Law On Nature Conservation And Landscape Management

Original Language Title: Gesetz über Naturschutz und Landschaftspflege

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Nature Conservation and Landscape Maintenance Law (Federal Nature Protection Act-BNatSchG)

Non-official table of contents

BNatSchG

Date of issue: 29.07.2009

Full quote:

"Federal Nature Protection Act of 29 November 2009" July 2009 (BGBl. 2542), as set out in Article 421 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Last modified by Art. 4 (100) G v. 7.8.2013 I 3154
Note:Change by Art. 421 V v. 31.8.2015 I 1474 (No 35) not yet taken into

For details, see the Notes

Footnote

(+ + + text evidence:) for details: 1.3.2010 + + +)

The G was defined as Article 1 of the G v. 29.7.2009 I 2542 of the Bundestag. It occurs gem. Article 27, first sentence, of this G on 1.3.2010 in force. unofficial table of contents

content overview

chapter 1General rules
§ 1Nature protection and landscape conservation objectives
§ 2realization of the Objectives
§ 3responsibilities, tasks and powers, contractual agreements, cooperation of authorities
§ 4Function backup for public space surfaces
§ 5Country, Forst and fishing industry
§ 6Observation of nature and landscape
§ 7
2Landscape
§ 8General Principle
§ 9Tasks and content of landscape planning; empowerment to issue legal orders
§ 10Landscape Programs and Landscape Framework Plans
§ 11Landscape Plans and Greener plans
§ 12Planning countries '
3General protection
of nature and landscape
§ 13General Principle
§ 14 Interventions In Nature and Landscape
§ 15Obligations, inadmissibility of intervention; empowerment for the adoption of Legal Regulations
§ 16Compensation Measures Storage
§ 17 Track; empowerment to issue legal orders
§ 18Relationship to building right
§ 19Damage to certain species and natural
4Protection of certain parts
of Nature and Landscape
Section 1Biotopverbund and Biotope networking;
protected parts of nature and landscape
§ 20General Principles
§ 21Biotopcomposite, biotope networking
§ 22Statement on the protected part of nature and landscape
§ 23Nature conservation areas
§ 24 National Parks, National Natural Monuments
§ 25Biosphere Reserves
§ 26Landscape Protected Areas
§ 27Nature Parks
§ 28Natural Monuments
§ 29Protected Landscape Components
§ 30Stately protected biotopes
2Network "Natura 2000"
§ 31 Construction and protection of the Natura 2000 network
§ 32Protected areas
§ 33General Protection Provisions
§ 34Compatibility and inadmissibility of projects; Exceptions
§ 35Genetically Modified Organisms
§ 36
5 Protection of wild
animal and plant species,
of their habitats and biotopes section 1General rules
§ 37Nature protection tasks
§ 38General regulations for the species, habitats, and biotope
2General species protection
39General protection of wild animals and animals Plants; empowerment for the adoption of legal regulations
§ 40Non-German, Non-Alien And Invasive Species
§ 41Bird protection on power-free lines
§ 42Zoos
§ 43Tiergehege
3Special Species
§ 44 Rules for specially protected and certain other animal and plant species
§ 45Exceptions; empowerment for the adoption of legal regulations
§ 46Post-compliance
§ 47 confiscation
4competent authorities,
Bringing animals and plants
§ 48 Competent Authorities
§ 49Customs involvement; empowerment to issue legal orders
§ 50Notification of registration for import, export and export or transfer from third countries
§ 51 Invertrusion, seizure and confiscation by the customs
5 Information and access rights;
Fees and outlays
§ 52Information and access right
§ 53Fees and outlays; empowerment to the Enactment of legal
6Ermts
§ 54authorizing the adoption of Legal regulations and administrative provisions
§ 55Implementation of Community or international regulations; authorisation to adopt of legal
6Marine Nature
56Geltungs-und Scope
§ 57Protected marine areas in the area of the German exclusive economic zone and the continental shelf; empowerment of the Decree of legal orders
§ 58competent authorities; fees and charges; empowerment to issue legal
7Recovery in nature and landscape
§ 59Entering the free landscape
§ 60Liability
§ 61Free movement of waters and uferous zones
§ 62Provision of
8Participation of trusted
nature conservation associations
§ 63Co-action rights
§ 64
9ownership, Liberation
§ 65Duldobligation
§ 66Pre-purchase
§ 67Liberations
§ 68 Restrictions on ownership; compensation and compensation
10Bußgeld-und penalty
§ 69Bußmonetary rules
§ 70Managing Authority
§ 71Penal rules
§ 71aCriminal rules
§ 72confiscation
§ 73Customs
11Transition-and Transfer
§ 74Transition and Transition

Chapter 1
General Rules

Non-Official Table of Contents

§ 1 Nature Protection Objectives and landscape conservation

(1) Nature and landscape are based on their own value and as a basis for life and health of man, also in responsibility for future generations in the populated and unpopulated area after To protect
1.
biodiversity,
2.
the performance and functionality of the natural budget, including the regenerative capacity and sustainable use of natural goods, as well as
3.
The variety, nature and beauty, as well as the recreation value of nature and landscape
are permanently secured; the protection also includes the care, development and, as far as the restoration of nature and landscape (general principle). (2) In order to ensure a lasting protection of biological diversity, in particular
1.
Viable populations of wild animals and plants, including their habitats, and the exchange between the populations as well as hikes and
2.
To counteract hazards of naturally occurring ecosystems, biotopes, and species,
3.
Living communities and biotopes with their structural and geographical peculiarities in a representative distribution; certain landscape parts should be the natural
(3) In order to permanently secure the performance and functionality of the natural budget,
1.
can be spatially delimited.
To protect parts of its impact structure with regard to the biological functions, substance and energy flows as well as landscape structures; natural goods that do not renew themselves are to be used sparingly and sparingly; renewing themselves Natural goods may only be used in such a way that they are available in the long term,
2.
soil so that they can fulfil their function in the natural household; not more used sealed surfaces are to be renaturated, or, in so far as unsealing is not possible or is not reasonable, to natural development,
3.
Keep marine and inland waters from impairment and maintain their natural self-inability and dynamism; this is particularly true of natural and nature-related Waters including their banks, floodplains and other restraining areas; flood protection must also be carried out by natural or near-natural measures; for the prevention of groundwater protection as well as for a balanced rainfall outflow budget is also to be taken care of by measures of nature conservation and landscape care,
4.
Air and climate also through measures of nature conservation and landscape management to , in particular for areas with favourable air-hygiene or climatic effects such as fresh and cold-air areas or tramways; the establishment of a sustainable energy supply, in particular by increasing The use of renewable energy is of particular importance,
5.
Wild animals and plants, their communities and their biotopes and habitats are also of particular importance in the
6.
The development of self-regulating ecosystems on suitable areas of space and time.
(4) In order to permanently secure the diversity, nature and beauty, as well as the recreational value of nature and landscape, are in particular
1.
Natural landscapes and historically grown cultural landscapes, including with their cultural, building and soil monuments, prior to embezzling, urban sprawl and other impairments
2.
for the purpose of recreation in the open countryside, according to their nature and location, suitable areas above all in the populated and near settlement area
(5) Large-area, largely uncut landscape areas are to be preserved before further cutting. The re-use of already built-up areas as well as the construction of unfinished surfaces in the planted and unplanned inner area, insofar as they are not intended for green areas, takes precedence over the use of open spaces in the outer area. Transport routes, energy lines and similar projects are to be managed, designed and bundled in such a way that the cutting and use of the landscape, as well as adverse effects on the natural balance, are avoided or so low as possible. During the search and recovery of mineral resources, in the case of excavations and spillage, permanent damage to the natural balance and destruction of valuable landscape parts must be avoided; unavoidable impairments of nature and landscape are unavoidable. , in particular by promoting natural succession, renaturation, natural design, re-use or recultivation, or to mitigate it.(6) Free spaces in the populated and settled area, including its components, such as parks, large-scale green spaces and green spaces, forests and forest edges, trees and trees, river and river basins with their riverside areas, and Areas of land, standing waters, natural areas of experience, as well as agricultural and agricultural land, are to be preserved and re-created where they are not sufficiently present.

footnote

§ 1 para. 2 to 6 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 2 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) Non-official table of contents

§ 2 attainment of the objectives

(1) Everyone should be able to achieve the objectives of the Natural and landscape conservation, and behave in such a way that nature and landscape can no longer be unavoidably affected as a result of the circumstances.(2) The authorities of the Federal Government and the Länder shall, within the limits of their competence, support the achievement of the objectives of nature protection and of the maintenance of the countryside.(3) The objectives of nature conservation and the maintenance of the countryside must be achieved, insofar as it is possible in individual cases, necessary and in consideration of all the requirements arising from § 1 (1) above, and against the other requirements of the Generality of nature and landscape is appropriate.(4) In the management of land in the ownership or ownership of the public sector, the objectives of nature conservation and the maintenance of the countryside should be taken into account in a special way.(5) European efforts in the field of nature conservation and landscape conservation are supported, in particular, by the establishment and protection of the Natura 2000 network. International efforts in the field of nature conservation and the maintenance of the countryside are being undertaken, in particular, by the protection of the cultural and natural heritage within the meaning of the Convention of 16 June 2000 on the protection of natural and natural heritage. November 1972 for the protection of the world's cultural and natural heritage (BGBl. 1977 II p. 213, 215).(6) The general understanding of the objectives of nature conservation and the maintenance of the countryside should be promoted by appropriate means. Educating, educating and educating people at all levels on the importance of nature and landscape, on their management and use, as well as on the tasks of nature conservation and landscape conservation, and raise awareness for a responsible approach to nature and landscape.

Footnote

§ 1 para. 4 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 1 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) unofficial table of contents

§ 3 responsibilities, tasks and powers, contractual agreements, cooperation between authorities

(1) For the purposes of this law, the authorities responsible for nature conservation and landscape conservation are
1.
responsible for nature conservation and landscape conservation. Authorities or
2.
the Federal Agency for Nature Conservation, to the extent that responsibilities are assigned to it under this law.
(2) The Federal Agency for Nature Conservation and Nature Conservation Competent authorities shall monitor compliance with the provisions of this Act and the provisions adopted pursuant to this Act and shall, at the discretion of the competent authorities, take the necessary measures in each case to ensure that they are complied with shall ensure, as far as nothing else is determined.(3) In the case of measures relating to nature conservation and the maintenance of the countryside, it is to be examined as a matter of priority whether the purpose can also be achieved by means of contractual agreements at reasonable cost.(4) With the implementation of landscape and design measures, the competent authorities should, where possible, include agricultural and forestry undertakings, associations in which municipalities or associations of municipalities, farmers and associations, In particular, the aim is to promote the objectives of nature conservation and the maintenance of the countryside on an equal footing (landscape associations), to designate recognised nature conservation associations or to carry out natural parks. Sovereign powers cannot be transferred.(5) The authorities of the federal and state governments already have the authorities responsible for nature conservation and landscape management in the preparation of all public planning and measures affecting the interests of nature conservation and the maintenance of the landscape shall be able to inform and give them the opportunity to submit their comments, unless a further form of participation is provided for. The obligation to participate in accordance with the provisions of the first sentence shall apply to the authorities responsible for nature conservation and the maintenance of the countryside, in so far as the planning and measures of nature conservation and the maintenance of the countryside may affect the responsibilities of other authorities.(6) The authorities responsible for nature conservation and the administration of the countryside ensure an early exchange with interested parties and the interested public about their plans and measures.(7) In accordance with this Act, tasks are to be carried out by a municipality or a community association only if the municipality or the municipal association has been assigned the tasks by national law.

Footnote

§ 3 para. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 2 para. 6 of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 3 para. 3 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 3 (1) sentence 1 of the Hessian Execution Act Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 3 para. 3 idF d. G v. 29.7.2009 I 2542: Saxony-deviation by § 2a of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 3 para. 4 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 5 (2) of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) Non-official table of contents

§ 4 Functional protection for land for public purposes

In the case of measures of nature conservation and the Landscape maintenance is on land exclusively or primarily for purposes
1.
of the defence, including the fulfilment of international obligations and the Protection of the civilian population,
2.
of the Federal Police,
3.
of public transport as public transport routes,
4.
sea or inland waterway transport,
5.
the supply, including areas declared to be in need of protection, and disposal,
6.
protection against flooding by floods or
7.
of telecommunications
, or are designated in a binding plan for the purposes mentioned, to ensure proper use. The objectives of nature conservation and the maintenance of the countryside must be taken into account. Non-official table of contents

§ 5 Agriculture, forestry and fishing industry

(1) In the case of measures relating to nature conservation and the maintenance of the landscape, the special To take into account the importance of a natural and landscape-compatible agriculture, forestry and fishing industry for the preservation of the cultural and recreational landscape.(2) In addition to the requirements arising from the regulations in force for agriculture and § 17 (2) of the Federal Soil Protection Act, in particular the following principles of good professional use shall be used for agricultural use. Practice:
1.
The management must be site-adjusted and the sustainable soil fertility and long term usability of the land must be
2.
The natural equipping of the useful area (soil, water, flora, fauna) must not exceed what is required to achieve a sustainable yield
3.
The landscape elements required for the cross-linking of biotopes are to be preserved and, if possible, to be obtained
4.
The animal husbandry has to be in a balanced relation to the plant construction and harmful environmental impacts are to be avoided;
5.
on erosion-prone slopes, in floodplains, at sites with high ground water levels, as well as on moorland sites, a grassland break is to be subdued;
6.
The use of fertilizers and plant protection products must be carried out in accordance with the agricultural law; a documentation on the use of fertilisers is based on the following: § 7 of the Fertiliser Ordinance, as amended by the 27. February 2007 (BGBl. 221), as last amended by Article 18 of the Law of 31 December 1991. July 2009 (BGBl. 2585), as well as documentation on the use of plant protection products, must be carried out in accordance with the second sentence of Article 67 (1) of Regulation (EC) No 1107/2009.
(3) The aim is to develop natural forests and to manage them sustainably without any clearcuts. A sufficient proportion of plant-based forest plants must be observed.(4) In the fishing exploitation of the above-ground waters, these waters, including their shores, are to be preserved and promoted as habitats and habitats for native animal and plant species. The collection of these waters with non-native animal species is to be reduced in principle. In the case of fish farms and pond economies in the inland fisheries sector, adverse effects on domestic animal and plant species must be limited to the extent necessary to achieve a sustainable yield.

footnote

§ 5 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 2b of the Bavarian Nature Conservation Act (BayNatSchG), this idF d. Article 78 (8) of the Bayerische Wassergesetz (Bayerische Wassergesetz, BayWG) v. 25.2.2010 GVBL p. 66, BayRS 753-1-UG, mWv 1.3.2010 to 29.2.2012 (cf. BGBl. I 2010, 275); departure. by the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-U mWv 1.3.2011 (cf. BGBl. I 2015, 152)
§ 5 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 3 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 5 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 3 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 5 para. 2 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 3 of the Hamburgische Gesetz zur Execution des Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 5 para. 2 no. 6 last half-sentence idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 3 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 5 paragraph 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 3 para. 3 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 5 para. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 3 (4) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Non-official table of contents

§ 6 Observation of nature and landscape

(1) The federal government and the countries observe within the framework of their Responsibilities Nature and landscape (general principle). (2) The observation serves for the targeted and ongoing identification, description and evaluation of the state of nature and landscape and its changes, including the causes and Consequences of these changes.(3) Observation includes, in particular,
1.
the state of landscapes, biotopes and ways to meet obligations under international law,
2.
the conservation status of the natural habitat types and species of Community interest, including the accidental catch or killing of the animal species listed in Annex IV Point (a) of Council Directive 92 /43/EEC of 21 June 1992. May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 327, 28.5.1992, p. 7), as last amended by Directive 2006 /105/EC (OJ L 206, 22.7.2006, p. 368), as well as the European bird species and their habitats, taking particular account of the priority natural habitat types and priority species,
3.
the state of the others in Table 1 of Annex III to Directive 2008 /56/EC of the European Parliament and of the Council of 17. 1 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 327, 28.8.2008, p. 19) and other biological characteristics.
(4) The competent authorities of the federal and state governments support themselves in the monitoring process. They are to coordinate their monitoring activities.(5) The Federal Agency for Nature Conservation shall carry out the tasks of the Federal Government in the field of observation of nature and landscape, unless otherwise provided for in legislation.(6) Legislation on secrecy, on the protection of personal data and on the protection of operational and trade secrets shall remain unaffected. Non-official table of contents

