Law on Nature Conservation and Landscape Management (Bundesnaturschutzgesetz-BNatSchG)

Unofficial table of contents

BNatSchG

Date of completion: 29.07.2009

Full quote:

" Bundesnaturschutzgesetz vom 29. Juli 2009 (BGBl. 2542), as defined by Article 421 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status:	Last amended by Art. 4 Abs. 100 G v. 7.8.2013 I 3154
Note:	Amendment by Art. 421 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.2010 + + +) 

  

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

Content Summary

Chapter 1General provisions

§ 1	Objectives of nature conservation and landscape management
§ 2	Achieving the objectives
§ 3	Responsibilities, tasks and powers, contractual arrangements, cooperation between authorities
§ 4	Functional securing of surfaces for public purposes
§ 5	Agriculture, forestry and fisheries
§ 6	Observation of nature and landscape
§ 7	Definitions

Chapter 2Landscape Planning

§ 8	General principle
§ 9	Tasks and contents of the landscape planning; empowerment to enact legal regulations
§ 10	Landscape programmes and landscape plans
§ 11	Landscape plans and land-use plans
§ 12	Cooperation between countries in planning

Chapter 3General protection
by nature and landscape

§ 13	General principle
§ 14	Interventions in nature and landscape
§ 15	Polluters ' duties, inadmissibility of intervention; authorisation to enact legal regulations
§ 16	Storage of compensation measures
§ 17	Procedure; authorisation to enact legal regulations
§ 18	Relationship to building law
§ 19	Damage to certain species and natural habitats

Chapter 4Protection of certain parts
by nature and landscape
Section 1Biotope network and biotope network;
protected parts of nature and landscape

§ 20	General principles
Section 21	Biotope network, biotope network
Section 22	Declaration on the protected part of nature and landscape
Section 23	Nature reserves
§ 24	National Parks, National Natural Monuments
Section 25	Biosphere Reserves
Section 26	Landscape protection areas
§ 27	Nature Parks
§ 28	Natural monuments
§ 29	Protected landscape components
§ 30	Legally protected biotopes

Section 2Network "Natura 2000"

Section 31	Establishment and protection of the Natura 2000 network
Section 32	Protected areas
§ 33	General protection rules
Section 34	Compatibility and inadmissibility of projects; exceptions
§ 35	Genetically modified organisms
§ 36	Plans

Chapter 5Protection of the wild
animal and plant species,
of their habitats and biotopes Section 1General provisions

Section 37	Tasks of species protection
§ 38	General rules for the protection of species, habitats and biotopes

Section 2General species protection

§ 39	General protection of wild animals and plants; empowerment to enact legal orders
§ 40	Non-native, non-invasive and invasive species
Section 41	Bird protection on energy-free lines
§ 42	Zoos
Section 43	Animal enclosures

Section 3Special species protection

Section 44	Rules for particularly protected and certain other animal and plant species
§ 45	Exceptions; empowerment to enact legal orders
Section 46	Accountability
§ 47	Recovery

Section 4The competent authorities,
Spending of animals and plants

§ 48	Competent authorities
§ 49	Participation of the customs authorities; authorisation to enact legal orders
§ 50	Obligation to declare the import, export and export or transfer from third countries
Section 51	Inversion, seizure and confiscation by the customs authorities

Section 5Right-to-access and access rights;
Fees and expenses

Section 52	Information and access rights
Section 53	Fees and expenses; authorisation to enact legal regulations

Section 6Ermts

§ 54	Authorisation to enact laws, regulations and administrative provisions
§ 55	Implementation of Community or international rules; authorisation to enact legal regulations

Chapter 6Marine Nature Conservation

§ 56	Scope and scope
Section 57	Protected marine areas in the area of the German exclusive economic zone and the continental shelf; empowerment for the adoption of legal regulations
Section 58	Competent authorities; fees and levies; authorisation to enact legal regulations

Chapter 7Recovery in nature and landscape

§ 59	Entering the free landscape
§ 60	Liability
Section 61	Free-keeping of waters and coastal zones
Section 62	Provision of land

Chapter 8Participation of recognised
Nature protection associations

§ 63	Participation rights
Section 64	Remedies

Chapter 9Property Rights, Liberation

Section 65	Duty to Duly
Section 66	Pre-emption law
Section 67	Exemptions
Section 68	Restrictions on ownership; compensation and compensation

Chapter 10Penal and Penal Code

Section 69	Fines
Section 70	Managing Authority
Section 71	Criminal provisions
Section 71a	Criminal provisions
Section 72	Recovery
Section 73	Powers of the customs authorities

Chapter 11Transition and Transition Regulation

Section 74

Transitional and transitional arrangements

Chapter 1
General provisions

Unofficial table of contents

§ 1 Objectives of nature conservation and the maintenance of the countryside

(1) Nature and landscape are, on the basis of their own value and as the basis for life and health of man, also in responsibility for future generations in the populated and unpopulated area, in accordance with the following paragraphs. to protect

1.

biodiversity,

2.

the performance and operability of the natural household, including the ability to regenerate and sustainable use of the natural resources, and

3.

the diversity, nature and beauty as well as the recreational value of nature and landscape

(2) In order to ensure a lasting protection of biodiversity, the protection of nature and the countryside (general principle) is also included in the protection of the environment. the degree of risk in particular

1.

to maintain viable populations of wild animals and plants, including their habitats, and to facilitate the exchange between populations, as well as migration and resettlement,

2.

To counteract hazards of naturally occurring ecosystems, biotopes and species,

3.

To preserve communities and biotopes with their structural and geographical characteristics in a representative distribution, and to leave certain parts of the landscape to natural dynamics.

(3) In order to ensure a lasting protection of the performance and operability of the natural environment,

1.

to protect the spatially definable parts of its impact structure with regard to the defining biological functions, substance and energy flows as well as landscape structures; natural goods that do not renew themselves are to be used sparingly and gently; renewing natural goods may only be used in such a way as to be available in the long term,

2.

to obtain soils in such a way that they can fulfil their function in the natural environment; no more used sealed surfaces are to be renaturated or, in so far as unsealing is not possible or is not reasonable, to leave the natural development to the left,

3.

to preserve marine and inland waters against adverse effects and to maintain their natural self-inability and dynamism, in particular in the natural and natural waters, including their banks, oenas and other waters; Retention areas; flood protection also has to be carried out by natural or natural measures; for the prevention of groundwater protection as well as for a balanced rainfall outflow budget is also due to measures of nature conservation and the To ensure the maintenance of the countryside,

4.

to protect air and climate also by measures of nature protection and landscape management, in particular for areas with favourable air-hygiene or climatic effects, such as fresh and cold-air areas or tramways; The development of a sustainable energy supply, in particular through the increasing use of renewable energies, is of particular importance,

5.

wild animals and plants, their communities as well as their biotopes and habitats should also be preserved in terms of their respective functions in the natural environment;

6.

the development of self-regulating ecosystems on suitable areas of space and time.

(4) In order to ensure lasting protection of the diversity, nature and beauty as well as the recreational value of nature and landscape,

1.

Preserve natural landscapes and historically grown cultural landscapes, including with their cultural, construction and soil monuments, before embezzling, urban sprawl and other impairments,

2.

For the purpose of recreation in the open countryside, according to their nature and location, suitable areas must be protected and made accessible, especially in the area close to settlement and in the area close to settlement.

(5) Large-area, largely uncut areas of the landscape 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. (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, standing waters, natural habitats and horticultural and agriculturally used areas are to be preserved and where they are not sufficiently large Dimensions are available, new to create.

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) Unofficial table of contents

§ 2 Implementation of the objectives

(1) Everyone should be able to contribute to the achievement of the objectives of nature conservation and the maintenance of the countryside and behave in such a way that nature and the landscape are no longer unavoidably affected in the circumstances. (2) In the context of their competence, federal and state authorities have to support the achievement of the objectives of nature conservation and the maintenance of the countryside. (3) The objectives of nature conservation and the maintenance of the countryside must be achieved in so far as the objectives of the protection of nature and the environment are to be achieved. Individual cases are possible, necessary and subject to consideration of all the results arising from § 1 (1) (4) In the management of land owned or owned by the public authorities, the objectives of the protection of nature and the environment are to be met by the public authorities. (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 shall be undertaken, in particular, by the protection of the cultural and natural heritage within the meaning of the Convention of 16 November 1972 on the protection of the cultural and natural heritage of the world (BGBl. 213, 215). (6) The general understanding of the objectives of nature conservation and the maintenance of the countryside is to 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 arrangements, cooperation between authorities

(1) The authorities responsible for nature conservation and the maintenance of the countryside within the meaning of this Act are:

1.

the competent authorities in accordance with the national law on nature conservation and the maintenance of the countryside; or

2.

The Federal Agency for Nature Conservation, to the extent that responsibilities are assigned to it under this Act.

(2) The authorities responsible for nature conservation and the administration of the countryside shall monitor compliance with the provisions of this Act and the provisions adopted pursuant to this Act and shall, at the discretion of the person concerned, take the necessary measures in individual cases. (3) In the case of measures relating to the protection of nature and the maintenance of the countryside, it is to be examined as a matter of priority whether the purpose is also due to a contractual nature. (4) With the implementation of landscape-based and -design measures, the competent authorities should, where possible, agricultural and forestry undertakings, associations in which municipalities or associations of municipalities, farmers and associations, focusing on the objectives of nature conservation, and to promote the maintenance of the landscape, are represented on an equal footing (landscape associations), appoint recognised nature conservation associations or institutions of nature park. 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 which are the subject of of nature conservation and of the maintenance of the countryside, to inform and give them the opportunity to comment, 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 the protection of nature and the countryside, in so far as the planning and measures of nature conservation and the maintenance of the countryside are likely to affect the responsibilities of other authorities. (6) The authorities responsible for the conservation of nature and the countryside ensure an early exchange with interested parties and interested members of the public about their plans and actions. (7) Tasks under this law are to be carried out by a municipality, or a community association only if the congregation or the community association the tasks have been delegated by country law.

Footnote

§ 3 para. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 2 (6) of the Land Nature Protection Act (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 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)
§ 3 para. 3 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by § 2a of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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) Unofficial table of contents

§ 4 Protection of functions for land for public purposes

In the case of measures relating to nature conservation and the maintenance of the countryside, land which is exclusively or mainly used for the purpose of

1.

the defence, including the fulfilment of international obligations and the protection of the civilian population,

2.

the Federal Police,

3.

public transport as public transport routes,

4.

sea or inland waterway transport,

5.

supply, including areas declared to be in need of protection, and disposal,

6.

protection against flooding caused by floods or

7.

of telecommunications

, or are designated in a binding plan for the purposes mentioned above, to ensure the use of the intended purpose. The objectives of nature conservation and the maintenance of the countryside must be taken into account. Unofficial table of contents

§ 5 Agriculture, forestry and fishing industry

(1) In the case of measures relating to nature conservation and the maintenance of the countryside, account should be taken of the particular importance of a rural, forestry and fishing industry which is compatible with natural and landscape conditions for the conservation 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 practice are to be applied. Note:

1.

the management must be adapted to the site and the sustainable soil fertility and long-term viability of the land must be ensured;

2.

the natural equipping of the land (soil, water, flora, fauna) must not be affected beyond what is necessary in order to achieve a sustainable yield;

3.

the elements required for the networking of biotopes must be preserved and, where possible, to be proliferated;

4.

animal husbandry has a balanced approach to crop production and has a negative impact on the environment;

5.

on slopes at risk of erosion, in floodplains, at sites with a high ground water level and on moorland sites, a grassland dumbing is to be underpunged;

6.

the use of fertilisers and plant protection products must be carried out in accordance with the requirements of agricultural law; documentation relating to the use of fertilisers shall be carried out in accordance with the conditions laid down in Article 7 of the Fertiliser Regulation, as amended by the Notice of 27 February 2007 (BGBl. 221), as last amended by Article 18 of the Law of 31 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) In the forestry use of the forest, the aim is to pursue natural forests and to manage them sustainably without any clearcuts. A sufficient proportion of forest plants are to be observed. (4) In the exploitation of the above-ground waters in the fishing industry, these are, including their shores, as habitats and habitats for domestic animals and animals. plant species to be preserved and promoted. The collection of these waters with non-native animal species is basically to be underpised. 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. Art 78 (8) of the Bavarian Water Act (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 Bayerische Naturschutzgesetz (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 Section 3 (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 Bundesnaturschutzgesetz (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 Section 3 (1) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
§ 5 para. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 3 (3) of the Landesnaturschutzgesetz (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 Section 3 (4) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Unofficial table of contents

§ 6 Observation of nature and landscape

(1) The Federation and the Länder observe the nature and the landscape within the limits of their competences (general principle). (2) The observation serves to determine, describe and evaluate the state of nature and landscape, and to assess the situation in a targeted and continuous way. of their changes, including the causes and consequences of these changes. (3) The observation shall include in particular:

1.

the state of landscapes, biotopes and species to fulfil obligations under international law,

2.

the state of conservation of the natural habitat types and species of Community interest, including the unintended catch or killing of the species listed in Annex IV (a) of Council Directive 92/43/EEC of 21 May 1992, Conservation of natural habitats and of wild fauna and flora (OJ C 327, 28.4.2002, 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, in particular by taking into account the priority natural habitat types and priority species,

3.

the state of further in Table 1 of Annex III to Directive 2008 /56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of the marine environment (Marine Strategy Framework Directive) (OJ 19.) and other biological characteristics.

