform as required to prevent or combat pollution of the sea, if discharge or release from the ship or platform has taken place or is likely to take place in contravention of the Act or of rules issued under the Act or is covered by section 58 below. Such examination shall not cause undue delay or undue expenses to the ship or platform.

(2) As regards contraventions specified in subsection (1) taking place in the exclusive economic zones, the powers under subsection (1) can only be exercised towards foreign ships provided discharge has taken place and provided there is a probable cause to believe that the violation was committed by that ship.

43.-(1) The Minister for the Environment may order the ship not to continue its voyage or carry out other activities or order that the voyage or other activities shall take place on specified terms, if discharge or release from the ship has taken place or is likely to take place in contravention of this Act or of rules issued under the Act, or covered by section 58, and the prohibition or order is necessary to prevent or combat marine pollution.

(2) Against platforms, the Minister may take measures similar to those referred to in subsection (1).

(3) The Minister may take further measures than those referred to in subsections (1-2) above, if necessary to prevent or combat pollution which may cause serious damage to the marine environment.

(4) As regards contraventions specified in subsection (1) taking place in the exclusive economic zones, the powers under subsection (1) can only be exercised, provided discharge has taken place and it is beyond doubt that the violation was committed by that ship.

(5) The decision to issue an order or prohibition under subsections (1-3) shall be notified immediately in writing or by telegraph to the master of the ship or the person in charge of the platform, or to the owner or user of the ship or platform, stating the reasons for the order or prohibition, and in the case of retention, stating the terms of release of the ship or platform.

(6) The Minister for Environment and Energy may publish information on the retention of a ship, stating the name of the classification society and the cause of retention.

43a.-(1) The Minister for Environment and Energy can decide that ships shall not call on Danish ports, in cases where

1) the ship leaves or continues its voyage in spite of sailing prohibition under section 43, or

2) the ship fails to call on repair yard appointed in agreement with the Minister for Environment and Energy to correct the conditions causing the ship to be retained.

(2) The Minister for Environment and Energy may also at the request of another EU/EES country forbid ships to call on Danish ports, in cases where the ship has violated the provisions of retention ordered by that EU/EES country.

(3) In case of prohibition against calling upon port by a ship, the Minister for Environment and Energy may grant a permit to call on a specified Danish port, provided the continued voyage of the ship is likely to endanger human life, to cause damage to the marine environment, where required by urgent safety measures, or with a view to remedying faults and deficiencies.

(4) The Minister for Environment and Energy cancels a prohibition against calling on ports, provided the conditions causing the ban have been corrected.

(5) The Minister for Environment and Energy informs without delay other EU/EES countries of prohibitions against calling upon Danish ports and of cancellation of such orders, with a view to implementation of similar measures in these countries.

44.-(1) If discharge or release has taken place or is likely to take place in contravention of this Act or rules issued under the Act, or is covered by section 58 below, causing expenses pertaining to contingency or combating measures, such expenses for all reasonable measures shall be borne by the owners of the ship or platform.

(2) The Minister may direct the owner of the ship or platform to guarantee payment of the expenses referred to in subsection (1) and decide that the ship or platform shall be retained until the guarantee has been furnished. Section 43(4) shall be similarly applicable.

PART 14

Supervision

45.-(1) The Minister for the Environment shall supervise compliance with the provisions of this Act and rules issued under the Act.

(2) The Minister or any body authorized by the Minister and the police may with due proof of identity and without Court order have access to the ship or platform and to the official papers of the ship or the platform for the purpose of supervision under subsection (1), and may take out samples to supervise compliance with this Act and rules issued under the Act. Such supervision shall not cause undue delay or undue expenses to the ship or platform.

(3) The powers under subsection (2) may be exercised towards foreign ships and platforms passing through Danish territorial waters or navigating in the exclusive economic zones only where there is a probable cause to believe that the provisions of this Act and of rules issued under the Act were violated.

46.-(1) The Minister for the Environment may lay down rules on inspection of cargo tanks of oil tankers to ascertain if the cargo residue quantity corresponds to the information given on previous oil cargoes and discharges. It may be decided that such inspection can be carried out without Court order, but against proof of identity.