§ 7 Definitions

(1) The following definitions apply to this law:
1.
Biological diversity of animal and plant species, including the inner diversity of the species , as well as the diversity of forms of communities and biotopes;
2.
Natural resources soil, water, air, climate, animals and plants, as well as the impact structure of natural resources between them;
3.
Natural and recreational life designed for recreation and recreation, including natural and landscape-friendly sportsmen Exercise in the open countryside, insofar as this does not affect the other objectives of nature conservation and landscape management;
4.
Natural Habitat types of Community interest included in habitat types listed in Annex I to Directive 92/43/EEC;
5.
Priority natural habitat types in Annex I to Directive 92 /43/EEC Annex I to Directive 92/43/EEC with a sign (*) of habitat types marked (*);
6.
Areas of Community importance included in the list referred to in Article 4 (2) the third subparagraph of Directive 92/43/EEC, even where protection within the meaning of Article 32 (2) to (4) is not yet ensured;
7.
European Protected bird areas within the meaning of Article 4 (1) and (2) of Directive 2009 /147/EC of the European Parliament and of the Council of 30 June 2009 on the protection of birds and birds of the European Union on the conservation of wild birds (OJ L 327, 22.12.2009, p. 7), if protection is already guaranteed within the meaning of Section 32 (2) to (4);
8.
Natura 2000 sites of Community importance; and European Bird Protection Areas;
9.
Target of conservation objectives, with a view to the maintenance or restoration of a favourable conservation status of a natural the habitat type of Community interest, a Natura 2000 site species listed in Annex II to Directive 92/43/EEC or in Article 4 (2) or Annex I to Directive 2009 /147/EC;
10.
favourable conservation status within the meaning of Article 1 (e) and (i) of Directive 92/43/EEC and of Article 2 (4) of Directive 2004 /35/EC of the European Parliament and of the Council of 21 Environmental liability with regard to the prevention and remedying of environmental damage (OJ L 327, 22.4.2004, p. 56), which was last amended by Directive 2009 /31/EC (OJ L 327, 30.12.2009, p. 114).
(2) The following additional definitions apply to this Act:
1.
Animals
a)
wild, captured, or farmed and dead animals of wild species,
b)
Eggs, even in the empty state, as well as larvae, puppets and other forms of development of Animals of wild species,
c)
without any recognizable parts of animals of wild species, and
d)
without further recognizable products derived from animals of wild species;
2.
Plants
a)
Wild living, wild-based plants, and dead wild plants, wild Species,
b)
Seeds, fruits, or other forms of plant development of wild species,
c)
without further recognizable parts of plants of wild species and
d)
can be seen without further ado Plants derived from wild species;
as plants within the meaning of this law, lichens and fungi are also applicable;
3.
species of species, subspecies or species Sub-population of a species or subspecies; for the purposes of determining a species, its scientific designation is authoritative;
4.
habitat of a community of biotopes wild live animals and plants;
5.
The place of life of the wild individuals of a species;
6.
Populationa biologically or geographically delimited number of individuals of a kind;
7.
native Species of a wild animal or plant species which have their distribution area or regular migratory area wholly or partly
a)
domesically has or had historically or
b)
natural way to the domestic ,
as a native species, a wild animal or plant species shall also be considered when wild animals or plants of the species or plants of the species in question, which have been naturalised or naturalised by human influence, are in free nature and without human assistance, receive several generations as a population;
8.
alien species of wild animal or plant species, if they are not in the area in question in the wild, or for more than 100 years;
9.
invasive species, whose occurrence outside of their natural distribution area is naturally occurring for the naturally occurring species. Ecosystems, biotopes or species are a significant hazard potential;
10.
Species of Community interest listed in Annex II, IV or V of the Directive 92 /43/EEC);
11.
species of priority species listed in Annex II to Directive 92 /43/EEC with the character (*) of the species (*), and Plant species;
12.
European bird species in Europe naturally occurring bird species within the meaning of Article 1 of Directive 2009 /147/EC;
13.
specially protected types
a)
Tier- and plant species listed in Annex A or Annex B to Council Regulation (EC) No 338/97 of 9 June 1997. 1 December 1996 on the protection of species of wild fauna and flora by monitoring trade (OJ L 327, 28.12.1996, p. OJ L 61, 3.3.1997, p. 1, L 100, 17.4.1997, p. 72, L 298, 1.11.1997, p. 70, L 113, 27.4.2006, p. 26), as last amended by Regulation (EC) No 709/2010 (OJ L 327, 22.12.2010, p. 1), as amended,
b)
not referred to in point (a)
aa)
animal and plant species listed in Annex IV to Directive 92/43/EEC,
bb)
European bird species,
c)
Animal and plant species, which are contained in a legal regulation according to § 54 referred to in paragraph 1
14.
strictly protected species of species protected by species, which are
a)
in Appendix A of Regulation (EC) No 338/97,
b)
in Annex IV to Directive 92 /43/EEC,
c)
in a legal regulation pursuant to § 54 paragraph 2
15.
cultured animal animals born or otherwise produced in a controlled environment and whose parent animals are legally acquired ;
16.
artificially propagated plant plants used in seeds, tissue cultures, cuttings or subdivisions under controlled conditions ,
17.
A declaration of readiness for sale or purchase and similar acts, including advertising, advertising or advertising, or the advertising of the advertising or advertising Call for sale or purchase negotiations;
18.
Offer on the market, hold on to the delivery, hold, and give each other to others;
19.
legally in accordance with the applicable legislation for the protection of the species in question in the respective State and with European Community legislation on the Area of species protection and the Convention of 3. March 1973 on the International Trade in Endangered Species of Wild Fauna and Flora (BGBl. 773, 777)-Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora-within the framework of their respective territorial and temporal applicability or applicability;
20.
Member States, which is a member of the European Union;
21.
Third State State, which is not a member of the European Union.
(3) As far as this law is concerned, the annexes of
1.
Regulation (EC) No 338/97,
2.
Council Regulation (EEC) No 3254/91 of 4 June 1991. The Council adopted a resolution on the prohibition of leghold traps in the Community and imports of fur and goods from certain wild animal species from countries which do not use fishing methods for leghold traps or international humane trapping standards (OJ L 327, 22.12.1991, p. 1),
3.
Directives 92/43/EEC and 2009 /147/EC,
4.
Directive 83 /129/EEC of the Council of 28 1 March 1983 on imports into the Member States of skins of certain young seals and products thereof (OJ L 327, 30.4.1983, p. 30), as last amended by Directive 89 /370/EEC (OJ L 175, 5.7.1989, p. 37
, orrefer to the provisions of the said acts, which refer to the Annexes, the Annexes are in each case covered by the publications in the Official Journal L der European Union as a whole.(4) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety announcates the particularly protected species and the strictly protected species as well as the time of their respective underprotection positions.(5) Particularly protected species already exist on the basis of the up to the 8. The provisions of this Regulation, which were in force in May 1998, shall be deemed to be the date of the under-protection of the person resulting from those provisions. The same applies to the strictly protected species, as far as they are in accordance with the provisions of the 8.

article 7 (1

(8) of the idF (d), which was in force in May 1998, was deemed to be threatened with extinction. G v. 29.7.2009 I 2542: Hessen-Deviation by § 14 para. 1 sentence 1 of the Hessian Execution Act to the Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)

Chapter 2
Landscape Planning

Non-official table of contents

§ 8 General Principle

The objectives of nature conservation and the maintenance of the countryside are concretised locally and locally as a basis of precautionary action in the context of landscape planning, and the requirements and measures for achieving these objectives and justifies it. Non-official table of contents

§ 9 Tasks and content of landscape planning; authorization to enact legal regulations

(1) Landscape planning Has the task of specifying the objectives of nature conservation and the maintenance of the countryside for the respective planning area, and also to identify the requirements and measures for the implementation of these objectives for planning and administrative procedures; whose decisions can have an impact on nature and landscape in the planning space.(2) The contents of the landscape planning are the presentation and justification of the concrete objectives of nature conservation and the maintenance of the landscape and of the requirements and measures which serve to achieve them. Presentation and justification shall be made in accordance with § § 10 and 11 in landscape programmes, landscape framework plans, landscape plans and land-use plans.(3) The plans should contain information about
1.
the existing and expected state of nature and landscape,
2.
the concrete goals of nature conservation and landscape maintenance,
3.
the assessment of the Existing and expected state of nature and landscape in accordance with these objectives, including the resulting conflicts,
4.
the requirements and Measures for the implementation of the concrete objectives of nature conservation and landscape management, in particular
a)
to prevent, reduce or eliminate Impairment of nature and landscape,
b)
for the protection of certain parts of nature and landscape within the meaning of Chapter 4 as well as of biotopes, communities, and Habitats of animals and plants of wild species,
c)
on land which, because of its condition, location or natural development potential, for future Measures of nature conservation and landscape management, in particular for the compensation of interventions in nature and landscape, as well as for the use of natural and landscape-related funds, are particularly suitable,
d)
to build and protect a biotope network, biotope network, and the Natura 2000 network,
e)
Protection, quality improvement and regeneration of soils, waters, air and climate,
f)
on the conservation and development of diversity, peculiarness and beauty, and of the recreational value of nature and landscape,
g)
for the conservation and development of open spaces in the populated and unpopulated area.
The feasibility of the representations of the landscape planning for the spatial planning plans and the building control plans is to be taken into account. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, with the consent of the Federal Council, to regulate the plan characters to be used for the presentation of the contents by means of a legal regulation.(4) Landscape planning shall be updated as soon as and to the extent necessary with regard to requirements and measures within the meaning of paragraph 3, first sentence, point 4, in particular because substantial changes in nature and landscape are required in the Planning space has occurred, planned or expected. The update may be carried out as a factual or spatial sub-plan, provided that the circumstances in which the update is based are objective, factual or spatially limited.(5) Planning and administrative procedures shall take account of the content of the landscape planning process. In particular, the contents of the landscape planning are for the assessment of environmental compatibility and compatibility within the meaning of § 34 (1) of this Act as well as in the preparation of the measures of measures within the meaning of § § 45h and 82 of the Water budget law to be used. To the extent that the contents of the landscape planning cannot be taken into account in the decisions, this is to be justified.

Footnote

§ 9 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by § 7 of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 9 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Non-official table of contents

§ 10 Landscape Programmes and Landscape Framework Plans

(1) The local concretised objectives, Requirements and measures of nature conservation and landscape management are presented for the area of a country in the landscape programme, or for parts of the country in landscape framework plans. The objectives of spatial planning must be taken into account; the principles and other requirements of spatial planning must be taken into account.(2) Landscape programmes may be drawn up. Landscape framework plans shall be drawn up for all parts of the country, unless a landscape programme corresponds to its contents and its degree of concretization in accordance with a landscape framework plan.(3) The concrete objectives, requirements and measures of nature conservation and the maintenance of the landscape are, in so far as they are significant, to be taken into consideration in the consideration in accordance with Article 7 (2) of the Spatial Planning Act.(4) The responsibility, the procedure for drawing up and the relationship between landscape programmes and landscape plans for spatial planning are governed by the law of the country.

Footnote

§ 10 para. 1 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 6 (1) sentence 1 of the Hessian Execution Act Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 10 para. 1 sentence 1 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 11 para. 1 of the Nature Protection Execution Act (NatSchAG) M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 10 para. 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 11 para. 1 of the Nature Protection Execution Act (NatSchAG) M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 10 para. 2 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 6 (1) sentence 1 of the Hessian Execution Act Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 10 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 6 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 10 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 10 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 5 (2) sentence 2 of the Nature Conservation Act Sachsen-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30) unofficial table of contents

§ 11 Landscape plans and plans for the development of plans

(1) The objectives defined for the local level are: Requirements and measures of nature protection and landscape management are presented on the basis of the landscape framework plans for the areas of the municipalities in landscape plans, for parts of a community area in green order plans. The objectives of spatial planning must be taken into account; the principles and other requirements of spatial planning must be taken into account. The plans shall contain the information referred to in Article 9 (3), insofar as this is necessary for the presentation of the objectives, requirements and measures specified for the local level. Different regulations of the Länder concerning the content of Landscape and Green Regulation plans as well as provisions for their legal binding remain unaffected.(2) Landscape plans shall be drawn up as soon as and to the extent necessary with regard to requirements and measures within the meaning of Article 9 (3), first sentence, point 4, in particular because substantial changes to nature and landscape in the planning area entered, provided for or expected. Draft plans may be drawn up.(3) The objectives, requirements and measures of nature protection and landscape management in the Landscape Plans for the local level shall be taken into account in the weighing in accordance with Article 1 (7) of the Construction Code and may be considered as Representations or compositions according to § § 5 and 9 of the Construction Code are included in the building control plans.(4) In the countries of Berlin, Bremen and Hamburg the local requirements and measures of nature conservation and landscape management are presented in landscape framework plans or landscape programmes, these are the substitute for the landscape plans.(5) The responsibility and the procedure for drawing up the landscape plans and the plans for the development of their plans, as well as their implementation, shall be governed by national law.

Footnote

§ 11 para. 1 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by Section 9 (1) of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 11 para. 1 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 (1) and § 7 (1) of the Land Nature Protection Act (Landesnaturschutzgesetz-LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 11 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 11 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 (1) and § 7 (1) of the Land Nature Protection Act (Landesnaturschutzgesetz-LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 11 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 4 (2) sentence 2 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 11 para. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 7 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) unofficial table of contents

§ 12 cooperation of countries in planning

When drawing up and updating programmes and Plans in accordance with § § 10 and 11 for areas bordering on other countries must be taken into account in their respective programmes and plans. As far as this is necessary, the countries coordinate with each other.

Chapter 3
General protection of nature and landscape

unofficial table of contents

§ 13 general principle

Significant impairments of nature and landscape are to be avoided as a matter of priority by the polluter. Unavoidable significant impairments are to be compensated for by compensation or replacement measures or, where this is not possible, by a replacement in money. Non-official table of contents

§ 14 interventions in nature and landscape

(1) interventions in nature and landscape within the meaning of this law are changes the form or use of land or changes in the ground water level associated with the invigorated soil layer, which significantly impair the performance and functionality of the natural or landscape .(2) Land, forestry and fisheries land use shall not be regarded as an intervention, taking into account the objectives of nature conservation and of the maintenance of the countryside. The land, forestry and fishing land use is in accordance with the requirements of § 5 (2) to (4) of this Act as well as the provisions of Article 17 (2) of the Federal Soil Protection Act and the law of the Land, Forst and Fisheries management requirements for good professional practice, it usually does not contradicts the objectives of nature conservation and the maintenance of the countryside.(3) The resumption of land, forestry and fishing land use shall not be considered as an intervention if it was temporarily restricted or interrupted
1.
Reason for contractual agreements or due to participation in public programmes for management restriction and if resumption within ten years after the end of the restriction or interruption
2.
due to the implementation of early compensation measures, but the early measure is not used for compensation

Footnote

§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 5 of the Niedersächsische Execution Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 6 para. 1 u. 2 of the Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Berlin deviation by § 16 of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by Section 6 (1) of the Land Nature Protection Act (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569, as amended by the law of 15.1.2015 GVBl LSA p. 21, mWv 22.1.2015 (cf. BGBl. I 2015, 183)
§ 14 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 8 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 14 para. 2 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 6 (4) of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 14 para. 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 6 of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 14 para. 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by Section 6 (2) of the Land Nature Protection Act (Landesnaturschutzgesetz) (LNatSchG) v. 10.12.2010 GVBl. LSA p. 569, as amended by the law of 15.1.2015 GVBl LSA p. 21, mWv 22.1.2015 (cf. BGBl. I 2015, 183)
§ 14 para. 3 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 6 (5) and Article 8 (1) sentence 2 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 14 para. 3 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 6 para. 1 u. 2 of the Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) Unofficial table of contents

§ 15 Obligations of the polluter, inadmissibility of interventions; authorisation to enact legal orders

(1) The polluter of an intervention is obliged to refrain from any avoidable impairments of nature and landscape. Impairments are preventable if reasonable alternatives are given to the intended purpose in the same place without or with minor impairments of nature and landscape. To the extent that impairments cannot be avoided, this is to be justified.(2) The polluter is obliged to compensate for unavoidable impairments by means of measures of nature protection and the maintenance of the landscape (compensatory measures) or to replace (replacement measures). An impairment is an impairment if and as soon as the impaired functions of the natural household are restored in a similar way and the landscape image is restored or re-designed in a landscape-appropriate manner. An impairment is replaced if and as soon as the impaired functions of the natural household in the affected natural area are produced in an equivalent manner and the landscape image is redesigned in a landscape-appropriate manner. Definition of development and recovery measures for areas within the meaning of § 20 (2) (1) to (4) and in management plans according to § 32 (5), of measures pursuant to § 34 (5) and § 44 (5) sentence 3 of this Act as well as of Measures in programmes of measures within the meaning of Section 82 of the Water Resources Act do not prevent the recognition of such measures as compensation and replacement measures. In determining the nature and extent of the compensation and replacement measures, the programmes and plans shall be taken into account in accordance with § § 10 and 11.(3) The use of land or forestry areas for compensation and replacement measures should be taken into account in agricultural matters, and in particular land which is particularly suitable for agricultural use is only to the necessary extent. It should be examined as a matter of priority whether the compensation or replacement should also be carried out by means of unsealing measures, by means of measures for the re-networking of habitats or by management or care measures, which take account of the permanent revaluation of the natural environment, or of the landscape image can be provided in order to avoid as much as possible that areas are taken out of use.(4) Compensation and replacement measures shall be maintained and legally secured in the respective period required. The entertainment period shall be determined by the competent authority in the letter of admission. Responsible for the execution, maintenance and safeguarding of the compensation and replacement measures is the polluter or its successor.(5) An intervention shall not be allowed or carried out if the adverse effects are not to be avoided or not to be compensated or replaced within a reasonable period of time, and if the concerns of nature conservation and the maintenance of the landscape at the time of the Consideration of all requirements for nature and landscape of other aspects in the range.(6) Where an intervention is authorised or carried out in accordance with paragraph 5, even though the adverse effects are not to be avoided or are not to be compensated or replaced within a reasonable period, the polluter shall have to pay the replacement in cash. The replacement payment shall be based on the average cost of the unenforceable compensation and replacement measures, including the necessary average cost of their planning and maintenance, and the provision of land under Inclusion of staff and other administrative costs. If these cannot be determined, the replacement payment shall be measured according to the duration and severity of the intervention, taking into account the advantages of the polluter. The replacement payment shall be determined by the competent authority in the letter of acceptance or, if the intervention is carried out by an authority, prior to the implementation of the intervention. Payment shall be made before the implementation of the intervention. It is possible to set a different date for the payment, in which case a security benefit is to be required. The replacement payment shall be used for measures of nature conservation and the maintenance of the countryside, if possible in the natural area concerned, for which there is not already a legal obligation under other provisions.(7) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry for Transport, Building and Urban Development, by Legal regulation with the consent of the Federal Council to regulate the compensation of interventions, in particular
1.
on the content, type and scope of compensation and Replacement measures, including anti-sealing measures, re-networking of habitats and management and care, and setting standards in this respect, in particular for comparable types of intervention,
2.
the amount of the replacement payment and the procedure for its collection.
As long as and as far as the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety from its empowerment does not make use of it, the further details of the compensation for interventions under national law shall be determined in so far as this does not conflict with the preceding paragraphs.

