(1) The conservation, preservation and development of nature and landscapes, both in populated and non-populated areas, shall be such as to effectively serve the following purposes:

1. to maintain the efficiency of the balance of nature,
2. to preserve the exploitability of nature's resources,
3. to conserve fauna and flora, and
4. to safeguard the variety, particularity and beauty of nature and landscapes,

as a basis for mankind's existence and as a prerequisite to recreation in nature and in landscapes.

(2) The requirements resulting from para. 1 shall be weighed one against the other, as well as against other demands of the community on nature and landscapes.

(3) Agriculture and forestry, when pursued properly, play a crucial role in the conservation of cultivated areas and areas designed for recreational purposes. As a general rule, both serve the purposes of the present Act.

(1) The pursuit of the objectives and of conservation of nature and of landscapes shall be guided, where necessary, possible and appropriate, considering all the requirements under Article 1, para. 2, mainly by the following principles:

1. The efficiency of the balance of nature shall be maintained and improved. Anything that adversely affects this balance shall be avoided or compensated for.
2. Non-built-up areas of a size adequate for them to fulfil their purpose shall be preserved, both in general and in particular, since the conservation of these areas is a prerequisite to maintaining the balance of nature, utilising nature's resources and finding recreation in nature and landscapes. Special efforts shall be made to protect, preserve and develop parts of nature and of landscapes, including green areas and their fauna and flora populations, in built-up areas.
3. Economical use shall be made of those resources of nature which are not renewable. Consumption of renewable resources shall be controlled in such a way as to ensure their continued and lasting availability.
4. The soil shall be preserved; any loss of its natural fertility shall be avoided.
5. Any destruction of parts or components of landscapes in the course of mining for natural resources shall be avoided. Lasting damage to the balance of nature shall be prevented. Any adverse effects on nature and landscapes which inevitably result from the exploration and extraction of natural resources and from soil deposits shall be compensated for by recreating the original landscape or by relandscaping areas modelled after nature.
6. Water areas shall also be conserved and increased in size within the framework of nature and landscape conservation efforts. Waters shall be protected against pollution, and their natural self-cleaning properties shall be preserved or restituted. Where possible, systematic development of watercourses from a purely technical point of view shall be avoided, to be replaced by biological water engineering methods.
7. Efforts made within the framework of nature and landscape conservation shall also be aimed at keeping air pollution and noise levels to a minimum.
8. Adverse effects on the climate, in particular the local climate, shall be prevented. Where such effects are inevitable, they shall be compensated for, or reduced, by landscape conservation efforts.
9. Proper use of vegetation shall be ensured. This shall apply in particular to forests, other areas fully covered with plants and vegetation on river banks and lake shores. Where vegetation covers are removed in non-populated areas, they shall be replaced by new vegetation which fits in with the local environment.
10. The natural and historically grown variety of wild fauna and flora, as well as their biocenoses, shall be conserved since they are a part of the balance of nature. Their habitats and biotopes, as well as their other living conditions shall be conserved, preserved, developed and restituted.
11. Suitable areas in sufficiently large numbers designated as a function of their location and their natural conditions as areas to be used for short-term recreation by city dwellers living in the vicinity, or as holiday resorts for longer-term recreation, or for other leisure pursuits, shall be developed, appropriately designed and preserved.
12. Access shall be facilitated for the population to parts of landscapes which, by their nature, are particularly suitable for recreational purposes.
13. Historically important cultivated landscapes, or parts of such landscapes, characterised by their singularity shall be preserved. This shall also apply to areas surrounding cultivated landscapes, man-made or natural monuments which are under protection or worthy of protection, where this is required in order to preserve the singularity and the beauty of the monuments concerned.

(2) Further principles may be established by laws enacted in the individual Länder.

(1) Interventions in nature and in landscapes, as defined in this Act, shall be any changes affecting the appearance or use of areas which lead to considerable or lasting impairment of the efficiency of the balance of nature or of the natural scenery.