(4) The competent authorities of the Federal Government and the Länder shall support themselves in the observation. The Federal Agency for Nature Conservation is responsible for 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 commercial secrets shall remain unaffected. Unofficial table of contents

§ 7 Definitions

(1) The following definitions shall apply to this Act:

1.

the diversity of animal and plant species, including the diversity of species, and the diversity of forms of communities and biotopes;

2.

Natural resources: soil, water, air, climate, animals and plants, as well as the structure of action between them;

3.

Natural and recreational activities designed to be compatible with the countryside, including natural and landscape-friendly sports activities in the open countryside, insofar as these are the other objectives of nature conservation and the environment. Countryside care is not affected;

4.

natural habitat types of Community interest groups listed in Annex I to Directive 92 /43/EEC;

5.

priority natural habitat types the habitat types identified in Annex I to Directive 92/43/EEC with the character (*);

6.

Areas of Community importance which are included in the list referred to in the third subparagraph of Article 4 (2) of Directive 92/43/EEC, even where protection within the meaning of Article 32 (2) to (4) is not yet ensured;

7.

European bird protection 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 November 2009 on the conservation of wild birds (OJ L 378, 27.12.2009, p. 7), if a 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.

Conservation objectives for the conservation or restoration of a favourable conservation status of a natural habitat type of Community interest, one of Annex II to Directive 92 /43/EEC or in Article 4 (2) or Annex I to Directive 2009 /147/EC, for a Natura 2000 site;

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 April 2004 on environmental liability with regard to the prevention and management of the environment Remediation of environmental damage (OJ C 327, 56), which was last amended by Directive 2009 /31/EC (OJ L 327, 30.12.2009, p. OJ L 140, 5.6.2009, p.

(2) The following further definitions shall apply to this Act:

1.

Animals

a)

wild animals, which have become wild, caught or bred, and which have not become ruthless, and which are 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 further recognizable parts of animals of wild species and

d)

products obtained from animals of wild species without further recogniation;

2.

Plants

a)

wild, wild species of wild species, which are derived from artificial reproduction,

b)

seed, fruit or other forms of development of plants of wild species,

c)

without any further recognizable parts of plants of wild species and

d)

Products obtained from plants of wild species without further recogniation;

as plants within the meaning of this law, lichens and mushrooms also apply;

3.

each species, subspecies or sub-population of a species or subspecies; for the purpose of determining a species, its scientific name shall be authoritative;

4.

biotope habitat of a life community of wild animals and plants;

5.

the place of living of the wild individuals of a species;

6.

Populationa biologically or geographically defined number of individuals of a species;

7.

Native species of wild animal or plant species, which have their distribution area or regular hiking area in whole or in part

a)

in the country or in historical times, or

b)

in a natural way expanding into the country;

A wild animal or plant species shall also be considered to be native to animals or plants of the species in question, whether wild or naturalised by human influence, in a free nature and without human assistance over several generations. as a population;

8.

Non-native species of wild fauna or flora, if they have not been found in the area in question, or have not been present in the wild for more than 100 years;

9.

invasive species, the occurrence of which is a significant hazard to the naturally occurring ecosystems, biotopes or species, outside of their natural distribution area;

10.

species of Community interest listed in Annex II, IV or V to Directive 92/43/EEC,

11.

priority species species listed in Annex II to Directive 92/43/EEC with the character (*) of animal 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.

particularly protected species

a)

Animal and plant species listed in Annex A or Annex B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 378, 27.12.1996, 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. OJ L 212, 12.8.2010, p.1),

b)

not covered by 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 listed in a legal regulation in accordance with Article 54 (1);

14.

strictly protected species of species protected by species, which

a)

in Annex A to Regulation (EC) No 338/97,

b)

in Annex IV to Directive 92 /43/EEC,

c)

in a legal regulation pursuant to § 54 (2)

are listed;

15.

farmed animal animals born or otherwise produced in a controlled environment and whose parents have been legally acquired;

16.

artificially propagated plant plants which have been used from seeds, tissue cultures, cuttings or subdivisions under controlled conditions;

17.

A declaration of readiness for sale or purchase and similar acts, including advertising, advertising, advertising or the invitation to negotiate sales or purchase;

18.

Placing on the market, offering to hold, hold, and give each and every surrender to others;

19.

in accordance with the applicable legislation on the protection of the species in question in the Member State concerned and with European Community legislation in the field of species protection and the Convention of 3 March 1973 on international trade in endangered species of wild fauna and flora (BGBl. 1975 II p. 773, 777)-Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora-within the scope of their respective spatial and temporal applicability or applicability;

20.

Member State of a State which is a member of the European Union;

21.

Non-EU Member State which is not a member of the European Union.

(3) Insofar as the provisions of this Act refer to Annexes of

1.

Regulation (EC) No 338/97,

2.

Council Regulation (EEC) No 3254/91 of 4 November 1991 on the prohibition of leghold traps in the Community and imports of furs and products of certain wild animal species from countries, the leghold traps or the international humane trapping standards apply appropriate fishing methods (OJ L 327, OJ L 308, 9.11.1991, p. 1),

3.

Directives 92/43/EEC and 2009 /147/EC,

4.

Council Directive 83 /129/EEC of 28 March 1983 on imports into the Member States of skins of certain young seals and products thereof (OJ L 103, 25.4.1983, p. 1). 30), as last amended by Directive 89 /370/EEC (OJ L 175, 5.7.1989, p. OJ L 163, 14.6.1989, p. 37),

or where reference is made to the provisions of those acts in which the Annexes are referred to, the Annexes shall be relevant in each case in the case of the publications in the Official Journal of the European Union, Part L of the European Union. (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. (5) If particularly protected species already exist on the basis of the the provisions in force until 8 May 1998 were, in particular, protected; 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, to the extent that they were deemed to be threatened with extinction after the provisions in force until 8 May 1998.

Footnote

§ 7 para. 1 no. 8 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by Section 14 (1) sentence 1 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)

Chapter 2
Landscape Planning

Unofficial 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 precaring action in the context of landscape planning, and the requirements and measures for the achievement of these objectives are presented and is based. Unofficial table of contents

§ 9 Tasks and Content of Landscape Planning; authorisation to enact legal regulations

(1) Landscape planning has the task of concretising the objectives of nature protection and landscape management for the respective planning area and the requirements and measures for the implementation of these objectives also for the planning and implementation of the planning and maintenance of the land. (2) The contents of the landscape planning are the presentation and justification of the concrete objectives of nature conservation and of the nature conservation and the Countryside care and the needs and measures that serve to achieve it. Presentation and justification shall be made in accordance with § § 10 and 11 in landscape programmes, landscape plans, landscape plans and green planning plans. (3) The plans shall contain information on

1.

the existing and the expected state of nature and landscape,

2.

the concrete objectives of nature conservation and the maintenance of the countryside,

3.

the assessment of the existing and expected state of nature and landscape in the light of these objectives, including the resulting conflicts;

4.

the requirements and measures for the implementation of the concrete objectives of nature conservation and the maintenance of the countryside, in particular:

a)

to avoid, reduce or eliminate impairments of nature and landscape,

b)

for the protection of certain parts of the nature and landscape referred to in Chapter 4, as well as of the biotopes, communities and places of life of the animals and plants of wild species,

c)

areas which, owing to their condition, location or natural development potential, are intended for future action in nature and landscape conservation, in particular to compensate for interference in nature and the countryside, and for the use of such land, the nature and landscape-related funds are particularly appropriate,

d)

on the establishment and protection of a biotope network, the biotope network and the Natura 2000 network,

e)

on the protection, quality improvement and regeneration of soils, waters, air and climate,

f)

on the conservation and development of diversity, nature and beauty, as well as the recreational value of nature and landscape,

g)

on the conservation and development of open spaces in the populated and uninhabited areas.

Consideration should be given to the feasibility of the representations of the landscape planning for the spatial planning plans and the building control plans. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to regulate the plan marks to be used for the presentation of the contents by means of a legal regulation with the consent of the Federal Council. (4) The landscape planning is , 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 significant changes have occurred in nature and landscape in the planning area; or are to be expected. The update may be carried out as a factual or spatial sub-plan, provided that the circumstances justifying the continuation are factually or spatially limited. (5) In planning and administrative procedures, the contents of the landscape planning are to be consideration. 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 must 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 (1) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Unofficial table of contents

§ 10 Landscape Programmes and Landscape Framework Plans

(1) The local concretised objectives, requirements and measures of nature protection and landscape management shall be 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 can be drawn up. Landscape framework plans are to be drawn up for all parts of the country, unless a landscape programme corresponds to its content and its degree of concretization in accordance with a landscape framework plan. (3) The concrete objectives, requirements and Measures relating to nature conservation and the maintenance of the countryside are, in so far as they are significant, to be taken into account in the weighing in accordance with Article 7 (2) of the Law on Spatial Planning. (4) The responsibility, the procedure for drawing up and the relationship between the two Landscape programmes and landscape plans on spatial planning plans according to national law.

Footnote

§ 10 para. 1 idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by § 6 (1) sentence 1 of the Hessian Act of Execution of the 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 Section 11 (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 Section 11 (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 Act of Execution of the 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 Section 6 (1) of the Landesnaturschutzgesetz (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 (1) of the Landesnaturschutzgesetz (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: Sachsen-Anhalt-Deviation by § 5 (2) sentence 2 of the Nature Conservation 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) Unofficial table of contents

Section 11 Landscape plans and land-use plans

(1) The objectives, requirements and measures of nature protection and the maintenance of the countryside, which are specific to the local level, shall be drawn up on the basis of the Landscape Framework Plans for the areas of the municipalities in Landscape Plans, for parts of a Community area presented 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. (2) Landscape plans shall be drawn up as soon as and in so far as it is necessary to meet requirements and requirements, and to Measures within the meaning of Section 9 (3), first sentence, point 4 are required, in particular because significant changes in nature and landscape have occurred in the planning space, or are to be expected. (3) The objectives, requirements and measures of nature protection and the maintenance of the countryside, which are defined in the Landscape Plans for the local level, are in accordance with Article 1 (7) of the Construction Code. (4) In the Länder of Berlin, Bremen and Hamburg, the local requirements and measures of the Federal State of Germany shall be included in the construction guidelines. Nature conservation and landscape conservation in landscape framework plans or Community programmes, they replace the landscape plans. (5) The competence and the procedure for drawing up the landscape plans and the plans for the development of land and their implementation shall be governed by the law of the country.

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 Section 7 (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 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 5 (1) of the 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: Schleswig-Holstein-Deviation by § 5 (1) and Section 7 (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: 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 Section 7 (2) 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) Unofficial table of contents

§ 12 Cooperation of countries in planning

In the preparation and updating of programmes and plans in accordance with § § 10 and 11 for areas bordering on other countries, their respective programmes and plans must be taken into account. As far as this is necessary, the countries will be voting against each other.

Chapter 3
General protection of nature and landscape

Unofficial table of contents

§ 13 General principle

Significant impacts on 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. Unofficial table of contents

§ 14 interventions in nature and landscape

(1) interventions in the nature and landscape within the meaning of this Act are changes in the form or use of ground surfaces or changes in the ground water level associated with the invigorated soil layer, which are the performance and (2) Land, forestry and fishing land use shall not be regarded as an intervention, in so far as the objectives of nature conservation and the use of land, forestry and fishery resources are not considered to be in place. Countryside care is taken into account. 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 Section 17 (2) of the Federal Soil Protection Act and the law of the Land, Forst and As a rule, it does not conflict with the objectives of nature conservation and the maintenance of the countryside. (3) The resumption of a country, forestry and forestry sector is not considered to be an encroation. fishing land use, if it was temporarily restricted or interrupted

1.

on the basis of contractual agreements or on the basis of participation in public programmes for the restriction of management, and if the resumption is carried out within ten years of the end of the restriction or interruption,

2.

on the basis of the implementation of early compensation measures, but the advance measure is not used for compensation.