footnote

§ 15 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by Section 17 of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 15 para. 2 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 6 (3) of the Hamburg Law on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 15 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 1 of the Landesnaturschutzgesetz (LNatschG) Landesnaturschutzgesetz-LNatschG) v. 24.2.2010 GVOBl. Schl. -H. 301, ber. 486), idF d. Art. 2 (1) (a) (a) G v. 13.7.2011 GVOBl. Schl. -H. 225 mWv 29.7.2011 (cf. BGBl. I 2011, 1979)
§ 15 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 7 para. 1 sentence 1 of the Hessian Execution Act to the Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 15 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Saxony-deviation by § 9 para. 3 sentence 1 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 15 para. 2 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 6 No. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 15 para. 2 sentence 3 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 7 (2) sentence 1 and 2 of the Hessian Implementing Act to the Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 15 para. 3 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 3 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 15 para. 4 sentence 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 7 (2) of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 15 para. 5 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 2 of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 15 para. 6 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 1 of the Landesnaturschutzgesetz (LNatschG) Landesnaturschutzgesetz-LNatschG) v. 24.2.2010 GVOBl. Schl. -H. 301, ber. 486), idF d. Art. 2 (1) (a) (a) G v. 13.7.2011 GVOBl. Schl. -H. 225 mWv 29.7.2011 (cf. BGBl. I 2011, 1979)
§ 15 (6) sentence 2 and 3 idF d. G v. 29.7.2009 I 2542: Saxony-deviation by § 9 para. 4 sentence 2 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 15 para. 6 sentence 3 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 6 (1) sentence 1 of the Niedersächsische Execution Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 15 para. 6 sentence 7 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 9 para. 5 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 15 para. 6 sentence 7 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 6 (1) sentence 2 of the Niedersächsische Execution Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 15 para. 7 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 8 (3) of the Bavarian Nature Conservation Act (BayNatSchG) 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 15 para. 7 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 6 para. 2 of the Lower Saxony Implementing Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 15 para. 7 sentence 1 no. 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 8 of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30) Non-official table of contents

§ 16 Compensation of compensatory measures

(1) Measures of nature conservation and landscape management, which are With regard to expected interventions, it is necessary to recognise as compensation or replacement measures, as far as
1.
the requirements of § 15 (2)
2.
they have been carried out without a legal obligation,
3.
no public funds,
4.
they do not contradict programs and plans in accordance with § § 10 and 11 and
5.
a documentation of the initial state of the surfaces; rules of the countries to meet the requirements for documentation remain unaffected.
(2) The storage of early compensation and replacement measures by means of eco-accounts, area pools or other measures, in particular the collection, evaluation or booking of advance compensation and replacement measures in eco-accounts, the need for authorisation and Traderability as well as the transfer of responsibility pursuant to Section 15 (4) to third parties carrying out early compensation and replacement measures is governed by national law.

footnote

§ 16 para. 1 no. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 7 (2) of the Land Nature Protection Act (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569, as amended by the law of 15.1.2015 GVBl LSA p. 21, mWv 22.1.2015 (cf. BGBl. I 2015, 183) Non-official table of contents

§ 17 Procedure; authorization to issue legal orders

(1) Need for intervention by others In the case of an official authorisation or notification to an authority or carried out by a public authority, that authority shall, at the same time, take the decisions and measures required for the implementation of Article 15 in consultation with the for nature conservation and the administration of the countryside, unless a further form of participation is required under federal or national law or the competent authority responsible for nature conservation and the maintenance of the countryside itself decides.(2) The competent authority of the federal government shall decide whether to deviate from the opinion of the authority responsible for nature protection and the administration of the landscape in the case of interventions which are approved or carried out by federal authorities. in consultation with the Supreme State Agency for Nature Conservation and Landscape Management, unless a further form of participation is provided for.(3) For an intervention not carried out by an authority which does not require official authorisation or notification in accordance with other legislation, authorisation of the authority responsible for nature conservation and the maintenance of the countryside shall be subject to the following conditions: is required. The authorisation shall be requested in writing. The approval shall be granted if the requirements of § 15 are fulfilled. The competent authority responsible for nature conservation and the maintenance of the countryside meets the decisions and measures required for the implementation of Section 15.(4) In order to prepare the decisions and measures for the implementation of § 15, the originator of an intervention must make the necessary information necessary for the assessment of the intervention in a manner appropriate to the nature and extent of the intervention, In particular,
1.
Location, type, scope, and timing of the intervention, as well as
2.
the measures provided for in order to avoid, compensate for and replace the adverse effects on nature and landscape, including information on the actual and legal availability of the areas required for compensation and replacement.
the competent authority may require the submission of opinions to the extent necessary to assess the effects of the intervention and of the compensation and replacement measures. In the case of an intervention which is to be carried out on the basis of a professional plan provided for under public law, the planning institution shall have the necessary information in accordance with the first sentence in the technical plan or in a landscape-based accompanying plan in text and map. . This should also include information on the measures required to secure the link between the Natura 2000 network and the measures required under section 34 (5) and the compensatory measures referred to in Article 44 (5), provided that these rules are applicable to the project of concern . The accompanying plan shall be included in the technical plan.(5) The competent authority may require the performance of a security up to the level of the estimated costs of the compensation or replacement measures, to the extent that this is necessary to ensure the fulfilment of the obligations under section 15. § § 232 to 240 of the Civil Code shall be applied to security services.(6) The compensation and replacement measures and the areas to be used for this purpose shall be recorded in a compensation register. To that end, the competent authorities referred to in paragraphs 1 and 3 shall provide the necessary information to the body responsible for the management of the compensation register.The competent authority referred to in paragraph 1 or paragraph 3 shall examine the time-limit and appropriate implementation of the avoidance and compensation measures, including the necessary maintenance measures, as well as the necessary compensation. To this end, it may require the originator of the intervention to submit a report.(8) If an intervention is carried out without the necessary authorisation or notification, the competent authority shall prohibit the further implementation of the intervention. Unless a lawful condition can be established in any other way, it shall order either measures according to § 15 or the restoration of the former condition. § 19 (4) must be observed.(9) The competent authority shall be notified of the termination or interruption of an intervention lasting longer than one year. An only insignificant continuation of the engagement is the same as an interruption. If the intervention is interrupted for more than one year, the Authority may require the polluter to take provisional measures to ensure the compensation and replacement measures or, if the conclusion of the intervention is not to be completed within a reasonable period of time. expect to compensate for the intervention in the extent to which it has been carried out.(10) Where a project is subject to an environmental impact assessment under the Environmental Impact Assessment Act, the procedure to be followed in the decisions referred to in Article 15 (1) to (5) shall be: the requirements of the said law.(11) The State Governments shall be empowered to determine, by means of a regulation, the details of the procedure laid down in paragraphs 1 to 10, including the compensation register. You may transfer the authorization pursuant to sentence 1 to other national authorities by means of a legal regulation.

footnote

§ 17 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 52 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 (1) and (1) 3 idF d. G v. 29.7.2009 I 2542 (iVm § 11 para. 1, 3 to 7 of the Landesnaturschutzgesetz (LNatSchG SH v. 24.2.2010): Schleswig-Holstein-Deviation by § 36 of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 (1) and (1) 3 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 12 para. 6 sentence 1 of the Nature Protection Execution Act of the State of Mecklenburg-Vorpommern (NatSchAG M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 17 para. 3 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 7 para. 1 of the Lower Saxony Implementing Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 17 para. 3 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 6 (1) to (3) of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 17 para. 3 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by Section 19 (3) of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 17 para. 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 3 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 3 sentence 3 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 7 (4) sentence 1 of the Hessian Execution Act Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 17 para. 3 sentence 3 u. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 5 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 6 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 4 sentence 1 no. 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by Section 10 (1) of the Land Nature Protection Act (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569, as amended by the law of 15.1.2015 GVBl LSA p. 21, mWv 22.1.2015 (cf. BGBl. I 2015, 183)
§ 17 para. 6 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 18 (2) sentence 2 of the Nature Conservation Act Sachsen-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 17 para. 6 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 9 sentence 4 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 17 para. 8 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 9 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 8 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 10 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 9 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 10 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 11 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 11 para. 5, 6, 9 u. 10 of the Landesnaturschutzgesetz (LNatSchG) State Conservation Act). 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 17 para. 11 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 7 (3) to (6) of the Niedersächsische Execution Act (Lower Saxony) Federal Nature Protection Act (NAGBNatSchG) v. 19.2 2010 Nds. GVBl. See 104 mWv 19.2.2010 (cf. BGBl. I 2010, 970) Unofficial table of contents

§ 18 Relationship with building law

(1) Are due to the installation, modification, addition or cancellation of The construction guidelines or the statutes pursuant to § 34 (4) sentence 1 (3) of the Construction Code are to be expected in nature and in the countryside. This is to be decided on the avoidance, the compensation and the replacement according to the regulations of the Construction Code.(2) On projects in areas with land development plans in accordance with § 30 of the Construction Code, during the planning of the building in accordance with § 33 of the Building Code and in the interior according to § 34 of the Construction Code, § § 14 to 17 are not applicable. The validity of § § 14 to 17 shall remain unaffected for projects in the external field pursuant to § 35 of the Construction Code as well as for building plans, insofar as they replace a plan-setting.(3) Decisions concerning projects pursuant to § 35 (1) and (4) of the Construction Code and on the construction of construction plants pursuant to § 34 of the Construction Code shall be taken in consultation with the authorities responsible for nature conservation and landscape management. If, in the cases of § 34 of the Construction Code, the competent authority for nature conservation and the maintenance of the landscape does not take a decision within one month, the competent authority for the decision may assume that the interests of nature protection and of the Land maintenance is not affected by the project. The consultation is not necessary for projects in areas with development plans and during the planning period in accordance with § § 30 and 33 of the Construction Code as well as in areas with statutes pursuant to § 34, paragraph 4, sentence 1, point 3 of the Construction Code.(4) In the case of projects in accordance with Section 34 of the Construction Code in the context of the production of the Benehmens pursuant to paragraph 3, there is evidence that the project may cause injury within the meaning of § 19 (1) sentence 1, this is also the case for the subcarrier . At the request of the subcarrier, the competent authority responsible for issuing the authorisation shall, in consultation with the authority responsible for the protection of nature and the countryside, take the decisions referred to in Article 15, in so far as they are concerned with the prevention, compensation or the replacement of any damage pursuant to section 19 (1) sentence 1; in such cases, § 19 (1) sentence 2 shall apply. In addition, the first sentence of paragraph 2 remains unaffected. Non-official table of contents

§ 19 Damage to certain species and natural habitats

(1) Damage to species and natural habitats For the purposes of the Environmental Damage Act, any damage which has a significant adverse effect on the achievement or maintenance of the favourable conservation status of these habitats or species is any damage. By way of derogation from the first sentence, there shall be no injury to any previously identified adverse effects of the activities of a responsible person established by the competent authority in accordance with § § 34, 35, 45 (7) or § 67 (2) or, if such a person is Examination is not necessary, according to § 15 or on the basis of the establishment of a building plan according to § 30 or § 33 of the Construction Code have been approved or are admissible.(2) Species within the meaning of paragraph 1 are the species listed in
1.
Article 4 (2) or Annex I of Directive 2009 /147/EC or
2.
Annexes II and IV to Directive 92 /43/EEC
.(3) Natural habitats within the meaning of paragraph 1 are those of
1.
Habitats of species referred to in Article 4 (2) or Annex I to Directive 2009 /147/EC or in Annex II of Directive 92/43/EEC,
2.
natural habitat types of Community interest as well as
3.
Reproduction and resting places of the species listed in Annex IV to Directive 92/43/EEC.
(4) If a responsible person has suffered damage under the Environmental Damage Act protected species or natural habitats, it shall take the necessary remedial measures in accordance with point 1 of Annex II to Directive 2004 /35/EC.(5) Whether the effects referred to in paragraph 1 are significant, should be determined with reference to the baseline condition, taking into account the criteria in Annex I to Directive 2004 /35/EC. As a rule, significant damage is not present in the case of
1.
Adverse deviations that are less than the natural fluctuations that are caused by the the habitat or species concerned as normal,
2.
adverse deviations due to natural causes, or to an external (a) the effect of the management of the areas concerned, which, according to the records relating to the habitat or the documents relating to the conservation objectives, is to be considered as normal or the earlier management of the relevant areas; owner or operator,
3.
damage to species or habitats that can be proven to be regenerating in a short period of time without external exposure , either the initial state is reached or a condition is reached solely on the basis of the dynamics of the species or habitat in question, which is considered to be equivalent or better compared to the initial state.

Chapter 4
Protection of certain parts of nature and landscape

Section 1
Biotope composite and biotope networking; protected parts by nature and landscape

Non-official table of contents

§ 20 General principles

(1) A network of connected biotopes will be (biotope network), which is intended to cover at least 10 percent of the area of each country.(2) Parts of nature and landscape can be protected
1.
in accordance with § 23 as a nature reserve,
2.
in accordance with § 24 as National Park or National Natural Monument,
3.
as biosphere reserve,
4.
according to § 26 as a landscape protection area,
5.
as Nature Park,
6.
as a Natural Monument or
7.
as a protected Part of the landscape.
(3) The parts of nature and landscape referred to in paragraph 2 are, to the extent that they are suitable, components of the biotope network.

Footnote

§ 20 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 9 (1) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) Non-official table of contents

§ 21 Biotopverbund, Biotopcrosslinking

(1) The biotope network is used for the permanent protection of the populations wild animals and plants, including their habitats, biotopes and communities, as well as the preservation, restoration and development of functional ecological interrelationships. It is also intended to contribute to the improvement of the link between the Natura 2000 network.(2) The biotope network shall be carried out on a cross-national basis. The countries agree with each other. (3) The biotope network consists of core areas, connecting surfaces and connecting elements. Biotope composite components are
1.
National Parks and National Natural Monuments,
2.
Nature reserves, Natura 2000 sites and biosphere reserves, or parts of these areas,
3.
legally protected biotopes within the meaning of § 30,
4.
Other areas and elements, including those of the National Natural Heritage, the Green Belt, and parts of Protected landscape areas and nature parks,
if they are suitable for the achievement of the objective referred to in paragraph 1.(4) The necessary core areas, connecting surfaces and connecting elements are by declaration to protected parts of nature and landscape within the meaning of § 20 (2), by planning-legal stipulations, by long-term contractual Legally secure agreements or other appropriate measures in order to guarantee the biotope network permanently.(5) Without prejudice to § 30 above, the above-ground waters, including their marginal strips, riverside zones and oenas, shall be preserved as habitats and biotopes for naturally occurring animal and plant species. They are to be further developed in such a way that they can fulfil their large-scale networking function in the long term.(6) At the regional level, linear and punctiform elements, in particular hedges and rockdrains, as well as trittsteinbiotopes, which are required for the networking of biotopes, are to be obtained and where they are located at the regional level. are not sufficiently available to create (biotope crosslinking).

Footnote

§ 21 para. 5 sentence 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 9 (2) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) unofficial table of contents

§ 22 Declaration on the protected part of nature and landscape

(1) The subprotection of parts of nature and landscape is made by explanation. The declaration shall determine the object of protection, the purpose of protection, the bids and prohibitions necessary to achieve the protection purpose, and, where necessary, the care, development and recovery measures, or shall contain the necessary Appropriations for this purpose. Protected areas may be divided into zones with a protection which is graduated in accordance with the relevant protection purpose, and the environment necessary for protection may also be included.(2) The form and procedure of the under-protection position, the validity of form and procedural errors and the possibility of their rectification as well as the continuation of existing explanations to the protected part of nature and landscape are governed by national law. The under-protection position can also be carried out across countries.(3) Parts of nature and landscape whose protection is intended may be temporarily secured for a period of up to two years if it is to be feared that changes or disruptions will endanger the intended protection . Under the conditions set out in the first sentence, the insinuating guarantee can be extended once up to a further two years. In the temporarily seized part of nature and landscape, actions and measures are prohibited in accordance with the declaration of protection, which are suitable to adversely affect the object of protection. The inversion shall be waived in whole or in part if its conditions are no longer or no longer fully met. Paragraph 2 shall apply accordingly.(4) Protected parts of nature and landscape are to be registered and marked. The details will be governed by the law of the country.(5) The declaration on the National Park or National Natural Monument, including its amendment, is carried out in consultation with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and the Federal Ministry of Transport, Building and Nuclear Safety. Urban development.