(2) The intervener shall be obliged to omit any avoidable impairment of nature and of landscapes, and to compensate for any inevitable impairment, within a period to be specified, by nature and landscape conservation measures, where such measures are required in order to attain the objectives of nature and landscape conservation. The prerequisite to any such obligation shall be that other legal provisions stipulate that the interventions involved shall be subject to authorisation, permission, permits, consent, plan approval, other decisions by, or notification of, competent authorities. Whether a given intervention is subject to the above obligation or not shall be determined by the authority in charge of giving approval or receiving notification. An intervention shall be deemed compensated for if, after its completion, there is no considerable or lasting impairment of the balance of nature, and if the previous landscape has been restituted or if relandscaping measures have been carried out.

(3) In cases where such interventions involve inevitable impairment, or impairment which cannot sufficiently be compensated for, and where the interests of nature and landscape conservation are ruled, upon consideration of all other demands made on nature and landscapes, to take precedence over such demands, these interventions shall be prohibited.

(4) In cases where interventions in nature and landscapes are to be carried out on the basis of specialist plans in accordance with public law, the planning bodies concerned shall describe in detail, by means of written explanations and maps incorporated in specialist plans, all nature and landscape conservation measures required to compensate for the interventions envisaged.

(5) In cases where legal provisions do not stipulate stronger participatory rights for the authorities in charge of nature and landscape conservation, or where the decisions involved are taken by these authorities themselves, the planning bodies concerned shall consult with the authorities in charge before taking decisions or adopting measures. This shall not apply to decisions based on development plans.

(6) In cases where authorities plan interventions in nature and landscapes without having obtained prior decisions by competent authorities, as specified in para. 2, paras 2 to 5 shall apply mutatis mutandis.

(7) Where land is used for agricultural, forestry and fishery purposes in accordance with proper procedures as defined in the Act, this shall not be considered as an intervention in nature and landscapes.

(8) Land governments may rule that changes in the appearance or the use of certain types of area which normally do not induce considerable or lasting impairment of the efficiency of the balance of nature or of the natural scenery shall not constitute interventions. Likewise, they may rule that certain types of change shall constitute interventions, providing that they normally qualify in accordance with the definition specified in para. 1 above.

(9) Land governments may adopt more stringent provisions under paras 2 and 3, in particular concerning substitute measures required from interveners, in cases where it is impossible to compensate for the effects of interventions which take precedence over nature conservation.

(10) If the intervention is a project subject to an assessment of its environmental impact in line with Article 3 of the Act on the Assessment of Environmental Impacts, the project must fulfil the requirements of the said Act in that decisions must be made under para. 2 sentence 1, para. 3 or the provisions of para. 9.

(1) The Länder may rule that owners and authorised users of areas shall be obliged to tolerate nature and landscape conservation measures executed under this Act, or under regulations adopted within the framework of this Act, unless this represents an unreasonable impediment for the use of an area.

(2) The Länder may adopt more rigorous supplementary provisions.

(1) In populated areas, owners or authorised users of land who fail to maintain their plots of land properly may be obliged to take proper care of their plots, where the condition of such plots constitutes a considerable and lasting impairment of the interests of nature and landscape conservation, and where the maintenance required is both appropriate and reasonable.

(2) The Länder may adopt more rigorous supplementary provisions.

(1) Parts of nature and of landscapes may be designated as:

1. nature reserves, national parks, landscape reserves, nature parks, or
2. natural monuments or protected parts of landscapes.

(2) Such designation shall involve a description of the area concerned, the purpose of its conservation, the orders and prohibitions required to fulfil this purpose, and, where necessary, preservation and development activities, or their authorisation.

(3) The Länder shall lay down regulations specifying, in particular, the following details:

1. the procedure to be adopted under para. 1,
2. interim provisions to protect the parts of nature and of landscapes concerned,
3. their registration.

(4) The Länder may adopt diverging regulations for nature parks. Designation of an area as a national park is subject to consultation with the Federal Minister for the Environment, Nature Conservation and Nuclear Safety, and the Federal Minister for Regional Planning, Building and Urban Development.

(1) The designation of areas as nature reserves shall be a legally binding act, aimed at providing special protection to nature and landscapes as a whole, or to parts of nature and landscapes, by virtue of the following reasons:

1. in order to conserve biocenoses or biotopes of certain species of wild fauna and flora,
2. for reasons of science, natural history or national heritage,
3. because of the areas' uniqueness, particularity or singular beauty.

