General provisions on charges

The following is laid down pursuant to Section 88, subsections 1 and 2, and Section 92 of the Danish Environmental Protection Act, cf. Consolidated Act no. 1757 of 22 December 2006, and pursuant to Sections 72 and 78 of the Livestock Farming Environmental Approval Act no. 1572 of 20 December 2006:

§ 1. Persons responsible for public or private undertakings, facilities or arrangements etc. or livestock farming etc. as stated in Section 2, and persons applying for approval of an enterprise, facility or arrangement etc. pursuant to Chapter 5 of the Danish Environmental Protection Act or approval of livestock farms etc. pursuant to Chapter 3 of the Livestock Farming Environmental Approval Act, must help (through charges) to cover the costs incurred by local and central government authorities associated with:
1) approvals and other tasks pursuant to Chapter 5 of the Danish Environmental Protection Act,
2) approvals pursuant to Chapter 3 and tasks pursuant to Chapter 4 of the Livestock Farming Environmental Approval Act,
3) inspections pursuant to Chapter 9 of the Danish Environmental Protection Act, and
4) inspections pursuant to Chapter 5 of the Livestock Farming Environmental Approval Act.

§ 2. The Order covers the following:
1) undertakings, facilities or arrangements etc. covered by the Order on the approval of listed undertakings; however, cf. subsection 2.
2) livestock farms covered by Sections 10, 11 or 12 of the Livestock Farming Environmental Approval Act.
3) livestock farms and other farms covered by Section 16 of the Livestock Farming Environmental Approval Act.
4) existing livestock farms covered by an environmental approval pursuant to Section 33 or an injunction pursuant to Section 41, cf. Sections 41a and 41b of the Danish Environmental Protection Act and which are being reassessed in accordance with Chapter 4 of the Livestock Farming Environmental Approval Act; cf. Section 103, subsection 3 of this Act.
5) livestock farms and holdings covered by the Order on commercial holdings, domestic manure, silage etc. and livestock farms and holdings covered by the Order on livestock farms and holdings of more than three livestock units, domestic manure, silage etc., which are not covered by items 1-4, according to the following rules:
a) livestock farms and holdings of more than 3 livestock units.
b) dog kennels and dog handlers.
c) dog kennels and other dog arrangements with more than 9 adult dogs (over 18 weeks).
6) undertakings covered by the Order on fur farms etc.
7) undertakings covered by the Order on environmental requirements in connection with the establishment and operation of motor car repair shops.
8) wind turbines, wind farms and groups of wind turbines covered by the Order on noise from wind turbines, with the exception of wind turbines of less than 25 kilowatt.
9) undertakings described in Annex 1 to this Order; however, cf. subsection 2.
Subsection 2 . Shooting ranges, motor sport tracks, moped tracks, airports and freshwater fish farms for fish fry hatching are not covered by the Order if they are primarily used for non-commercial leisure and sporting undertakings. Taking hunting tests, cf. the Order on hunting licences, and training in relation to this at shooting ranges etc. is not deemed to be commercial use.
Subsection 3 . The inspection service decides whether an enterprise, facility or arrangement, etc. or livestock farm, etc. mentioned in subsection 1 is covered by the Order.

§ 3. The approval and inspection bodies request the payment of charges in accordance with the rates and detailed rules as specified in Annex 2, to help cover the costs incurred by the authorities in connection with:
1) approval and other tasks pursuant to Chapter 5 of the Danish Environmental Protection Act,
2) approval pursuant to Chapter 3 and tasks pursuant to Chapter 4 of the Livestock Farming Environmental Approval Act,
3) inspections pursuant to Chapter 9 of the Danish Environmental Protection Act, and
4) inspections pursuant to Chapter 5 of the Livestock Farming Environmental Approval Act.

§ 4. In November of each year the bodies mentioned in Section 3 request where appropriate the payment of charges from the undertakings etc. on whose behalf the body has performed tasks in the period from 1 November of the previous year to 1 November of the current year, unless the charge has already been levied; cf. subsection 2.
Subsection 2 . A separate charge may be payable to the bodies mentioned in Section 3 for processing of a permit application when processing is complete.
Subsection 3 . The body sets the date on which charges are due; cf. subsections 1 and 2.

§ 5. If charges levied under Sections 3 and 4 are not paid on time, interest is payable according to the rules in Section 88, subsection 2, points 2 and 3, of the Danish Environmental Protection Act or according to the rules in Section 72, subsection 2, points 2 and 3 of the Livestock Farming Environmental Approval Act.

§ 6. The approval and inspection bodies may not grant a derogation from the rules of this Order.

§ 7. Decisions made by the approval and inspection bodies pursuant to this Order cannot be appealed via any other administrative authority.

§ 8. The Order enters into force on 2 June 2007 and ceases automatically on 2 June 2012, unless superseded before this date; cf. the Danish Ministry of Justice's letter of 28 February 2002 regarding a trial scheme for the use of automatic cessation clauses in certain orders in the areas of the environment and the work environment.
Subsection 2 . Order no. 719 of 16 June 2006 on charges for approval and inspection pursuant to the Danish Environmental Protection Act is repealed.
Subsection 3 . Charges are not payable for work on the processing of applications for approval submitted pursuant to Order no. 532 of 20 June 1992 regarding the call for applications for approval from existing listed undertakings.
Subsection 4 . The approval and inspection bodies levy charges in November 2007 from the undertakings etc. on whose behalf the body has performed tasks for which charges are payable in the period from 1 January 2007 to 1 November 2007.