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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a derogation and exemption under species protection law

Description

The aim and task of species protection is the preservation of wild animal and plant species, their communities and the protection of their habitats and biotopes. Any action that leads to an impairment, disturbance or destruction of animal and plant species and their habitats is prohibited by the Act on Nature Conservation and Landscape Conservation (Federal Nature Conservation Act - BNatSchG).

An exemption from the prohibitions of general species protection may be granted on request if the derogation is compatible with the interests of nature conservation and landscape conservation.

An exception to the prohibitions of special species protection may be granted on request. The granting of such an exception concerns access prohibitions in the context of special and/or strictly protected species

  • catch, injure, kill or remove from nature specially protected species, damage or destroy their forms of development
  • significant disturbance of strictly protected species and European bird species during reproduction, rearing, moulting, wintering and migration periods
  • removed from nature, damage or destroy reproductive or resting places of wild animals of specially protected species
  • removed from nature, damage or destroy wild plants of the specially protected species or their forms of development or sites

The application documents should prove that the conditions for approval are met. This includes information on the facts, implementation period, intended actions, a justification of the project, but in individual cases sketches, site plans and / or photos are also helpful. Furthermore, any planned compensatory or replacement measures must be mentioned.

Further information on the required documents can be obtained from the responsible nature conservation authority.

Fees apply and depend on the scope of the measure.

The application must be submitted at least 6 weeks before the start of the measures. This period is necessary to secure the participation rights of the recognised nature conservation associations and to hear other stakeholders and authorities.

The processing time depends on the complexity of the individual case.

The responsibility for exemptions in general species protection lies with the districts or the district-free cities.

The State Administration Office based in Halle is responsible for granting exemptions under species protection law as the upper nature conservation authority.

In the following cases, however, the responsibility also lies with the districts or the district-free cities:

  • Elbe beaver (Castor fiber albicus),
  • Hornet (Vespa cabro),
  • White stork (Ciconia ciconia),
  • Mealy Swallow (Delichon urbica),
  • Swifts (Apus apus),
  • Barn Owl (Tyto alba),
  • Kestrel (Falco tinnunculus),
  • Crane (Grus grus),
  • Osprey (Pandion haliaetus),
  • Smoky Swallow (Hirundo rustica),
  • Jackdaw (Corvus monedula),
  • European hamster (Cricetus cricetus),
  • Bats (Chiroptera),
  • ants (Formicidae),
  • Wild bees (Apoidea) and
  • Orchids (Orchidaceae)

For special exceptional cases, an exemption is possible here.

Information on the protection status of a species can be found in the Scientific Information System for International Species Protection (WISIA) of the Federal Agency for Nature Conservation (BfN) and at the Species and Biotope Protection of Saxony-Anhalt.

Ministry of the Environment, Agriculture and Energy of the State of Saxony-Anhalt

The text was automatically translated based on the German content.

Authority
Team Untere Naturschutzbehörde
Neustädter Passage 18
06122 Halle (Saale), Stadt
+49 345 2214674
+49 345 2214667

Mon: by appointment
Tue: 09:00 a.m. - 12:00 p.m. and 01:00 p.m. - 06:00 p.m.
Wed: by appointment
Thu: 9:00 a.m. - 12:00 p.m. and 1:00 p.m. - 3:00 p.m.
Fri: by appointment
Sat: closed
Sun: closed

elevator available, wheelchair-accessible

Employee

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