Description
Description
The aim of nature conservation is to preserve nature and the landscape on the basis of their intrinsic value and as the basis of human life. As it is becoming increasingly clear that overuse and destruction of nature and landscape can have serious negative consequences for people, the aim is to restore, preserve and ensure the long-term and sustainable usability of the natural balance.
The intervention regulation of the Lower Saxony Nature Conservation Act contains rules for dealing with nature and landscapes that are not specially protected.
According to the Lower Saxony Nature Conservation Act, an interventionis deemed to have occurred if the shape or use of land is changed and this change can significantly impair the efficiency of the ecosystem or the landscape. An intervention may only be permitted if it overcomes all the consequences of the intervention in accordance with the obligations of the intervention regulation. The legal consequences of the impact regulationcan be - in this order:
- Avoidanceof impairments: In the case of a project that constitutes an impact, care must be taken to ensure that its implementation does not impair the capacity of the ecosystem and the landscape more than is absolutely necessary for the realization of the project. An impact is avoidable if the project can also be implemented in a modified way (e.g. moved or reduced in size) so that less or no impact is caused.
- Compensatory measures:Unavoidable impairments to the capacity of the ecosystem and the landscape must be compensated for. This is achieved if all significant impairments can be reduced to an insignificant level with nature conservation and landscape management measures (compensatory measures). The significant impairments can be considered compensable if the destroyed or significantly impaired functions and values can be restored in the medium term, i.e. within a maximum period of 25 years. The compensatory measures do not necessarily have to be carried out on the site of the impact, but in the area affected by the impact. This is almost always a significantly larger area than the built-over or directly altered base area.
- Prohibition:If, as a result of an encroachment, significant impairments to the efficiency of the ecosystem or the landscape are to be expected that cannot be avoided and compensated for, the encroachment is inadmissible if nature conservation and landscape management take precedence in the balancing of interests. The balancing decision can only be made on the basis of an overall view of all nature and landscape requirements. There are no interests that take precedence from the outset.
- Replacement measures:If interventions are permitted despite significant impairments that cannot be compensated for, the party responsible for the intervention must restore the functions and values of the ecosystem and landscape that are destroyed or significantly impaired as a result of the intervention in the area affected by the intervention in as similar a manner as possible.
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Compensation paymentscan replace replacement measures if replacement measures are not possible, the land required for their implementation cannot be procured or can only be procured at disproportionately high expense or the measures are not compatible with the landscape planning. The amount of the compensation payment is determined by the duration and severity of the intervention. It amounts to a maximum of 7 percent of the costs of planning and implementing the intervention project, including land acquisition. In other cases, it covers the costs of planning and implementing the measures that were not carried out. The compensation payment is due to the responsible body and is to be used to improve the condition of nature and the landscape.