Federal Forest Act

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Basic data
Title: Law for the conservation of the forest and the promotion of forestry
Short title: Federal Forest Act
Abbreviation: BWaldG
Type: Federal law
Scope: Federal Republic of Germany            
Legal matter: Administrative law
References : 790-18
Original version from: May 2, 1975
( BGBl. I p. 1037 )
Entry into force on: May 8, 1975
New announcement from: August 26, 1985
( Federal Law Gazette I, p. 1756 )
Last change by: Art. 1 G of January 17, 2017
( Federal Law Gazette I p. 75 )
Effective date of the
last change:
January 27, 2017
(Art. 2 G of January 17, 2017)
GESTA : F034
Please note the note on the applicable legal version.

The Federal Forest Act ( BWaldG ) and the law for the conservation of the forest and the promotion of forestry came into force on May 2, 1975. It regulates u. a. the conservation and management of the forests in Germany , the forestry associations and the promotion of forestry .

content

The Federal Forest Act was enacted in particular for the purpose

  • the forest because of its economic use (useful function) and because of its importance for the environment , in particular for the permanent efficiency of the natural balance, the climate , the water balance , keeping the air clean , soil fertility, the landscape, agricultural and infrastructure and recreation of the population (protective and recreational function), to increase if necessary and to ensure its proper management in the long term,
  • to promote forestry and
  • to strike a balance between the interests of the general public and the interests of the forest owners.

For example, Section 14 regulates the basic right of entry for the purpose of recreation.

Competing Legislation

In accordance with the framework legislation , state forest laws in the federal states were adapted or newly enacted as a result of the Federal Forest Act. The federalism reform of 2006 abolished the framework legislation, so including falling parts of the Federal Forest Act now according to Art. 74 of the concurrent legislative subject. This means that new regulations made by the federal government in the Federal Forest Act apply directly in the individual federal states and supersede corresponding state law, unless the federal states make use of the right to deviate .

An example of the right of deviation in forest legislation is the form of spa and medicinal forests, which is only legally protected in Mecklenburg-Western Pomerania.

Web links

  • Federal Forest Act (law for the conservation of the forest and the promotion of forestry)

Individual evidence

  1. § 1 of the Federal Forest Act
  2. Bavarian State Ministry for Food, Agriculture and Forests (Ed.): Guide for Bavarian forest owners . Forest Act and other legal provisions. Munich November 2010, II. Legal texts, p. 35 ( bayern.de [PDF; accessed on September 18, 2018]).
  3. § 22 Recreational, spa and medicinal forest , Forest Act for the State of Mecklenburg-Western Pomerania 2011. in Section III. Preservation, management, protection and reproduction of the forest (as amended ).