Federal Nature Conservation Act

of 25 March 2002 (BGBl. [Federal Law Gazete] I, page 1193)

 

Section One:
General Provisions

Article 1
Aims of Nature Conservation and Landscape Management

In view of their own value and as a human life support, considering also our responsibility towards future generations, nature and landscape both inside and outside the areas of human settlement, shall be conserved, managed, developed and, where necessary, restored, in order to safeguard on a lasting basis

1.     the functioning of the ecosystem and its services,

2.     the regenerative capacity of the natural resources and their sustained availability for human use,

3.     fauna and flora, including their natural habitats and sites,

4.     the diversity, characteristic features and beauty of nature and landscapes, as well as their intrinsic value for human recreation.

Article 2
Principles of Nature Conservation and Landscape Management

(1) Implementation of the aims of nature conservation and landscape management shall be based in particu­lar on the following principles, to the extent this is, in the individual case concerned, necessary for imple­mentation, possible, and appropriate when weighing all requirements and demands arising from the aims and objectives of Article 1 of this Act against one another and against any other community claims vis-à-vis nature and landscapes.

1.     The ecosystem at its delimited spatial scales shall be secured and protected in such a way that the bio­logical functions, material and energy flows of the site in question as well as the characteristic features of the landscape are conserved, developed or restored.

2.     Non-regenerating natural resources shall be used in a rational and sustainable manner. The use of regen­erating natural resources deserves particular attention; they must only be used in such a way that their sustained availability is assured for the future.

3.     Soil resources shall be preserved in a way which allows them to fulfil their relevant tasks and functions in the ecosystem. The natural vegetation and closed natural vegetation covers as well as littoral vegeta­tion shall be secured and protected. In the case of land not used for agricultural, silvicultural or horticul­tural purposes the vegetation cover of which has been removed, the development of appropriately ad­justed site-specific vegetation shall be allowed. Any soil erosion shall be prevented.

4.     Natural, near-natural or semi-natural waters as well as their littoral zones and natural retention areas shall be preserved, developed or restored. Any change in the existing groundwater table that might re­sult in the destruction or lasting impairment of biotopes worthy of protection shall be avoided; any un­avoidable impairment shall be compensated for by appropriate measures. Any water engineering and development measures taken should be geared to preserve natural conditions to the extent possible.

5.     Adverse environmental impacts shall be minimized also by measures of nature conservation and land­scape management; vulnerable components of the ecosystem must not be allowed to suffer any lasting damage.

6.     Adverse impacts on the climate shall be prevented. In this respect, the development of a sustainable energy supply, particularly through increasing use of renewable energy resources, is of particular impor­tance. The protection and improvement of climatic conditions, including local climate, shall also be striven for by measures of nature conservation and landscape management. Forest and other areas with favourable climatic effects as well as local air-exchange pathways shall be preserved, developed or re­stored.

7.     The exploration and extraction of mineral resources, excavation and tipping shall be performed in such a way that any lasting damage to the ecosystem or the destruction of valuable parts and components of landscapes is prevented. Any unavoidable impairments of nature and landscape shall be compensated for or mitigated, in particular by encouraging the natural succession, as well as through restoration to a more natural state (‘re-naturing’), semi-natural landscaping, rehabilitation, land reclamation or re­cultivation.

8.     To safeguard the functioning of the ecosystem and its services, the biological diversity shall be pre­served and developed. Biological diversity includes the diversity of habitats and biocoenoses, the diver­sity of species and genetic diversity at the species-scale.

9.     Wild species of fauna and flora, including their biocoenoses, as an integral part of the ecosystem, shall be preserved in their natural and historically evolved diversity. Their biotopes as well as their other life supports and living conditions shall be conserved and protected, managed, developed or restored.

10.   Within the areas of human settlement, too, still existing natural stocks such as forest stands, hedgerows, baulks and other ecotones, brooks and streamlets, ponds and other ecologically significant smaller land­scape structures shall be preserved and developed.

11.   In view of their significance for the ecosystem and for recreation, non-built-up areas shall be preserved, the individual and overall expanse and the properties and functions of which enable them to fulfill their purpose in this context. Sealed surfaces which are not required any longer shall be restored to a more natural state (‘re-natured’) or, where de-sealing is not possible or excessively expensive, they shall be left to the natural development/ succession.

12.   t the planning stage of stationary plants and structures, transport routes, power lines and similar projects, the natural landscape structures and their characteristic features shall be taken into account. Transport routes, power lines and similar projects are to be combined in such a way that the dissection and con­sumption of landscape are kept at the lowest possible rate.

