Soil Protection Law
The soil protection law is the set of governing a country or countries Community laws , regulations and directives with legal effect in the field of soil protection .
Legal situation in Europe
In 2006 the European Commission presented a draft for a Soil Framework Directive (BRRL) for the European Union . This lays down a common legal framework for soil protection and specifies, among other things, the designation of risk areas for the member states.
Germany
In Germany, soil protection was given a uniform basis in 1999 with the Federal Soil Protection Act (BBodSchG) and the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV). This is extended by priority legislation such as the Recycling and Waste Management Act , the Water Management Act and the Federal Nature Conservation Act . In addition, fertilizer and plant protection law , pollution control law as well as building planning and building regulations have priority .
Federal soil protection law is also supplemented by laws and ordinances at the state level .
With the creation of soil protection law in Germany, after air (BImSchG and state pollution control laws) and water (WHG and state water laws), the soil was the last environmental medium to be subject to special legal protection.
Switzerland
The legal basis for soil protection in Switzerland is the Environmental Protection Act (USG) of 1983. Three years later, the Ordinance on Pollutants in Soil (VSBo) came into force, which was replaced in 1998 by the Ordinance on Soil Pollution (VBBo). The ordinance obliges the cantons, among other things, to actively protect soils.
literature
- Hans-Peter Vierhaus: "The Federal Soil Protection Act", Neue Juristische Wochenschrift (NJW) 1998, pp. 1262–1269.
- Christian Scherer-Leydecker: Soil Protection Law. Legal and administrative regulations, comments and practical guides, related legal areas. Additional loose-leaf publication, ecomed Sicherheit, Landsberg am Lech, from 2001. ISBN 978-3-609-21000-1 .
- Irene Heuser: European soil protection law. Erich Schmidt Verlag, Berlin, 2005. ISBN 978-3-503-08700-6 .
- Wilfried Erbguth , Frank Stollmann: Soil protection law. Nomos, Baden-Baden, 2001. ISBN 978-3-789-07172-0 .
- Andreas Glaser : Distribution of competencies and subsidiarity in the European Community using the example of the Soil Protection Framework Directive (E-BodSchRRL). In: Journal for Legislation (ZG), 22nd year (2007), pp. 366–383.
