"Fragmentation into 16 state laws prevented"
Federal Environment Minster Sigmar Gabriel welcomed today's decisions of the Bundestag on the environmental law reform as a big step forwards. "The threatened fragmentation of the environmental law into 16 state laws after the failed environmental code has been prevented," said Gabriel. There are now, for the first time in the history of the Federal Republic, nationally applicable water and nature conservation acts. "We have reformed environmental law in Germany on a high level whilst, at the same time, preventing standards in environmental and nature conservation from dropping," commented the environment minister.
According to the constitutional amendment, the former framework law in nature conservation, which only contained general provisions for the federal states, will be abolished. In the new nature conservation act, the German Bundestag confirmed: Anyone who damages nature in any way must compensate for this in kind. As stated in the nature conservation act until now, there may only be deviations from this if so-called real compensation is not possible.
The water act also includes, for the first time on a national level, uniform provisions on the management of surface waters, coastal waters and ground water. The regulations achieve a balance between interests of usage and protection, for example in minimum water flow and how passable the waterways are. Suitable measures to protect the fish population will, in the future, be a requirement for the use of hydropower. In the general principles of water management, the significance of climate change will be explicitly emphasised.
The new regulations for protection against non-ionising radiation can now also come into force. In view of the high risk of skin cancer, children and young people under 18 years will not be permitted to use tanning salons.
Also, for the first time on a national level, the act consolidating environmental law clarifies the need to assess, with regards to impact on the environment, certain plans concerning forestry and water management. This enables federal states to control waste flows and waste disposal paths better in industrial and waste treatment sites in order to help prohibit illegal waste use.