Footnote

§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by § 5 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)
§ 14 para. 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by Section 6 (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)
§ 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: Sachsen-Anhalt-Deviation by Section 6 (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)
§ 14 para. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 8 of the Landesnaturschutzgesetz (LNatSchG) 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: Sachsen-Anhalt-Deviation by § 6 of the Nature Conservation 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: Sachsen-Anhalt-Deviation by Section 6 (2) of the 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 Art. 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 Section 6 (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

Section 15 Responsible for the polluter, inadmissibility of intervention; authorisation to enact legal regulations

(1) The polluter of an intervention shall be obliged to refrain from any avoidable impairment 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 landscape maintenance (compensatory measures) or to Replacement (replacement). 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) In the case of the use of land or forestry land used for compensation and compensation, the following shall be taken into account. Replacement measures must be taken into account in the case of agricultural structures, and in particular, suitable soils are to be used only to the extent necessary for the use of agricultural products. It must be examined as a matter of priority whether the compensation or replacement should also be carried out by means of measures for the purpose of unsealing, by means of measures for the re-linking of habitats or by means of management or care measures, which take account of the permanent revaluation of the natural environment. or of the landscape image, in order to avoid as much as possible that areas are taken out of use. (4) Compensation and replacement measures must 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 must not be allowed or carried out if the impairments are not to be avoided or not in a reasonable period of time, and the concerns of nature conservation and the maintenance of the countryside are in line with other concerns in the range of natural and landscape requirements. (6) If an intervention is carried out, (5), although the adverse effects are not allowed to should be avoided or not to be compensated in due time, the polluter shall pay in cash. The replacement payment shall be based on the average cost of the unenforceable compensation and replacement measures, including the required average cost of their planning and maintenance, as well as the provision of land. , including 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 benefits which the polluter has gained from it. 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 the purposes of nature conservation and the maintenance of the countryside as far as possible in the natural area concerned, for which there is not already a legal obligation under other provisions. (7) 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 Ordinance with the consent of the Federal Council, the further compensation for intervention by the Federal Council rules, in particular

1.

on the content, nature and extent of compensation and replacement measures, including measures for the de-sealing, re-networking of habitats and management and care, and the establishment of standards in this regard, in particular for: comparable types of intervention,

2.

the amount of the replacement payment and the procedure for the collection thereof.

As long as the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety does not make use of its authorization, the additional measures to compensate for interference by national law shall be determined in so far as this is not the case for the above paragraphs. contradicts.

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 Act concerning the implementation 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 Section 9 (1) of the Land Nature Protection Act (LNatschG) v. 24.2.2010 GVOBl. Schl. -H. 301, ber. 486), idF d. Art. 2 No. 1 Buchst. 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 Section 7 (1) sentence 1 of the Hessian Act of Execution of 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: Sachsen-Deviation by Section 9 (3) sentence 1 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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 Section 9 (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 Section 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 Section 9 (3) of the Landesnaturschutzgesetz (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: Sachsen-Anhalt-Deviation by Section 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 Section 9 (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)
§ 15 para. 6 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 9 (1) of the Land Nature Protection Act (LNatschG) v. 24.2.2010 GVOBl. Schl. -H. 301, ber. 486), idF d. Art. 2 No. 1 Buchst. a G v. 13.7.2011 GVOBl. Schl. -H. 225 mWv 29.7.2011 (cf. BGBl. I 2011, 1979)
Section 15 (6) sentence 2 and 3 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by Section 9 (4) sentence 2 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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: Niedersachsen-Deviation by Section 6 (1) sentence 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)
§ 15 para. 6 sentence 7 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 9 (5) of the Landesnaturschutzgesetz (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: Niedersachsen-Deviation by Section 6 (1) sentence 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 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 8 (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)
§ 15 para. 7 sentence 1 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 6 (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)
Section 15 (7) sentence 1 no. 2 idF d. G v. 29.7.2009 I 2542: Sachsen-Anhalt-Deviation by § 8 of the Nature Conservation 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) Unofficial table of contents

§ 16 Bevoring of compensation measures

(1) Measures relating to nature conservation and the maintenance of the countryside, which have been carried out with a view to the expected interventions, shall be recognised as compensation or replacement measures, to the extent that:

1.

the conditions set out in Article 15 (2) are met;

2.

they have been carried out without any legal obligation,

3.

no public funding has been used for this purpose,

4.

they do not object to programmes and plans in accordance with § § 10 and 11; and

5.

a documentation of the initial state of the land is available; the requirements for the documentation remain unaffected by the countries ' requirements.

(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 anticipated compensation and replacement measures in eco-accounts, the The need for approval and tradability, as well as the transfer of responsibility pursuant to § 15 (4) to third parties, which carry 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: Sachsen-Anhalt-Deviation by Section 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) Unofficial table of contents

§ 17 Procedure; authorisation to enact legal regulations

(1) In accordance with other legislation of a regulatory approval or notification to an authority, or if it is carried out by a public authority, that authority shall at the same time have the decisions required for the implementation of Section 15 and to take measures in consultation with the authority responsible for nature conservation and the administration of the countryside, unless a further form of participation is required under federal or national law or the nature of nature conservation and the countryside competent authority. (2) In the event of intervention by the authorities of the The competent authority of the federal government, in consultation with the supreme state authority, shall decide on the opinion of the competent authority responsible for nature conservation and landscape management. (3) For an intervention not carried out by a public authority and which does not require any official authorisation or notification by other authorities. (3) Legislation is required, is a permit for nature conservation and landscape conservation competent authority. The authorisation shall be requested in writing. The authorisation shall be granted if the requirements of § 15 are met. The competent authority responsible for nature conservation and the maintenance of the countryside meets the decisions and measures required to implement § 15. (4) The person responsible for an intervention is responsible for the preparation of the decisions and measures for the implementation of the § 15 to provide, in a manner appropriate to the nature and extent of the intervention, the information required for the purpose of assessing the intervention, in particular:

1.

Location, type, scope and timing of the intervention, and

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 impact 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 Belang . The accompanying plan shall form an integral part of 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 in order to ensure compliance with the Obligations pursuant to § 15. § § 232 to 240 of the Civil Code shall be applied to security services. (6) The compensation and replacement measures and the areas used for this 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. (7) 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. For this purpose, 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, the is expected to compensate for the intervention in the extent to which it has been carried out. (10) If an intervention is a project subject to an environmental impact assessment under the Environmental Impact Assessment Act, then it must be the procedure in which decisions are taken in accordance with Article 15 (1) to (5), (11) The State Governments are empowered to determine, by means of a regulation, the details of the procedure provided for in paragraphs 1 to 10, including the compensation register. You may transfer the authorization pursuant to sentence 1 by means of a legal regulation to other national authorities.

Footnote

§ 17 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 52 of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
Section 17 (1) and 3 idF d. G v. 29.7.2009 I 2542 (iVm § 11 Abs. 1, 3 bis 7 des Landesnaturschutzgesetz (LNatSchG SH v. 24.2.2010): Schleswig-Holstein-Deviation by § 36 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 17 (1) and 3 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by Section 12 (6) sentence 1 of the Nature Conservation 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: Niedersachsen-Deviation by Section 7 (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 Section 11 (3) of the 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 Section 7 (4) sentence 1 of the Hessian Act of Execution of the German Federal Nature Protection Act (HAGBNatSchG) v. 20.12.2010 GVBl. I p. 629 mWv 29.12.2010 (cf. BGBl. I 2011, 663)
§ 17 (3) sentence 3 and 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 11 (5) of the 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 Section 11 (6) of the 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: Sachsen-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: Sachsen-Anhalt-Deviation by Section 18 (2) sentence 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)
§ 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 Section 11 (9) of the Landesnaturschutzgesetz (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 Section 11 (10) of the 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 Section 11 (10) of the 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 Section 11 (5), (6) and (9) 10 of the 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: Niedersachsen-Deviation by Section 7 (3) to (6) of the Lower Saxony Implementing Act to the 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 the building law

(1) If, on the basis of the installation, amendment, amendment, amendment or cancellation of the building control plans or statutes pursuant to § 34 (4) sentence 1 (3) of the Construction Code, interventions in nature and landscape are to be expected, the avoidance, compensation and (2) On projects in areas with land-use plans according to § 30 of the Construction Code, during the planning of the building in accordance with § 33 of the Construction Code and in the interior according to § 34 of the Construction Code § § 14 to 17 shall not apply. The validity of § § 14 to 17 remains 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, 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 conservation and of the Land maintenance is not affected by the project. The consultation is not necessary in the case of projects in areas with development plans and during the planning 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 building code. (4) Ergiving 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, evidence that the project may cause injury within the meaning of § 19 (1) sentence 1 is also to be communicated to the project holder. At the request of the subcarrier, the competent authority responsible for granting 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, the second sentence of section 19 (1) shall apply. Unofficial table of contents

§ 19 Damage to certain species and natural habitats

(1) Damage to species and natural habitats within the meaning of the Environmental Damage Act is any damage that has a significant adverse effect on the achievement or maintenance of the favourable conservation status of these habitats or species. . 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 (2) Species within the meaning of paragraph 1 are the species that have been approved in accordance with § 30 or § 33 of the Construction Code. (2)

1.

Article 4 (2) or Annex I to 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 the

1.

Habitats of species listed in Article 4 (2) or Annex I to Directive 2009 /147/EC or in Annex II to Directive 92 /43/EEC,

2.

natural habitat types of Community interest; and

3.

Replanting and resting places of the species listed in Annex IV to Directive 92 /43/EEC.

(4) Where a responsible person has caused damage to protected species or natural habitats under the Environmental Damage Act, it shall take the necessary remedial measures in accordance with point 1 of Annex II to Directive 2004 /35/EC. (5) The effects referred to in paragraph 1 shall be determined on the basis of the baseline condition, taking into account the criteria set out in Annex I to Directive 2004 /35/EC. In general, there is no significant injury to the

1.

Adverse deviations which are less than the natural fluctuations which are considered normal for the habitat or species concerned,

2.

Adverse deviations due to natural causes, or to external action in connection with the management of the areas concerned, which may be attributed to the records of the habitat or to the documents relating to the According to the conservation objectives, it must be considered normal or corresponds to the previous management of the respective owners or operators,

3.

damage to species or habitats which are demonstrably regenerate in a short period of time without external action to such an extent that either the initial condition is reached or, however, solely by reason of the dynamics of the species or of the species concerned, A state of life is achieved, which is to be assessed as being equivalent or better compared to the initial state.

Chapter 4
Protection of certain parts of nature and landscape

Section 1
Biotope network and biotope network; protected parts of nature and landscape

Unofficial table of contents

Section 20 General principles

(1) A network of linked biotopes (biotope network) shall be created, which shall comprise at least 10 per cent of the area of each country. (2) Parts of nature and landscape may be protected

1.

in accordance with § 23 as a nature conservation area,

2.

in accordance with § 24 as a national park or as a national natural monument,

3.

as a biosphere reserve,

4.

in accordance with § 26 as a protected landscape area,

5.

as a natural park,

6.

as a natural monument or

7.

as a protected landscape component.

(3) The parts of nature and landscape referred to in paragraph 2 are, to the extent that they are appropriate, 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 concerning the implementation 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

§ 21 Biotopverbund, biotope network

(1) The biotope network is intended to ensure the permanent protection of populations of wild fauna and flora, including their habitats, biotopes and communities, as well as the preservation, restoration and development of functional animals. ecological interrelationships. It is also intended to contribute to the improvement of the link between the Natura 2000 network. (2) The biotope network is to 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. Components of the biotope network are

1.

National Parks and National Natural Monuments,

2.

Nature conservation areas, 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, as well as parts of landscape conservation 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 shall be defined by means of a declaration of protected parts of nature and landscape within the meaning of Article 20 (2), (5) Without prejudice to § 30, the above-ground waters, including the following, are to be secured by law. their marginal strips, riverside areas and oenas as habitats and biotopes for of naturally occurring animal and plant species. They must be developed in such a way as to enable them to fulfil their large-scale networking function in the long term. (6) At the regional level, in particular, linear and appropriate biotopes are required for the networking of biotopes. point-shaped elements, in particular hedges and rock drains, as well as trittsteinbiotopes, to be preserved and to be created where they are not sufficiently present (biotope crosslinking).

Footnote

Section 21 (5) sentence 1 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by § 9 (2) of the Hamburg Act concerning the implementation 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

Section 22 Declaration on the protected part of nature and landscape

(1) The subprotection of parts of nature and landscape shall be made by means of a declaration. 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 protection assigned to them in accordance with the relevant protection purpose, including the environment necessary for the protection. (2) The form and procedures of the under-protection, which shall be: The formality of form and process errors and the possibility of repairing them as well as the continuation of existing explanations on the protected part of nature and landscape are governed by the law of the country. (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 the protection will be carried out by the Changes or disruptions to the intended purpose of protection will be jeopardized. Under the conditions of 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 shall be registered and marked. (5) The declaration of 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 for the Environment, Nature Conservation and Nuclear Safety. for transport, construction and 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 Hamburgische Gesetz zur executes des Bundesnaturschutzgesetz (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 Section 12 (1) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450)
Section 22 (4) sentence 1 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 14 (10) sentence 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)
Section 22 (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) Areas of nature conservation are legally binding areas where special protection of nature and landscape is required in its entirety or in individual parts

1.

for the conservation, development or re-establishment of habitats, biotopes or communities of certain wild fauna and flora species,

2.

for reasons of scientific, natural history or national history, or

3.

because of their rarity, special character or outstanding beauty.

(2) Any acts which may result in the destruction, damage or alteration of the nature reserve or its components or to a sustainable disturbance shall be prohibited in accordance with detailed provisions. As far as the protection is permitted, nature reserves of the general public can be made accessible.

Footnote

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

§ 24 National Parks, National Natural Monuments

(1) National parks are legally binding and uniformly to be protected areas which are

1.

large-scale, largely uncut and of particular peculity character,

2.

meet the requirements of a nature conservation area in a major part of their territory; and

3.

are located in a majority of their territory in a state which is not or not least affected by humans, or are suitable to develop into a state or to be developed into a condition that is as undisturbed as possible of the natural processes in their natural dynamics.

