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The National Park and the law

After some preliminary consideration of the project at the beginning of the 20th century, it was only at the turn of the 21st century that the time was ripe to declare the Gesaeuse 'Styria's national park'. Eventually, on 26th October 2002, Austria's sixth, and third largest, national park was officially launched. Once the 'National Park Agents Laws' came into force on 1st October 2003 all of the legal framework was in place. These statutes and regulations have been complemented by a number of specific contracts, particularly by the lease agreement between the National Park Society and Steiermärkischen Landesforste (Styrian Provincial Forestry Commission), but also by contracts granting usage rights to the managers of the alpine pastures &c.

An autumnal forest scene in front of the north face of the Hochtor Group
An autumnal forest scene in front of the north face of the Hochtor Group

The Article 15a Contract

Properly speaking, conservation is one of the responsibilities of the Federal Provinces; therefore national parks - like other conservation projects - have to be financed by the Provincial Government. Owing to the national parks' nationwide and international significance, however, the Federal Government also contributes to the costs of their establishment . Consequently an agreement was required between the Province of Styria and the Republic of Austria, under Article 15a of the Federal constitution: a so-called 'constituent state contract'.

On 26th October 2002 the National Park was launched with the ceremonial signing of the Article 15a-Contract by Federal Minister of the Environment Molterer, and Head of Styrian Provincial Government Klasnic. In the first place this contract recorded the goals and objectives that would be achieved by the setting-up of the National Park; it also laid down the size of the National Park Area - up to 12,500 hectares.

Waltraud Klasnic and Wilhelm Molterer
Waltraud Klasnic, Head of the Styrian Government, and Wilhelm Molterer, Minister of the Environment, signing the Article 15a Contract.
The Federal and Provincial Governments also set up a Limited Company to provide for the administration of the National Park. This company would have to work very closely with the Steiermärkischen Landesforste (Styrian Provincial Forestry Commission), because they were practically the only landowner. Besides regulations detailing the responsibilities of the National Park Company and their finances, there are also references in the Contract to the eventual establishment of a National Park Forum, to the honouring of existing agreements, &c. It was agreed that the 15a Contract should run for an indefinite period and that it could be terminated after ten years at the earliest.

 

The National Park Law

The 'National Park Law' is fundamental to the National Park's legal status. The Law was passed by the Styrian Landtag on the 12th March unanimously and came into force on the 1st of August 2002.

As a special enactment, the National Park Law supersedes the Conservation Law (with the exception of the regulations regarding natural monuments and European Protected Areas). It gives priority to the protection of outstanding and largely unspoilt virgin landscapes, as well as of the precious man-made landscape of the alpine pastures. This is a case where we invoke the premise that people and their areas of settlement also have to be protected. The IUCN criteria for Category II sites were set down as appendix to the National Park Law, and were thus raised to the level of legal enactments. As ever, this relates back to the aim of the Gesaeuse National Park to gain international recognition.

The 'National Park Law' is a law of the Land
The 'National Park Law' is a law of the Land

The terms of the Law establish the boundaries of the 'National Park Region', corresponding to the six municipalities of Weng, St. Gallen, Landl, Hieflau, Johnsbach and Admont. The internal subdivisions 'Natural Zone' and 'Protection Zone' are defined. The commercially valuable trademark 'Nationalpark Gesaeuse' ('Gesaeuse National Park') is also given legal protection.

There is a very large circle of legal stakeholders. All the alpine pasture farmers have the same entitlements, regardless of whether they use their pastures on the basis of 'Einforstungsrecht' (customary rights) or whether they have a formal lease. No-one should feel obliged to take part in the Gesaeuse National Park, if they are not already convinced of the merits of the project; there can be no attempts to force people to come on board. Only people who make an application for the inclusion of their estate in the National Park can become incorporated. Furthermore, by means of the National Park Law, the Provincial Government has laid down that the public authorities are obliged to take into account regulations regarding the protection of the environment, when they apply the Province's own regulations. Moreover, selling land within the National Park is strictly prohibited by the Provincial Government. The regulations concerning the protection of the animal and plant world are straightforward: all that is not expressly allowed, is prohibited. Exceptional cases are covered in § 8 of the National Park Law and in the National Park Plan; otherwise, special approval can be obtained from the Provincial authorities.