(2) All actions which may lead to destruction of, cause damage to, or induce changes in, a nature reserve or which may be a source of major disturbance for a nature reserve, shall be prohibited, subject to more specific provisions to be adopted. Where this is compatible with the purpose of protection, nature reserves may be accessible to the general public.

(1) The designation of areas as national parks, which shall be a legally binding act providing uniform protection to the areas concerned, shall be subject to the following conditions:

1. the area concerned is large and of singular character,
2. the criteria defined for nature reserves apply to the greater part of the area concerned,
3. the area has not been affected by human intervention at all, or to a limited extent only,
4. the area helps to conserve the greatest possible variety of native fauna and flora species.

(2) The Länder shall ensure that, taking into account exceptions imposed by the large size of areas or the presence of population centres, national parks enjoy the same protection as that granted to nature reserves. Where this is compatible with the purpose of protection, national parks shall be accessible to the general public.

(1) The designation of areas as landscape reserves shall be a legally binding act which shall be performed in cases where special protection of nature and landscapes is warranted for the following reasons:

1. in order to preserve or restitute efficiency of the balance of nature, or to preserve or restitute usability of nature's resources,
2. because of the diversity, singularity or beauty of the landscapes,
3. because of an area's special importance for recreation.

(2) All actions which alter the character of landscape reserves or are not compatible with the purpose of their protection shall be prohibited, with special consideration given to Article 1 para. 3 and subject to more specific provisions to be adopted.

(1) Nature parks are areas earmarked for uniform development and maintenance which comply with the following conditions:

1. the area involved is large in size,
2. consists mainly of landscape or nature reserves,
3. is particularly suitable for recreational purposes because of its landscape assets,
4. has been designated, in accordance with the principles and objectives of area planning and of regional planning by Länder, either as a recreational area or as a tourist destination area.

(2) Nature parks shall be planned, structured and developed in accordance with their recreational purpose.

(1) The designation of areas as natural monuments shall be a legally binding act aimed specifically at conserving areas which are unique creations of nature and which require special protection for the following reasons:

1. for reasons of science, natural history or national heritage,
2. because of their uniqueness, singularity or beauty.

The area designated may also include the surrounding area necessary to conserve the natural monument concerned.

(2) The removal of natural monuments, as well as any action which may lead to their destruction, defacement or alteration, or which may cause major disturbance to the monument or its protected surrounding area, shall be prohibited, subject to more specific provisions to be adopted.

(1) Parts of landscapes shall be designated, with legally binding effect, as specifically protected parts of nature and of landscapes, where this is required

1. in order to safeguard the efficiency of the balance of nature,
2. in order to improve, structure or preserve the scenery of a local community or landscape, or
3. in order to ward off deleterious influences.

In some areas, this protection may apply to entire tree or hedge populations, or to other parts of the landscape.

(2) The removal of protected parts of landscapes, as well as any action which may lead to their destruction, defacement or alteration, shall be prohibited, subject to more specific provisions to be adopted. In cases where plant populations are reduced, the Länder may rule that substitute vegetation shall be planted, where this is appropriate and reasonable.

(1) Nature reserves, national parks, landscape reserves and natural monuments shall be marked.

(2) The denominations "nature reserve", "national park", "landscape reserve", "nature park" and "natural monument" as well as the marking under para. 1 shall be used only for areas and objects which are covered by the protective provisions of this Section. Markings and denominations capable of being confused with the markings and denominations above must not be used for parts of nature and of landscapes.

(1) The general purpose of the provisions specified in this Section is to conserve and preserve the natural and historically grown variety of wild fauna and flora (species conservation). More specifically, this involves the following tasks:

1. animals and plants, as well as their biocenoses, shall be protected from adverse affects of human interference, in particular due to direct intervention by man,
2. biotopes of wild fauna and flora shall be conserved, preserved, developed or restored, and their other living conditions shall be guaranteed,
3. displaced species of fauna and flora shall be settled in appropriate biotopes within their natural range of distribution.

