Are you the owner of land designated as a BNBO protected zone?
Since the protection of drinking water is a high priority, the Danish Parliament wants to reduce the use of pesticides close to water drillings. Such zones are called BNBO [1]. This prioritisation has caused the Danish Ministry of Environment and Agriculture to appoint several priority areas and register BNBO zones throughout the country.
As a plot owner, you should consider the following:
- Are the technical grounds for designating your property as a BNBO zone justified?
- If the BNBO designation on your property is justified, which restrictions may the municipality be expected to impose on you (specific plans of action for your property), and will you be entitled to compensation, if relevant?
If restrictions are imposed on your property
The municipalities have been ordered to perform the work before 2022, and therefore, several plot owners have already been notified about the restrictions to be imposed on their properties.
If prospective restrictions are expected to be imposed on your property, it is important to ensure that the grounds are justified. HjulmandKaptain offers a non-committal assessment to ensure that your situation is handled to best effect. Please feel free to contact us.
Restrictions and compensation
A municipality is entitled to impose restrictions on a plot owner regarding the use of pesticides on the plot owner’s property in pursuance of sections 24 or 26a of the Danish Environmental Protection Act. Such restrictions may often be enforced by way of enforcement or prohibition notices against the use of pesticides and nitrates within the BNBO zones.
In the absence of agreement on the compensation payable to the plot owner, the question of assessment of damages must be brought before the Danish Valuation Commission. Any disagreement as to whether restrictions should be imposed must be brought before the Danish Complaints Centre for Food, Agriculture and Fisheries.
How to obtain legal assessment
HjulmandKaptain has a team of attorneys capable of advising you if restrictions have been imposed on you as a plot owner. We can help you to review your situation, ensuring that you obtain the best conditions for receiving damages.
We help you:
- to assess the grounds for the restrictions
- to verify compliance with the administrative rules
- to negotiate a voluntary agreement with the municipality
- to measure the compensation
- to participate in valuations
- to file a complaint with the Complaints Centre for Food, Agriculture and Fisheries
- to handle any court action
Please feel free to contact us on +45 7015 1000 if you have any questions or if you need legal advice.
[1] BNBO means zones situated in the vicinity of areas designated for water drilling purposes, thus being subject to special environmental protection.