13.   The diversity, characteristic features and beauty of landscapes shall be preserved also in view of the significance of landscape for fundamental human experience as well as for enjoyment and recreation. Characteristic landscape structures and components shall be preserved or developed. Any impairment of the values of landscape with regard to fundamental human experience, enjoyment and recreation shall be prevented. Appropriately located, suitable areas for recreation shall be safeguarded and protected and, where necessary, managed, appropriately designed or maintained, and kept or rendered accessible. Especially in areas close to human settlements, sufficient space shall be provided for recreation. Within the scope of the fourth sentence above, recreation also includes sporting activities in the open air that are compatible with nature and landscape.

14.   Historic cultural landscapes, or parts thereof, with specifically characteristic features, including those of particular significance for the characteristic features or beauty of cultural, architectural or ground monuments which are already under protection or worthy of protection, shall be preserved.

15.   A general awareness and understanding of the tasks and objectives of nature conservation and landscape management shall be promoted by appropriate means. In the case of measures planned for nature con­servation and landscape management, the early exchange of information with the parties concerned and interested segments of the general public shall be safeguarded.

(2) The Federal Government and the Federal Laender shall support the international efforts made and the implementation of the legal instruments of the European Communities in the field of nature conservation and landscape management. The establishment of the European ecological network “Natura 2000” shall be promoted. Its coherence shall be preserved and also improved via the maintenance, development and man­agement of an interlinked system of biotopes. The conservation status of biotopes of Community interest, and especially of the areas that are part of the “Natura 2000” network, as well as the conservation status of the species of community interest and European bird species, shall be subject to monitoring and surveil­lance. The specific functions and services of sites of Community interest and European bird sanctuaries within the “Natura 2000” network shall be maintained and preserved; they shall be restored to the extent possible in the event of any unavoidable impairments.

(3) The Federal Laender may supplement the above principles and establish additional ones.

Article 3
Network of Interlinked Biotopes (Biotopverbund)

(1) The Federal Laender shall establish a network of interlinked biotopes (Biotopverbund) covering at least 10% of the total area of each Federal Land. The establishment of the network of interlinked biotopes shall be performed by the Federal Laender on an interregional basis. To this end, the Federal Laender shall con­sult with each other.

(2) The network of interlinked biotopes is designed to safeguard on a lasting basis native fauna and flora species and their respective populations, as well as their habitats and biocoenoses, and to preserve, restore and develop functioning ecological interrelationships.

(3) The network of interlinked biotopes consists of core areas (Kernflächen), connecting areas (Ver­bindungsflächen) and connecting elements (Verbindungselemente). The network of interlinked biotopes includes:

1.     designated ‘national parks’ (Nationalparke)

2.     ‘biotopes’ (Biotope) protected under Article 30 of this Act

3.     ‘nature conservation areas’ (Naturschutzgebiete), areas under Article 32 of this Act and ‘biosphere re­serves’ (Biosphärenreservate), or parts of such

4.     areas

5.     other areas and elements, including parts of ‘landscape protection areas’ (Landschaftsschutzgebiete) and ‘nature parks’ (Naturparke) if they are suitable for reaching the aim laid down in paragraph 2 above.

(4) The required core areas, connecting areas and connecting elements shall be legally secured via the des­ignation of appropriate areas pursuant to Article 22 paragraph 1, detailed planning in accordance with the provisions of planning law, long-term arrangements (contractual nature conservation) or other appropriate measures, so as to safeguard an interlinked network of biotopes on a lasting basis.

Article 4
Observance of Aims and Principles

All persons, natural or juridical, shall contribute to the best of their respective abilities to the implementa­tion of the aims and principles of nature conservation and landscape management and conduct themselves in such a way that nature and landscapes will not be impaired beyond what is unavoidable under the respec­tive circumstances.

Article 5
Agriculture, Forestry and Fishing

(1) Measures of nature conservation and landscape management shall take account of the particular signifi­cance of agriculture, forestry and fishing geared to compatibility with nature and landscape for the preserva­tion of cultural landscapes and open space for recreation.

(2) The Federal Laender shall lay down rules and regulations on compensatory measures for utilization re­strictions in the sectors of agriculture, forestry and fishing.

(3) The Federal Laender shall determine a regional minimum density for the continuous linear elements and the circumscribed spots required for the interlinking of biotopes (boundary landscape structures/ ecotones, especially hedgerows and baulks, and ‘stepping-stone’ biotopes), and will take appropriate meas­ures (targets and items fixed under planning law, long-term arrangements, promotional and funding pro­grammes or any other appropriate measures) if the density ascertained is falling short of this minimum and relevant structures and elements of the landscapes concerned need to be established.