Footnote

§ 22 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 54 (3) of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 22 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 10 (1) sentence 3 of the Hamburg Law on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 22 para. 1 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 12 para. 1 of the Land Nature Protection Act (LNatSchG v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 22 para. 4 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 14 para. 10 sentence 2 of the Niedersächsische Execution Act on the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 22 para. 4 sentence 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 12 (1) sentence 1 and 2 of the Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) unofficial table of contents

§ 23 nature reserves

(1) nature reserves are legally binding sites in which a special protection of nature and landscape in its entirety or in individual parts is required
1.
for the conservation, development or restoration of Habitats, biotopes or biotopes of certain wild fauna and flora species,
2.
from scientific, natural or national history Reason or
3.
because of its rarity, special character, or outstanding beauty.
(2) All actions that cause destruction, damage, or Any alteration of the nature reserve or its components or of a lasting disturbance shall be prohibited in accordance with the provisions of more detailed provisions. As far as the protection is permitted, nature reserves may be made accessible to the general public.

footnote

§ 23 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 13 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 23 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 13 para. 3 of the Landesnaturschutzgesetz Schleswig-Holstein (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Non-official table of contents

§ 24 National Park, National Natural Monuments

(1) National Parks are legally binding
1.
large-scale, largely uncut, and of special character,
2.
in a vast majority of its area meet the requirements of a nature reserve, and
3.
in a majority of its area, are in a state that is not or slightly influenced by humans, or are suitable for developing into a state or in a state of The aim of the project is to develop a state which ensures the most undisturbed flow of natural processes in their natural dynamics.
(2) National parks have the aim of ensuring, in a predominant part of their area, the most undisturbed flow of the To ensure natural processes in their natural dynamics. As far as the protection is permitted, the national park should also be used for scientific environmental observation, natural science education and the natural experience of the population.(3) National parks must be protected, taking into account their special protection, and the exceptions offered by the large-scale and settlement areas, such as nature conservation areas.(4) National natural monuments are legally binding territories, which are
1.
from scientific, natural history, cultural history or national history. Reasons and
2.
because of their rarity, peculiarity, or beauty
are of outstanding importance. National nature monuments are to be protected like nature reserves. Non-official table of contents

§ 25 Biosphere Reserves

(1) Biosphere reserves are uniformly to be protected and to be developed, which
1.
large-scale and characteristic for specific landscape types,
2.
in the main parts of their territory are the conditions of a nature reserve, which, moreover, mainly fulfil a protected landscape area,
3.
mainly the Maintaining, developing or restoring a varied and varied use of landscape and the diversity of species and biotopes that have been historically grown in it, including wild and earlier cultural forms of economic use, or usable animal and plant species, and
4.
serve as an example of the development and testing of the natural products of particularly gentle economic practices.
(2) Biosphere reserves are used, in so far as the protection is permitted, also for research and the observation of nature and landscape as well as for the formation of sustainable development.(3) Biosphere reserves shall be developed, taking into account the exceptions offered by the large-scale and settled areas, via core zones, care zones and development zones, and to protect nature reserves or protected landscape areas.(4) Biosphere reserves may also be designated as biosphere regions or biosphere regions.

Footnote

§ 25 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 14 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 25 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 14 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 25 para. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 20 of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 25 para. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 20 sentence 1 of the Landesnaturschutzgesetz (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569, as amended by the law of 15.1.2015 GVBl LSA p. 21, mWv 22.1.2015 (cf. BGBl. I 2015, 183)
§ 25 para. 1 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 12 para. 6 sentence 2 of the Hessian Execution Act to the Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 25 para. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 14 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Non-official table of contents

§ 26 Landscape protection areas

(1) Landscape protected areas are legally binding territories, in which require special protection of nature and landscape
1.
for the maintenance, development or restoration of the performance and functionality of the Natural resources or the capacity for regeneration and sustainable use of natural resources, including the protection of habitats and habitats of certain wild fauna and flora species,
2.
because of the variety, nature and beauty, or the special cultural historical significance of the landscape or
3.
because of its special importance to the recovery.
(2) In a landscape conservation area, special attention is paid to § 5 (1) and to the conditions of the prohibits all acts which alter the character of the territory or which are contrary to the particular protection purpose. Non-official table of contents

§ 27 Naturparke

(1) Nature parks are areas that are to be developed and to be cultivated in a uniform manner, the
1.
large-scale,
2.
predominantly landscape conservation areas or nature reserves
3.
are particularly suitable for recreation because of their scenic conditions, and where sustainable tourism is sought,
4.
according to the requirements of spatial planning for recovery,
5.
the conservation, development, or Restoration of a varied landscape and its variety of species and biotopes, and in which, for this purpose, a sustainable land use is sought and
6.
particularly suitable for promoting sustainable regional development.
(2) Natural parks should be used in accordance with the aims set out in paragraph 1 of this article, taking into account the Aims of nature conservation and landscape management are planned, structured, developed and further developed.

Footnote

§ 27 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 16 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 27 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 15 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 27 para. 1 no. 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 20 (1) sentence 2 of the Niedersächsische Execution Act on the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970) unofficial table of contents

§ 28 natural monuments

(1) Natural monuments are legally binding individual creations of nature or nature conservation. corresponding areas of up to five hectares, whose special protection is required
1.
for scientific, natural history or national reasons or
2.
because of their rarity, peculiarity, or beauty.
(2) The removal of the natural monument as well as all acts that result in destruction, damage, or The alteration of the natural monument shall be prohibited in accordance with the provisions of more detailed provisions.

footnote

§ 28 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 17 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 28 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 10 (2) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 28 para. 1 idF d. G v. 29.7.2009 I 2542: Saxony-deviation by § 21 para. 1 no. 2 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 28 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 17 para. 3 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 28 para. 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 21 (2) sentence 1 of the Niedersächsische Execution Act on the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970) Non-official table of contents

§ 29 Protected Landscape Components

(1) Protected Landscape Components are legally binding fixed parts of nature and landscape, whose special protection is required
1.
for the maintenance, development or recovery of performance and Function of the natural balance,
2.
for the revitalization, structuring or maintenance of the location or landscape,
3.
to repel harmful effects or
4.
because of its importance as a habitat of certain wild live animal and plant species.
The protection may extend to the area of a country or parts of the country to the entire stock of avenues, one-sided rows of trees, trees, hedges or other landscape components.(2) The removal of the protected landscape component as well as all acts which may lead to the destruction, damage or alteration of the protected landscape component shall be prohibited in accordance with detailed provisions. In the event of a reduction in the stock, provision may be made for an appropriate and reasonable replacement plant or for the performance of substitutes in money.(3) The provisions of the national law on the legal protection of avenues remain unaffected.

footnote

§ 29 para. 1 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by § 22 (1) No. 3 and Others 5, Abs 2 u. 3 sentence 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 29 para. 1 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 18 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 29 para. 2 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by § 22 para. 2 u. 3 sentence 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 29 para. 2 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by Section 26 (3) of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2829)
§ 29 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 22 para. 4 sentence 2 of the Niedersächsische Execution Act on the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 29 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 18 Para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) unofficial table of contents

§ 30 legally protected biotopes

(1) Certain parts of nature and landscape, which are of special importance as biotopes, are protected by law (general principle). (2) Acts which can lead to destruction or other significant impairment of the following biotopes are prohibited:
1.
Natural or semi-natural areas of fluent and stagnant inland waters, including their banks and associated natural or semi-natural vegetation, as well as of their natural or semi-natural areas of landings, Altarme and regularly flooded areas,
2.
Moore, swamps, Röhrichte, Großseggenrieder, seggen-and wet meadows, spring areas, inland salt sites,
3.
open inland dunes, open natural block, debris and scree, loam and solvent walls, Dwarf shrubs, Ginster and juniper healds, Bristle Grasslands, Dry Grasslands, Heavy Metal Grasslands, Forests and bushes of dry warmer locations,
4.
Break, swamp, and Oenforests, canyon, log-neck and hillside forests, subalpine larch and larch forest forests,
5.
open rock formations, alpine lawn and snowfall and snow Krummholzgebüsche,
6.
Fels-and cliffs, coastal dunes and beach forests, beach lakes, Boddenwaters with landings, salt marshes and coastal wattles, Seagrass meadows and other marine macrophyte herds, reefs, sublitoral sand banks, cliffs with drilling ground megafauna, and species-rich gravel, coarse sand and shrill grounds in the marine and coastal area.
The prohibitions of sentence 1 apply also for other biotopes legally protected by the countries.(3) The prohibitions provided for in paragraph 2 may, upon request, be subject to an exemption if the impairments can be offset.(4) Where actions within the meaning of paragraph 2 are to be expected on the basis of the establishment, amendment or addition of development plans, at the request of the municipality, a necessary derogation or exemption from the prohibitions provided for in paragraph 2 may be taken before the installation. of the Bebauplan. Where an exemption has been granted or an exemption has been granted, no further exemption or exemption shall be required for the implementation of a project which is permissible in the rest of the project if the project is carried out within seven years of the date of implementation of the project. the entry into force of the development plan.(5) In the case of legally protected biotopes created during the duration of a contractual agreement or the participation in public programmes for the restriction of management, paragraph 2 shall not apply to the resumption of a permissible Use of land, forestry or fishing activities within ten years of the termination of the contractual agreement or participation in the public programmes concerned.(6) In the case of legally protected biotopes created on land where a permitted recovery of mineral resources has been restricted or interrupted, paragraph 2 shall not apply to the resumption of recovery within five years of: the restriction or interruption.(7) The legally protected biotopes shall be registered and the registration shall be made publicly available in a suitable manner. The registration and its accessibility shall be governed by national law.(8) Further protection provisions, including the provisions on exemptions and exemptions, shall remain unaffected.

footnote

§ 30 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-deviation by § § 36 u. 52 of the Landesnaturschutzgesetz (LNatSchG) State Conservation Act). 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 30 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 14 para. 1 iVm annex of the Hamburg Act to the execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 21 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 20 of the Nature Protection Execution Act (NatSchAG M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 22 (2) of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 14 para. 1 iVm annex of the Hamburg Act to the execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 23 (2) of the Bavarian Nature Conservation Act (BayNatSchG) 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 30 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 24 para. 1 of the Lower Saxony Implementing Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 30 (2) and 3 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by § 26 para. 3 and 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 30 para. 3 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 20 of the Nature Protection Execution Act (NatSchAG M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 30 para. 3 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 23 para. 2, 3 and 4 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 30 (3) and 4 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 14 (3) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 30 para. 5 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 21 (4) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 30 para. 5 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 22 (2) of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 30 para. 5 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 14 (3) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 30 para. 5 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 23 (2) of the Bavarian Nature Conservation Act (BayNatSchG) 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 30 paragraph 6 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 22 (2) of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 30 para. 6 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 14 (3) of the Hamburg Act on the Execution of the Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)

Section 2
Network "Natura 2000"

Non-official table of contents

§ 31 Structure and Protection of the Natura 2000

The Federation and the Länder comply with the obligations arising from Directives 92/43/EEC and 2009 /147/EC on the establishment and protection of the European ecological network "Natura 2000" in the sense of Article 3 of Directive 92 /43/EEC. Non-official table of contents

§ 32 Protected areas

(1) Countries select the areas that the Commission has adopted pursuant to Article 4 (1) of Directive 92 /43/EEC. and to Article 4 (1) and (2) of Directive 2009 /147/EC, in accordance with the measures referred to in those provisions. They are making the consultation with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. This involves the other Federal Ministries concerned, and names the selected areas of the Commission. It shall, at the same time, submit to the Commission an estimate of a financial contribution from the Community which is intended to fulfil the obligations laid down in Article 6 (1) of Directive 92 /43/EEC, including the payment of financial compensation. in particular for agriculture and forestry.(2) The areas included in the list referred to in the third subparagraph of Article 4 (2) of Directive 92/43/EEC shall be subject to the conditions laid down in Article 4 (4) of this Directive and to the areas designated in accordance with Article 4 (1) and (2) of Directive 2009 /147/EC in accordance with the respective conservation objectives, to be declared protected parts of nature and landscape within the meaning of section 20 (2).(3) The protection declaration shall determine the protection purpose in accordance with the respective conservation objectives and the necessary territorial limits. It is intended to illustrate whether priority natural habitat types or priority species are to be protected. Appropriate bids and prohibitions, as well as care and development measures, shall ensure that the requirements of Article 6 of Directive 92/43/EEC are met. Further protection regulations remain unaffected.(4) The under-protection position referred to in paragraphs 2 and 3 may be left to the extent provided for by other legislation, including this law and territorial provisions of the national law, by administrative provision, by the power of disposal of a public or non-profit-making institution, or of equivalent protection by contractual agreements.(5) For Natura 2000 sites, management plans may be set up independently or as part of other plans.(6) The selection and declaration of territories within the meaning of the first sentence of paragraph 1 and paragraph 2 in the area of the German exclusive economic zone and the continental shelf to protected parts of nature and landscape within the meaning of Article 20 (2) According to § 57.

Footnote

§ 32 para. 2 to 4 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 14 para. 2 and 3 of the Hessian Implementing Act to the Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 32 para. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 23 para. 2 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 32 para. 4 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. Article 20 (2) of the Bavarian Nature Conservation Act (BayNatSchG) 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) Non-official table of contents

§ 33 General protection rules

(1) All changes and disruptions that result in a significant The deterioration of a Natura 2000 site in its components relevant to the conservation objectives or the purpose of protection shall be inadmissible. Under the conditions laid down in Article 34 (3) to (5), the competent authority responsible for nature conservation and the maintenance of the countryside may grant exemptions from the prohibition of sentence 1 and of prohibitions within the meaning of section 32 (3).(2) In the case of an area within the meaning of Article 5 (1) of Directive 92/43/EEC, the first sentence of the first sentence of Article 5 (1) shall be applicable during the concertation phase until the Council has decided to adopt paragraph 1, with a view to the priority natural habitat types occurring in it; and priority species accordingly. § § 34 and 36 do not apply.

footnote

§ 33 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 24 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 33 para. 1 idF d. G v. 29.7.2009 I 2542: Berlin deviation by § 34 of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2830) Non-official table of contents

§ 34 Compatibility and inadmissibility of projects; exceptions

(1) Projects are prior to their approval or to check their compatibility with the conservation objectives of a Natura 2000 site, if they are suitable, individually or in cooperation with other projects or plans, to significantly affect the area, and not directly to the administration of the area. To the extent that a Natura 2000 site is a protected part of the nature and landscape within the meaning of Article 20 (2), the standards of compatibility of the protection and of the provisions adopted thereto shall be set out in the case where the relevant provisions are Conservation objectives have already been taken into account. The promoter shall submit the documents necessary for the examination of the compatibility and the conditions laid down in paragraphs 3 to 5.(2) It shall be inadmissible if the assessment of the compatibility of the project leads to significant adverse effects on the area in its components relevant to the conservation objectives or the protection purpose.(3) By way of derogation from paragraph 2, a project may only be approved or carried out as far as
1.
is for imperative reasons of overriding public interest, including such social or economic nature, and
2.
reasonable alternatives, the purpose pursued by the project elsewhere without or without, or
() Can be affected by the project in the field of priority natural habitat types or priority species, can be considered as compelling reasons for the predominant nature of the project. public interest only in the context of human health, public security, including the defence and protection of the civilian population, or the significantly beneficial effects of the project on the environment shall be asserted. Other reasons within the meaning of paragraph 3 (1) may only be taken into account if the competent authority has previously received an opinion from the Commission via the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.(5) If a project is to be approved or implemented in accordance with paragraph 3, including in conjunction with paragraph 4, the measures necessary to secure the link between the Natura 2000 network should be provided for. The competent authority shall inform the Commission of the measures taken by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.(6) A project within the meaning of the first sentence of paragraph 1, which is not carried out by a public authority, is not subject to any administrative decision or notification to a public authority under other legislation, it shall be that of nature conservation and the maintenance of the countryside competent authority. This may limit the implementation of the project for a limited period of time or otherwise in order to ensure compliance with the conditions set out in paragraphs 1 to 5. If the authority does not take a decision within one month after receipt of the notification, the implementation of the project may commenced. If you start to perform a project without the required display, the authority can order the temporary setting. If, in the case referred to in paragraph 2, the conditions set out in paragraphs 3 to 5 do not exist, the Authority shall prohibit the implementation of the project. The provisions of sentences 1 to 5 shall apply only in so far as the protection provisions of the countries, including the provisions on exemptions and exemptions, do not contain more stringent rules on the admissibility of projects.(7) In the case of protected parts of nature and landscape within the meaning of § 20 (2) and legally protected biotopes within the meaning of § 30, paragraphs 1 to 6 shall apply only in so far as the protection provisions, including the provisions on exceptions and exemptions, no more stringent rules on the admissibility of projects. The obligations laid down in the second sentence of paragraph 4 on the participation of the Commission and in the second sentence of paragraph 5 for informing the Commission shall remain unaffected.(8) The provisions of paragraphs 1 to 7 shall not apply to projects within the meaning of Section 29 of the Construction Code in areas with land-use plans in accordance with Section 30 of the Construction Code and during the planning period, with the exception of development plans which replace a plan-setting. Section 33 of the Construction Code.

