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.