(2) The aim of the national park is to ensure, in a vast majority of its territory, the undisturbed flow of natural processes in their natural dynamics. To the extent permitted by the protection purpose, the national park should also be used for scientific environmental observation, natural science education and the natural experience of the population. (3) National Parks are to be considered in the light of their special protection (4) National natural monuments are legally binding territories which are subject to the law of the European Union.

1.

from scientific, natural history, cultural and historical reasons, and

2.

because of their rarity, peculiarity, or beauty

are of paramount importance. National nature monuments are to be protected like nature reserves. Unofficial table of contents

§ 25 Biosphere Reserves

(1) Biosphere reserves shall be uniformly to be protected and to be developed, which shall:

1.

are large-scale and characteristic of particular landscape types,

2.

in substantial parts of their territory the conditions of a nature reserve, which are, moreover, predominantly of a protected landscape area,

3.

primarily the preservation, development or restoration of a landscape characterised by a variety of uses and the diversity of species and biotopes, including wild and earlier cultural forms, which have been historically grown in the landscape of any animal or plant species used or of use, and

4.

By way of example, the development and testing of the natural goods are used for particularly gentle economic practices.

(2) Biosphere reserves are used for the purpose of protection, research and observation of nature and landscape as well as of education for sustainable development. (3) Biosphere reserves shall be reserved, taking into account the nature of the biosphere reserves. (4) Biosphere reserves can also be used as biosphere reserves, or for the protection of nature conservation areas or areas of conservation. Biosphere regions are called.

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 Section 14 (1) of the Landesnaturschutzgesetz (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: Sachsen-Anhalt-Deviation by § 20 of the Nature Conservation 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: Sachsen-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 Section 12 (6) sentence 2 of the Hessian Act of Execution of the German 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 Section 14 (2) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Unofficial table of contents

§ 26 Landscape Protection Areas

(1) Landscape protected areas are legally binding areas where special protection of nature and landscape is required

1.

for the conservation, development or restoration of the performance and operability of the natural resource or of the regenerative capacity and sustainable use of natural goods, including the protection of habitats and habitats of certain wild fauna and flora,

2.

due to the diversity, nature and beauty or the special cultural historical significance of the landscape or

3.

because of their special importance to the recovery.

(2) In a protected landscape area, in particular compliance with § 5 (1) and in accordance with detailed provisions, all acts which alter the character of the area or which are contrary to the special protection purpose are prohibited. Unofficial table of contents

§ 27 Nature Parks

(1) Natural parks are the areas to be developed and to be cultivated which are to be developed and to be maintained

1.

are large-scale,

2.

are predominantly landscape conservation areas or nature reserves,

3.

are particularly well suited to the recovery because of their scenic conditions, and where sustainable tourism is sought,

4.

in accordance with 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, to this end, a sustainable land use is sought and

6.

are particularly well suited to promoting sustainable regional development.

(2) Natural parks shall be planned, structured, developed, developed and developed in accordance with the aims set out in paragraph 1, taking into account the objectives of nature conservation and the maintenance of the countryside.

Footnote

§ 27 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 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)
Section 27 (1) No 2 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 20 (1) sentence 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) Unofficial table of contents

§ 28 Natural monuments

(1) Natural monuments are legally binding individual creations of nature or equivalent areas of up to five hectares, the special protection of which is required

1.

for reasons of scientific, natural history or national history, or

2.

because of their rarity, peculiarity or beauty.

(2) The elimination of the natural monument as well as all acts which may result in the destruction, damage or alteration of the natural monument shall be prohibited in accordance with detailed provisions.

Footnote

§ 28 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 17 (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 Section 10 (2) of the Hamburg Act concerning the implementation 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: Sachsen-Deviation by Section 21 (1) no. 2 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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 Section 17 (3) of the Landesnaturschutzgesetz (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: Niedersachsen-Deviation by Section 21 (2) sentence 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) Unofficial table of contents

§ 29 Protected Landscape Components

(1) Protected landscape elements are legally binding parts of nature and landscape, the special protection of which is required

1.

for the conservation, development or restoration of the performance and functionality of the natural environment,

2.

for the revitalisation, structure or maintenance of the image of the place or landscape,

3.

to prevent harmful effects, or

4.

because of their importance as a habitat for certain wild fauna and flora 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 parts of the landscape. (2) The removal of the protected area The elements of the landscape and all acts which may result in the destruction, damage or alteration of the protected landscape component shall be prohibited in accordance with the conditions laid down in the detailed rules. In the event of an inventory reduction, the obligation may be provided for an appropriate and reasonable replacement plant or for the performance of replacement in money. (3) Regulations of the Land Law on the legal protection of Alleen remain unaffected.

Footnote

§ 29 para. 1 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by Section 22 (1) (3) and 5, Abs 2 u. Section 3 sentence 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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 Section 18 (1) of the Landesnaturschutzgesetz (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 Section 22 (2) and Section 3 sentence 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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: Niedersachsen-Deviation by Section 22 (4) sentence 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)
§ 29 para. 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 18 (2) 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) Unofficial table of contents

§ 30 Stately protected biotopes

(1) Certain parts of nature and landscape which have a special meaning as biotopes are protected by law (general principle). (2) Actions which result in the destruction or other significant impairment of the following biotopes. shall be prohibited:

1.

natural or semi-natural areas of river and stagnant inland waters, including their banks and associated natural or semi-natural vegetation, as well as their natural or semi-natural areas of landings, and regularly flooded areas,

2.

Moors, swamps, röhrichte, Großseggenrieder, seggen-and binsenabundant wet meadows, spring areas, inland salt sites,

3.

open internal cloths, open natural ingot, debris and barns, clay and solvent walls, dwarf shrubs, crayons and juniper heaths, borstgrass grasslands, dry grasslands, heavy metal lawn, forests and bushes of dry warmer locations,

4.

Burglary, swamp and riverside forests, canyon, block-half and hillside forests, subalpine larch and larch forest forests,

5.

open rock formations, alpine lawn as well as snow balls and crumwood bushes,

6.

Rock and cliff coasts, coastal dunes and beach forests, beach lakes, Bodden waters with landings, salt marshes and coastal areas, seagrass meadows and other marine macrophyte stocks, reefs, sublitorale sandbanks, ground drilling ground megafauna as well as species-rich gravel, coarse sand and shrill grounds in the sea and coastal areas.

The prohibitions laid down in the first sentence also apply to other biotopes protected by law by the countries. (3) The prohibitions provided for in paragraph 2 may, on request, allow for an exemption if the impairments can be compensated. (4) Are there any reason to be able to accept the prohibition of the prohibition of the sentence. the establishment, modification or addition of any action within the meaning of paragraph 2 may be expected, at the request of the municipality, by means of a necessary derogation or exemption from the prohibitions referred to in paragraph 2 before the establishment of the development plan will be decided. 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. (5) In the case of legally protected biotopes created during the term of a contractual agreement or participation in public programmes for the restriction of management, paragraph 2 shall apply. not for the resumption of a permitted country, forestry, or (6) In the case of legally protected biotopes created on land, the use of fishery products in the form of a fishing industry, or the participation in the public programmes concerned, shall be carried out within ten years of the end of the contractual agreement. , where the permitted extraction of natural resources has been restricted or interrupted, paragraph 2 shall not apply to the resumption of recovery within five years after the restriction or interruption. (7) The legally protected Biotopes will be registered and registration will be in a suitable way publicly accessible. 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 and 52 of the Landesnaturschutzgesetz (LNatSchG) v. 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 Hamburgische Gesetz zur executes des Bundesnaturschutzgesetz (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 Section 21 (2) 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)
§ 30 para. 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by § 20 of the Nature Conservation 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: Sachsen-Anhalt-Deviation by Section 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 Hamburgische Gesetz zur executes des Bundesnaturschutzgesetz (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) v. 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: Niedersachsen-Deviation by Section 24 (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)
Section 30 (2) and 3 idF d. G v. 29.7.2009 I 2542: Sachsen-Deviation by Section 26 (3) and 4 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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 Conservation 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 (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)
Section 30 (3) and 4 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by Section 14 (3) of the Hamburg Act concerning the implementation of the Federal Nature Protection Act (Bundesnaturschutzgesetz) (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 Section 21 (4) 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)
§ 30 para. 5 idF d. G v. 29.7.2009 I 2542: Sachsen-Anhalt-Deviation by Section 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 Section 14 (3) of the Hamburg Act concerning the implementation of the Federal Nature Protection Act (Bundesnaturschutzgesetz) (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) v. 23.2.2011 GVBl S. 82, BayRS 791-1-UG mWv 1.3.2011 (cf. BGBl. I 2011, 365)
§ 30 para. 6 idF d. G v. 29.7.2009 I 2542: Sachsen-Anhalt-Deviation by Section 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 Section 14 (3) of the Hamburg Act concerning the implementation of the Federal Nature Protection Act (Bundesnaturschutzgesetz) (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)

Section 2
Natura 2000 network

Unofficial table of contents

Section 31 Construction and protection of the Natura 2000 network

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" within the meaning of Article 3 of Directive 92 /43/EEC. Unofficial table of contents

§ 32 Protection Areas

(1) Countries shall select the areas to be designated by the Commission in accordance with Article 4 (1) of Directive 92/43/EEC and in 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 a financial compensation (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 in accordance with Article 4 (2) of Directive 92 /43/EEC (1) and (2) of Directive 2009 /147/EC, in accordance with the relevant The declaration of conservation shall be declared protected parts of nature and landscape within the meaning of § 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 shall remain unaffected. (4) The under-protection position referred to in paragraphs 2 and 3 may be left to the extent provided by other legislation, including this law and territorial provisions of the national law, in accordance with (5) For Natura 2000 sites, management plans may be self-reliant on the management of the environment. or as part of other plans. (6) Selection and declaration of territories within the meaning of the first sentence of paragraph 1 and of paragraph 2 in the area of the German exclusive economic zone and the continental shelf for protected parts of nature and landscape within the meaning of Article 20 (2) according to § 57.

Footnote

Section 32 (2) to (4) idF d. G v. 29.7.2009 I 2542: Hessen-Deviation by Section 14 (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)
Section 32 (4) of the idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 23 (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)
Section 32 (4) of the idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 20 (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) Unofficial table of contents

Section 33 General protection provisions

(1) Any changes and disruptions which may result in a significant deterioration of a Natura 2000 site in its components relevant to the conservation objectives or the purpose of the protection shall be inadmissible. Under the conditions laid down in Article 34 (3) to (5), the authority responsible for nature conservation and the maintenance of the countryside may allow exceptions to the prohibition of sentence 1 and of prohibitions within the meaning of Article 32 (3). (2) In an area within the meaning of Article 5 Paragraph 1 of Directive 92/43/EEC shall apply in respect of the priority natural habitat types and priority species occurring in it during the concertation phase until the Council decision (1) (1) is adopted. § § 34 and 36 shall not apply.

Footnote

§ 33 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 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) Unofficial table of contents

§ 34 Compatibility and inadmissibility of projects; exceptions

(1) Projects shall be reviewed before they are approved or carried out for their compatibility with the conservation objectives of a Natura 2000 site, if they are suitable individually or in cooperation with other projects or plans, the area of which is 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 necessary documentation for the examination of the compatibility and the conditions laid down in paragraphs 3 to 5. (2) The assessment of the compatibility of the project shall give rise to significant adverse effects on the territory of the project. in its components which are relevant to the conservation objectives or the purpose of protection, it is inadmissible. (3) By way of derogation from paragraph 2, a project may only be approved or carried out as far as it is

1.

is necessary for imperative reasons of overriding public interest, including those of a social or economic nature, and

2.

Reasonable alternatives to achieving the objective pursued by the project elsewhere, without or with minor impairments, are not given.

(4) If priority natural habitat types or priority species are likely to be affected by the project in the field, only those related to the health of the people, public safety, including the defence and protection of the civilian population, or the significantly beneficial effects of the project on the environment. 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) The project referred to in paragraph 3, whether or not in conjunction with paragraph 4, shall be authorised or carried out in order to safeguard the link between the Natura 2000 network and the 'Natura 2000' network. 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 , in accordance with other legislation, it is not a public authority or a public authority, it shall be notified to the authority responsible for nature protection and the maintenance of the countryside. 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 any more stringent rules on the admissibility of projects. (7) For protected parts of nature and in accordance with Article 20 (2) and legally protected biotopes within the meaning of Article 30, paragraphs 1 to 6 shall apply only in so far as the protection provisions, including the provisions on exemptions and exemptions, are not more stringent than those laid down in Article 30 (1) to (6). Rules governing 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) Paragraphs 1 to 7 shall not apply, except for development plans which replace a plan-fixing, not for projects within the meaning of Section 29 of the Construction Code in Areas with BebauungspPlans in accordance with § 30 of the Construction Code and during the planning of the project in accordance with 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 Section 21 (6) 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) Unofficial table of contents

Section 35 Genetically Modified Organisms

On

1.

Releases of genetically modified organisms within the meaning of Section 3 (5) of the Gentechnikgesetz (Genetic Engineering Act) and

2.

the use of lawfully marketed products containing or consisting of genetically modified organisms, as well as the other, and in particular non-economic, handling, of land, forestry and fishing with products similar to those described above, within a Natura 2000 site

§ 34 (1) and (2) shall apply accordingly.

