Register well in advance
Report the activity in good time before you need to take the action. A water operation subject to notification may be started no earlier than eight weeks after the notification has been made, unless the County Administrative Board decides otherwise. Sometimes the processing time for notifications about water activities can be long.
Wait for the County Board’s decision
If you start a notified measure before you have received a decision from the County Administrative Board, you may be responsible for any restoration or other correction in cases that the County Administrative Board deems necessary according to the Environmental Code. This applies even if eight weeks have passed since the notification. We therefore recommend that you wait for the County Board’s decision before starting the work.
When the case is investigated
When the notification case has been sufficiently investigated, the supervisory authority shall:
- decide on the prohibitions for the operator that are needed according to the Environmental Code
- order the operator to take the precautionary measures required according to the Environmental Code, or apply for a permit according to Chapter 11 Section 9 of the Environmental Code, if necessary with regard to the operation’s impact on the environment or individual interests
- if there is no need for a ban or injunction according to 1 and 2, inform the person who made the report that the matter does not cause any action on the part of the authority.
Individual interests – civil law matters
Individual interests and civil law matters are not dealt with in notification cases. It may concern questions about compensation due to infringement, unforeseeable damage or damage prevention measures that may arise in a notification case.
These issues must be agreed upon by the business operator and the concerned owner outside of the notification. If the parties do not agree, the matter cannot be handled as a report, but instead requires a permit from the Land and Environment Court.
Tags: Water operations notified Halland County Administrative Board