(4) In addition to the requirements arising from provisions relating to agriculture and from Article 17 para­graph 2 of the Federal Act on the Conservation of Soils (Bundes-Bodenschutzgesetz), agriculture shall in particular comply with the principles of good agricultural practice outlined in the following:

-      Land used for agriculture must be appropriately managed in accordance with the requirements of the site in question, and the sustained fertility of the soil and long-term usability of the land must be en­sured.

-      Any avoidable impairments of existing biotopes must not be incurred.

-      The landscape components required for the interlinking of biotopes must be preserved and, where possible, increased.

-      Animal husbandry must be in a balanced relationship to cropping; any adverse impacts on the envi­ronment are to be avoided.

-      On erosion-prone slopes, in flood plains, at sites with elevated groundwater table and in boggy loca­tions, farmers shall refrain from ploughing up grassland.

-      The natural features of the land concerned (soil, water, fauna, flora) must not be impaired beyond the extent required to achieve a sustainable yield.

-      Plot-specific recording and documentation of the use of fertilizers and plant protection agents in conformity with pertinent agricultural legislation is required.

(5) When using woodland for silvicultural purposes, the aim shall be pursued to progressively establish near-natural forests and to manage these in a sustainable manner without any clearfelling. A sufficient pro­portion of locally adjusted site-specific forest plants shall be attained.

(6) When utilizing surface waters for fishery purposes, these waters, including their littoral zones, shall be preserved and enhanced as habitats and sites for native species of fauna and flora. Stocking of such waters with non-native species of fauna shall be refrained from in principle. In pisciculture in inland waters and fish ponds any adverse impacts on the native species of fauna and flora shall be confined to what is neces­sary to attain a sustainable yield.

Article 6
Powers and Responsibilities of Public Authorities

(1) Unless stipulated otherwise in other legal provisions, the implementation of this Act and of any legal provisions laid down within the framework and on the basis thereof shall be incumbent upon the authorities responsible for nature conservation and landscape management.

(2) Authorities at the Federal level shall support the implementation of the aims and principles of nature conservation and landscape management within their respective scope of responsibility. They shall inform the authorities responsible for nature conservation and landscape management as early as at the preparatory stages of all public plannings or measures that relate to or may have an impact on interests of nature con­servation and landscape management and give them the opportunity of prior comment.

(3) The Federal Laender shall lay down corresponding legal provisions. They shall also regulate the in­volvement of other authorities in the framework of plannings and measures of the authorities in charge of nature conservation and landscape management. Furthermore the Federal Laender shall lay down rules and regulations requiring representatives of education and training as well as information media to inform their respective audiences at all levels on the significance of nature and landscape and the tasks of nature conser­vation, to arouse a sense of responsibility vis-à-vis nature and landscape and to promote the careful and responsible handling of our natural assets.

Article 7
Publicly–Owned Land

When managing land in public ownership or possession, particular attention shall be given to the aims and principles of nature conservation and landscape management. Land of particular conservation value shall ­to the extent this is appropriate and adequate - not be altered in a way that will adversely affect its ecologi­cal quality and characteristics. The first and second sentences of this Article shall not preclude the imple­mentation of certain purposes of public interest for which the land may have been earmarked.

Article 8
Contractual Arrangements

Federal Laender legislation shall ensure that in the case of measures intended to implement the legal provi­sions laid down within the framework of this Act it is examined whether the intended purpose can also be achieved by means of contractual arrangements. This shall not affect any other responsibilities and powers under this Act of the conservation authorities concerned.

Article 9
Obligation to tolerate

(1) The Federal Laender may provide that owners and authorized users of land are obliged to tolerate meas­ures of nature conservation and landscape management ensuing from legal provisions laid down on the ba­sis of or within the framework of this Act, to the extent this will not unreasonably restrict utilization of the land concerned.

(2) The Federal Laender may lay down more stringent or more extensive rules and regulations.

Article 10
Terms and Definitions

(1) For the purpose of this Act:

1.     ecosystem (Naturhaushalt) meansits elements and components soil, water, air, climate, fauna and flora as well as their complex interrelationships and dynamic interactions;

2.     biotopes (Biotope) means the natural habitats and sites of wild plant and animal species;

3.     biotopes of community interest (Biotope von gemeinschaftlichem Interesse) means the biotopes listed in Annex I of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ EC No L 206, page 7), last amended by Council Directive 97/62/EEC of 27 October 1997 (OJ EC No L 305, page 42);

4.     priority biotopes (prioritäre Biotope) means the biotopes listed in Annex I of Council Directive 92/43/EEC and marked with an asterisk;

5.     Sites of Community Importance (Gebiete von gemeinschaftlicher Bedeutung) means the areas entered in the list referred to in Article 4 paragraph 2 third subparagraph of Council Directive 92/43/EEC, includ­ing areas in this list that have not yet been designated as a protected area pursuant to the provisions of this Act.