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) Unofficial table of contents

Section 36 Plans

On

1.

Line provisions according to § 16 of the Federal Road Traffic Act (Bundesfernstraßengesetz) and § 13 of the Federal Waterway Act and

2.

Plans to be taken into account or taken into account in regulatory decisions

§ 34 (1) to (5) shall apply accordingly.
In the case of spatial planning plans within the meaning of Section 3 (1) (7) of the Spatial Planning Act and in the case of building plans and statutes pursuant to § 34 (4) sentence 1 (3) of the Construction Code, § 34 (1) sentence 1 shall not apply.

Chapter 5
Protection of wild fauna and flora species, their habitats and biotopes

Section 1
General provisions

Unofficial table of contents

Section 37 Tasks of the conservation of species

(1) The provisions of this Chapter and Article 6 (3) shall be used for the protection of wild fauna and flora. Species protection includes:

1.

the protection of animals and plants of wild species and their communities against harm by humans and the guarantee of their other living conditions;

2.

the protection of the habitats and biotopes of wild fauna and flora, and

3.

the resettlement of animals and plants of displaced wild species in suitable biotopes within their natural distribution area.

(2) The provisions of this Chapter and the legislation adopted pursuant to this Chapter shall be without prejudice to the provisions of the Plant Protection Law, the right of animal protection, the right of disease and forestry, hunting and fishing rights. Unless specific provisions for the protection and care of the species concerned 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. Unofficial table of contents

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

(1) In order to prepare and carry out the tasks in accordance with § 37 paragraph 1, the federal and state authorities responsible for nature conservation and landscape management shall draw up on the basis of the observation in accordance with § 6 protection, maintenance and development goals and (2) In so 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 federal authorities responsible for nature conservation and landscape conservation the countries have effective and coordinated preventive protection measures or are implementing programmes for the conservation of species. 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 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 protection of species

Unofficial table of contents

Section 39 General protection of wild animals and plants; authorisation to enact legal regulations

(1) It is prohibited to:

1.

to catch, injel or kill wild animals willingly or without good reason,

2.

withdraw or exploit wild-living plants from their location without any reasonable reason, or strike down their stocks or otherwise waste them;

3.

To damage or destroy habitats of wild fauna and flora without any reasonable cause.

(2) Subject to hunting or fishing legislation, it is prohibited to take wild animals and plants from the species listed in Annex V to Directive 92/43/EEC from nature. The countries may grant derogations from the first sentence under the conditions laid down in Article 45 (7) or Article 14 of Directive 92 /43/EEC. (3) By way of derogation from paragraph 1, each Member may be wild flowers, grasses, ferns, mosses, lichens, fruits, mushrooms, tea and medicinal herbs, as well as branches of wild plants from nature, in places which are not subject to any conditions of entry, in small quantities for personal use, and are suitable for use. (4) The commercial take-off, or Processing of wild plants shall be without prejudice to the rights of the owners and other rights of use of the authorisation of the authority responsible 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. Whereas the decision to take measures for the purpose of producing regional seed should 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, rocky drains, high rains and unused land and on hedges and slopes, or to treat land, forestry or fishing areas in such a way that the fauna or flora is significantly is affected,

2.

Trees that stand outside the forest, from short rotation plantations or gardening land, to cut hedges, live fences, bushes and other trees in the period from 1 March to 30 September, or to sit on the floor; Gentle forms of care and care for the elimination of the growth of plants or for the preservation of trees,

3.

Röhrichte in the period from 1 March to 30 September; outside these times, Röhrichte may only be cut back in sections,

4.

to clear water-leading trenches using trench milling, if this significantly affects the natural environment, especially the animal world.

The prohibitions laid down in the first subparagraph of point 1 to 3 shall not apply to:

1.

government-ordered measures,

2.

measures which, in the public interest, cannot be carried out in any other way or at any other time, provided that:

a)

be carried out by the authorities,

b)

approved by the authorities, or

c)

ensure road safety,

3.

in accordance with § 15 permitted interventions in nature and landscape,

4.

If only a small amount of wood is to be removed, it is necessary to eliminate the building measures.

The State Governments are empowered to provide for extended periods of prohibition by means of a legislative decree in the case of the prohibitions set out in points 2 and 3 of the first sentence for the territory of a country or for parts of the country. 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. (7) Further protective measures, in particular those of which the Commission shall be responsible for the implementation of the provisions of the Chapter 4 and Section 3 of Chapter 5, including the provisions on exemptions and exemptions, shall remain unaffected. Unofficial table of contents

Section 40 Non-German, non-resident and invasive species

(1) appropriate measures must be taken to counteract the risks to ecosystems, biotopes and species from animals and plants of non-native or invasive species. (2) Species where there is evidence that it is an invasive species. The competent authorities of the Federal Government and of 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 and forestry within the meaning of the third sentence of paragraph 4 (4). (4) The application of non-native species in the wild as well as of animals shall be subject to the authorisation of the plants. 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. The requirement for authorisation shall not apply to:

1.

the cultivation of plants in agriculture and forestry,

2.

the use of animals

a)

non-alien species,

b)

Alien species, provided that the use of a plant protection permit is required, which takes into account the concerns of species protection,

for the purpose of biological plant protection,

3.

the settling of animals of non-resident species subject to hunting or fishing rights,

4.

the release of trees and seeds outside their pre-income areas up to and including 1 March 2020; until that date, in the wild, trees and seeds shall preferably be applied only within their own areas of income.

Article 22 of Directive 92/43/EEC must be taken into account. (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 present in the country. (6) The competent authority may order that unauthorised animals and animals are not allowed to Plants or plants spreading unintentionally in the wild as well as animals which have been released there are eliminated, in so far as it is necessary for the prevention of threats to ecosystems, biotopes or species. Unofficial table of contents

Section 41 Protection of birds in energy-free lines

For the protection of bird species, new masts and technical components of medium-voltage lines are to be designed in such a way that birds are protected from electric shock. Until 31 December 2012, existing masts and technical components of high-risk medium-voltage cables with a high risk of birds are to be carried out in order to prevent electric shock. The second sentence shall not apply to the overhead line installations of the railways. Unofficial table of contents

§ 42 Zoos

(1) Zoos shall be permanent establishments in which live animals of wild species are kept for display during a period of at least seven days per year. Not considered to be a zoo

1.

Circuses,

2.

Animal actions and

3.

Enclosure for the posture of no more than five types of wild game, which is listed in the Federal hunting law, or establishments in which no more than 20 animals of other wild species are kept.

(2) The establishment, extension, substantial modification and operation of a zoos require authorisation. 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.

in the case of animals, account shall be taken of the biological and conservation needs of the animals concerned, in particular in the manner in which they are designed in accordance with the location, size and design of the animals and in accordance with the manner in which they are designed and animal-friendly,

2.

the care of the animals is carried out on the basis of a written programme for the prevention and treatment of veterinary medicinal products, which is in accordance with the state of good veterinary practice, as well as on nutrition,

3.

the penetration of harmful organisms and the escape of the animals is prevented,

4.

the rules of animal and species protection are respected,

5.

a register of the zoos of the zoos is kept in a form appropriate to the species recorded and kept up to date,

6.

promote education and public awareness of the conservation of biodiversity, in particular by providing information on the species and their natural habitats,

7.

the zoo is participating in

a)

research which contributes to the conservation of species, including the exchange of information on the conservation of arters, or

b)

the rearing in captivity, the resettlement of species and the resettlement of species in their biotopes, or

c)

the training in conservation-specific knowledge and skills.

(4) The authorisation referred to in paragraph 2 shall be granted where:

1.

ensure that the obligations laid down in paragraph 3 are fulfilled,

2.

the evidence required under this Chapter is available;

3.

there are no facts which raise concerns about the reliability of the operator and the persons responsible for the management of the zoos, and

4.

do not preclude other public-law provisions relating to the establishment and operation of the zoo.

The authorisation may be accompanied by secondary provisions; in particular, a guarantee may be required for the proper dissolution of the zoos and the restoration of the former condition. (5) The countries may provide that the (6) The competent authority shall comply with the requirements laid down in paragraphs 3 and 4 below, under the conditions laid down in paragraphs 3 and 4 of this Article. monitor, inter alia, through regular audits and visits. (7) If 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: , to ensure compliance with the requirements within a reasonable time. 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 is to issue retrospective orders if the amended requirements have not been met in other ways. (8) the operator does not comply with the 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 the adoption of the said zoo 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 adequate and consistent with the purpose and the provisions of Council Directive 1999 /22/EC of 29 March 1999 on the keeping of wild animals in zoos (OJ L 327, 28.3.1999, p. 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. Unofficial table of contents

Section 43 Animal enclosures

(1) Animal enclosures are permanent establishments in which animals of wild living species are kept outside residential and commercial buildings 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 as to:

1.

the requirements arising from § 42 (3) (1) to (4) are complied with,

2.

neither the nature budget nor the landscape is affected, and

3.

the entry of forests and corridor as well as access to waters is not restricted in an inappropriate way.

(3) The establishment, extension, substantial modification and operation of an animal's harlot shall be notified to the competent authority at least one month in advance. 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, § 42, paragraph 8, sentence 2 and 3 shall apply accordingly. (4) The countries may determine that the requirements laid down in paragraph 3 shall not apply to enclosures,

1.

which are under government supervision,

2.

which are set up only for a short period of time, or occupy a small area, or

3.

in which only a small number of animals or animals are kept to their posture with low requirements.

(5) Further provisions of the Länder shall remain unaffected.

Footnote

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

Section 3
Special protection of species

Unofficial table of contents

Section 44 Regulations for particularly protected and certain other animal and plant species

(1) It is prohibited to:

1.

to adjust wild live animals of the particularly protected species, to catch, injurate or kill them or to remove, damage or destroy their forms of development from nature,

2.

to significantly disrupt wild animals of the strictly protected species and European bird species during reproduction, rearing, mouse, overwintering and migration periods; a serious disturbance is present if the disturbance of the animals is not the conservation status of the local population of a species is deteriorating,

3.

to remove, damage or destroy the reproduction or resting places of the wild animals of the particularly protected species from nature,

4.

take wild plants of the specially protected species or their forms of development from nature, damage them or destroy them or destroy them

(Access bans). (2) It is also forbidden to

1.

To take possession, possession or custody of animals and plants of the particularly protected species, to be in possession or custody, or to process or process (possession bans),

2.

Animals and plants of the particularly protected species within the meaning of Article 7 (2) (13) (b) and (c)

a)

for sale, purchase, sale or purchase, to hold or to sell, exchange or to be sold, for sale or for use, for sale or for use,

b)

Acquire, display or otherwise use for commercial purposes

(marketing bans).

Article 9 of Regulation (EC) No 338/97 shall remain unaffected. (3) The prohibition of possession and marketing shall also apply to:

1.

Goods within the meaning of the Annex to Directive 83 /129/EEC which have entered the Community after 30 September 1983 contrary to Articles 1 and 3 of this Directive,

2.

Animals and plants determined by means of a legal regulation in accordance with Article 54 (4).

(4) The land, forestry and fishing land use and the exploitation of the products obtained in this way shall be subject to the requirements referred to in Article 5 (2) to (4) of this Act and to the provisions of Article 17 (2) of the Act Federal Soil Protection Act and the law of the agricultural, forestry and fishing industries to the 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 decree or decree of law remain unaffected. (5) For interventions in nature and landscape permissible pursuant to § 15, as well as for projects within the meaning of § 18 (2) Sentence 1, which is permissible under the provisions of the Building Code, shall be subject to the access, possession and marketing prohibitions 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 or project-related reproductive or project-related activities is not Resting places in the spatial context continue to be fulfilled. 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 affected, there is no violation of the access, possession and marketing bans in the case of actions for the execution of an intervention or project. (6) The access and ownership prohibitions do 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 the rest of the fauna and flora to the extent 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 responsible for nature conservation and landscaping to communicate annually to the Authority. Unofficial table of contents

Section 45 Exceptions; authorisation to enact legal regulations

(1) The provisions of the "possessions" shall not apply unless otherwise provided for by a legal regulation pursuant to § 54 (5).

1.

Animals and plants of the particularly protected species which are lawfully protected

a)

bred in the Community and have not become unleached, obtained by artificial reproduction or taken from nature,

b)

from third countries have entered the Community,

2.

Animals and plants of the species listed in a legal regulation pursuant to § 54 (4) and legally acquired in the Community before being included in the regulation.

Sentence 1 (1) (b) shall not apply to animals and plants of the species within the meaning of Article 7 (2) (13) (b), which, after 3 April 2002, without an exemption or exemption pursuant to § 43 (8) sentence 2 or section 62 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the by 1 March 2010, or by 1 March 2010, without an exemption from a third country in accordance with paragraph 8, directly into the country of 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 in accordance with 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 household council shall be brought directly into the territory of the country. (2) Where, in accordance with paragraph 1, animals and plants of the specially protected species are not subject to any prohibition of possession, they shall also be provided by the Except for marketing prohibited. This shall not apply, subject to a legal regulation pursuant to Section 54 (5), to the provisions of the law

1.

animals and plants of the strictly protected species and

2.

Animals of European bird species.

