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Marine Protection Act (No. 116 of 2017).

Type of law
Date of original text

This Act sets regulations for the protection of the marine environment and with the purpose of restricting and preventing marine pollution. The Act applies to vessels, vehicles, platforms and the likes operating in the Danish maritime area and implements the requirement for compliance on their machinery and equipment which may eventually pollute the sea. Certain maritime zones are subject to restrictions in view of pollution from oil, hazardous substances, sewage and wastewater, discharge/ dumping at sea etc. The Minister of Food and Environment of Denmark shall ensure that the implementation of international agreements shall be applied in specified waters nearest the coast. Vessels shall be required to notify their identity, port of registry, last and next port of call and other relevant information necessary and to prevent cases where foreign vessels transiting in the exclusive economic zone or territorial waters in the exclusive economic zone have violated the Marine Environment Protection Act. Should this occur, they shall be subject to provisions of inspection in the transiting marine area. No form for oil discharge is allowed in the Danish marine area. The Minister of Environment and Food shall apply international agreements regulations concerning the discharge of oil and oily ballast water in the exclusive economic zones or outside Danish territorial waters from oil tankers, or other vessels and platforms and will determine compliance of location, the method and quantities of such discharges (art. 11). Liquid substances defined in this Act shall include these having a vapor pressure not exceeding 2.8 kp/cm2 and at a temperature of 37.8 celsius degree (art. 12). The Minister can approve facilities for the treatment of ballast water, including the information contained in the application requests, and with the involvement of the United Nations International Maritime Organization. Furthermore these authorization requests must be subject to the submission of results of studies demonstrating that said facilities meet standards of care. The UN International Maritime Organization shall require the payment of USD 50 000 by the applicants when submitting application for approval of said facilities (art. 19). Discharge of sewage is not permitted, provided discharge facilities have prior been approved and sewage has undergone standard disinfection procedures prior to dumping in an area distancing minimum 4 sea miles from the closest coast (art. 20). The Minister can implement regulations on the discharge into the sea of other substances and materials resulting from the exploration or exploitation of seabed mineral resources, including hydrocarbons (art. 30). Discharge into the sea of substances or materials for the purpose of scientific research of sea pollution control or pervention should not take place without the Ministrt's authorizsation. In the exclusive economic zones or outside Danish territorial waters may be permit granted by governmental competent authorities adhering to the Convention on the Protection of the Marine Environment of the Baltic Sea region or the Convention on the Prevention of Pollution from Ships (art. 54).
This Act consists of 17 Chapters and 2 Appendices: Purpose (1); Oil (2); Liquid substances transported in bulk (3); Substances and materials in packages, containers, etc. (4); Solid substances transported in bulk (5); Ballast water and sediments (5a); Sewage (6); Waste (7); Reception facilities (8); Environmental assessment and Environmental Impact Authorization (EIA) for mariculture located farther thatn 1 nautical mile from the coast (8a); Discharges (9); Other pollution (10); Contingency (11); Reporting, public notification and transmission of information (12); Intervention (13); Monitoring (14); Environmental damage (14a); Administrative provisions and appeals (15); Other provisions (16); Penalties, entry into force and transitional provisions (17).
Appendix 1 - Conditions to be assessed in connection with the processing of an application for permission for discharge (dumping).
Appendix 2 - Substances and materials which may only be present in sludges and in insubstantial amounts and concentrations.
Date of consolidation/reprint
This Act is a consolidated version of Act No. 476 of 30 June 1993.The Act does not apply to Greenland nor to the Faroe Islands.
Source language


Legislation Amendment
Original title
Bekendtg relse af lov om beskyttelse af havmilj et.
Amended by
Implemented by