47.-(1) The Minister for the Environment may lay down rules for the application of tagging in Danish ships and in foreign ships in Danish ports, for identification of discharges in contravention of this Act or of other types of pollution.

PART 15

Administrative Provisions and Complaint

48.-(1) The Minister for the Environment may delegate his powers under this Act to an Agency under the Ministry or to a similar institution or other State authority.

(2) The Minister may lay down rules on the right to lodge complaints against the decisions made according to the powers delegated under subsection (1), and may decide that the decisions cannot be appealed to the Minister.

49.-(1) Decisions under this Act shall be notified in writing to the recipient. Decisions regarding dumping of dredged seabed material shall also be notified to the persons, organizations and authorities entitled to lodge complaints, cf. section 52 below, and to the authorities otherwise involved in the review of the case.

(2) Notification to the persons referred to in section 52(1), point 2, may be made by public announcement.

50.-(1) Decisions which may be appealed shall state the date of expiry of the timelimit for lodging complaints, and information to the effect that:

1) complaint against the decision may be lodged in writing, and to whom,

2) complaints against decisions made under section 26 above shall be lodged with the authority making the decision, while decisions made under section 43 shall be lodged with the Retention Committee, cf. section 51(4), and

3) complaints shall be lodged before expiry of the timelimit for lodging complaints.

51.-(1) Complaints against decisions made by the regional council or in the Greater Copenhagen area the local council about dumping of dredged material, cf. section 26(1), may be made to the Minister for the Environment, cf., however, subsection (2).

(2) Complaints against the decisions of the regional council or in the Greater Copenhagen area the local council about dumping of dredged material within the areas specified in section 26(5) may be made to the Environmental Appeal Board set up under the Environmental Protection Act. Sections 102, 104, 105(1), 105(2), first clause, 106 and 109 of the Environmental Protection Act shall be similarly applicable. Instead of being considered by the expert members referred to in section 105(2) of the Environmental Protection Act, complaints under this Act shall be considered by expert members appointed by the Minister for the Environment for terms of four years on the recommendation of:

1) the Association of Danish Ports, the Association of Private Danish Ports, the Copenhagen Port Authority, Århus and Ålborg local councils, the Ministry of Transport, the Danish Seafishing Association, the Danish Fisheries Association, the Association of Pepple and Sand Pump Dredgers, and the Economic Council of the Labour Movement jointly,

2) the Danish Environmental Protection Agency and the Forest and Nature Agency jointly.

(3) Complaints under subsection (1) are lodged with the authority making the decision. This authority will transmit the complaint to the complaint authority.

(4) Complaints against orders or prohibitions under section 43 or section 43a(1) or (2) to ships and platforms can be made to the Retention Committee set up under the Safety of Ships etc. Act. The decisions of the Retention Committee cannot be appealed to other administrative authorities.

(5) During the review of complaints under subsection (4) the Retention Committee submits the case to an expert appointed by the Minister for the Environment for his opinion.

(6) Complaints under subsections (2) and (4) shall be lodged with the Environmental Appeal Board and the Retention Committee respectively.

(7) Complaints under subsections (1), (2) and (4) shall be lodged within four weeks after notification of the decision. However, by public announcement, cf. section 49(2), the timelimit for lodging complaints is counted from the day the announcement was made.

(8) Where timelimits expire on a Saturday or holiday, the limit is extended to the following weekday.

52.-(1) Complaints against the decisions under section 26 can be made by:

1) the recipient of the decision,

2) any party likely to have an individual and significant interest in the outcome of the case,

3) the local council,

4) the Public Health Officer,

5) the Danish Society of Nature Conservation,

6) the Consumer Council,

7) the Danish Seafishing Association,

8) the Danish Fisheries Association,

9) the Danish Angling Society,

10) Greenpeace, Denmark,

11) the Danish Ornithological Society,

12) the Association of Danish Pepple and Sand Pump Dredgers, and

13) the Economic Council of the Danish Labour Movement,

(2) Complaints against orders or prohibitions under section 43 can be made by the recipient of the decision.