6.     European Bird Sanctuaries (Europäische Vogelschutzgebiete) means sites under Article 4 paragraphs 1 and 2 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ EC No L 103, page 1), last amended by Council Directive 97/49/EC of 29 July 1997 (OJ EC No L 223, page 9);

7.     concertation sites (Konzertierungsgebiete) means sites subject to a consultation procedure under Article 5 of Council Directive 92/43/EEC, from initiation of the procedure by the Commission until decision by the Council;

8.     European ecological network “Natura 2000” (Europäisches Ökologisches Netz “Natura 2000”) means the coherent European ecological network “Natura 2000” pursuant to Article 3 of Council Directive 92/43/EEC which consists of the Sites of Community Importance and the European Bird Sanctuaries;

9.     conservation objectives (Erhaltungsziele) means restoring or maintaining at a favourable conservation status

a)     the natural habitat types listed in Annex I of Council Directive 92/43/EEC, and the fauna and flora species listed in Annex II of the Council Directive that occur in a specific Site of Community Im­portance

b)     the bird species listed in Annex I of Council Directive 79/409/EEC and those referred to in Article 4 paragraph 2 of the Council Directive, including their natural habitats, that occur in a European Bird Sanctuary;

10.   protection purpose (Schutzzweck) means the protection purpose arising from provisions on protected areas;

11.   projects (Projekte) means

a)     projects and measures within a Site of Community Importance or within a European Bird Sanctuary, that require a decision taken by an authority, notification to an authority or are carried out by an au­thority;

b)     interventions in nature and landscape within the meaning of Article 18 that require a decision taken by an authority, notification to an authority or are carried out by an authority and

c)     facilities subject to authorization under the Federal Immission Control Act (Bundesimmissionss­chutzgesetz) and water uses requiring a permit or licence under the Federal Water Act (Wasser­haushaltsgesetz);

        if they are likely, either individually or in combination with other projects or plans, to have a significant effect on a Site of Community Importance or on a European Bird Sanctuary, with the exception of pro­jects which are designed directly for the administration of Sites of Community Importance or European Bird Sanctuaries;

12.   plans (Pläne) means plans and decisions from prior procedures, that have to be complied with or taken into account in official decisions, if they are likely, either individually or in combination with other plans or projects, to have a significant effect on a Site of Community Importance or on a European Bird Sanctuary, with the exception of plans which are designed directly for the administration of Sites of Community Importance or European Bird Sanctuaries;

13.   recreation (Erholung) means nature and leisure experiences designed to be compatible with nature and landscape including sporting activities in the countryside that are compatible with nature and landscape which do not hamper the achievement of the other aims and principles of nature conservation and land­scape management.

(2) For the purpose of this Act:

1.     animals/ specimens of fauna species, means

a)     live specimens of wild fauna species in the wild, or that have been captured, or bred in captivity, and which have not become ownerless; dead specimens of wild fauna species

b)     eggs (including already empty eggs), larvae, pupae or specimens of any other forms of the life cycle of wild fauna species

c)     readily recognizable parts of wild fauna species

d)     readily recognizable derivatives of wild fauna species;

2.     plants/ specimens of flora species, means

a)     in-situ specimens of wild flora, artificially propagated or dead specimens of wild flora species

b)     seeds, fruits or any other morphological forms of development of wild flora species

c)     readily recognizable parts of wild flora species

d)     readily recognizable derivatives of wild flora species;

3.     species means any species, subspecies or subpopulation of a species or subspecies; species shall be identified by their scientific names;

4.     population means a biologically differentiated or geographically delimitated set of individuals;

5.     native species means any wild fauna or flora species whose range or regular migratory area partly or completely

a)     is, or at some historical times was, located within the country or

b)     extends into the country naturally;

        wild fauna or flora species shall also be considered native if specimens of the species concerned that became wild, or were introduced through anthropogenic ac­tivities, gave rise to the establishment of a population in the wild, that has survived within the coun­try over several generations without human assistance;

6.     non-native species means any wild species of fauna or flora which does not occur in the wild in the area concerned or has not occurred in the area concerned since more than 100 years;

7.     species of Community interest means the species of fauna and flora referred to in Annexes II, IV or V of Council Directive 92/43/EEC;

8.     priority species means the species of flora and fauna marked with an asterisk in Annex II of Council Directive 92/43/EEC;