Footnote

§ 34 para. 1 sentence 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 21 (6) of the German Nature Conservation Act (NatSchAG) M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621) Non-official Table of Contents

§ 35 Genetically Modified Organisms

On
1.
releases of genetically modified organisms within the meaning of § 3 point 5 of the Gentechnikgesetz and
2.
the agricultural, forestry and fisheries use of lawfully marketed products containing or consisting of genetically modified organisms, as well as the other, in particular also non-economic, dealing with such products, which is comparable in its effects to the aforementioned acts, within a Natura 2000 site
is Article 34 (1) and (2), corresponding to

Footnote

§ 35 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 21 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) Non-official table of contents

§ 36 Plans

On
1.
Line provisions according to § 16 of the Bundesfernstraßengesetz (Bundesfernstraßengesetz) and § 13 of the Bundeswasserstrasse Act (Bundeswasserstraßengesetz) as well as
2.
Plans to be observed or taken into account in regulatory decisions
is to be applied in accordance with § 34 (1) to (5).
In the case of spatial planning plans as defined in § 3 Paragraph 1 (7) of the Spatial Planning Act and in the case of building guidelines and statutes pursuant to § 34 (4) sentence 1 (3) of the Construction Code, § 34 (1) sentence 1 shall not apply.

Chapter 5
Protection of the wild Live animal and plant species, their habitats and biotopes

Section 1
General rules

unofficial table of contents

§ 37 tasks of wildlife conservation

(1) The rules of this chapter and § 6 (3) serve to protect wild fauna and flora species. The conservation of species includes
1.
The protection of animals and plants of wild species and their communities against adverse effects from humans and the To ensure their other living conditions,
2.
the protection of habitats and biotopes of wild fauna and flora, as well as
3.
the resettlement of animals and plants of displaced wild species in suitable biotopes within their natural distribution area.
(2) The rules of the The provisions of this Chapter and of the legislation adopted pursuant to this Chapter shall be without prejudice to plant protection law, animal welfare law, disease law and forestry, hunting and fishing rights. Unless specific provisions for the protection and care of the species in question exist or are adopted in hunting or fishing legislation, subject to the rights of the rights of the hunting or fishing authorities, the the provisions of this Chapter and the provisions adopted pursuant to this Chapter. Non-official table of contents

§ 38 General rules for the protection of species, habitats and biotopes

(1) In preparation and implementation of the In accordance with § 37 (1), the federal and state authorities responsible for nature conservation and landscape management shall draw up and implement the protection, care and development goals on the basis of the observation in accordance with § 6.(2) As far as this is necessary for the implementation of complete and Community legal requirements or for the protection of species listed in a legal regulation pursuant to Article 54 (1) (2), including their habitats, the Nature conservation and landscape management competent authorities of the federal and state governments effective and co-ordinated preventive protection measures or set up species aid programmes. They shall take the necessary measures to ensure that the unintended catch or killing does not have a significant adverse effect on the strictly protected species.(3) The necessary research and the necessary scientific work within the meaning of Article 18 of Directive 92/43/EEC and of Article 10 of Directive 2009 /147/EC shall be encouraged.

Section 2
General species protection

Non-official table of contents

§ 39 General protection of wild animals and plants; empowerment Decree of legal orders

(1) It is forbidden to
1.
wild animals willingly to disturb or not to catch, to injor or to infringe on reasonable grounds. killing,
2.
wild plants without reasonable grounds to be taken from or to be used or otherwise to be used or to be used for
3.
Affecting or destroying the habitats of wild animals and plants without any reasonable reason.
(2) Subject to hunting, or Fishing legislation is prohibited from taking wild animals and plants from the species listed in Annex V to Directive 92 /43/EEC from nature. Countries may grant derogations from the first sentence under the conditions laid down in Article 45 (7) or in Article 14 of Directive 92 /43/EEC.(3) By way of derogation from paragraph 1, point 2, any flowers, grasses, ferns, mosses, lichens, fruits, mushrooms, tea and medicinal herbs and branches of wild plants from nature shall be restricted to places not subject to any prohibition on entry, in small Take care of the quantities for personal use and acquire them.(4) The commercial take-up, treatment or processing of wild plants shall be without prejudice to the rights of the owners and other authorised users of the authorisation of the competent authority for nature conservation and landscape management. Authorisation shall be granted if the stock of the species concerned is not endangered at the place of collection and the nature budget is not significantly affected. The withdrawal must be carried out in accordance with the law. The decision to take measures for the purpose of producing regional seed shall take account of the beneficial effects on the objectives of nature conservation and of the maintenance of the countryside.(5) It is prohibited to
1.
to burn the ground cover on meadows, rock drains, high-rains and unused land, as well as on hedges and slopes, or not land-, forest-or to treat areas that are used for fishing activities in such a way that the fauna or flora is significantly affected,
2.
Trees that are outside the forest, from Kurzumtriebsplantage or gardening ground areas stand, hedges, living fences, bushes and other trees in the time of 1. March 30, 2015 to cut off or to sit on the floor, allowing gentle forms of care and care to eliminate the growth of plants or to keep trees healthy,
3.
Röhrichte in the time of 1. March 30, 2015 to cut back in September; outside these times, Röhrichte may only be cut back in sections,
4.
continuously water-carrying trenches using To clear trench milling, if this significantly affects the natural environment, especially the wildlife.
The prohibitions of the sentence 1, number 1 to 3, do not apply to
1.
Regulatory Actions,
2.
Measures that are not in the public interest in any way or at a different time, if they are
a)
governmental,
b)
official approved or
c)
ensuring road safety
3.
according to § 15 permitted interventions in nature and landscape,
4.
allowed Construction projects, if only a small amount of wood is to be removed to implement the construction measures.
The State Governments are authorized to use the provisions of the law in the prohibitions of the first sentence of sentence 1, points 2 and 3, for the area of a A country or parts of the country should be subject to extended prohibitions. You may transfer the authorization pursuant to sentence 3 to other national authorities by means of a legal regulation.(6) It is forbidden to caves, tunnels, earth-cellars or similar spaces serving as the winter quarters of bats, in the time of 1. October 31, 2016 This does not apply to the implementation of unstoppable and only slightly disruptive actions, as well as to areas which have been developed or heavily used for tourism purposes.(7) Further protection provisions, in particular Chapter 4 and Section 3 of Chapter 5, including the provisions on exemptions and exemptions, shall remain unaffected. Non-official table of contents

§ 40 Non-Hungarian, Non-invasive and Invasive Species

(1) appropriate measures are to be taken to endanger the ecosystems, biotopes and species by animals and plants of non-native or invasive species.(2) Species where there are indications that invasive species are involved are to be observed.(3) The competent authorities of the Federal Government and the Länder shall immediately take appropriate measures to eliminate or prevent the spread of new animals and plants of invasive species. In the case of invasive species that are already in widespread use, they shall take measures to prevent further spread and to reduce the effects of the spread, in so far as this prospect is successful and the success is not out of proportion to the spread of the disease. is required. Sentences 1 and 2 shall not apply to crops grown in agriculture or forestry within the meaning of paragraph 4, sentence 3, point 1.(4) The discharge of plants of alien species in the wild as well as of animals shall be subject to the authorisation of the competent authority. Artificially propagated plants shall not be alien if they have their genetic origin in the area concerned. The authorisation shall be refused if there is no risk to ecosystems, biotopes or species of Member States being threatened. From the requirement of a permit are excluded
1.
cultivation of plants in agriculture and forestry,
2.
the use of animals
a)
non-resident species,
b)
alien species, if the use of a plant protection permit is required, which takes into account the concerns of species protection,
for the purpose of biological Crop Protection,
3.
The settling of animals of non-resident species subject to hunting or fishing rights
4.
the application of trees and seeds outside their pre-income areas up to and including 1. March 2020; until that date, the free nature of trees and seeds should preferably be applied only within their income areas.
Article 22 of Directive 92/43/EEC is to be observed.(5) The authorisations referred to in paragraph 4 shall be issued by the Federal Agency for Nature Conservation (Bundesamt für Naturschutz) in the case of species which are not yet(6) The competent authority may order that unauthorised animals and plants, or plants spreading unintentionally in the wild, as well as animals which have been released to it, are disposed of in so far as it is intended to prevent the risk of exposure to eco-systems, biotopes or species is required. Non-official table of contents

§ 41 Protection of birds in energy-free lines

For the protection of bird species, new masts and technical components are to be used of medium-voltage lines in such a way that birds are protected against electric shock. Existing masts and technical components of medium-voltage lines with a high risk of birds are up to the 31. In December 2012, the necessary measures to protect against electric shock are to be carried out. The second sentence shall not apply to the overhead line installations of the railways. Non-official table of contents

§ 42 Zoos

(1) Zoos are permanent establishments in which live animals of wild species are used for display purposes. during a period of at least seven days a year. Not as a zoo,
1.
circuses,
2.
TierActions and
3.
Enclosures for the posture of no more than five types of wild game listed in the Federal hunting law, or establishments in which there are no more than 20 animals of other wild species
(2) The establishment, extension, substantial modification and operation of a zoos shall be subject to approval. The permit refers to a particular plant, certain operators, to a certain number of individuals of each species, and to a particular mode of operation.(3) Zoos are to be constructed and operated in such a way that
1.
takes into account the biological and conservation needs of the animals in each species ' attitude, In particular, the respective enclosures for location, size and design and interior design are designed to be appropriate for the species and animals,
2.
the care of the animals on the The basis of a written programme for veterinary prevention and treatment as well as for nutrition, which corresponds to the state of good veterinary practice,
3.
The intrusion of harmful organisms as well as the escape of the animals is prevented,
4.
the regulations animal and species protection,
5.
a register of the zoos of the zoos in a form appropriate to each of the species listed, and always on the to be kept up to date,
6.
to promote education and public awareness of the conservation of biodiversity, in particular: through information about the species exhibited and their natural biotopes,
7.
the zoo participates in
a)
researches contributing to the conservation of species, including the exchange of information about the arterization, or
b)
The rearing in captivity, the resettlement and resettlement of species in their biotopes or
c)
(4) The approval provided for in paragraph 2 is to be granted if
1.
ensuring that the obligations referred to in paragraph 3 are met
2.
as defined in this chapter
3.
there are no facts from which there are concerns about the reliability of the operator and of the management of the zoos responsible persons as well as
4.
do not preclude other public-law provisions on the establishment and operation of the zoo.
The authorisation may be accompanied by secondary provisions; in particular, a security may be required for the proper resolution of the zoos and for the restoration of the former condition.(5) Countries may provide that the authorisation provided for in the first sentence of paragraph 2 shall include the authorisation in accordance with the first sentence of Article 11 (1) (1) (2a) and (3) (d) of the Animal Protection Act.(6) The competent authority shall monitor compliance with the requirements of paragraphs 3 and 4, inter alia, through periodic inspections and surveys. § 52 shall apply accordingly.(7) Where a zoo is constructed, extended, substantially modified or operated without the necessary authorisation or in contradiction with the requirements arising from paragraphs 3 and 4, the competent authority may take the necessary measures to: in order to ensure compliance with the requirements within a reasonable time limit. It can also decide to close the zoo in whole or in part to the public. If the requirements for the keeping of animals in zoos change according to the state of science, the competent authority shall adopt retrospective orders if the amended requirements are not complied with in any other way.(8) Where the operator does not comply with arrangements referred to in paragraph 7, the zoo shall be closed in whole or in part within a period of not more than two years after its adoption and the authorisation shall be revoked in whole or in part. By order, it is necessary to ensure that the animals affected by the closure are appropriate and consistent with the purpose and the provisions of Council Directive 1999 /22/EC of 29 June 1999 on the implementation of the March 1999 on the keeping of wild animals in zoos (OJ L 327, 28.3.1999, 24), at the expense of the operator, are handled and accommodated in a manner that is fair and animal-friendly. An elimination of the animals is only permitted in accordance with the species and animal welfare legislation, if there is no other reasonable alternative for the accommodation of the animals. Non-official table of contents

§ 43 Animal enclosures

(1) Animal enclosures are permanent establishments in which animals of wild living species are outside of residential and Business premises shall be held for a period of at least seven days a year, and which are not a zoo within the meaning of Section 42 (1).(2) Animal enclosures shall be constructed and operated in such a way that
1.
requirements arising from § 42 (3) (1) to (4) are complied with,
2.
neither the nature budget nor the landscape image are affected and
3.
entering forest and The
, extension, substantial modification and operation of an animal's harlot shall be subject to the competent authority at least one month in
. . It may take the necessary arrangements to ensure compliance with the requirements of paragraph 2. It may order the disposal of an animal's harlot if it is not possible to produce lawful conditions in other ways. In this case, Section 42 (8), sentences 2 and 3 shall apply accordingly.(4) Countries may determine that the requirements referred to in paragraph 3 do not apply to enclosures,
1.
which are under government supervision,
2.
which are set up for a short period of time or require a small area or
3.
in which only a small number of animals or animals with low requirements are kept to their posture.
(5) Further regulations of the countries remain unaffected.

footnote

§ 43 para. 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 28 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)

Section 3
Special Species Protection

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§ 44 Rules for particularly protected and certain other species of flora and fauna

(1) It is prohibited,
1.
Wild animals of the specially protected species to capture, hurt or kill them, or to remove, damage or destroy their forms of development from nature,
2.
Wild animals of the strictly protected species and of European bird species during reproduction, rearing, mouse, wintering and migration periods; a significant disturbance is present if the disturbance of the conservation status is of the local population of a species,
3.
Reproductive or resting places of wild animals of the most protected species are found in nature, damage or destruction,
4.
to remove wild plants of the most protected species or their forms of development from nature, to them or to their sites, to damage or destruction
(2) It is also prohibited to
1.
The animals and plants of the specially protected species are in possession or custody. shall take possession or custody of, or process or process (possession bans),
2.
Animals and plants of the particularly protected species within the meaning of Section 7 (2) Point 13 (b) and (c)
a)
to sell, buy, offer for sale or purchase, hold or transport for sale, exchange or pay for sale for use or for use,
b)
to acquire, display or otherwise acquire, display or otherwise
(marketing bans)
Article 9 of Regulation (EC) No 338/97 remains unaffected.(3) The prohibition of possession and marketing shall also apply to
1.
Goods as defined in the Annex to Directive 83 /129/EEC, which, contrary to Articles 1 and 3 of this Directive, shall be subject to the following: 30. 2
2.
Animals and plants determined by the legal regulation in accordance with § 54 (4).
(4) The country, Land use and exploitation of the products derived from it, the requirements specified in § 5 (2) to (4) of this Act as well as the provisions of Section 17 (2) of the Federal Soil Protection Act and the law of the Agricultural, forestry and fisheries management requirements for good professional practice, it does not violate the access, possession and marketing prohibitions. Where species listed in Annex IV to Directive 92/43/EEC, European bird species or species listed in a legal regulation pursuant to Article 54 (1) (2) are concerned, this shall only apply where the state of conservation of the local species is Population of a species not deteriorated by management. To the extent that this is not ensured by other protective measures, in particular by measures of territorial protection, species protection programmes, contractual agreements or targeted information, the competent authority shall assign to the the responsible land, forestry or fish farmers are required to supply the necessary management requirements. Powers under national law for the order or for the adoption of appropriate provisions by general order or legal regulation remain unaffected.(5) In accordance with § 15 admissible interventions in nature and landscape as well as for projects within the meaning of § 18 (2) sentence 1, which are permissible under the provisions of the Building Code, the access, possession and marketing bans shall apply in accordance with the rates 2 to 5. Where species listed in Annex IV (a) of Directive 92/43/EEC are affected, European bird species or species listed in a legal regulation pursuant to Article 54 (1) (2), there is a breach of the prohibition in paragraph 1. Point 3, and with a view to the consequent unavoidable adverse effects on wild animals, not against the prohibition in paragraph 1 (1), in so far as the ecological function of the reproductive system or projects concerned is not or resting place in a spatial context. If necessary, early compensatory measures may also be fixed. For the sites of wild plants of the species listed in Annex IV (b) of Directive 92/43/EEC, the rates 2 and 3 shall apply accordingly. If other particularly protected species are concerned, there is no violation of the access, possession and marketing bans in the case of acts to carry out an intervention or project.(6) The prohibition of access and possession shall not apply to acts for the preparation of statutory audits carried out by competent persons with the greatest possible protection of the specimens examined and of the rest of the fauna and flora in the shall be made necessary. The number of specimens of European bird species and species of species listed in Annex IV (a) of Directive 92/43/EEC to be injured or killed shall be the competent person of the nature conservation and landscape management to communicate annually to the Authority. Non-official table of contents

