Environmental Protection Act
| Basic data | |
|---|---|
| Title: | Federal law on environmental protection |
| Short title: | Environmental Protection Act |
| Abbreviation: | USG |
| Type: | Federal law |
| Scope: | Switzerland |
| Legal matter: | Environmental law |
|
Systematic legal collection (SR) : |
814.01 |
| Original version from: | October 7, 1983 |
| Entry into force on: | January 1, 1985 |
| Last change by: | AS 2013 3241 |
| Effective date of the last change: |
1. November 2013 |
| Please note the note on the applicable legal version. | |
The Swiss federal law on environmental protection , in short: Environmental Protection Law , abbreviated USG, is based on Articles 74 and 120 of the Federal Constitution . According to this, the Confederation issues “regulations on the protection of people and their natural environment from harmful or nuisance” (Art. 74) and “on the handling of germs and genes of animals, plants and other organisms” (Art. 120).
The USG also applies in Liechtenstein .
Goal setting
In Article 1, the law defines the goal of "protecting people, animals and plants, their communities and habitats from harmful or annoying influences and permanently preserving the natural foundations of life, in particular biological diversity and the fertility of the soil." January 2004 in force and was last changed on March 21, 2003 by the Genetic Engineering Act.
Most important regulatory areas and contents
The anchoring of four basic principles of environmental protection in the ESA is particularly important for practical environmental policy in Switzerland:
- Precautionary principle : Art. 1, Paragraph 2 calls for the early limitation of "effects that could be harmful or annoying". The environmental impact assessment (EIA) is therefore provided as an essential instrument for implementing the precautionary principle in Articles 10a - 10d . According to this, projects are subject to an examination if they could significantly pollute the environment. In particular, the EIA includes statements about the expected extent of environmental pollution and how these pollution could be reduced and avoided.
- Polluter pays principle : Art. 2 stipulates that the polluter of measures under the ESA has to bear the costs. This is to prevent the costs caused by environmentally harmful activities from being passed on to the general public. Internalising these costs when the activity is carried out contributes to more meaningful prices and thus to better market economy competition.
- Principle of combating at the source: According to Art. 11, emissions that contribute to air pollution are to be limited “by taking measures at the source”. Because unlike z. B. polluted water, polluted air cannot be cleaned afterwards.
- Cooperation principle : In several provisions, such as Articles 31 and 41, authorities, business and the population are obliged to cooperate in the implementation of the law.