53.-(1) A permit to dump dredged material shall not be utilized until the term of complaint has expired.

(2) Complaints against permits to dump dredged material have suspensive effect, unless otherwise decided by the complaint authority. In case of complaints, the authority issuing the permit shall without delay notify the applicant thereof.

PART 16

Other Provisions

54.-(1) Release into the sea of substances or materials for the purpose of scientific research into pollution abatement or abatement of marine pollution is only allowed if a permit has been granted by the Minister for the Environment. In the exclusive economic zones or outside Danish territorial waters permits may also be granted by the competent authorities of a state party to the Convention on the Protection of the Marine Environment of the Baltic Sea Area or the Convention for the Prevention of Pollution from Ships.

(2) Permits under subsection (1), first clause, can only be granted in concrete individual cases or on special terms, for limited periods of time. The permit shall state the substances or materials covered by the permit, the total quantities, and terms of storage, periodical control sampling, and reporting.

55.-(1) The Minister for the Environment can lay down rules on fees to cover the authorities' expenses pertaining to administration and supervision under the Act, and the expenses of operating reception facilities in the ports, cf. section 24 above.

56.-(1) Where this Act or rules issued under the Act provide for requirements for the use of specific systems and facilities, such systems or facilities must be approved, as regards Danish ships by the Minister for Industry or bodies empowered by the Minister, as regards Danish platforms by the Minister of Energy or bodies empowered by the Minister, and as regards foreign ships by competent authorities in a state party to the Convention on the Protection of the Marine Environment of the Baltic Sea Area or the Convention for the Prevention of Pollution from Ships.

57.-(1) Permits granted under this Act or an Act repealed under this Act may be changed or revoked at any time when justified by considerations for the protection of the marine environment.

58.-(1) The provisions of Parts 2-7 and 9-10 and regulations issued in pursuance thereof shall not apply:

1) when the discharge, release or dumping is made for the purpose of saving life at sea or securing the safety of ships, aircraft or platforms, or

2) when the escape results from damage to the ship or the platform and to their equipment, or unavoidable leakage, provided that all reasonable precautions have been taken after discovery of the damage or leakage for the purpose of preventing or minimizing the escape, except if the owner, user or master of the ship or others exercising functions in the service of the ship, or the owner, user or person in charge of the platform, or others exercising functions in the service of the platform, have acted with intent to cause damage or leakage or should have known that damage or leakage would probably result.

58a.-(1) The Minister for Environment and Energy can lay down the rules required to implement in Denmark the European Communities regulations on matters covered by this Act. The Minister can lay down rules specifying the authorities in charge of the administration of the regulations.

(2) The Minister lays down rules on payment of charges, and on interest rates and distraint.

(3) Control of observance of regulations is discharged by the Minister for Environment and Energy under Part 14, unless the Minister decides that these functions shall be discharged by other authorities. In the discharge of control functions the supervision authorities shall meet the obligations and have the powers specified in Part 14 of the Act, unless otherwise decided by the Minister.

(4) By decisions under regulations or rules issued under regulations, the provisions of Part 15 shall apply to matters relating to the right of appeal.

PART 17

Penalty, Entry into Force and Transitional Provisions

59.-(1) Unless heavier penalty is due pursuant to other legislation, the punishment for the following infringements shall be a fine:

1) violation of sections 10(1) and (3), 11(1-2), 13, 16(1) and (3), 20(1), 21, 22(1) 23(1), 25, 31(1-2), 37(1), 53(1) and 54(1),

2) failure to apply for categorization under section 15,

3) disregard of terms under sections 27 and 54(1),

4) failure to submit reports under section 38(1-3) or to provide information under section 38(4),

5) failure to comply with prohibitions or orders under section 43(1-4) or prohibitions under section 43a(1-2),

6) impediment to examinations under section 42(1-2) or supervision under section 45(2-3),

7) violation of provisions laid down in regulations of the European Communities concerning matters covered by this Act, cf. section 1, and

8) impediment to retention under section 44(2).