§ 45 Exceptions; empowerment to enact legal regulations

(1) The property prohibitions are as long as they are Regulation pursuant to § 54 (5) does not result in anything else, except
1.
Animals and plants of the particularly protected species that are lawfully
a)
bred in the community and not herreness
b)
from third countries enters the Community from third countries,
2.
Animals and plants of species listed in a legal regulation pursuant to § 54 (4) and, before being included in the legal regulation, lawfully in
1) (1) (b) shall not apply to animals and plants of the species referred to in Article 7 (2) (13) (b), which shall be referred to in the third subparagraph of Article 7 (2) (b). April 2002 without an exception or exemption pursuant to § 43 (8) sentence 2 or § 62 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in which up to 1. March 2010, or after 1 January 2010. The European Parliament and the Council of the European Union, without an exception to paragraph 8 from a third country, have been directly into the country. By way of derogation from the second sentence, dead birds of European bird species within the meaning of section 7 (2) (13) (b), double-letter bb, insofar as they are subject to the hunting rights pursuant to Article 2 (1) of the Federal Hunting Act, may be used for personal use or as In the absence of an exemption or exemption from a third country, the Council is directly transferred to the domestic market.(2) Where, in accordance with paragraph 1, animals and plants of the specially protected species are not subject to any prohibition of ownership, they shall also be exempted from the marketing prohibitions. This shall not apply to
1.
Animals and plants of the strictly protected species and
2.
animals of European bird species.
(3) the marketing bans are also excluded from the marketing bans
1.
Animals and plants of the strictly protected species, which have been legally acquired prior to being protected as being threatened or strictly protected by extinction,
2.
Animals of European bird species that are before the 6. * 3.
Animals and plants of the species listed in Directive 92 /43/EEC, which are legally acquired or listed in Annex III, Part A of Directive 2009 /147/EC,
3.
and 2009 /147/EC, and which have been released in a Member State in accordance with the Directives relating to the acts referred to in Article 44 (2), first sentence, point 2.
(4) By way of derogation from the prohibition of the possession and marketing of such acts, it allows, subject to hunting and fishing legislation, animals and plants found dead in nature to be taken from the body designated by the authority responsible for the conservation of nature and the countryside, or, where such do not belong to the strictly protected species, for purposes of research or teaching, or for preparation for these purposes.(5) By way of derogation from the prohibitions of Section 44 (1) (1) and the Prohibition Of Possession, it is also permissible, subject to hunting regulations, to take in injured, helpless or sick animals in order to maintain them in a healthy manner. The animals shall be released immediately as soon as they are able to obtain themselves. In addition, they are to be submitted to the authority designated by the authority responsible for nature conservation and landscape management. In the case of animals of the strictly protected species, the owner has to report the inclusion of the animal of the authority responsible for nature conservation and landscape management. This may require the release of the recorded animal.(6) The authorities responsible under national law may grant exemptions from the prohibition of possession and marketing, insofar as this is necessary for the recovery of animals and plants confiscated or drawn up, and to the extent that the acts of the European Community not to stand up to this. If a federal authority is responsible for seizure or confiscation, that authority may grant exemptions from the prohibition of possession and marketing of the goods within the meaning of the first sentence.(7) The authorities responsible for nature conservation and the administration of the countryside, as well as in the case of expatriation from abroad, the Federal Agency for Nature Conservation may allow further exceptions from the prohibitions of § 44 in individual cases
1.
to avert significant agricultural, forestry, fishing, water, or other significant economic Damage,
2.
to protect the naturally occurring fauna and flora,
3.
for purposes of research, teaching, education or resettlement, or measures of rearing or artificial reproduction serving these purposes,
4.
in the interest of the health of the People, public safety, including the defence and protection of the civilian population, or the significantly beneficial impact on the environment or
5.
for other compelling reasons of overriding public interest, including those of a social or economic nature.
An exception may be allowed only if: , and the state of conservation of the populations of a species does not deteriorate unless Article 16 (1) of Directive 92/43/EEC further contains any requirements. Article 16 (3) of Directive 92/43/EEC and Article 9 (2) of Directive 2009 /147/EC are to be observed. The national governments may also allow exceptions in general by means of a decree law. You may transfer the authorization pursuant to sentence 4 by means of a legal regulation to other national authorities.(8) The Federal Agency for Nature Conservation may, in the case of the introduction from abroad, allow further exemptions from the prohibitions of § 44, under the conditions set out in the second sentence of paragraph 7, sentence 2 and 3 in individual cases, in order to be subject to controlled conditions and in limited circumstances. To enable the rational use of animals and plants of certain species within the meaning of Article 7 (2) (13) (b) and for farmed and artificially propagated animals or plants of these species. unofficial table of contents

§ 46 obligation to proof

(1) the person who is
1.
live animals or plants of the specially protected species, their living or dead forms of development, or essentially completely preserved dead animals or plants of the particularly protected species protected species,
2.
Non-recognizable parts of animals or plants of the strictly protected species or products derived from them without further recognizability or
3.
live animals or plants of species listed in a regulation pursuant to § 54 (4),
, or the actual violence , may not rely on the authorities responsible for nature conservation and the administration of the countryside to be entitled to do so only if, at the request of the authorities, it proves or proves that the animals or plants do not have the right to of their under-protection status as a particularly protected species or prior to their inclusion in a legal regulation in accordance with Section 54 (4).(2) Paragraph 1 shall not apply to products within the meaning of paragraph 1 (2), which are used for personal use or as household goods. In the case of animals or plants which have been acquired as a particularly protected species or before being placed under a legal regulation in accordance with Article 54 (4) and which are used for personal use or as household goods, it is sufficient for animals or plants to be used as household goods instead of the Proof referred to in paragraph 1 shall be the credibility. The credibility shall only be required if the facts justify the assumption that there is no entitlement.(3) Where, in accordance with Article 8 or 9 of Regulation (EC) No 338/97, it is necessary to prove the right to the acts referred to in that Regulation or to have certain documents required for the purpose of verification, the proof in the Regulation referred to in that Regulation shall be in a prescribed manner. unofficial table of contents

§ 47 confiscation

of animals or plants, for which the required proof or the required credibility is not , the authorities responsible for nature conservation and the administration of the countryside may be confisable. § 51 applies accordingly; § 51 (1) sentence 2 applies with the proviso that the submission of a certificate from another independent expert body or person can also be required.

Section 4
Competent Authorities, Animals and Plants

Non-Official Table of Contents

§ 48 Competent Authorities

(1) Enforcement authorities within the meaning of Article 13 (1) of Regulation (EC) No 338/97 and Article IX of the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora are
1.
Federal Ministry for the Environment, Nature Conservation and Nuclear Safety for Transport with other Parties and with the Secretariat (Article IX (2) of the CITES Convention), with the exception of those referred to in point 2 (a) and (c), and Point 4, and for the tasks referred to in Articles 12 (1), (3) and (5), 13 and 15 (1) and (5) and 20 of Regulation (EC) No 338/97,
2.
the Federal Agency for Nature Conservation
a)
for the granting of import and export permits and Certificates of re-export within the meaning of Articles 4 (1) and (2) and 5 (1) and (4) of Regulation (EC) No 338/97 and of any other document within the meaning of Article IX (1) (a) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora as well as for transport with the Secretariat, the Commission of the European Communities and with the authorities of other Contracting States and non-contracting States in connection with the processing of applications for authorisation or in the pursuit of an entry and Export infringements as well as for the tasks referred to in Article 15 (4) (a) and (c) of Regulation (EC) No 338/97,
for the authorisation of exemptions under Article 8 (3) of Regulation (EC) No 338/97 in the case of imports,
c)
for the recognition of establishments in which, within the meaning of Article VII (4) of the Washington, Species protection agreement shall be bred or artificially propagated for commercial purposes and shall be used to report the registration procedure referred to in Article 7 (1) (4) of Regulation (EC) No 338/97 with regard to the Secretariat (Article
d)
the issue of certificates referred to in Articles 30, 37 and 44a of Regulation (EC) No 865/2006 of Commission of 4 May 2006 laying down detailed rules for the application of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 378, 27.10.1997, p. 1), as amended by Regulation (EC) No 100/2008 (OJ L 145, 31.5.2008, p. 3), in the case of import and export,
e)
the registration of caviar packaging establishments in accordance with Article 66 of Regulation (EC) No 865/2006,
f)
for the recovery of live animals and plants collected by the customs offices in accordance with § 51, and for the recovery of the live animals and plants referred to in paragraph 51 of this Article in the case of dead animals and plants, as well as parts thereof, and products thereof, provided that they originate from strictly protected
,
3.
the Federal Customs Administration for the exchange of information with the Secretariat in matters relating to the fight against wildlife crime,
4.
according to the law on nature conservation and nature conservation. Administration of the countryside for all other tasks within the meaning of Regulation (EC) No 338/97.
(2) The Scientific Authority within the meaning of Article 13 (2) of Regulation (EC) No 338/97 is the Federal Agency for Nature Conservation. Non-official table of contents

§ 49 Involvement of customs authorities; authorization to enact legal regulations

(1) The Federal Ministry of Finance and the customs authorities designated by it shall have a bearing on the supervision of the introduction of animals and plants subject to import or export arrangements in accordance with European Community legislation and in the supervision of the holding and possession of such plants and plants, Marketing prohibited under this Chapter in trade in goods with third countries. The customs authorities may, within the framework of the surveillance, pass on to the competent authorities pursuant to § 48 the extent to which there is sufficient evidence that animals or plants are in breach of rules or prohibitions. in the sense of sentence 1.(2) The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to settle the details of the procedure referred to in paragraph 1 without the consent of the Federal Council. in so far as it is necessary, it may also be subject to obligations relating to advertisements, notifications, information and to the performance of ancillary services, as well as to the payment of inspection in commercial documents and other documents and for the purpose of carrying out surveys and inspections; Take charge of free samples and samples.(3) The customs offices in which animals and plants are to be registered for import, export and export pursuant to this Chapter shall be provided by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministry of Finance in the Federal Gazette announced. Special attention should be given to customs offices in which live animals and plants are to be registered. Non-official table of contents

§ 50 Registration required for import, export, export or transfer from third countries

(1) Any animals or plants that have are subject to an import or export scheme adopted by the European Community, or whose movement from a third country is subject to an exemption from the Federal Agency for Nature Conservation, directly from a third country in or through the the scope of this Act spends (import or transit) or from the scope of this Act to a third country (export), has these animals or plants for import, export or export under the submission of the for the entry, by or To notify the export of prescribed permits or other documents in the case of a customs office announced in accordance with § 49 (3) and to perform it on request. On request, the Federal Agency for Nature Conservation may, for reasonable reason, determine a customs office other than the customs office referred to in the first sentence, if it has given its consent and if it does not comply with the legislation.(2) The person performing a single, by-or-performing person shall communicate the estimated time of arrival of live animals to the customs office to be completed, indicating the type and number of animals at least 18 hours prior to arrival. Non-official table of contents

§ 51 Inversion, seizure and confiscation by the customs authorities

(1) Where there is doubt as to whether the movement of animals or plants is subject to regulations or prohibitions within the meaning of Article 49 (1), the customs authority may, at the expense of the person entitled to have the animals or plants, up to the point of clarification of the doubts in the Conserve or commission a third party with the custody; it may also leave the animals or plants to the person entitled to dispose of it, with the imposition of a ban on disposal. In order to clarify the doubts, the customs authority may submit a certificate from an independent expert body or person, recognised by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by the person entitled to it. require that they are not animals or plants belonging to the species or populations belonging to a system of import or export adopted by the European Community or prohibited by the possession and marketing of such animals or plants, in accordance with this Chapter shall be subject to If the doubt proves to be unfounded, the Federation of the authorized person shall reimburse the costs for the procurement of the certificate and the additional costs of the custody.(2) Where it is established at the time of customs supervision that animals or plants are imported, carried out or exported without the required authorisations or other documents, they shall be seized by the customs authority. Seized animals or plants may be left to the person entitled to dispose of it, with the imposition of a ban on disposal. If the required authorisations or other documents are not submitted within one month of the seizure, the customs authority shall assign the confiscation; the time limit may be extended appropriately, up to a total of six Months. Where it is established that they are animals or plants for which an import or export authorisation is not to be granted, they shall be withdrawn immediately.(3) Paragraph 2 shall apply in accordance with the provisions of Article 50 (1) of the Regulation, where it is established that the prohibition of possession and marketing prohibitions is contrary to the provisions of the provisions of paragraph 50 (1).(4) Where animals or plants seized or withdrawn are sold, the proceeds shall be paid to the owner if he proves that he is not aware of the circumstances which caused the seizure or confiscation, without his fault. were. Third parties whose rights are extinguaged by confiscation or divestment shall be compensated for from the proceeds of the proceeds under the conditions set out in the first sentence.(5) Where animals or plants are confiscated or confiscated, the resulting costs, in particular for care, accommodation, transport, return or recovery, shall be imposed on the beneficial person; it may not be determined , they shall be imposed on the shipper, carrier or orderer, if the circumstances in which the seizure or confiscation has been or have been known have been or should have been known.

Section 5
Right of access and access; Fees and Deposits

Non-official table of contents

§ 52 Right of access and access to information

(1) Natural and legal persons, as well as non-legal persons ' associations, shall, on request, give the authorities responsible for the protection of nature and the countryside or the authorities responsible for the protection of the countryside, on request, the information necessary for the implementation of the Acts of the European Community, of this Chapter or of the legislation adopted for its implementation shall be required.(2) Persons in charge of the authorities referred to in paragraph 1 may, in so far as is necessary, within the framework of paragraph 1, premises, buildings, premises, sea installations, ships and means of transport used for the purposes of business or commercial purposes. Contact person during your business and business hours, and inspect the containers and the business documents. The person responsible for the information shall, as far as necessary, assist the authorised persons in the process and shall submit the business documents upon request.(3) § 55 of the Code of Criminal Procedure shall apply accordingly to the person responsible for the information. Non-official table of contents

§ 53 Fees and Deposits; authorization to enact legal regulations

(1) The Federal Agency for Nature Conservation (Bundesamt für Naturschutz) its individually attributable public services in accordance with the provisions of this Chapter and in accordance with the rules laid down in Regulation (EC) No 338/97, as amended, and on the basis of regulations adopted in each case in the the current version of fees and charges.(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Finance, the Federal Ministry of Food, Agriculture and Consumer Protection, and the Federal Ministry for Economic Affairs Economy and technology by means of a legal regulation without the consent of the Federal Council to determine the chargeable facts, the fee rates and the outsourcing of charges, and to provide fixed rates and framework rates in this connection. The outlays to be refunded may be governed by the Federal Fee Act.

Section 6
Appropriations

unofficial table of contents

§ 54 empowerment to enact legal regulations

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to Regulation, with the consent of the Bundesrat, to place certain animal and plant species or populations of such species falling within the scope of Article 7 (2) (13) (13) (a) or (b) under special protection, in so far as it is natural Species that are endangered
1.
within the territory of the country by human access in their herd, or species that are endangered by such species, endangered species or species within the meaning of § 7 (2) (13) (b), or
2.
are endangered in their herd and for which the Federal Republic of Germany is to a large extent responsible.
(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized by law with the consent of the Federal Council,
1.
certain
a)
Tier 1
a), which is protected by paragraph 2 (13) (a) or (b) Plant species listed in Annex B to Regulation (EC) No 338/97,
b)
European bird species
2.
certain other animal and plant species within the meaning of paragraph 1
are to be placed under strict protection, in so far as they are naturally occurring species in the domestic market of They are threatened with extinction or for which the Federal Republic of Germany is responsible to a particularly high degree.(3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to determine, with the consent of the Federal Council,
1.
, which is to be determined by means of a legal regulation. Parts of animals or plants of specially protected species or products obtained from such animals or plants shall be considered to be without further recognizance within the meaning of Article 7 (2) (1) (c) and (d) or (2) (c) and (d)
2.
certain specially protected species or herds of animals or plants of specially protected species, as well as farmed or artificially propagated animals or animals, or To remove, in whole, in part or under certain conditions, the planting of particularly protected species of prohibitions provided for in Article 44, in so far as the protection is not jeopardised and Articles 12, 13 and 16 of Directive 92 /43/EEC, Articles 5 to 7 and 9 of Directive 2009 /147/EC, other acts of the European Community or obligations arising out of international species protection agreements.
(4) The Federal Ministry for the Environment, Nature Conservation and Reactor safety is authorized to determine, with the consent of the Federal Council, invasive animal and plant species for which the prohibitions of § 44 (2) apply, in accordance with Section 44 (3) (2), to the extent that this is necessary in order to: To counteract threats to ecosystems, biotopes or species.(5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in so far as this is necessary for reasons of conservation of species and acts of the European Community not to be contrary to it, by means of a legal regulation with the consent of of the Federal Council
1.
the position or the breeding of animals,
2.
the placing on the market of Animals and plants
certain species and of animals and plants of the species defined in Article 54 (4) of this Regulation shall be prohibited or restricted.(6) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, insofar as this is for reasons of conservation of species, in particular for the fulfilment of the provisions of Article 15 of Directive 92 /43/EEC, Article 8 of Directive 2009 /147/EC or The Internationalon International Trade in Endangered Species of Wild Fauna and Flora (International Convention on International Trade in Endangered Species
is
, by means of a legal regulation
the consent of the possession, placing on the market or use of certain equipment, means or devices with which, in quantities or indiscriminately, wild animals may be killed, combated or captured, or where plants can be combated or destroyed, or by which: local disappearances or other significant impairments of populations of the animal or plant species concerned,
2.
Actions to restrict or prohibit procedures which may result in local disappearance or other significant adverse effects on populations of wild animal or plant species
The first subparagraph of paragraph 1 shall not apply to equipment, means or devices which, under other legislation, require authorisation, provided that the authorisation to take account of the protection of species is to be taken into account.(7) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to adopt, by means of a regulation with the consent of the Federal Council, regulations for the protection of the horseback sites of bird species which are endangered in their stock and in are particularly sensitive to interference and, in particular during certain periods of time and within certain intervals, to prohibit acts which may affect reproduction or rearing. Further protective measures, including the provisions on exemptions and exemptions, shall remain unaffected.(8) In order to facilitate the monitoring of the prohibition of possession and marketing, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to adopt provisions by means of a legal regulation with the consent of the Federal Council.
1.
Recording obligations of those who use or process, sell, buy or sell animals or plants of the particularly protected species acquire, in particular, the subject and scope of the recording obligation, the duration of the retention period for the records and their verification by the nature protection and landscape management system, competent authorities,
2.
the identification of animals and plants of the specially protected species for the detection according to § 46,
3.
the granting of certificates on the lawful purchase of animals and plants for proof in accordance with § 46,
4.
Obligations to display the ownership of
a)
Animals and plants of the specially protected Species,
b)
Animals and plants of the species defined in accordance with Article 54 (4) of the Law.
(9) Legal regulations referred to in paragraph 1 (2) require the Agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, with the Federal Ministry of Transport, Building and Urban Development as well as with the Federal Ministry for Economic Affairs and Technology. The legal regulations referred to in the first sentence of the first paragraph of paragraph 6 and points 1, 2 and 4 of paragraph 8 shall require the agreement of the Federal Ministry for Economic Affairs and Technology. Moreover, in accordance with paragraphs 1 to 8 of the agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, however, in the cases referred to in paragraphs 1 to 6 and 8, the rules of law shall only be subject to the provisions of paragraphs 1 to 8, where they relate to:
1.
Animal species that are subject to hunting or fishing rights
2.
Animal species for the purpose of biological plant protection, or
3.
Plants that are obtained by artificial propagation or can be used for forestry.
(10) National governments are empowered to lay down general requirements for land, forestry and fishing land use in the sense of Section 44 (4) by means of a legislative decree. You may transfer the authorization pursuant to sentence 1 by means of a legal regulation to other national authorities.(11) The Federal Government, with the consent of the Bundesrat, shall adopt general administrative provisions for the implementation of this Act, in particular on
1.
the requirements and conditions under which the compatibility of plans and projects within the meaning of Article 34 (1) is to be presumed,
2.
the requirements and conditions for Deviation decisions within the meaning of § 34 (3) and
3)
3.
the measures necessary to safeguard the link between the Natura 2000 network within the meaning of § 34 paragraph 5.