(3) The marketing bans shall also be exempt from:

1.

animals and plants of the strictly protected species which, prior to their protection, have been legally acquired as being endangered or strictly protected species,

2.

animals of European bird species lawfully acquired before 6 April 1981 or listed in Annex III, Part A, of Directive 2009 /147/EC,

3.

Animals and plants of the species subject to Directives 92/43/EEC 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 possession and marketing, it is permissible, subject to hunting and fishing legislation, to remove animals and plants found dead from nature and to those of the nature conservation and landscape conservation (5) By way of derogation from the prohibitions provided for in § 44 (1) (1) (5), the competent authority shall, for the purposes of research or teaching or for preparation, be used for such purposes. (5) 1 and the prohibition of possession shall also be subject to the provisions of hunting rules. to be allowed to take in injured, helpless or sick animals in order to care for them in a healthy way. 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. (6) The authorities responsible under national law may grant exemptions from the prohibition of possession and marketing of animals, in so far as this is necessary for the recovery of seized or confiscated animals; and Plants are required and European Community acts do not stand in the way of it. If a federal authority is responsible for seizure or confiscation, this authority may grant exemptions from the prohibitions of possession and marketing within the meaning of the first sentence. (7) The authorities responsible for the protection of nature and the countryside under national law as well as in the case of expats from abroad, the Federal Agency for Nature Conservation may allow further exemptions from the prohibitions of § 44 in individual cases

1.

the use of significant agricultural, forestry, fishing, water or other significant economic damage,

2.

for the protection of the naturally occurring fauna and flora,

3.

-for the purposes of research, teaching, education or resettlement, or measures of rearing or artificial reproduction for these purposes,

4.

in the interests of human health, public security, including the defence and protection of the civilian population, or the significant beneficial effects 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 granted only if reasonable alternatives are not given and the state of conservation of the populations of a species does not deteriorate unless Article 16 (1) of Directive 92 /43/EEC does not comply with further requirements . Article 16 (3) of Directive 92/43/EEC and Article 9 (2) of Directive 2009 /147/EC are to be observed. The state governments may also allow exceptions in general by means of a decree law. The Federal Agency for Nature Conservation may, in the case of the transfer from abroad, be subject to the prohibition of § 44 under the conditions set out in the second sentence of paragraph 7 of the Act of the Federal Republic of Germany. and 3 may, on a case-by-case basis, allow further exemptions in order to ensure, under controlled conditions and to a limited extent, a reasonable use of animals and plants of certain species within the meaning of Article 7 (2) (13) (b), and for bred and artificially increased animals or plants of these species. Unofficial table of contents

§ 46 Post-compulsory duty

(1) The person who

1.

live animals or plants of the particularly protected species, their living or dead forms of development, or essentially completely preserved dead animals or plants of the particularly protected species,

2.

without any further recognizable parts of animals or plants of the strictly protected species or products derived from them without any further recognizability; or

3.

live animals or plants of the species listed in a legal regulation pursuant to Article 54 (4),

or the actual use of force, may rely on the authority responsible for the protection of nature and the countryside only if, at the request of the authorities, it proves or proves that it is entitled to do so, or a third party had possession of the animals or plants prior to their protection as a particularly protected species or prior to their inclusion in a legal regulation pursuant to § 54 (4). (2) On products within the meaning of paragraph 1 (2), which shall: personal use or as a household, paragraph 1 shall not apply. 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 be required only if the facts justify the assumption that there is no entitlement. (3) To the extent that, in accordance with Article 8 or 9 of Regulation (EC) No 338/97, the right to the acts referred to in that article is justified. , proof must be provided in the manner prescribed in that Regulation, or where certain documents are required for proof of proof. Unofficial table of contents

Section 47 confiscation

Animals or plants, for which the required proof or the necessary credibility is not provided, may be recovered by the authorities responsible for nature conservation and landscape management. Section 51 shall apply in accordance with the provisions of Section 51 (1), second sentence, with the proviso that the submission of a certificate from another independent expert body or person may also be required.

Section 4
Competent authorities, bringing animals and plants

Unofficial table of contents

Section 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 (CITES) are

1.

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety for Transport with other Contracting Parties and with the Secretariat (Article IX, paragraph 2 of the CITES Convention), with the exception of those referred to in point 2 (a) and (c) and (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 licences and re-export certificates within the meaning of Article 4 (1) and (2) and Article 5 (1) and (4) of Regulation (EC) No 338/97 and other documents referred to in Article IX (1) Point (a) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and 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 import and export infringements and in respect of those in Articles 15 (4) (a) and (c) of Regulation (EC) No 338/97,

b)

for the authorisation of derogations provided for in Article 8 (3) of Regulation (EC) No 338/97 in the case of imports,

c)

for the recognition of holdings in which specimens are bred or artificially propagated for commercial purposes within the meaning of Article VII (4) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and for the notification of the species referred to in Article 7 (1) (4) of the Convention Regulation (EC) No 338/97 concerning the registration procedure with regard to the Secretariat (Article IX (2) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora),

d)

the issuing of certificates referred to in Articles 30, 37 and 44a of Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97 on the protection of specimens of wild fauna and flora, and plant species through trade surveillance (OJ C 327, 28.4.2002 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 drawn up by the customs authorities in accordance with Article 51 and for the recovery of dead animals and plants collected by customs authorities pursuant to § 51, and parts thereof and products thereof, to the extent that they are strictly protected species,

3.

the Federal Customs Administration for the exchange of information with the Secretariat in matters relating to the fight against the crime of endangered species;

4.

the authorities responsible for nature conservation and the maintenance 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. Unofficial table of contents

Section 49 Participation of customs authorities; authorisation to enact legal regulations

(1) The Federal Ministry of Finance and the customs authorities designated by it shall have an effect on the supervision of the introduction of animals and plants subject to an import or export scheme in accordance with European Community legislation, and in the case of the surveillance of possession and marketing bans in accordance with 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 section 48 the extent to which there is sufficient evidence that animals or plants are in breach of rules or prohibitions. (2) The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation without the consent of the Federal Council, the details of of the procedure referred to in paragraph 1; where necessary, it may: obligations relating to advertisements, notifications, information and the performance of ancillary services, as well as the payment of inspection in commercial documents and other documents and for the purpose of carrying out surveys and the removal of free samples, and (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 the Environment, Finances in the Federal Gazette announced. Special mention should be made of customs offices in which live animals and plants are to be registered. Unofficial table of contents

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

(1) Any animals or plants 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 scope of this Act (import or transit) or from the scope of this Act to a third country (export), these animals or plants shall be subject to import, export or export under the submission of the authorisations or other authorisations required for import, export or export To register documents at a customs office announced in accordance with § 49 (3) and to show them on request. For a reasonable reason, the Federal Agency for Nature Conservation may, on request, designate 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 legal provisions. (2) The by-or by-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 before arrival. Unofficial table of contents

Section 51 Inversion, seizure and confiscation by the customs authorities

(1) If there are doubts as to whether the movement of animals or plants is subject to regulations or prohibitions within the meaning of Article 49 (1), the customs authorities may, at the expense of the animals or plants, be subject to the conditions of the customs authorities. the person entitled to dispose of the animal or a third party with the custody pending the clarification of the doubts; 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 are subject to If the doubt proves to be unfounded, the Federation of the authorized person shall reimburse the costs of procuring the certificate and the additional costs of the safekeeping. (2) It shall be established at the time of the customs supervision, that animals or plants are,, through or exported, without the prescribed permits 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 the use of the animals. 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 import or export authorisation may not be granted, they shall be withdrawn immediately. (3) Paragraph 2 shall apply mutatily if, in the case of the customs supervision referred to in paragraph 50 (1), the customs supervision of the animals or plants is subject to the conditions laid down in Article 50 ( (4) If seized or withdrawn animals or plants are sold, the proceeds shall be paid to the owner if he proves that he/she has the circumstances in which he/she is responsible for the Have caused confiscation or confiscation without the fault of his or her fault were. Third parties whose rights are extinguished by confiscation or divestment shall be compensated for from the proceeds of the proceeds under the conditions set out in the first sentence. (5) If animals or plants are confiscated or confiscated, the resulting costs shall be: in particular for care, accommodation, transport, return or recovery, the transferring person shall not be determined, shall be imposed on the shipper, carrier or orderer, if the circumstances in which he or she has been Seizure or confiscation have been or have been known to have been known .

Section 5
Information and access rights; fees and charges

Unofficial table of contents

Section 52 Right of information and access

(1) Natural and legal persons, as well as non-legal persons ' associations, shall, on request, provide the authorities responsible for the protection of nature and the countryside or the authorities responsible for the protection of the countryside, who shall, on request, provide the information necessary for the implementation of this Directive. of the acts of the European Community, of this Chapter or of the legislation adopted for its implementation. (2) Persons responsible for the authorities referred to in paragraph 1 may, in so far as is necessary, Framework referred to in paragraph 1, operating or business-used land, The buildings, rooms, sea facilities, ships and means of transport of the person responsible for the information enter during the business and operating hours, and inspect the containers and the business documents. The person responsible for the information shall, as far as necessary, assist the authorized persons in the process and shall submit the business documents upon request. (3) For the person responsible for the information, § 55 of the Code of Criminal Procedure shall apply. accordingly. Unofficial table of contents

Section 53 Fees and levies; authorisation to enact legal regulations

(1) The Federal Agency for Nature Conservation charges its individually attributable public services in accordance with the provisions of this Chapter and in accordance with the provisions of Regulation (EC) No 338/97, as amended, as well as on the The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Finance, to the Federal Ministry of Finance, the Federal Ministry of Finance and the Federal Ministry of Finance and the Federal Ministry of Finance. for food, agriculture and consumer protection and the Federal Ministry for the economy and technology, by means of a regulation without the consent of the Federal Council, to determine the chargeable facts, the rates of fees and the allocation of expenses, 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.

Section 6
Appropriations

Unofficial table of contents

Section 54 authorisation to enact legal orders

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to use certain animal and plant species not covered by Article 7 (2) (13) (a) or (b) with the consent of the Federal Council. or populations of such species under special protection, in so far as these are naturally occurring species,

1.

in the territory of the country by human access in their herd, or in so far as they are species which may be confused with species at risk or with species within the meaning of Article 7 (2) (13) (b); or

2.

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 the Federal Council to act with the consent of the Federal Council

1.

certain, in accordance with Article 7 (2) (13) (a) or (b), particularly protected

a)

Animal and plant species listed in Annex B to Regulation (EC) No 338/97,

b)

European bird species,

2.

certain other animal and plant species referred to in paragraph 1

under strict protection, in so far as these are naturally occurring species, which are threatened with extinction in Germany or for which the Federal Republic of Germany is particularly responsible. (3) The Federal Ministry for the Environment, Protection of nature and reactor safety is authorized by law with the consent of the Federal Council

1.

determine which parts of animals or plants of specially protected species or products derived from such animals or plants can be identified as being readily identifiable within the meaning of Article 7 (2) (1) (c) and (d) or (2) (c) and d are to be considered

2.

certain particularly protected species or herds of animals or plants of specially protected species, as well as farmed or artificially propagated animals or plants of particularly protected species of prohibition of § 44 wholly, partly or under certain conditions to exclude, to the extent that the protection is not threatened by this, and Articles 12, 13 and 16 of Directive 92/43/EEC, Articles 5 to 7 and 9 of Directive 2009 /147/EC, other European Community acts, or Obligations arising from international conventions on species protection are not contrary to this.

(4) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to determine, with the consent of the Federal Council, invasive animal and plant species, for which the prohibitions of § 44 (2) (2) (2) (2) (2) (2) shall apply in so far as this is necessary in order to counteract the endangering of ecosystems, biotopes or species. (5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, insofar as this is necessary for reasons of conservation of species , and acts of the European Community shall not be contrary to that by legal regulation with the consent of the Federal Council

1.

the keeping or breeding of animals,

2.

the placing on the market of animals and plants

(6) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to do so, in so far as this is necessary for the protection of species, in particular in order to comply with the obligations arising from Article 15 of Directive 92 /43/EEC, Article 8 of Directive 2009 /147/EC or the International Convention on International Trade in Endangered Species of Wild Fauna and Flora, by legal regulation with the consent of the Federal Council

1.

the production, 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 which could cause local disappearance or other significant adverse effects on populations of the animal or plant species concerned,

2.

acts or procedures which may lead to local disappearance or to other significant adverse effects on populations of wild animal or plant species,

or to prohibit it. The first subparagraph of paragraph 1 shall not apply to equipment, means or devices which require authorisation under other legislation, provided that the requirements for protection of species are to be taken into account in the authorisation. (7) The Federal Ministry for the Environment, Protection of nature and reactor safety is authorized by means of a regulation, with the consent of the Federal Council, to enact rules for the protection of the horseback sites of bird species which are at risk in their herd and are particularly sensitive to disturbance and, in particular, during certain periods and within certain intervals to prohibit acts which may affect reproduction or rearing. The Federal Ministry for the Environment, Nature Conservation and Nature Conservation and the Federal Ministry for the Environment, Nature Conservation and Nuclear Enforcement (BMWB) will remain unaffected by further protective measures, including the provisions on exemptions and exemptions. (8) Reactor safety authorised to adopt rules by means of a legal regulation with the consent of the Federal Council

1.