9.     European bird species means European indigenous bird species as referred to in Article 1 of Council Directive 79/409/EEC;

10.   specially protected species means

a)     fauna and flora species listed in Annex A or Annex B of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ EC 1997 No L 61, page 1, No L 100, page 72, No L 298, page 70), last amended by Council Regula­tion (EC) No 1579/ 2001 of 1 August 2001 (OJ EC No L 209, page 14) and,

b)     where not already covered by letter a) above,

aa) fauna and flora species listed in Annex IV of Council Directive 92/43/EEC, and

bb) “European bird species”,

c)     fauna and flora species listed in an Ordinance (Rechtsverordnung) pursuant to Article 52 para­graph 1;

11.   strictly protected species means specially protected species listed in

a)     Annex A of Council Regulation (EC) No 338/97,

b)     Annex IV of Council Directive 92/43/EEC,

c)     in an Ordinance (Rechtsverordnung) pursuant to Article 52 paragraph 2;

12.   animals bred means specimens of fauna born, or reproduced otherwise, in a controlled environment and whose parents have been acquired in a lawful manner;

13.   artificially propagated plants means specimens of flora produced under controlled conditions from seeds, tissue cultures, cuttings, division or separation;

14.   to offer means declaring a willingness to sell or to buy; any similar actions, including advertising, ar­ranging for advertising or encouraging others to engage in negotiations for buying or selling;

15.   to circulate means to offer to others, to keep in stock for purposes of provision, to have on sale and to provide to others in any way;

16.   in a lawful manner, means in compliance with the applicable legal provisions for the protection of the species concerned in the respective country, as well as with legal instruments of the European Commu­nities relating to species conservation, and with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), within the framework of their relevant spatial and temporal scope or applicability;

17.   Member State means a country that is a member of the European Union;

18.   third country means a country that is not a member of the European Union;

19.   “zoo” means a permanent facility in which live specimens of wild animal species are kept for exhibition purposes during at least seven days in a year; the following shall not be classified as zoos within the meaning of the first sentence:

a)     circuses

b)     pet shops and

c)     enclosures for keeping not more than five species of native hoofed game under the scope of the Fed­eral Hunting Act or facilities where not more than five specimens of other wild animal species are kept.

(3) Bartering and provision against payment, for the purpose of use or utilization, shall be equivalent to sale within the meaning of this Act.

(4) If the species referred to in paragraph 2 no 10 already enjoyed special protection under the provisions in force until 8 May 1998, the date of placing under protection shall be the date arising from such provisions. This shall apply mutatis mutandis to the species referred to in paragraph 2 no 11, if such species had been termed “threatened with extinction” in accordance with the provisions in force until 8 May 1998.

(5) The terms and definitions of Council Regulation (EC) No 338/97 remain unaffected. Where reference is made, in this Act, to Annexes of Council Regulation (EC) No 338/97, of Council Regulation (EEC) No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the Community and the importation into the Community of pelts and derivatives of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards (OJ EC No L 308, page 1), or to Annexes of Council Directive 92/43/EEC, of Council Directive 79/409/EEC, and of Council Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom (OJ EC No L 91, page 30), last amended by Council Directive 89/370/EEC of 8 June 1989 (OJ EC No L 163, page 37), or where reference is made to provisions of the aforementioned legal instruments in which reference is made to Annexes, such reference shall be to the versions applicable in accordance with relevant publications in the Official Journal, Part L, of the European Communities.

(6) The Federal Ministry for the Environment, Nature Conservation und Nuclear Safety shall publish in the Federal Gazette (Bundesanzeiger)

1.     the sites of Community importance and the European Bird Sanctuaries as well as the ‘concertation ar­eas’ (Konzertierungsgebiete);

2.     the names of specially protected species and strictly protected species, together with the respective date of placing under protection.

Article 11
Provisions concerning Laender Legislation

Except for the provisions in Article 6 paragraph 2, Article 10 paragraph 6, Article 20 paragraph 3, Article 21 and Article 22 paragraph 4 second sentence, Article 33 paragraph 1, second and third sentences, Article 35, first sentence, no 1, and second sentence, Article 36 and Article 37 paragraph 1, Article 38, Article 39 paragraph 2, Articles 42 to 50, Article 52 paragraphs 1 to 8, Articles 53 and 55, Article 57 paragraph 1, Ar­ticles 58 and 59 and Articles 61 to 70, the provisions of the present Act shall constitute framework provi­sions for corresponding legislation by the Federal Laender. Where Federal authorities take decisions on projects within the meaning of Article 10 paragraph 1 no 11 or carry out such projects, Article 34 shall, in derogation of the first sentence above, also apply directly.

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