Footnote

Heading italics: would have to be idF d according to the content summary. Art. 3 No. 1 G v. 28.7.2011 I 1690 mWv 5.2.2012 "authorisation to enact legal regulations and administrative provisions" are unofficial table of contents

§ 55 Implementation of Community or international provisions; authorisation to enact legal orders

(1) Legal orders in accordance with § 54 may also be used for the implementation of acts of the Council or of the Commission of the European Communities communities in the field of species protection or the implementation of international conventions on species protection.(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, by means of a regulation with the consent of the Federal Council, to refer references to provisions in European Community acts in this Act or in the To change the legal regulations pursuant to § 54, insofar as amendments to these acts require it.

Chapter 6
Marine Nature Protection

A non-official table of contents

§ 56 Scope and scope

(1) The provisions of this law also apply in the area of coastal waters, and with the exception of Chapter 2, in accordance with of the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl. In 1994 II p. 1798, 1799; 1995 II p. 602) and the following provisions in the area of the German exclusive economic zone and the continental shelf.(2) In the marine areas referred to in paragraph 1, the declaration of areas to protected parts of nature and landscape within the meaning of Article 20 (2) may also serve to provide related and representative networks of marine protected areas within the meaning of Article 13 (4) of Directive 2008 /56/EC.(3) On the construction and operation of wind turbines in the German exclusive economic zone, which is up to 1. § 15 will not be applied in January 2017. Non-official table of contents

Section 57 Protected marine areas in the area of the German exclusive economic zone and the continental shelf; empowerment on the adoption of legal regulations

(1) The selection of protected marine areas in the area of the German exclusive economic zone and the continental shelf is carried out by the Federal Agency for Nature Conservation, with the involvement of the public Agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety participates in the Federal Ministries of the Federal Republic of Germany and is responsible for the consultation with the neighbouring countries.(2) The Declaration of the Marine Areas to Protected Parts of Nature and Landscape within the meaning of § 20 (2) shall be carried out by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety with the participation of the Federal Ministries subject to the relevant technical requirements by means of a legal regulation which does not require the approval of the Bundesrat.(3) For the selection of territories within the meaning of § 32 (1) sentence 1 and the declaration of territories within the meaning of § 32 (2) to protected parts of nature and landscape within the meaning of Article 20 (2) in the area of the German exclusive economic zone and the continental shelf shall be applied in accordance with § 32, subject to the following points 1 to 5:
1.
Restrictions on air traffic, the navigation of the ship, the The military use and projects of scientific marine research within the meaning of Article 246 (3) of the United Nations Convention on the Law of the Sea shall not be permitted; Article 211 (6) of the Convention The United Nations Convention on the Law of the Sea, as well as the other international regulations relating to shipping, shall remain unaffected.
2.
The reasons for the failure of the United Nations Projects of scientific marine research within the meaning of Article 246 (5) of the United Nations Convention on the Law of the Sea shall remain in compliance with the Law on the Implementation of Scientific Marine Research of 6 July 2008. June 1995 (BGBl. 778, 785), which was last amended by Article 321 of the Regulation of 31 December 2008. October 2006 (BGBl.
3.
Restrictions on fishing are only in accordance with the law of the European Community and in accordance with the conditions laid down by the European Community. Seefish-ereigesetz in the version of the Notice of 6. July 1998 (BGBl. 1791), as last amended by Article 217 of the Regulation of 31 December 1991. October 2006 (BGBl. 2407).
4.
Restrictions on the laying of submarine cables and piping are only in accordance with § 34 and in accordance with Article 56 (3), in conjunction with Article 79 of the United Nations Convention on the Law of the Sea.
5.
Restrictions on energy production from water, Flow and wind, as well as in the search for and extraction of mineral resources are permitted only in accordance with § 34.
Non-official table of contents

§ 58 Competent authorities; charges and levies; authorization to enact legal orders

(1) The implementation of the provisions of this Act, the provisions adopted pursuant to this Act and the provisions of the Environmental damage law with regard to the damage to species and natural habitats and the imminent threat of such damage is the responsibility of the Federal Office of the Federal Republic of Germany in the area of the German exclusive economic zone and the continental shelf. Nature conservation, unless otherwise specified. If the nature and landscape are to be carried out in the area of the German exclusive economic zone or in the area of the continental shelf, an official authorisation or notification to a public authority shall be required or shall be subject to the following conditions: The Authority shall take the decision of the Authority in consultation with the Federal Agency for Nature Conservation.(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety may, in agreement with the Federal Office for the Protection of Nature (Bundesamt für Naturschutz nach Paragraph 1), carry out tasks which are not required by the approval of the Federal Council for the protection of the environment. Federal Ministry of the Interior transferred to the Federal Police Presidium and in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection to the Federal Institute for Agriculture and Food for exercise.(3) The Federal Agency for Nature Conservation charges fees and levies for its public services which can be attributed individually to the German exclusive economic zone and the continental shelf in accordance with the provisions referred to in the first sentence of paragraph 1. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation without the consent of the Federal Council, to charge the chargeable facts, the fee rates and the fees. to determine the amount of the outsourcing and to provide fixed rates and framework rates. The costs to be reimbured may be regulated by way of derogation from the Federal Fee Act. § 53 remains unaffected.

Chapter 7
Recovery in Nature and Landscape

Non-tamous Contents

§ 59 Enter the free landscape

(1) Enter the free landscape on roads and roads as well as on unused land for the purpose of recreation is permitted (general principle). (2) Entering the Waldes is governed by the federal forest law and the forest laws of the Länder, as well as by the other state law. In particular, other types of use may, in whole or in part, be equivalent to entering and entering, for important reasons, in particular those relating to nature protection and the maintenance of the countryside, the field protection and the country and Forestry management, for the protection of recreation seekers, for the avoidance of significant damage or for the maintenance of other legitimate interests of the property owner.

Footnote

§ 59 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. Article 26 (1) sentence 2 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365) Non-official table of contents

§ 60 Liability

The free landscape is subject to your own risk. No additional due diligence or traffic safety obligations will be justified by the authority to enter into the agreement. In particular, there is no liability for typical dangers arising from nature. Non-official table of contents

§ 61 Free movement of waterways and waterways

(1) In the outdoor area, federal waterways and waters may be Regulations and standing bodies of water with a size of more than 1 hectare at a distance of up to 50 metres from the shoreline are not constructed or substantially modified. By way of derogation from the first sentence, a distance of at least 150 metres from the central waterline on the North Sea and from the waterline on the Baltic Sea shall be observed on the coastal waters. Further provisions of the Länder shall remain unaffected.(2) Paragraph 1 shall not apply to
1.
Construction assets that were legally established or approved at the date of entry into force of this law
2.
constructional equipment used in the exercise of water-law permits or permits, or for the purpose of monitoring, management, maintenance or extension of a
3.
3.
Public transport installations, including anceside equipment and accessories, the rescue system, the coasts, and the sea. High-water protection and defence.
Further regulations of the Länder concerning exceptions remain unaffected.(3) An exemption may be granted on application from the prohibition provided for in paragraph 1, if
1.
means the adverse effect on the natural environment arising from the construction of the building. or of the landscape, in particular with regard to the function of the waters and their riverside areas, or can be ensured by appropriate measures, or
2.
this is necessary for reasons of overriding public interest, including such a social or economic nature; in this case, § 15 accordingly.

Footnote

§ 61 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 35 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 61 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 29 of the Nature Protection Execution Act (NatSchAG M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1621)
§ 61 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 15 of the Hamburgische Gesetz zur Execution des Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) Non-official table of contents

§ 62 Provision of land

The federal government, the Länder and other legal entities of the public In the case of property or property, on the right, land which, according to its natural nature, is suitable for the recovery of the population or which allows or facilitates access of the general public to such land, shall be placed on the right of , to the extent that this is compatible with sustainable use and the other objectives of nature conservation and the maintenance of the countryside, and to the extent that it does not preclude public earmarking.

footnote

§ 62 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 37 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)

Chapter 8
Participation of recognised nature protection associations

Non-official Table of contents

§ 63 Co-operative rights

(1) A union recognised by the Confederation in accordance with § 3 of the Environmental Law Enforcement Act, which, in accordance with its statutory remit, focuses on the objectives of nature protection and of the Support for landscape conservation (recognised nature conservation association), is an opportunity to give an opinion and to consult the relevant expert reports
1.
in the preparation of regulations and other laws in rank under the law in the field of nature conservation and landscape management by the Federal Government or the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety,
2.
prior to the granting of exemptions from bids and prohibitions for the protection of protected marine areas within the meaning of Section 57 (2), even if they are included or replaced by another decision,
3.
in planning procedures; which are carried out by federal authorities or in the area of the German exclusive economic zone and the continental shelf by the authorities of the Länder, in the case of projects involving intervention in nature and the countryside ,
4.
in the case of planning authorisations issued by the federal authorities and replaced by a plan determination within the meaning of point 3, if a 'public participation shall be provided for'
to the extent that it is affected by the project in its statutory remit.(2) A Nature Conservation Association recognised by a country in accordance with Section 3 of the Environmental Law Enforcement Act, which operates nationwide in accordance with its statutes, shall be given the opportunity to comment and to consult the relevant expert opinions.
1.
in the preparation of regulations and other regulations in rank under the law of the authorities responsible for nature conservation and landscape management the countries,
2.
in the preparation of programs and plans within the meaning of § § 10 and 11,
3.
in the preparation of plans within the meaning of § 36 sentence 1, point 2,
4.
in the preparation of Programmes of state and other public authorities for the resettlement of animals and plants of displaced wild species in the wild,
5.
before the Exemption of bids and prohibitions on the protection of territories within the meaning of § 32 (2), Natura 2000 sites, nature reserves, national parks, national natural monuments and biosphere reserves, even if they are protected by another Decision included or replaced,
6.
in a plan determination procedure, if it is a project in the territory of the recognizing country that is involved in the decision connected in nature and landscape,
7.
in the case of planning authorisations, which replace a plan determination within the meaning of point 6, if a Public participation,
8.
in further procedures for the execution of national regulations, if the country law provides for this,
to the extent that: It shall be affected by the project in its statutory remit.(3) § 28 (2) (1) and (2), (3) and § 29 (2) of the Administrative Procedure Act shall apply accordingly. A content-identical or further form of participation prescribed in other federal or state legislation remains unaffected.(4) Countries may determine that, in cases where effects on nature and landscape are not or are to be expected only to a minor extent, participation may be waited.

footnote

§ 63 para. 2 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by § 38 (1) sentence 2 and Paragraph 5, sentence 3 d. Lower Saxony Implementing Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 63 para. 2 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 21 (1) and (1) 2 d. Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93); amended derogation by Section 21 (1) (4) (d). Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402, as amended by Art. 2 G v. 2.12.2013 HmbGVBl. See 484, mWv. 7.12.2013 (cf. BGBl. I 2015, 123)
§ 63 para. 2 idF d. G v. 29.7.2009 I 2542: Berlin deviation by § 45 para. 1 d. Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2830)
§ 63 para. 2 no. 8 idF d. G v. 29.7.2009 I 2542: Saxony deviation by § 56 d. Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 63 para. 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 40 para. 3 d. National Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Unofficial table of contents

§ 64 remedies

(1) A recognised nature conservation association, in so far as § 1 (3) of the Environmental law in law not preclude without being infringed on its own right, appeal in accordance with the administrative court order against decisions pursuant to § 63 (1) (2) to (4) and (2) number 5 to 7 if the Association
1.
asserts that the decision is subject to the provisions of this law, legislation enacted or continued under this law, National law on nature protection or other legislation which must be taken into account in the decision and which at least is intended to serve as a means of serving nature conservation and the maintenance of the countryside,
2.
in its statutory tasks and activities, as far as the recognition is related to it, is touched and
3.
was entitled to participate pursuant to § 63 (1) (2) to (4) or (2) (5) to (7) and has expressed itself on the matter or did not give it an opportunity to express its views .
(2) § 1 (1) sentence 4, § 2 (3) and 4 sentence 1 of the Environmental Law Enforcement Act shall apply accordingly.(3) Countries may also allow legal remedies of recognised nature conservation associations in other cases where participation is provided for in accordance with Article 63 (2) (8).

Chapter 9
Condominiation, Liberations

Non-official table of contents

§ 65 Duldobligation

(1) Owner and other authorized users of land Measures of nature conservation and of the maintenance of the countryside have, on the basis of the provisions of this law, have to be tolerated by legislation which has been enacted or continued under this law, or by the law of the countries in which they are protected, in so far as this is the case The use of the property is not unacceptably impaired. Further regulations of the Länder remain unaffected.(2) Prior to the implementation of the measures, the beneficiaries shall be notified in an appropriate manner.(3) The power of the staff and agents of the nature conservation authorities to enter land for the performance of their duties is governed by the law of the country.

footnote

§ 65 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 48 para. 2 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) (LNatSchG)) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) unofficial table of contents

§ 66 pre-emption right

(1) The countries are entitled to pre-emption rights on land,
1.
located in National Parks, National Natural Monuments, Nature Reserve, or as such temporarily secured areas,
2.
on which natural monuments or as such dustproof items are located,
3.
In the case of a part of the land, the right of pre-emption shall apply only to that part.
For the characteristics of the first sentence of 1 to 3, only in part of the land. The owner may request that the advance purchase extends to the entire property if he/she is not economically responsible for the further whereabout in his property.(2) The right of pre-emption rights may only be exercised if this is necessary for reasons of nature protection and the maintenance of the countryside, including the provision of recreational services.(3) The pre-emption right does not require entry in the land register. Legal business and state-of-the-art pre-emption rights, with the exception of those in the areas of land transport and settlement systems, are in place. In the case of a property acquisition on the basis of the exercise of the right of pre-emption, pre-emption rights based on legal business shall be extingutised. § § 463 to 469, 471, 1098, paragraph 2, and § § 1099 to 1102 of the Civil Code shall apply. The right of pre-emption does not extend to a sale, which is made to a spouse, registered partner or a relative first degree.(4) The right of pre-emption rights may also be exercised by the countries on request in favour of bodies and foundations of public law and recognised nature conservation associations.(5) Differing regulations of the Länder shall remain unaffected.

footnote

§ 66 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 50 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 66 idF d. G v. 29.7.2009 I 2542: Saxony-deviation by § 36 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 Saxon GVBl. 321, as last amended by Article 17 of the G v. 15.12.2010 Saxon GVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 66 idF d. G v. 29.7.2009 I 2542: Berlin-Deviation by Section 53 of the Berlin Nature Conservation Act (NatSchG Bln) v. 29.5.2013 GVBl. BE S. 140 mWv 9.6.2013 (cf. BGBl. I 2013, 2830)
§ 66 para. 1, 3 u. 4 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 34 para. 1, 2 u. 5 of the Nature Protection Execution Act (NatSchAG M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1622) Non-official table of contents