(2) The penalty may be detention or imprisonment for a maximum term of two years if the offender acted deliberately or by gross negligence or if the infringement resulted in:

1) damage to the environment or risk of damage, or

2) achieved or intended economic advantages, including savings, for the offender or for others.

60.-(1) For violation of sections 11(1-2), 13, 25 and 31(1) the owner or user of the ship or platform may be held liable to pay a fine, even when the violation cannot be imputed on him as being intentional or negligent. No alternative sentence shall be pronounced to such penalty of fine.

61.-(1) Rules issued under sections 10(2), 11(3), 14, 16(2), 17, 18, 19, 20(2-3), 22(2-3), 23(2), 24, 28, 30, 31(3), 32, 33, 39, 40, 41, 46, 47, and 58a, may specify a penalty of fine. It may also be specified that the penalty may be detention or imprisonment for up to two years under conditions similar to those specified in section 59(2).

62.-(1) As regards violations committed by limited liability companies, co-operative societies, private limited companies or the like, the company or society as such may be held liable to pay the fine. If the violation was committed by the State, a local authority or authorities jointly, cf. section 60 of the Local Administration Act, the State, the local authority or authorities jointly may be held liable to pay the fine.

63.-(1) Search remedies in cases of violation of the provisions of this Act or rules issued under the Act may be used in conformity with the rules of the Administration of Justice Act providing for searches in cases which under the Act are liable to prison sentence.

(2) In case of liability under sections 59-61, the ship or platform involved may be retained by the supervision authorities or by the police on behalf of the supervision authority, until the fines and costs of the case have been paid or a guarantee has been furnished for the payment thereof. If this is not done within two months after the final settlement of the case, payment may be recovered be levying execution against the ship.

64.-(1) This Act enters into force on January 1, 1994, cf., however, subsection (2).

(2) The date of entry into force of section 37 shall be fixed by the Minister for the Environment.

(3) At the entry into force of this Act, Act no. 130 of April 9, 1980 on the Protection of the Marine Environment is repealed.

65.-(1) Rules laid down under the Act referred to in section 64(3) remain in force until they are replaced by rules laid down under this Act. Violation of the rules shall be punished according to the rules hitherto in force.

66.-(1) Decisions made in accordance with the rules referred to in sections 64(3) and 65 remain in force until new decisions are made in accordance with this Act or rules issued under the Act. Violations of such decisions shall be punished in accordance with the rules hitherto in force.

67.-(1) Cases under consideration at the time of entry into force of this Act shall be considered in accordance with the rules hitherto in force.

68.-(1) This act shall not apply to the Faroe Islands and Greenland; however, a royal decree may be issued to the effect that the Act shall apply to the Faroe Islands and Greenland with any amendments resulting from the special Faroese and Greenland conditions.

(2) As regards activities covered by permits to explore and exploit mineral raw material in Greenland, including hydrocarbons, the powers and assignments of the authorities under the Act, except the power to lay down rules under the Act, shall be exercised by the Minister of Energy. As part of the overall authority review of raw material activities in Greenland, cf. the Mineral Resources etc. (Greenland) Act no. 335 of June 6, 1991, and the Continental Shelf Consolidated Act no. 182 of May 1, 1979, the Minister of Energy may allow exemptions from the provisions of this Act or rules issued under the Act, provided such exemption does not conflict with international agreements.

(3) At the entry into force of this Act in Greenland, Act on Control of Pollution of the Sea by Oil, cf. Consolidated Act No. 134 of March 28, 1978, and Act no. 290 of June 7, 1972 on Control of Pollution of the Sea by Matter Other than Oil shall be repealed.

Given at Christiansborg Castle

May 22, 1996

Under Our Royal Hand and Seal

Margrethe R.

/Svend Auken

ANNEX 1

Aspects to be considered in the review of applications for dredging permits:

A. Characteristics of dredge material:

1. Quantity and nature of material for which dredging is intended.

2. Content of the substances and materials specified in Annex 2.

3. Physical, chemical, biochemical and biological properties of dredge material.

4. Toxicity.

5. Persistence.

6. Accumulation and biotransformation in biological material or sediments.

7. Chemical and physical changes of the material after dredging, possible generation of new compounds.

8. Probability of production of taints or other changes reducing marketability of marine resources (fish, shellfish etc.).

