Ministry of Environment, Health and Consumer Protection, Brandenburg
In July 2009, a new Federal Nature Conservation Act was passed in Germany, coming into force on 1 March 2010. The 2010 Federal Nature Conservation Act (known as BNatSchG 2010 for short) was based on a new constitutional approach; previously, the Federal Government had merely set out the framework legislation; the principal instruments of implementation (approvals procedures, designation of protected areas, possibilities for authorities to issue prohibitions or directives) were embodied in law by the individual federal states.
BNatSchG 2010 marks a change in this approach. The new act lays down rules for implementation which had previously been regulated solely – and in some cases quite differently – by the various federal states. The states were thus empowered to issue their own nature conservation laws only in relation to a few specific areas. A number of states have already passed such laws. The state of Brandenburg also intended to pass a law of this kind by the end of 2011.
The project involved preliminary scientific work to assist in preparing the draft law. adelphi also assisted the Brandenburg Environment Ministry in coordinating between the relevant departments as necessary and offered its support in the legislative procedure.