Section Two:
Environmental
Monitoring and Surveillance, Landscape Planning
Article 12
Environmental Monitoring and
Surveillance
(1)
Environmental monitoring and surveillance is incumbent upon the Federation and
the Federal Laender within the framework of their respective
responsibilities.
(2) It is
the purpose of environmental monitoring to assess, evaluate and validate the
status of the ecosystem and any changes thereof, the consequences of such changes,
impacts on the ecosystem, and the effects of environmental protection measures
on the ecosystem.
(3) In
environmental monitoring and surveillance, the Federal Government and the
Federal Laender shall provide mutual support to one another. They shall
harmonize and coordinate their respective monitoring and surveillance measures
ensuing from paragraph 2 above.
(4) The
legal provisions governing confidentiality and data protection remain
unaffected.
(5) The
Federal Laender may lay down additional rules and regulations to be
applicable within their respective geographical scope.
Article
13
Tasks and Responsibilities of Landscape Planning
(1) It is
the task of landscape planning to set out the requirements and measures of
nature conservation and landscape management for the planning area concerned
and to provide appropriate reasons for the measures planned. Landscape planning
also serves to implement the aims and principles of nature conservation and
landscape management in other plannings and administrative procedures the
resultant decisions of which may have an impact on nature and landscape in the
planning area concerned.
(2) The
Federal Laender shall lay down rules and regulations on landscape planning and
the applicable procedure in conformity with the provisions of Articles 13 to
17.
Article
14
Contents of Landscape Planning
(1) The
requirements and measures of nature conservation and landscape management shall
be set out in landscape programmes (Landschaftsprogramme) or landscape
master plans (Landschaftsrahmenpläne) and in landscape plans (Landschaftspläne).
Such plans shall contain information about:
1. the existing and anticipated status of
nature and landscape
2. the concretized aims and principles of
nature conservation and landscape management
3. the assessment and evaluation of the
existing and anticipated status of nature and landscape on the basis of these
aims and principles, including any resultant conflicts
4. the requirements and measures needed
a) to avoid, reduce or eliminate adverse
effects on nature and landscape
b) to protect, manage or develop certain parts
or components of nature and landscapes in conformity with Section 4, as well as
the biotopes and biocoenoses of wild fauna and flora species
c) in areas which, by virtue of their status,
location or natural development potential are particularly suitable for
prospective measures of nature conservation and landscape management or for the
development of a network of interlinked biotopes
d) to develop and protect the European
ecological network “Natura 2000”
e) to protect, improve the quality of and allow
regeneration of soils, waterbodies, air and climate
f) to preserve and develop the diversity,
characteristic features and beauty of nature and landscapes, also with a view
to fundamental human experience, enjoyment and recreation.
The format
of graphs, legends, maps or similar material from landscape planning shall
allow their inclusion in spatial/ regional plans (‘Raumordnungspläne’)
and building master plans (‘Bauleitpläne’).
(2)
Plannings and administrative procedures shall take account of the contents of
landscape planning. In particular, the contents of landscape planning shall be
taken into consideration in environmental assessments or when assessing
compatibility within the scope of Article 34 paragraph 1. As far as relevant
decisions cannot be geared to the contents of landscape planning, appropriate
reasons shall be provided.
Article 15
Landschaftsprogramme (‘landscape programmes’) and Landschaftsrahmenpläne
(‘landscape master plans’)
(1)
Supra-local requirements and measures of nature conservation and landscape
management shall be set out in Landschaftsprogramme (‘landscape
programmes’) covering the entire territory of a Federal Land, or in Landschaftsrahmenpläne
(‘landscape master plans’), each relating to a specific area of the Federal
Land, to be drawn up for the entire territory of the Federal Land concerned.
Such programmes and plans shall comply with the objectives of spatial planning
and take account of the principles and other requirements of spatial planning.
(2) The
requirements and measures of relevance for spatial/ regional planning referred
to in paragraph (1) above shall, after weighing them against the other plans
and measures envisaged for a given area, be incorporated into the regional
planning programmes (Raumordnungspläne) in conformity with relevant
planning legislation of the Federal Land concerned.
Article 16
Landschaftspläne (‘landscape plans’)
(1) Local
requirements and measures relating to nature conservation and landscape
management shall be set out in detail for the entire area of the Federal Land
concerned in Landschaftspläne (‘landscape plans’) drafted on the basis
of the Landschaftsprogramm (‘landscape programme’) or the
Landschaftsrahmenpläne (‘landscape master plans’). The ‘landscape plans’
shall be updated when any significant changes to landscape are envisaged, or
to be expected. The objectives of spatial planning shall be complied with; the
principles and other requirements of spatial planning shall be taken into
account.
(2) It is
incumbent upon the Federal Laender to rule on the binding character of the Landschaftspläne
(‘landscape plans’), particularly with regard to Bauleitplanung (municipal
development planning). They may rule that contents of ‘landscape plans’ are
included in Bauleitpläne (building master plans) for describing or
stipulating specific features or requirements. They may furthermore provide
that the requirement to prepare a ‘landscape plan’ may be waived for parts of
municipal areas if the predominant use of the respective area is in conformity
with the aims and principles of nature conservation and landscape management
and if this has been assured and established in conformity with the provisions
of relevant planning legislation.
(3) If, in
the Federal Laender of Berlin, Bremen and Hamburg, the local requirements and
measures of nature conservation and landscape management are set out in the Landschaftsprogramm
(‘landscape programme’) or in Landschaftsrahmenpläne (‘landscape
master plans’), these plans shall be deemed to substitute the Landschaftspläne
(‘landscape plans’).
Article
17
Co-operation among the Federal Laender in the Field of Planning
(1) When
preparing programmes and plans pursuant to Articles 15 and 16, the Federal
Laender shall take appropriately into consideration that the implementation of
the aims and principles of nature conservation and landscape management in the
territory of neighbouring Federal Laender and in the Federal Republic of
Germany as a whole, and the interests of nature conservation and landscape
management in neighbouring countries, should not be affected or hampered.
(2) If
planning going beyond the territory of a single Federal Land is necessary in
view of the prevailing natural conditions, the neighbouring Laender concerned,
when drawing up the programmes and plans under Articles 15 and 16, shall
consult with each other to jointly define the requirements and measures for the
area concerned.