9. General evaluation of the sufficiency of the scientific basis for characterization and composition of dredge material, to evaluate the impact of dumping on marine life and human health.

B. Characteristics of dredging site and method:

1. Geographic position, depth and distance from coast.

2. Location in relation to other areas (e.g. Bird Protection Zones, Ramsar areas, amenity areas, breeding areas, nature reserves, spawning, nursery and fishing areas, and raw material resources areas).

3. Description of relevant aspects of sediments.

4. Dredging method and recovery method.

5. Relevant water characteristics, including dispersal (currents, tides).

6. Presence and impact of ongoing and previous release and dredging operations in the area (including cumulative effects).

7. Data shall include sufficient information on annual average values and seasonal variations relating to the aspects specified in this part of Annex 1.

8. General evaluation of the sufficiency of the scientific basis to allow an evaluation of the impact of intended dredging.

C. General considerations and conditions:

1. Possible impact on amenities (e.g. presence of floating or stranded material, turbidity, objectionable odour, discolouration and foaming).

2. Possible effects on marine life, waterfowl and feeding resources, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture.

3. Possible effects on other uses of the sea (e.g. impairment of water quality for industrial use, including exploitation of mineral and raw material resources, underwater corrosion or structures, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas of special importance for scientific or conservation purposes).

4. Possibility of valorization or practical availability of alternative landbased methods of treatment, disposal or elimination, or of treatment to render the material less harmful for dredging, taking both environmental and economic consequences of alternative dumping methods into account.

ANNEX 2

Dredge material shall not contain significant quantities and concentrations of the following substances and materials:

1. Mercury and mercury compounds.

2. Cadmium and cadmium compounds.

3. Antimonium, arsenic, beryllium, lead, chromium, copper, molydenum, nickel, selenium, tin, vanadium, zinc and their compounds, and phosphorus.

4. Cyanides and fluorides.

5. Organic halogen compounds (i.a. PCB, PCT, DDT etc.) and substances capable of producing such compounds in the marine environment, except substances which are non-toxic or rapidly transformed in the sea into substances which are biologically harmless.

6. Crude oil and crude oil waste, refined products, residues from oil refining, and any mixture containing such substances.

7. Polycyclic aromatic hydrocarbons (PAH) and their derivatives.

8. Phenols and their derivatives.

9. Phthalic acid and its derivatives.

10. Persistent pesticides, anti-fouling agents and chemical substances for preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles and their byproducts, which are not covered by points 1-9.

11. Persistent toxic organosilic compounds.

12. Surfactants.

13. Lignin substances.

14. The chelators EDTA and DTPA.

15. Substances having adverse effects on the taste and/or smell of products for human consumption from the sea.

16. Substances which - in spite of their non-toxic nature - may become harmful due to amounts dredged, or which may seriously reduce amenity values.

17. Persistent plastics and other persistent synthetic materials and other materials and substances which may float, remain in suspension or sink, and which may seriously interfere with any legitimate use of the sea or reduce its amenity values.

18. Containers, metal waste, tarlike substances which may sink, and other bulky material which may seriously interfere with fishing or navigation.

19. Radioactive waste or other radioactive substances.

20. Materials in any state (solid, liquid, gaseous or living) produced for the purpose of biological and chemical warfare.

21. Substances specified by the Minister for the Environment, which after dredging are considered to be carcinogenic.

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[1] This Act contains provisions implementing Council Directive 89/686/EEC, OJ 1989, L 399 p. 18, on the approximation of the laws of the Member States relating to personal protective equipment and Council Directives 93/68/EEC, OJ 1993, L 220 p. 1, and 93/95/EEC OJ 1993, L 276 p. 11, both amending Directive 89/686/EEC. Moreover, the Act contains provisions implementing Council Directive 94/25/EEC, OJ 1994, L 164 p. 15 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, and Council Directive 95/21/EEC, OJ 1995, L 157 p. 1, and Council Directive 94/57/EEC, OJ 1994, L 319 p. 20.

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