Environmental liability acts of the Provinces
In accordance with the Austrian distribution of competences, damage to protected species and natural habitats (often referred to as biodiversity) as well as soil damage caused by certain activities fall within the regulatory scope of the Federal Provinces. The introduction of liability for biodiversity damage represents a significant innovation in the Austrian legal system.
Do the environmental liability acts of the Provinces differ from the Federal Environmental Liability Act (“B-UHG”) - apart from the assets to be protected?
The liability systems regulated in the provincial environmental liability acts essentially correspond to the B-UHG. However, under the provincial laws on environmental liability, an operator is not only liable for damage to biodiversity caused in the course of the hazardous activities listed there, but also for damage caused by other professional activities. But only if he is at fault.
Federal Environmental Liability Act, consolidated version (RIS)
When is biodiversity damage deemed to have occurred?
For the purposes of the provincial environmental liability acts damage to protected species and natural habitats is deemed to have occurred if there are significant adverse effects with regard to achieving or maintaining the favourable conservation status of these habitats or species. Adverse effects that have been expressly authorised by the competent authorities in accordance with provincial laws (e.g. nature conservation laws) are exempted from this rule. The protected species and habitats are those listed in the “Birds Directive" of 1979 (Directive 79/409/EEC) and the "Habitats Directive" of 1992 (Directive 92/43/EEC).
Which provincial environmental liability acts are there?
The following provincial laws on environmental liability or amendments to existing provincial laws have been enacted in implementation of the Environmental Liability Directive and can be found in the Austrian Legal Information System (in German):
- Burgenländisches Umwelthaftungsgesetz
- Kärntner IPPC-Anlagengesetz
- Kärntner Landes-Pflanzenschutzmittelgesetz
- Kärntner Naturschutzgesetz
- Niederösterreichisches Umwelthaftungsgesetz
- Oberösterreichisches Umwelthaftungsgesetz
- Salzburger Umweltschutz- und Umweltinformationsgesetz
- Steiermärkisches Umwelthaftungsgesetz
- Tiroler Umwelthaftungsgesetz
- Vorarlberger Gesetz über Betreiberpflichten zum Schutz der Umwelt
- Wiener Umwelthaftungsgesetz
Contact
Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management
Directorate V/1 - Company-related Waste Legislation, Waste Shipment and Environmental Liability
Email: v1@bmluk.gv.at