(2) The legal provisions specified in this Section, as well as any regulations adopted on the basis of the same, shall be without prejudice to other regulation pertaining to the protection of plants and animals, the control of contagious diseases and livestock epidemics, as well as forestry, hunting and fishing laws.

(1) For the purpose of this Section:

1. "animals" means:

a) any species of wild animals, whether alive or dead, as well as living animals of wild species which have been caught or bred in captivity and which are not ownerless,
b) eggs, larvae, pupae or any other forms of development of wild fauna species,

2. "plants" means:

a) any species of wild or artificially propagated plants as well as dead plants of any species,
b) seeds, fruits or any other forms of development of wild flora species.

(2) For the purpose of this Section, "animals" and "plants" also mean any readily recognisable parts or derivatives thereof; in the case of animals or plants which are covered by Council Regulation (EEC) subpara. 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora (Official Journal of the European Communities subpara. L 384 p. 1), only those parts and derivatives which are specified in Article 2 of this Regulation shall be considered as readily recognisable for the purpose of prohibitions imposed on the ownership, the marketing or other trading activities of such goods (Article 20f para. 2), and for the purpose of import and export provisions included in the present Act (Articles 21 to 21f).

(3) The scientific names of animals and plants shall be authoritative for the purpose of defining species in this Section. Each species includes all lower classification levels of zoological or botanical systematics.

(4) A wild species of fauna or flora is regarded as "native" for the purpose of this Section under the following conditions:

1. its range of distribution or its regular area of migration, whether entirely or in part, is in the territory to which this Act applies, or used to be there for a given period of time in history, or
2. its range of distribution or its regular area of migration has naturally expanded to the territory to which this Act applies.

Species of wild fauna or flora are also regarded as "native" if they have become naturalised, whether by themselves or by human interference, and if, for several generations, they have survived in nature as populations without human assistance.

(5) For the purposes of this Section, "population" means a self-preserving community of wild animals or plants of a given species living in a given area.

(6) Furthermore, for the purpose of this Section:

1. "trading" means displaying, keeping for sale, offering for sale, and any transfer to others,
2. "Member state" means a state which is a member of the European Communities,
3. "third country" means a country which is not a member of the European Communities.

(7) For the purpose of this Section, "import" and "export" mean any transportation to or from the territory to which this Act applies.

(1) For the preparation, execution and supervision of the tasks under Article 20, para. 1, the Länder shall take the appropriate action:

1. to describe and assess relevant populations, biocensoses and biotopes of wild fauna and flora, in particular those of endangered species, which are of importance from the point of view of species conservation,
2. to define and implement conservation, preservation and development objectives.

(2) In the interest of the conservation of species and their biotopes, the Länder shall adopt further regulation, providing in particular for the conservation of biotopes of wild fauna and flora species.

(1) Any action which may lead to the destruction, or any major or lasting impairment, of the following biotopes shall be prohibited:

1. moorlands, swamps, reeds, wet meadows covered with sedges and rushes, headwater regions, natural non-built-up sections of brooks and rivers, silted- up areas of stagnant waters,
2. open inland dunes, open natural slopes covered with gravel and scree, shrublet and juniper heathlands, matweed and dry lawn areas, forests and bushes at dry and warm locations,
3. fenwoods, marshy and riparian forests,
4. rocky and steep coastlines, beach banks as well as dunes, salt marshes and Wadden Sea areas in coastal regions,
5. open rock formations, alpine lawns, as well as snow valleys and dwarf pine bushes in alpine regions.

(2) The Länder may provide for exemptions in cases where measures with adverse effects on biotopes can be compensated for, or where such measures are necessary for reasons which are predominately in the public interest. In the latter case, the Länder may stipulate compulsory compensation or replacement measures.

(3) The Länder may add other biotopes to the list of protected biotopes specified in para. 1.

(1) It is prohibited:

1. to disturb wild animals wilfully, or to catch, injure or kill them without good cause,
2. to remove, without good cause, wild plants from their locations, or to use them, cut down their populations, or destroy them in any other way,
3. to damage or destroy, without good cause, the habitats of wild fauna or flora species.