Recording requirements of those who, for commercial purposes, sell, sell, buy or purchase animals or plants of the specially protected species, in particular through the circulation of the recording subject, the subject matter and the extent of the recording the obligation to record, the duration of the retention period for the records and their verification by the authorities responsible for nature conservation and landscape management,

2.

the identification of animals and plants of the particularly protected species for the purpose of proof in accordance with § 46,

3.

the issuing of certificates for the lawful purchase of animals and plants for the purposes of proof in accordance with section 46,

4.

Obligations to display the ownership of

a)

Animals and plants of the particularly protected species,

b)

Animals and plants of the species determined by means of legal regulation pursuant to § 54 (4).

(9) Legal orders referred to in paragraph 1 (2) require 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 Cooperation and Development (BMWB). Economy 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 subject to hunting or fishing rights,

2.

animal species used for the purpose of biological plant protection, or

3.

Plants which are obtained by artificial reproduction or can be used forstlich.

(10) The State Governments are empowered to lay down, by means of a regulation, general requirements for the management of land, forestry and fishing land use within the meaning of Article 44 (4). The Federal Government shall, with the consent of the Federal Council for the implementation of this Act, adopt general administrative provisions, in particular on the subject of:

1.

the conditions and conditions under which the compatibility of plans and projects within the meaning of Article 34 (1) is to be assumed;

2.

the conditions and conditions for divergence decisions within the meaning of Article 34 (3) and

3.

the measures necessary to safeguard the link between the Natura 2000 network within the meaning of Article 34 (5).

Footnote

Heading italic print: should be idF d according to the table of contents. Art. 3 No. 1 G v. 28.7.2011 I 1690 mWv 5.2.2012 "authorisation to enact laws, regulations and administrative provisions" Unofficial table of contents

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

(1) Legal orders in accordance with § 54 may also be adopted for the implementation of acts of the Council or of the Commission of the European Communities in the field of the protection of species or the implementation of international species conventions (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 Amendments to the Rules of Law on the basis of Section 54, to the extent that amendments to these acts .

Chapter 6
Marine nature conservation

Unofficial table of contents

§ 56 Geltungs-und Scope

(1) The provisions of this Act shall also apply in the area of coastal waters, as well as with the exception of Chapter 2, in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl. 1798, 1799; 1995 II p. 602) and the following provisions further 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 territories may be shall also serve to build up contiguous and representative networks of protected marine areas within the meaning of Article 13 (4) of Directive 2008 /56/EC within the meaning of Article 20 (2). (3) the operation of wind turbines in the German exclusive economic zone, which approved on 1 January 2017, § 15 shall not apply. Unofficial table of contents

§ 57 Protected marine areas in the area of the German exclusive economic zone and the continental shelf; empowerment to enact legal regulations

(1) The selection of protected marine areas in the area of the German exclusive economic zone and the continental shelf shall be carried out by the Federal Agency for Nature Conservation with the involvement of the public with the consent of the Federal Ministry for Environment, nature conservation and reactor safety. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety participates in the relevant Federal Ministries and makes the consultation with the neighbouring countries. (2) The Declaration of the Marine Areas to Protected Parts of Nature and Nature The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, with the participation of the Federal Ministries concerned by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, is responsible for the landscape within the meaning of Article 20 (2) by means of a decree-law which (3) For the selection of areas within the meaning of § 32 (1) sentence 1 and the declaration of Areas within the meaning of section 32 (2) of 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 is § 32 subject to the following numbers 1 to 5 shall apply accordingly:

1.

Restrictions on air traffic, navigation, military use permitted under international law and projects of scientific marine research within the meaning of Article 246 (3) of the United Nations Convention on the Law of the Sea Nations are not allowed; Article 211 (6) of the United Nations Convention on the Law of the Sea, as well as the other international regulations relating to shipping, remain unaffected.

2.

The grounds for failure to carry out scientific marine research projects 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 June 1995 (BGBl. 778, 785), which was last amended by Article 321 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407) has been amended.

3.

Restrictions on fishing are only in accordance with the law of the European Community and in accordance with the Law of the Sea Fisheries Act, as amended by 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), may be allowed.

4.

Restrictions on the transfer of submarine cables and pipelines shall be permitted only in accordance with Section 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.

Unofficial table of contents

Section 58 competent authorities; fees and levies; authorisation to enact legal regulations

(1) The implementation of the provisions of this Act, the provisions adopted pursuant to this Act and the provisions of the Environmental Pollution Act with regard to the damage to species and natural habitats and to the immediate In the area of the German exclusive economic zone and the continental shelf, the Federal Office for Nature Conservation is responsible for the risk of such damage, 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, it shall be subject to official authorisation or notification to a public authority, or shall be subject to the following conditions: (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety can do so by means of a regulation which does not give the consent of the Federal Council. , tasks to be carried out by the Federal Agency for Nature Conservation in accordance with paragraph 1 above, in the Agreement with the Federal Ministry of the Interior on the Federal Police Presidium and in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection on the Federal Institute for Agriculture and Food (3) The Federal Agency for Nature Conservation charges fees for its individually attributable public services in accordance with the provisions referred to in the first sentence of paragraph 1 in the area of the German exclusive economic zone and the continental shelf. and outlays. 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 allocation of outsourcing and to provide for fixed rates and framework rates. The costs to be reimbured may be regulated by way of derogation from the Federal Fee Act. § 53 shall remain unaffected.

Chapter 7
Recreation in nature and landscape

Unofficial table of contents

§ 59 Entering the Free Landscape

(1) Entering the free landscape on roads and roads and on unused land for the purpose of recreation is permitted (general principle). (2) Access to the forest is governed by the Federal Forest Act and the Forest Law of the Countries and, moreover, according to the other national 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, to avoid significant damage or to protect other legitimate interests of the owner of the property.

Footnote

§ 59 para. 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Bayern-Deviation by Art. 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) Unofficial table of contents

§ 60 Liability

Entering the free landscape takes place at your own risk. No additional due diligence or traffic safety obligations will be justified by the authority to enter into force. In particular, there is no liability for typical dangers arising from nature. Unofficial table of contents

Section 61 Free-keeping of waters and riverside areas

(1) In the field of external waterways and waters of the first order and of the standing waters of a size of more than 1 hectare at a distance of up to 50 metres from the shoreline, no structural installations may be erected 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.

structural installations that were legally established or authorised at the time of the entry into force of this law,

2.

construction installations which are constructed or modified in the exercise of water-law permits or permits, or for the purpose of monitoring, management, maintenance or the development of an above-ground water,

3.

Installations of public transport, including ancesuits and accessories, the rescue system, coastal and flood protection and defence.

Further provisions of the Länder concerning exceptions remain unaffected. (3) From the prohibition provided for in paragraph 1, an exemption may be granted on request, if:

1.

the adverse effects on the natural or landscape nature of the structure, in particular with regard to the function of the waters and their shores, are minor or are not affected by such measures; can be secured or

2.

this is necessary for reasons of overriding public interest, including such a social or economic nature; in this case, § 15 shall apply mutagentily.

Footnote

§ 61 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 35 (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)
§ 61 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by Section 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 Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93) Unofficial table of contents

Section 62 Provision of land

The Federal Government, the Länder and other legal persons under public law shall present in their property or property any land which, according to their natural nature, is suitable for the recovery of the population or which has access to the Allow or facilitate the generality of such land, to a reasonable extent for recovery, to the extent that this is compatible with sustainable use and the other objectives of nature conservation and the maintenance of the countryside, and public earmarking is not contrary to this.

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 conservation associations

Unofficial table of contents

Section 63 Co-action rights

(1) An association recognised by the Federation in accordance with § 3 of the Law on the Law of the Environment, which, in accordance with its statutory remit, promotes the objectives of nature protection and landscape management (recognised nature conservation association) in its priority area To give an opportunity to comment and to review the relevant expert opinions

1.

in the preparation of regulations and other legislation 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 reactor 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 the 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 the use of natural resources and landscape,

4.

in the case of planning authorisations issued by the authorities of the Federal Republic of Germany and replaced by a plan determination within the meaning of point 3, where public participation is provided for,

insofar as 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 according to its statutes, is an opportunity to To give an opinion and to consult the relevant experts ' opinions

1.

in the preparation of regulations and other legislation in place under the law of the authorities of the countries responsible for nature conservation and the countryside,

2.

in the preparation of programmes and plans within the meaning of § § 10 and 11,

3.

in the preparation of plans within the meaning of section 36, first sentence, point 2,

4.

in the preparation of programmes of state and other public authorities to resettle animals and plants of displaced wild species in the wild,

5.

before the granting of exemptions from bids and prohibitions on the protection of areas within the meaning of § 32 (2), Natura 2000 sites, nature reserves, national parks, national natural monuments and biosphere reserves, even if they are included or replaced by another decision,

6.

in planning procedures, in the case of projects in the territory of the recognised country associated with intervention in nature and the countryside,

7.

in the case of planning authorisations which replace a plan determination within the meaning of point 6, where a public participation is provided for,

8.

in further procedures for the execution of national law, if the country law provides for this,

insofar as it is 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 mutas to the provisions of the Administrative Procedure Act. A content-like 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 do not affect or to be expected only to a small extent, to be able to do so.

Footnote

§ 63 para. 2 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 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 Section 21 (1) and 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. P. 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 Section 45 (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: Sachsen-Deviation by § 56 d. Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 387, 398, mWv 15.5.2010 (cf. BGBl. I 2011, 842)
§ 63 (3) sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 40 (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

Section 64 Legal remedies

(1) A recognised nature conservation association may, in so far as § 1 (3) of the Environmental Law Enforcement Act does not preclude it, be infringed in its own rights, appeal in accordance with the Administrative Court order against decisions in accordance with Article 63 (1) (2) to (4) and (2), number 5 to 7, if the association

1.

asserts that the decision shall comply with the provisions of this Act, legislation enacted or continued under this Act, nature conservation law of the countries or other legislation to be taken into account in the decision and, at the very least, to serve the needs of nature conservation and the maintenance of the countryside,

2.

in its statutory duties and activities, insofar as the recognition relates to it, and

3.

was entitled to participate in the matter pursuant to Section 63 (1) (2) to (4) or (2) (5) to (7), or has not been given an opportunity to express its views on the matter.

(2) § 1 (1) sentence 4, § 2 (3) and 4 sentence 1 of the Environmental Law Enforcement Act shall apply accordingly. (3) Countries may also authorise legal remedies of recognised nature conservation associations in other cases where, in accordance with Section 63 (2) (8), a Participation is provided for.

Chapter 9
Property retention, exemptions

Unofficial table of contents

§ 65 Dulduty requirement

(1) Owners and other persons entitled to use of land shall have measures of nature conservation and the maintenance of the countryside on the basis of provisions of this law, legislation enacted under this law, or , in so far as the use of the land is not unacceptably impaired, or to tolerate nature conservation law in the countries. Further regulations of the Länder shall 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 fulfil their To enter the tasks of land, it 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 Section 48 (2) of the Landesnaturschutzgesetz (LNatSchG) v. 24.2.2010 GVOBl. Schl. -H. 301 mWv 1.3.2010 (cf. BGBl. I 2010, 450) Unofficial table of contents

Section 66 Right of pre-emption

(1) The countries are entitled to a right of pre-emption to land,

1.

which are located in national parks, national natural monuments, nature conservation areas or as such temporarily seized areas,

2.

on which natural monuments or as such items of temporary security are located,

3.

on which above-ground waters are located.

Where the characteristics of the first sentence of 1 (1) to (3) are only one part of the land, the right of pre-emption shall apply only to that part. The owner may require that the advance purchase extends to the entire property if he/she is not economically responsible for the further stay in his property. (2) The right of pre-purchase may only be exercised if this is done for reasons of Protection of nature and the maintenance of the countryside, including the provision of recreational services, is required. (3) The right of pre-emption is not required for registration 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 (2) and § § 1099 to 1102 of the German 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 can also be used by the countries on application for the benefit of entities and Foundations of public law and recognised nature conservation associations are exercised. (5) Differing regulations of the countries remain unaffected.

Footnote

§ 66 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by § 50 of the Land Nature Protection Act (LNatSchG) 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: Sachsen-Deviation by § 36 of the Saxon Nature Conservation Act (SächsNatSchG) idF d. Bek. v. 3.7.2007 SächsGVBl. P. 321, as last amended by Article 17 of G v. 15.12.2010 SächsGVBl. 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)
Section 66 (1), (3) and 4 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by Section 34 (1), (2) and 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) Unofficial table of contents

Section 67 Liberation

(1) From the bids and prohibitions of this law, in a legal regulation pursuant to § 57 as well as under the nature conservation law of the countries, relief may be granted upon request, if

1.

this is necessary for reasons of overriding public interest, including those of a social and economic nature, or

2.

the implementation of the rules in individual cases would lead to an unreasonable burden and the discrepancy is compatible with the concerns of nature conservation and the maintenance of the countryside.

