The provisions shall apply to plans pursuant to the Planning and Building Act as specified in section 16-2, and certain specified plans and projects pursuant to other legislation, which may have significant effects on the environment, natural resources or the community.
The purpose of the provisions is to ensure that the environment, natural resources and the community are taken into account during the preparation of the plan or project, and when a
decision is taken as to whether, and if so subject to what conditions, the plan or project may be carried out.
Section 33-2. General provisions
For plans and projects that are covered by the provisions, as early as possible during the preparation of the plan or project, a proposal shall be drawn up for a programme for the planning and assessment process. The proposal shall describe the purpose of the plan or application, the need for assessments and arrangements for participation. The proposal shall be circulated for
consultation and made available for public inspection.
Proposed plans or applications accompanied by an environmental impact assessment shall be prepared on the basis of the prescribed planning or assessment programme and circulated for consultation and made available for public inspection,
Administrative decisions on the matter shall be published with the grounds for the decision.
The grounds shall state how the effects of the proposed plan or application and any consultative comments received have been assessed, and what importance has been attached to them in making the decision, particularly as regards the choice of alternatives.
In connection with the decision, conditions shall be considered and insofar as necessary laid down with a view to monitoring and remedying possible negative effects of significant importance.
The conditions shall be set out in the decision.
Section 33-3. Relationship to other states
If plans and projects that are considered pursuant to this chapter may have significant negative effects in another country, the state in question shall be notified and given the opportunity to participate in the planning or assessment process pursuant to these provisions.
Section 33-4. Costs
The costs of preparing an environmental impact assessment shall be borne by the person presenting the proposal.
Section 33-5. Regulations
The King may in regulations issue provisions concerning plans and projects that are covered by this chapter as well as supplementary provisions concerning environmental impact assessments.
Section 33-6. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-7. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-8. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-9. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-10. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-11. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-12. (Repealed by the Act of 24 September 2004 No. 72.) Section 33-13. (Repealed by the Act of 24 September 2004 No. 72.) CHAPTER VIII. EXPROPRIATION
Section 34. Definition
For the purposes of this Act, expropriation takes place when the right of ownership to real property or any building or other object permanently attached to such property is acquired by compulsion in return for compensation fixed by judicial assessment, or when any right of use, easement or other right to or over real property is acquired, altered, transferred or redeemed by compulsion in return for compensation fixed by judicial assessment.
Section 35. Expropriation for the purpose of implementing a zoning plan or building development plan
1. The Municipal Council may effect expropriation for the purpose of implementing a zoning plan or building development plan.
The State may effect expropriation for the purpose of implementing a zoning plan or building development plan. The provisions made in subsections 2 to 6 hereunder shall apply
correspondingly.
2. As far as is necessary for the purpose of implementing a zoning plan or building development plan, the Municipal Council may, with the consent of the Ministry, extend the expropriation pursuant to subsection 1 to include temporary and/or permanent encroachment on land and rights outside the zoning area. Nevertheless, consent is not necessary in the case of
expropriation of land for road cuttings and fillings outside the zoning area.
3. Before the Municipal Council makes a decision concerning expropriation pursuant to subsection 1 and concerning an application for consent to expropriation pursuant to subsection 2, the matter shall be clarified as well as possible, and the persons who are to be affected by the encroachment
shall be given an opportunity to express an opinion. Sections 12 and 28 of the Act of 23 October 1959 concerning expropriation of real property shall apply correspondingly.
Nevertheless, section 12, first paragraph, second sentence, of the Expropriation of Property Act shall not apply when expropriation is effected pursuant to this section.
4. Expropriation of individual developed or undeveloped lots should normally not be effected unless the municipality has first given the owner or the lessee a reasonable time limit within which to build in accordance with the plan, and the said time limit has been exceeded. This does not apply to lots within areas zoned for renewal (section 25, subsection 8).
5. Expropriation pursuant to this section may not be effected in respect of land designated in the plan as agricultural areas (section 25, subsection 2).
6. In the event of expropriation of land designated as a renewal area (section 25, subsection 8), the Municipal Council may consent to another legal person who is to be responsible for the renewal having the right of expropriation.
Section 36. Expropriation independent of a zoning plan
1. With the consent of the Ministry, the Municipal Council may effect expropriation in order to secure for the municipality land for new built-up areas. Consent may be granted and the encroachment may be implemented even if no zoning plan, building development plan or relevant building plans have been prepared for the area concerned.
2. With the consent of the Ministry, the Municipal Council may effect expropriation for the purpose of zoning a district that has been destroyed by fire or otherwise, even if no zoning plan or building development plan exists.
3. If an owner of real property does not put into effect or comply with the provisions of an
improvement programme pursuant to section 89a within a time limit fixed by the municipality, the Municipal Council may, with the consent of the Ministry, expropriate all or parts of the property and the rights therein for the purpose of implementing the programme.
4. Section 35, subsection 3, first paragraph, applies correspondingly in the case of expropriation pursuant to subsections 1, 2 and 3.
Section 37. Expropriation for water and sewerage installations, etc.
For sewerage installations, cf. section 21 of the Pollution Control Act, for a zoned area, the Municipal Council may, with the consent of the Ministry, effect expropriation outside the ground acquired for the road for the purpose of pipelines and appurtenant devices. In connection with the expropriation pursuant to the first sentence, expropriation may also be effected for water pipes with appurtenant devices.
Section 35, subsection 3, first paragraph, applies correspondingly.