Hunting Law (Austria)
The objective hunting law in Austria includes all legal norms that deal with hunting. The subjective right to hunt is inextricably linked to property , while the practical right to hunt, following the principle of the hunting system, requires a hunting area (owned or cooperative hunting area) with a specified minimum area.
Hunting laws
Hunting laws are passed at the state level . There are therefore nine different hunting laws, but they are largely the same. Nature conservation law is also state law. Other laws related to hunting law such as the Weapons Act or the Animal Welfare Act are federal laws . With the exception of areas for "agricultural wildlife husbandry", all areas are huntable areas. However, there are also areas on which the hunt “rests” (for example in the vicinity of houses, on cemeteries, public roads, etc.).
implementation
The district administrative authorities are legally entrusted with the implementation of the respective hunting law, various tasks are assigned to the state hunting associations under the supervision of the authority. Each federal state has its own state hunting association, which is a corporation under public law .
Hunting areas
Huntable areas are divided into private hunts (in most federal states at least 115 ha area, in Burgenland and Tyrol 300 ha area), contiguous community hunts (at least 500 ha area; compulsory by the authorities from various small areas of different property owners) and special hunting areas (community hunts 500 ha area). In private hunting is the owner of land hunting authorized , provided this has a hunting license.
Traditionally, hunts that are not used by the landowner are leased to third parties , which entails assuming all hunting rights and obligations for the respective hunting period (10 years) in the area and is accompanied by special legal provisions (e.g. fixed lease period, obligation to compensate Game damage by the tenant etc.). An alternative to leasing is the shooting agreement, which is increasingly preferred by larger forest administrations in particular and, as a simple contract, gives both sides more room for maneuver. In the case of lease, the leaseholder is the authority's point of contact for hunting matters; in the case of a shooting contract, the authority does not know the shooter.
Community hunts are mostly awarded by public auction to hunting cooperatives or hunting societies (association for the purpose of hunting), but they can also be awarded to individuals or other legal entities .
requirement
The hunt can only be practiced by holders of a hunting license . The prerequisite for obtaining a hunting license is the successful completion of the young hunter examination, which follows a course lasting several months. The exam covers various subject areas (e.g. wildlife studies, law, customs, weapons science, shooting practice, etc.) and takes place before a committee. The exam has to be taken at the place of residence and has very different contents and test modes depending on the federal states. A separate hunting card must be purchased for each federal state, although possession of an Austrian hunting card or a comparable foreign certificate is sufficient to be able to purchase a hunting (guest) card in each federal state.
literature
- Rudolf Gürtler and Peter Lebersorger: Lower Austrian hunting law: commentary . 7th edition. 2010, ISBN 978-3-7046-5363-5 .
- Martin P. Schennach: Hunting law, poaching and "good policey": names and their implementation in early modern Tyrol . Vittorio Klostermann, Frankfurt am Main 2007, ISBN 978-3-465-04023-1 .
- Hans Schlager: Structural problems of the Salzburg hunting law: historical development as well as constitutional problems of hunting law and game ecology . Publishing house Dr. Müller, 2008, ISBN 978-3-639-01425-9 .
Web links
Individual evidence
- ↑ The hunting system. In: jagd-oesterreich.at. Archived from the original on February 13, 2019 ; accessed on February 13, 2019 .
