Environmental law

 

Danish legislation regarding agriculture, fish farming and fur farming is varied and is spread over various environmental Acts.

 

Much of that Danish legislation is based on EU legislation, e.g. the IPPC Directive and the Nitrate Directive. Danish legislation must therefore be understood in that context.

 

The relevant rules in the Danish Planning Act and the local plans issued pursuant to the Act are of great importance for the above professions. The rules relating to Environmental Impact Assessments (EIA) are of quite fundamental importance. Depending on the size and the productive capabilities of a farm, an EIA might be necessary and consequently, any approval of the farm might be given with provisions. The local plan regulating the local area of and around the farm lays down the lines for the physical situation, the size of the structures involved on the farm and the scale of possible productivity on the farm.
 

Since 1 January 2007, an additional approval in accordance with the Danish Farming Act is required. Such approval is required when a farm of a certain size is established, expanded or otherwise changed as regards productivity. The environmental effects of such changes on the air, water, neighbouring natural areas and distances to various public installations and roads and private residences are regulated in the Farming Act. The focus is thus on the broad environmental impact of farming.

 

Of equally great importance are the various environmental requirements regarding wastewater, the production and distribution of farmyard manure, levels of nitrate and other organic compounds and medicines in feed, the use of fertilizers and the impact of all these as well as other factors on the surrounding environment.

 

As is the case with many environmental requirements, the assessment of whether the various requirements are met depends not only on set values. The concrete physical surroundings of the farm, e.g. nearby zoning regulation and possible habitats, natural areas, etc, also play a significant role in the assessments and the provisions laid down by the authorities in their approval.