In the context of Chapter 5, the first sentence shall apply only to Sections 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 in individual cases would lead to an unreasonable burden. In the case of the introduction of animals or plants from abroad, the exemption from the Federal Agency for Nature Conservation will be granted. (3) The exemption may be provided with secondary provisions. § 15 (1) to (4) and (6) and § 17 (5) and (7) shall apply even 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) 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 (Nationparkgesetz 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 consent 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)
Section 67 (1) and 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Sachsen-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 Section 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) Unofficial table of contents

§ 68 Restrictions on ownership; compensation and compensation

(1) In individual cases, restrictions on property arising from the provisions of this Act, legislation enacted or continued under this Act or the nature of the nature of the nature of the nature of the property, shall lead to a unreasonable burden, which cannot be remedied by other measures, in particular by the granting of an exemption or exemption, is to provide adequate compensation. (2) The compensation shall be made in money. 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. (3) The expropriation of land for the good of the general public for reasons of nature conservation and the maintenance of the countryside is governed by the law of the country. (4) The countries may provide that owners and owners of land and land are subject to the law of the country. Persons entitled to use, to whom, under the provisions of this Act, legislation enacted or continued under this Act, or the nature of the nature of the nature of the country, in particular the agricultural, forestry and fishing industries The use of land is made much more difficult without compensation for paragraphs 1 to 3 may be paid, upon request, by appropriate compensation in accordance with the respective budget law.

Footnote

§ 68 para. 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 54 (1) of the Landesnaturschutzgesetz (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 Bundesnaturschutzgesetz (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. 350, 402 mWv 1.6.2010 (cf. BGBl. I 2011, 93)
Section 68 (1) and 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern-Deviation by Section 36 (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, 1622)

Chapter 10
Fines and penalties

Unofficial table of contents

Section 69 Penal rules

(1) Contrary to the law, who knowingly worries a wild animal in violation of § 39, paragraph 1, point 1. (2) who acts in an order of law

1.

, contrary to Article 44 (1) (1) of a wild animal, it intercepts, injured or kills or departs, damages or destroys its forms of development from nature,

2.

, contrary to Article 44 (1) (2), a wild animal is seriously disturbed,

3.

, contrary to Article 44 (1) (3), a reproduction or resting place from nature is taken, damaged or destroyed; or

4.

Contrary to Article 44 (1) (4), a wild plant or its forms of development are taken from nature, or damaged or destroyed.

(3) Contrary to the law, who intentionally or negligently

1.

, without authorisation pursuant to Article 17 (3), first sentence, an intervention in nature and the countryside,

2.

a enforceable order pursuant to § 17 (8) sentence 1 or sentence 2, § 34 (6) sentence 4 or sentence 5, § 42 (7) or (8) sentence 1 or sentence 2, also in conjunction with § 43 (3) sentence 4, or § 43 (3 sentence 2 or sentence 3),

3.

, contrary to Article 22 (3), third sentence, an act or measure referred to therein,

4.

in accordance with Article 23 (2), first sentence, in conjunction with a legal regulation pursuant to § 57 (2), the act or measure referred to in paragraph 57 (2) in a marine area protected as a nature reserve,

5.

Contrary to Article 30 (2), first sentence, a biotope referred to there is destroyed or otherwise significantly affected,

6.

, contrary to the first sentence of Article 33 (1), including in conjunction with the first sentence of paragraph 2, a change or disorder shall be carried out,

7.

Contrary to Article 39 (1) (1), a wild animal catches, injured or kills a wild animal for no reasonable reason,

8.

, contrary to Article 39 (1) (2), a wild plant, without any reasonable cause, takes, uses, or uses, or otherwise devastates, its stocks,

9.

, contrary to Article 39 (1) (3), a life-place of wild animals or plants is seriously affected or destroyed for no reasonable reason,

10.

Contrary to Article 39 (2), first sentence, a wild animal or a wild plant is taken from nature,

11.

, without authorisation pursuant to Article 39 (4), first sentence, of a wild-living plant taking or processing or processing a wild plant,

12.

, contrary to Article 39 (5), first sentence, point 1, the ground floor shall be burnt or treated as a surface area,

13.

Contrary to Article 39 (5), first sentence, point 2, a tree cut a hedge, a living fence, a bushes or another tree, or put it on the stick,

14.

Contrary to Article 39 (5), first sentence, point 3, a re-cut is cut back,

15.

Contrary to Article 39 (5), first sentence, point 4, the Graben shall give a digging,

16.

Contrary to Article 39 (6), a cave, a tunnel, an earth cellar or a similar space are sought,

17.

, without authorisation pursuant to Article 40 (4), first sentence, a plant of a non-resident species or an animal shall be issued,

18.

shall set up, extend, substantially amend or operate a zoo without authorisation pursuant to Article 42 (2), sentence 1,

19.

, contrary to § 43 (3) sentence 1, an indication is not reimbursed, not correct, not complete or not in good time,

20.

in accordance with § 44 (2), first sentence, point 1, also in connection with Section 44 (3) (1) or (2), which in conjunction with a legal regulation pursuant to § 54 (4), an animal, a plant or a commodity in possession or custody takes possession or custody of a plant or a product; Have custody or be processing or processing,

21.

In accordance with Article 44 (2), first sentence, point 2, also in conjunction with Section 44 (3) (1) or (2), which, in conjunction with a legal regulation pursuant to § 54 (4), sells, sells, offers for sale or purchase a plant or a commodity, , for sale in stock or for sale, exchange or transfer for use or for use, acquires, display for commercial purposes, or otherwise uses,

22.

Contrary to § 50 (1) sentence 1, an animal or a plant does not report correctly or in time for import or export, or does not present it in time,

23.

Contrary to § 50 (2), does not make a communication, not correct, not complete or not in good time,

24.

Contrary to Section 52 (1), information is not provided, not correct, not complete or not in good time,

25.

, contrary to § 52 (2) sentence 2, does not support a commissioned person or does not submit a business document correctly, not in full or in a timely manner,

26.

shall, in accordance with the first sentence of Article 61 (1) or the second sentence of paragraph 1, set up or substantially alter a building plant in a water

27.

a legal regulation in accordance with

a)

Section 49 (2),

b)

Section 54, paragraph 5,

c)

Section 54, paragraph 6, first sentence, paragraph 7 or paragraph 8

or a enforceable order by virtue of such a decree, to the extent that the legal regulation refers to that fine for a certain amount of the offence.

(4) The offence is contrary to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 378, 27.12.1996, 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 deliberately or negligently:

1.

contrary to the first sentence of Article 4 (1) or the first sentence of paragraph 2 or the first sentence of Article 5 (1) or the first sentence of Article 5 (4), an import authorisation, an export authorisation or a re-export certificate, not correct, not complete or not in good time ,

2.

, contrary to the provisions of Article 4 (3) (1) or (4), an import declaration shall not be presented, not correctly, in full or in a timely manner,

3.

Contrary to the provisions of Article 8 (1), including in conjunction with paragraph 5, a copy of a kind referred to in that paragraph shall be purchased, offered for sale, purchased, displayed or used for commercial purposes, or sold or available for sale for sale offers, offers or transports, or

4.

a fully-fledgable condition referred to in the first sentence of Article 11 (3).

(5) The offence is contrary to Council Regulation (EEC) No 3254/91 of 4 November 1991 on the prohibition of leghold traps in the Community and imports of fur and goods from certain wild animal species from countries, leghold traps or Do not use appropriate trapping methods (OJ L 327, 30.4.2004, p. 1), by acting intentionally or negligently

1.

uses, contrary to Article 2, leghold traps, or

2.

, contrary to the provisions of Article 3 (1), first sentence, a fur of a species referred to in that paragraph or a product referred to therein is placed in the Community.

(6) In the cases referred to in paragraphs 1 and 2, in paragraphs 1 to 6, 18, 20, 21, 26 and 27 (b), (4) (1) and (3) and in paragraph 5, the administrative offence may be subject to a fine of up to EUR 50 000, in the other cases with a fine of up to ten thousand euros. (7) Countries may determine by law that any other illegal and reprehensible act that violates the provisions of this law or legislation based on this law shall be subject to the law. Law has been issued or continues to be punishable as administrative offences.

Footnote

Section 69 (3) No 1 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 43 (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)
§ 69 para. 3 no. 5 idF d. G v. 29.7.2009 I 2542: Niedersachsen-Deviation by Section 43 (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)
Section 69 (3) (19) and 26 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein-Deviation by Section 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) Unofficial table of contents

Section 70 Managing Authority

Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be

1.

The Federal Agency for Nature Conservation in the cases

a)

Article 69 (3) (20) and (21) and (4) (3) in the case of acts relating to the import into or export from the Community or to the transfer to or from the Federal Republic of Germany;

b)

Section 69 (3) (24) in the event of violations of the obligation to provide information to the Federal Office,

c)

Article 69 (3) (25) and (4) (4) in the case of measures taken by the Federal Office,

d)

Section 69 (4) (1) and (5) (2),

e)

other administrative offences in accordance with section 69 (1) to (5), which have been committed in the area of the German exclusive economic zone or the continental shelf,

2.

the main customs office responsible in the cases of section 69 (3) (22), (23) and (27) (a) and (4) (2),

3.

in all other cases, the competent authority in accordance with national law.

Unofficial table of contents

Section 71 Criminal Code

(1) With a custodial sentence of up to five years or a fine shall be punished for who shall be

1.

Section 69, paragraph 2, or

2.

Section 69 (3) (21), (4) (1) or (5)

(2) It shall also be punished who, contrary to Article 8 (1) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of the environment, is liable to: of species of wild fauna and flora by monitoring trade (OJ L 327, 30.4.2004, p. 1), as last amended by Regulation (EC) No 398/2009 (OJ L 344, 27.3.2009, p. 5), a copy of a species listed in Annex A

1.

be sold, bought, offered for sale or purchase, or held in stock for sale or for sale or

2.

shall acquire, display or use for commercial purposes.

(3) Any person who, in the cases referred to in paragraphs 1 or 2, has a professional or customary practice shall be punished with imprisonment of three months to five years. (4) In the cases referred to in paragraphs 1 or 2, the perpetrator shall not be negligent in the cases referred to in paragraph 1 or 2. In the case of an animal or plant of a species referred to therein, the penalty shall be for a period of up to one year or a fine. Unofficial table of contents

Section 71a Criminal Code

(1) With a custodial sentence of up to three years or a fine shall be punished, who

1.

Article 4 (2) or Annex I to Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild fauna and flora (OJ L 327, 22.12.2009, p. Bird species (OJ L 327, 7), it kills, kills or departs its forms of development from nature,

2.

in accordance with the first sentence of Article 44 (2) (1), the animal or plant shall take possession, possession, possession or processing of an animal or a plant, or shall be responsible for the

a)

of a strictly protected species listed in Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as last amended by Directive 2006 /105/EC (OJ L 206, 22.7.2006, p. OJ L 363, 20.12.2006, p. 368), or

b)

of a particularly protected species listed in Article 4 (2) or Annex I to Directive 2009 /147/EC, or

3.

a deliberate act referred to in Article 69 (2), (3) (21), (4), point (1) or (5) shall be carried out on a commercial or habitual basis.

(2) It 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 species listed in Annex B shall be punished.

1.

be sold, bought, offered for sale or purchase, or held in stock for sale or for sale or

2.

shall acquire, display or use for commercial purposes.

(3) In the cases referred to in paragraph 1 (1) or (2) or (2), the offender does not recognise that the act relates to an animal or a plant of a species referred to in that paragraph, the penalty shall be for up to one year. (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

Section 72 confiscation

If an offence has been committed in accordance with § 69 (1) to (5) or a criminal offence pursuant to § 71 or § 71a, it may be possible to:

1.

articles to which the offence or the offence of regularity relates; and

2.

goods which have been or have been used for the purpose of their observation or preparation,

be drafted. § 23 of the Law on Administrative Offences and Section 74a of the Criminal Code are to be applied. Unofficial table of contents

Section 73 Powers of the customs authorities

The competent administrative authorities and the public prosecutor ' s office may, within the limits of their jurisdiction to investigate criminal offences or administrative offences under this law, also conduct investigations by the main offices or authorities of the Customs officers and their officials shall be made to carry out the duties. Section 21 (2) to (4) of the Foreign Trade Act shall apply accordingly.

Chapter 11
Transitional and transfer rule

Unofficial table of contents

Section 74 Transiting and transfer arrangements

(1) Procedures for the recognition of associations begun before 1 March 2010 shall be completed

1.

by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in accordance with § 59 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version currently in force until 28 February 2010,

2.

by the competent authorities of the Länder in accordance with the provisions of the national law adopted pursuant to § 60 (1) and (3) of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version in force until 28 February 2010.

(2) Administrative procedures commenced before 3 April 2002 shall be brought to an end in accordance with Article 29 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version valid up to that date. Administrative procedures commenced before 1 March 2010 shall be brought to an end 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 Section 29 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the as amended by the Federal Government or the Länder until 3 April 2002 or in accordance with § 59 or in the framework of Section 60 (1) and (3) of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in the version valid until 1 March 2010.

Footnote

§ 74 para. 3 idF d. G v. 29.7.2009 I 2542: Hamburg-Deviation by Section 21 (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. P. 350, 402, as amended by Art. 2 G v. 2.12.2013 HmbGVBl. See 484, mWv. 7.12.2013 (cf. BGBl. I 2015, 123)