(2) The release, and plantation in nature, of non-native species of wild and non-wild animals and plants shall be subject to permits granted by the competent authority in a given Land. This shall not apply to the cultivation of plants in agriculture and forestry. Such permits shall not be granted in cases where it is not possible to preclude the risk of adulterating native fauna or flora, or of endangering the survival or distribution of nature species of wild fauna and flora, or of populations of such species.

(3) The Länder may adopt supplementary provisions, specifying in particular the conditions under which the removal from the natural state of wild animals or plants of species which are not under any specific protection shall be permitted.
...

(1) The establishment, expansion and operation of wildlife reserves shall require permits to be issued by the competent authority in a given Land. Such permits shall be granted under the following conditions only:

1. there are no adverse effects on the balance of nature or the natural scenery, and there are no unreasonable restrictions on access for the general public to forests, fields, waters or prominent parts of landscapes,
2. the location, size, design and interior facilities of the reserve, as well as the feeding, care of and attendance to the animals comply with provisions of animal protection laws,
3. the establishment, expansion or operation of a reserve is not in conflict with species conservation interests.

(2) In conjunction with the permit procedure, the competent authority shall also determine whether an applicant has met conditions under Article 4, subpara. 20 letter a of the Sales Tax Act.

(3) The Länder shall lay down more detailed regulations; in particular, they may impose more stringent conditions on the issue of permits, grant general exemptions for specific types of wildlife reserve and provide for transitional arrangements.

The use of the denominations "Vogelwarte" (bird-watching haunt), "Vogelschutzwarte" (bird-life protecting station), "Vogelschutzstation" (ornithological station), "Zoo" (zoo), "Zoologischer Garten" (zoological garden), "Tiergarten" (wildlife garden), "Tierpark" (wildlife park), or of names capable of being confused with the denominations above shall be subject to approval by the competent authority in a given Land.

(1) Where other laws do not provide for identical or more extensive forms of participation, incorporated associations shall be entitled under this Section to express their views and to have access to relevant expert reports:

1. during the preparation, by authorities in charge of conserving nature and landscapes, of regulations and other provisions ranking after laws,
2. during the preparation of programmes and plans as referred to in Articles 5 and 6, where these are legally binding for the individual,
3. prior to granting exemptions from prohibitions and stipulations designed to conserve nature reserves and national parks,
4. in the course of plan approval procedures for projects which involve interventions in nature and landscapes as referred to in Article 8,

provided that the society involved has obtained recognition under para. 2 below, and that its scope of activities, as defined in its Articles of Association, is affected by a given project. Article 28, para. 2, subparas 1 and 2, and para. 3, as well as Article 29, para. 2 of the Administrative Procedures Act) of 25 May 1976 (Federal Law Gazette I, p. 1253) shall apply mutatis mutandis.

(2) Upon application, recognition shall be granted to any society which satisfies the following conditions:

1. the main purpose of the society, as defined in its Articles of Association, is to promote, for non-profit purposes and not for a limited period of time only, the cause of nature and landscape conservation,
2. the field of activity of the society, as specified in its Articles of Association, covers at least the territory of one of the Länder.
3. there is sufficient evidence suggesting that the society is able to pursue its objectives adequately. This assessment shall be based on the type and scope of the society's past activities, as well as on its membership composition and its past efficiency,
4. because of its non-profit-making character, the society is exempt from corporate income tax under Article 5, para. 1, subpara. 9 of the Corporate Income Tax Act.
5. entry is open to anyone who supports the society's objectives.

(3) Para. 2 above shall also apply to recognition procedures entitling societies to participate in Federal Government plans and projects which extend beyond the territory of one Land, providing that the field of activity of the society involved covers the territories of the Länder which are affected by the plans and projects concerned.

(4) The recognition granted by the competent authority in a given Land shall apply to the scope of activities specified in a society's Articles of Association and to the territory of the Land in which the granting authority is located. In the cases described in para. 3 above, recognition shall be granted by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

(5) Recognition may be revoked in cases where the conditions underlying the granting of the recognition are not satisfied at the time of application. Recognition shall be revoked in cases where this deficiency is not remedied. Recognition shall also be revoked in cases where a society, subsequent to obtaining recognition, ceases to fulfil any of the conditions above. Any revocation of a society's recognition, against which there shall be no right to appeal, shall terminate the society's right to participate.