§ 67 Liberations

(1) From the bids and prohibitions of this law, in a legal decree on the basis of the § 57 and under the law of nature of the countries, exemption may be granted upon application if
1.
for reasons of overriding public interest, including: of such a social and economic nature, or
2.
the implementation of the rules in individual cases would lead to an unreasonable burden, and the In the context of Chapter 5, sentence 1 applies only to § § 39 and 40, 42 and 43.
(2) From the prohibitions of § 33 (1) sentence 1 and § 44 as well as of bids and prohibitions within the meaning of section 32 (3), exemption may be granted upon application if the implementation of the regulations in individual cases leads to an unreasonable burden Would. In the case of the introduction of animals or plants from abroad, the exemption is granted by the Federal Agency for Nature Conservation.(3) The exemption may be accompanied by secondary provisions. § 15 (1) to (4) and (6) and § 17 (5) and (7) shall also apply if there is no intervention in nature and landscape within the meaning of § 14.

footnote

§ 67 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 52 of the Landesnaturschutzgesetz (LNatSchG) Landesnaturschutzgesetz) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 67 idF d. G v. 29.7.2009 I 2542: Rhineland-Palatinate-Deviation by the Land Law on the State Treaty between the Land of Rhineland-Palatinate and the Saarland on the establishment and maintenance of the Hunsrück-Hochwald National Park (National Park Act Hunsrück-Hochwald) v. 4.2.2015 iVm § 16 of the State Contract Law and Regulation Sheet for the Land of Rhineland-Palatinate of 12.2.2015, page 2 and of 15.5.2015, page 68, mWv 1.3.2015 (cf. BGBl. I 2015, 1423)
§ 67 idF d. G v. 29.7.2009 I 2542: Saarland-derogation by Law No 1842 on the agreement to the State Treaty between the Land of Rhineland-Palatinate and the Saarland on the establishment and maintenance of the Hunsrück-Hochwald National Park (Nationparkgesetz Hunsrück-Hochwald) v. 12.11.2014 Official Journal of the Saarland, Part I of 19.2.2015 Page 170, as last amended by Law No 1858 amending the National Park Act Hunsrück-Hochwald of 20.5.2015 iVm § 16 of the State Treaty, Official Journal of the Saarland, Part I of 25.6.2015 Page 376, mWv 1.3.2015 (cf. BGBl. I 2015, 1424)
§ 67 para. 1 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 23 (3) and 4 of the Bavarian Nature Conservation Act (BayNatSchG) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 67 (1) and 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt-Deviation by § 9 sentence 1 of the Nature Protection Act of the State of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA p. 569 mWv 17.12.2010 (cf. BGBl. I 2011, 30)
§ 67 para. 3 sentence 2 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by § 41 (2) of the Lower Saxony Implementing Act to the Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970) Non-official table of contents

§ 68 Restrictions on ownership; compensation and compensation

(1) The provisions of this law, legislation enacted or continued under this law, or the nature of the nature of the nature of the nature of the country, result in an unreasonable burden on a case-by-case basis, which is not caused by other laws. Measures to be remedied, in particular by granting an exemption or exemption, must be provided for adequate compensation.(2) The compensation shall be paid in cash. It can exist in recurring services. The owner may request the acquisition of a property if he/she is not economically responsible for the further whereabout in his property. The details will be governed by the law of the country.(3) The expropriation of land for the good of the general public for reasons of nature conservation and the maintenance of the landscape is governed by national law.(4) Countries may provide that property owners and persons entitled to use, to which, by reason of provisions of this law, legislation which has been enacted under this Act or to continue, or nature conservation law of the countries, , in particular, the use of land, forestry and fisheries, without compensation under paragraphs 1 to 3, shall be made substantially more difficult, upon request, in accordance with the conditions laid down in the relevant provisions of the Treaty. Budget law can be paid.

footnote

§ 68 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 54 para. 1 of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 68 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 20 of the Hamburgische Gesetz zur Execution des Federal Nature Protection Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
§ 68 (1) and 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 36 (1) of the Nature Conservation Act (NatSchAG) M-V) v. 23.2.2010 GVOBl. M.-V. 66 mWv 1.3.2010 (cf. BGBl. I 2010, 1622)

Chapter 10
Penal and Penal Provisions

Non-official table of contents

§ 69 Rules for fines

(1) are in breach of the law, who knowingly worries a wild animal in violation of § 39 (1) (1).(2) An administrative offence is who
1.
imposes a wild-living animal against § 44 (1) (1)), catches, injured or kills, or forms its forms of development from the Nature takes, damaged or destroyed,
2.
contrary to § 44, paragraph 1, point 2, a wild animal interferes significantly,
3.
contrary to § 44, paragraph 1, point 3, a reproduction or resting place from nature is taken, damaged or destroyed or
4.
contrary to § 44, paragraph 1, point 4, a wild plant or its forms of development are taken out of nature or damaged or destroyed by nature.
(3) In violation of the law, who intentionally or negligently undertakes
1.
without permission in accordance with § 17, paragraph 3, sentence 1, an intervention in nature and landscape,
2.
a workable arrangement according to § 17, paragraph 8, sentence 1 or sentence 2, § 34, paragraph 6, sentence 4 or sentence 5, § 42, paragraph 7, or paragraph 8, sentence 1 or sentence 2, even in conjunction with § 43 paragraph 3 Sentence 4, or § 43, paragraph 3, sentence 2 or sentence 3 is contrary,
3.
contrary to § 22, paragraph 3, sentence 3, an act or measure referred to there,
4.
contrary to § 23 (2) sentence 1 in conjunction with a legal regulation pursuant to § 57 (2), an act or measure referred to there in a marine area, which is considered as Protected nature reserve,
5.
contrary to § 30, paragraph 2, sentence 1, a biotope referred to there destroyed or otherwise significantly affected,
6.
contrary to § 33, Paragraph 1, Sentence 1, also in conjunction with paragraph 2, sentence 1, a change or disorder,
7.
contrary to § 39, paragraph 1, point 1, a wild animal without a reasonable reason catches, injs, or kills,
8.
contrary to § 39, paragraph 1, point 2, a wild plant without a reasonable reason takes, uses, or otherwise devastates or otherwise devastates them,
9.
contrary to § 39, paragraph 1, point 3, a habitat of wild animals or plants is significantly impaired or destroyed for no reasonable reason,
10.
contrary to § 39, paragraph 2, sentence 1, a wild animal or a wild plant is taken from nature,
11.
without authorization pursuant to § 39 paragraph 4 sentence 1, a wild-living plant is commercially available or processed or processed,
12.
contrary to § 39, paragraph 5, sentence 1, point 1, the floor cover is burnt or treated as a surface area,
13.
contrary to § 39, paragraph 5, sentence 1, point 2, a tree cut a hedge, a living fence, a bushes or another tree, or put on the stick,
14.
counter to § 39, paragraph 5, sentence 1, point 3, a reed reseer,
15.
contrary to § 39, paragraph 5, sentence 1 Number 4 gives a trench there,
16.
contrary to § 39, paragraph 6, a cave, a tunnel, an earth cellar, or a similar space,
17.
without permission according to § 40, paragraph 4, sentence 1, a plant of a non-resident species or an animal spends,
18.
without approval pursuant to § 42, paragraph 2, sentence 1 a zoo is built, expanded, substantially modified or operated,
19.
contrary to § 43, paragraph 3, sentence 1, an ad not correct, not correct, not fully or not timely,
20.
contrary to § 44 (2), first sentence, point 1, also in conjunction with Section 44 (3) (1) or (2) thereof, in conjunction with a legal regulation pursuant to § 54 (4), an animal, an animal, Plant or goods in possession or custody has, in possession or custody has, or has been treated or processed,
21.
contrary to § 44 (2) sentence 1, point 2, also in a connection with Section 44 (3) (1) or (2), which, in conjunction with a legal regulation pursuant to Article 54 (4), sells, sells, offers for sale or purchase, sells or sells a plant or a product for sale, or carries it, Exchange or use for commercial purposes, display or otherwise use, for commercial purposes,
22.
contrary to § 50 In the first sentence of paragraph 1, an animal or plant does not report correctly or in time for import or export, or does not present it in time, or not in time,
23.
contrary to § 50, paragraph 2, a notice is not, not correct, not complete or not timely,
24.
contrary to § 52, paragraph 1, an information is not, not correct, not complete or not given in time,
25.
contrary to § 52, paragraph 2, sentence 2, an authorized person does not support or a business document is not, not correct, not complete or not in good time ,
26.
, contrary to § 61, paragraph 1, sentence 1, or sentence 2, of a building site, or substantially changes, or
27.
a legal ordinance after
a)
§ 49 paragraph 2,
b)
§ 54 paragraph 5,
c)
§ 54 paragraph 6 sentence 1, paragraph 7 or paragraph 8
or a fully-available An arrangement contrary to such a regulation, insofar as the legal regulation refers to this fine law for a certain amount of the facts.
(4) is contrary to Council Regulation (EC) No 338/97 (4) of 9. 1 December 1996 on the protection of species of wild fauna and flora by monitoring trade (OJ L 327, 28.12.1996, p. OJ L 61, 3.3.1997, p. 1, L 100, 17.4.1997, p. 72, L 298, 1.11.1997, p. 70, L 113, 27.4.2006, p. 26), as last amended by Regulation (EC) No 318/2008 (OJ L 378, 27.12.2008, p. 3), by intentionally or negligently
1.
contrary to the first sentence of Article 4 (1) or (2), first sentence, or Article 5. (1) or (4), first sentence, an import authorisation, an export authorisation or a re-export certificate, not correctly, not fully or not in good time,
2.
contrary to Article 4, paragraph 3, paragraph 1 or paragraph 4, an import notification not, not correct, not complete or not in good time,
3.
contrary to Article 8 (1), also in conjunction with paragraph 5, which purchases a copy of a type mentioned in that article, offers for sale, purchases for commercial purposes, or , or sells, offers, or carries out a copy for sale or for sale or
4.
a fully-fledgable condition pursuant to Article 11 (3) sentence 1 .
(5) is contrary to Council Regulation (EEC) No 3254/91 of 4 June 1991 on the protection of the environment and the environment. The Council adopted a resolution on the prohibition of leghold traps in the Community and imports of fur and goods from certain wild animal species from countries which do not use fishing methods for leghold traps or international humane trapping standards (OJ L 327, 22.12.1991, p. 1), by intentionally or negligently using
1.
contrary to Article 2, using a leghold trap, or
2.
contrary to the first sentence of Article 3 (1), a fur of an animal species referred to therein or a product named therein spends into the community.
(6) The administrative offence can be found in the Cases referred to in paragraphs 1 and 2 of paragraph 3, points 1 to 6, 18, 20, 21, 26 and 27 (b), points 1 and 3 of paragraph 4 and paragraph 5, with a fine of up to fifty thousand euro, in other cases with a fine of up to ten thousand euros. can be punished.(7) Countries may, by law, determine that any other illegal and reprehensible acts that are contrary to the provisions of this law or legislation enacted or continued under this law shall be deemed to be:

footnote

§ 69 para. 3 no. 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 43 (1) of the Niedersächsische Execution Act (Niedersächsische Execution Act) Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 69 para. 3 no. 5 idF d. G v. 29.7.2009 I 2542: Lower Saxony deviation by § 43 (2) of the Niedersächsische Execution Act Federal Nature Protection Act (NAGBNatSchG) v. 19.2.2010 Nds. GVBl. See 104 mWv 1.3.2010 (cf. BGBl. I 2010, 970)
§ 69 para. 3 no. 19 and 26 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 57 (1) of the Land Nature Protection Act (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Non-official table of contents

§ 70 Managing Authority

Administrative authority within the meaning of Section 36 (1) (1) of the Act on Irregularities are
1.
the Federal Agency for Nature Conservation in the cases
a)
of § 69 (3) (20) and (21) and (4) (3) in the case of acts relating to imports into or from the Community of exports to or from the Federal Republic of Germany,
b)
§ 69, paragraph 3, point 24 in the event of violations of the obligation to provide information to the Federal Office,
c)
of § 69 Paragraph 3 (25) and (4) (4) for measures taken by the Federal Office (Bundesamt),
(d)
§ 69 (4) (1) and (5) (2),
e)
of other administrative offences pursuant to § 69 (1) to (5), committed in the area of the German exclusive economic zone or the continental shelf
2.
the responsible principal customs office in the cases of § 69 (3) (22), (23) and (27) (a) and (4) (2),
3.
in all other cases, the authority responsible for national law.
Table of Contents

§ 71 Criminal Provisions

(1) Imprisonment of up to five years or a fine will be punished for who is one in
1.
§ 69 Paragraph 2 or
2.
§ 69 Paragraph 3 Number 21, paragraph 4, point 1 or paragraph 5
a deliberate act which relates to an animal or a plant of a strictly protected species.(2) It shall also be punished who, contrary to Article 8 (1) of Regulation (EC) No 338/97 of the Council of 9 November 1997, 1 December 1996 on the protection of species of wild fauna and flora by monitoring trade (OJ L 327, 28.12.1996, p. 1), as last amended by Regulation (EC) No 398/2009 (OJ L 344, 27.3.2009, p. 5), a copy of a type
1.
referred to in Annex A has been sold; purchases, offers for sale or purchase, or holds or carries in stock for sale or purchase, or purchases
2.
for commercial purposes; or .
(3) Any person who, in the cases referred to in paragraphs 1 or 2, has a professional or habitual residence shall be punished with imprisonment of three months to five years.(4) In the cases referred to in paragraphs 1 or 2, if the offender does not negligently recognise that the act relates to an animal or a plant of a species mentioned there, the penalty shall be a custodial sentence of up to one year or a fine. Non-official table of contents

§ 71a Penal rules

(1) Imprisonment of up to three years or a fine is punishable by a person who is
1.
contrary to § 44 (1) (1), a wild animal of a particularly protected kind, referred to in Article 4 (2) or Annex I to Directive 2009 /147/EC of the European Parliament and of the Council of 30 June 2009, on the conservation of wild birds (OJ L 327, 22.12.2009, p. 7), it kills or departs its forms of development from nature,
2.
contrary to § 44 (2), first sentence, point 1, an animal or takes a plant in possession or custody, has possession or custody, or is processing or processing the
, the
a)
of a strictly protected nature, listed in Annex IV to Council Directive 92 /43/EEC of 21 June 1992. May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 327, 28.5.1992, p. 7), as last amended by Directive 2006 /105/EC (OJ L 206, 22.7.2006, p. 368),is listed in
4 (2) or
I of the Directive
is listed in Article 4 (2) of the Directive. 2009 /147/EC,
3.
an intentional act referred to in § 69 (2), 3 (21), (4) (1) or (5), or (
)shall also be punished who, contrary to Article 8 (5), in conjunction with paragraph 1 of Regulation (EC) No 338/97, a copy of a type referred to in Annex B style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
sells, buys, offers for sale or purchase, or holds or carries in stock for sale or
2.
acquires, display or use for commercial purposes.
(3) Discovers the perpetrator in the cases referred to in paragraph 1 (1) or (2), or (2), or In the light of paragraph 2, if the action relates to an animal or a plant of a species referred to in that paragraph, the penalty shall be punishable by a sentence of up to one year or a fine.(4) The deed shall not be punishable under paragraph 1 (1) or (2), (2) or (3) if the act affects an insignificant quantity of the specimens and has an insignificant impact on the conservation status of the species. unofficial table of contents

§ 72 confiscation

is an administrative offence pursuant to § 69 (1) to (5) or a criminal offence pursuant to § 71 or § 71a ,
1.
Objects to which the offence or the administrative offence relates, and
2.
Items that have been used or determined to be served or prepared
. § 23 of the Law on Administrative Offences and Section 74a of the Criminal Code are to be applied. Non-official table of contents

§ 73 Powers of the customs authorities

The competent administrative authorities and the public prosecutor's office may, within the framework of their Jurisdiction to investigate criminal offences or administrative offences under this law shall also be carried out by the main offices or authorities of the customs service and their officials. Section 21 (2) to (4) of the Foreign Trade Act applies accordingly.

Chapter 11
Transiting and Passing Rules

unofficial table of contents

§ 74 Transient and Transition Regulations

(1) Before the 1.
German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMWB
, in accordance with § 59 of the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMD), has concluded that the procedure for the recognition of clubs
in Federal Nature Protection Act in the up to the 28th February 2010,
2.
by the competent authorities of the Länder in accordance with the provisions of § 60 (1) and (3) of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the up to the 28th
February 2010)(2) Before the 3. The administrative procedures begun in April 2002 are to be completed in accordance with Section 29 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version currently in force until that date. Before the 1. The administrative procedures begun in March 2010 are to be completed in accordance with § 58 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version valid up to that date.(3) § § 63 and 64 shall also apply to associations which are in accordance with § 29 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the up to 3. § 60 (1) and § 60 (1) and (3) of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the up to 1. 74 (3) of the Act of March 2010, as amended by the Federal Government or the Länder, have been recognised in the following terms

G v. 29.7.2009 I 2542: Hamburg deviation by § 21 para. 1 d. Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93); amended derogation by Section 21 (1) (4) (d). Hamburgische Gesetz zur Execution des Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402, as amended by Art. 2 G v. 2.12.2013 HmbGVBl. See 484, mWv. 7.12.2013 (cf. BGBl. I 2015, 123)