Nature Conservation Implementation Act (Mecklenburg-Western Pomerania)
| Basic data | |
|---|---|
| Title: | Law of the State of Mecklenburg-Western Pomerania to implement the Federal Nature Conservation Act |
| Short title: | Nature Conservation Implementation Act |
| Abbreviation: | NatSchAG MV |
| Type: | State Law |
| Scope: | Mecklenburg-Western Pomerania |
| Legal matter: | Special administrative law , environmental law |
| References : | GS Meckl.-Vorp. Eq. No. 791-9 |
| Issued on: | February 23, 2010 ( GVOBl. MV p. 66) |
| Entry into force on: | March 1, 2010 |
| Last change by: |
Art. 4 G of January 15, 2015 ( GVOBl. MV S. 30, 36 ) |
| Effective date of the last change: |
February 1, 2015 (Art. 8 Paragraph 1 G of January 15, 2015) |
| Please note the note on the applicable legal version. | |
The law of the land Mecklenburg-Vorpommern to run the Federal Nature Conservation Act (Conservation Implementation Act - NatSchAG MV) is in force since February 22, 2010 Nature Conservation Law of the Land Mecklenburg-Vorpommern . It comprises 43 paragraphs in eleven chapters as well as three annexes and regulates the interests of nature conservation in Mecklenburg-Western Pomerania in competing legislative competence together with the Federal Nature Conservation Act . The title of the law is intended to make it clear that this state law no longer contains full regulations under state law, but only takes effect in conjunction with the Federal Nature Conservation Act.
History of origin
As part of the federal reform, an environmental code should be launched between 2006 and 2009 . The aim was to harmonize and unify state legal requirements in order to strengthen the states vis-à-vis the federal government . The previous framework legislative competence in the areas of nature conservation and water management would have been abolished. Due to the resistance of the CSU and the state of Bavaria , this failed. In the summer of 2009, an agreement was reached on the competing legislative competence, in which comprehensive regulations are made in federal law, which only need to be specified in state law if there are no requirements at federal level. The Federal Nature Conservation Act, which was previously a framework law, has now become directly applicable law for all German citizens that detailed provisions in the respective state law are dispensed with. As part of the competing legislative competence, the states are required to issue their own regulations within six months of the adoption of the federal law in order to determine open details. With the resolution of the Federal Nature Conservation Act in September 2009, the federal states had until March 2010 to make their own statutory regulations. In addition to Mecklenburg-Western Pomerania, Schleswig-Holstein, Lower Saxony, Hamburg and Bremen followed the path to do this by amending the State Nature Conservation Act.
In addition to the Nature Conservation Act, the Mecklenburg-Western Pomerania State Water Act was also amended. The current version is based on the previous laws from 1998, 2002 and 2006 as well as the draft version for the 2nd amendment of the State Nature Conservation Act, which was already drawn up in the first half of 2009. In comparison, the text of the law was halved by the now nationwide uniform requirements of the Federal Nature Conservation Act, which means extensive deregulation . The standardization in individual areas is criticized, for example the reduction of the water protection strips to the national standard of 50 meters.
Differences from the previous law
In the new State Nature Conservation Act, regulations that now directly regulate the Federal Nature Conservation Act had to be repealed, special regulations of the previous State Nature Conservation Act, for example on the Foundation for the Environment and Nature, had to be continued, and deviating regulations had to be revised.
The structure, chapter structure, paragraph order and terminology of the NatSchAG MV was strongly based on the Federal Nature Conservation Act. For the most part, the content can be found in the same paragraphs, which makes orientation easier. The Federal Nature Conservation Act specifies general principles, species protection and marine nature protection, in areas free of deviations, i.e. relatively strict content-related requirements.
Previous requirements for good professional practice have been deleted, as Section 5 BNatschG is now directly applicable. There are no new monitoring obligations. Within the scope of their responsibilities, the federal government and the federal states observe the species and habitats that are prescribed to them by international legal obligations (e.g. Bern Convention) and European law within the framework of Natura 2000 .
In § 11 NatSchAG MV, in addition to the four levels of landscape planning ( spatial planning ) in the Federal Nature Conservation Act, the expert landscape program is made mandatory.
Section 12 NatSchAG specifies what is to be regarded as an interference in nature and landscape . The equal and nearby equalization , which had priority up to now , was put on an equal footing with the equal value in the natural area . Regulations on the eco-account were newly introduced in this area . A permanent deterioration of the living nature (intervention) can be compensated by a permanent upgrading of the living nature (compensatory character). Compensation measures can also be carried out in other protected areas on the basis of the compensation regulations in Section 15 (2), through implementation of the Water Framework Directive and in the form of CEF measures . It should be noted that there is no double funding, for example during planning and later implementation, so that subsidy fraud does not occur.
In the course of the Mecklenburg-Western Pomerania regional reform in 2011 , an increased relocation of individual tasks, such as the care of nature reserves and species protection, to the districts is to be expected.
The protected area category National Natural Monument , newly introduced in the Federal Nature Conservation Act 2010 , is expected to be applied to the island of Vilm .
The previously extensive catalog of services of the nature parks has been deleted. The requirements of the Federal Nature Conservation Act now apply immediately.
Section 21 NatSchAG MV deals with the 35% of the land area that is classified as a Natura 2000 area. A general protection by statutory ordinances of the state government is made possible. Mecklenburg-Western Pomerania was based on the requirements of other extensive federal states such as Rhineland-Palatinate . The introduction of a new category of protected areas, such as the European protected areas in Austria, did not take place.
Web links
- Complete edition of the Nature Conservation Implementation Act. Retrieved July 24, 2015 .
- Draft law of December 2, 2009 (PDF; 266 kB) With reference to the Federal Nature Conservation Act and further explanations from p. 74. Accessed on July 24, 2015 .
Individual evidence
- ↑ § 11 in the old BNatschG is therefore no longer applicable.
- ↑ National Natural Monument - a new category of protected areas in Germany with the planned classification of the island of Vilm as a National Natural Monument