 

The administration of the National Park is entrusted to the Gesaeuse National Park Ltd., which is entirely subject to civil law. Ultimate responsibilities lie exclusively in the hands of the public authorities - for practical purposes this means, of Local Government Head Offices in Liezen and Leoben. The National Park Forum can be summoned by the mayor of a National Park municipality. Its role is to offer a formal link between the National Park's administration and the residents of the National Park Region.

The first priority of the National Park Law is to promote education and environmental awareness. However, it also provides for penalties to deter vandals from disturbing or destroying nature. For serious, repeat offences fines of up to EUR 50,000 can be imposed.

All laws that are valid in the territory of Styria, are also valid in the Gesaeuse National Park: civil and criminal law, as well as forest law and laws pertaining to water and waterways, regulations governing air traffic, laws about environmental planning, fishing regulations, and all the rest. The only laws that do not apply are the Conservation Law (the National Park Law is much more detailed and thorough) and the outdated General-purpose vehicles Law. Exceptions to the Hunting Law are planned, to protect wildlife.

Riemelmoser: A collection of legal texts, relating to the National Park
A collection of legal texts, relating to the National Park, is obtainable from the National Park Administration for EUR 9,95.

The National Park Law has been put into more concrete terms by means of two decrees: the National Park Declaration and the National Park Plan. Specially trained and authorised National Park Agents are appointed by the Provincial Government to ensure that the law is adhered to.

For more information please go to Rechtsinformationssystem RIS

 

The National Park Agents Law

First and foremost, the National Park Agents Law sets out regulations concerning the qualifications and authority of the National Park Agents. It was unanimously passed by the Styrian Provincial Government on 17th June 2003 and came into force on 1st October 2003. As such it was the final piece of legislation required for the establishment of the Gesaeuse National Park.

National Park Agents are sworn-in auxiliary agents of the Conservation Authority and supersede the mountain rescue teams and nature wardens formerly working in the National Park area. Their duty is to provide information, education and supervision. However they also have policing powers, such as the confiscation of illicit items and the issuing of fines. Consequently, a great deal is demanded of them in terms of both their personal and professional qualities. The National Park Agents work on a voluntary basis. They are appointed and certified by the Provincial Government, only once they have passed a proficiency test. They must commit themselves to a particular period of annual service and to continuous training. The National Park Agents are under the control of the Local Government Head Office and are obliged to carry ID-cards and a clearly visible badge of office.

 

National Park Declaration

On 24th February 2003 the Provincial Government unanimously passed a decree pertaining to 'declaring the area of the Gesaeuse a National Park'. According to this decree, the National Park Area is strictly defined according to the constituent parcels of land. It is also divided into the Natural Zone and the Protection Zone. Thus the National Park Declaration lays down both the internal and external boundaries of the Park.

 

Area of the National Park
Area of the National Park

National Park Plan

The decree, passed unanimously by the Provincial Government on 24th February 2003, supplements and elucidates the protection regulations laid down in the National Park Law. The National Park Plan is divided into two sections, covering respectively, management measures for the protection of the natural environment and for the guidance of visitors.

Picking and damaging plants is just as much forbidden as disturbing, catching or killing animals. The protection of the sensitive water biotopes is of paramount importance. It is only permitted to enter them at specially marked places. As in the past, entering caves and damaging geological formations (including digging gravel) remain prohibited. The natural woodland must be preserved and forest plantations must be transformed along more natural lines. Because woodland-protection managers interfere as little as possible with nature, measures against so-called 'forest pests' are reduced to a minimum. No more is done than is required to afford protection to neighbouring woodlands. Laws governing hunting and fishing remain valid within the Gesaeuse National Park and are applied under the terms of the National Park Law.

View of the entrance to the Gesaeuse valley
View of the entrance to the Gesaeuse valley

Amongst other measures, therefore, the National Park Administration has drawn up a Wildlife Protection Plan, has set up a 'quiet area' where wildlife will not be disturbed, and it is also gradually reducing the practice of feeding the animals. With the consent of the National Park Administration, angling is permitted in order to preserve natural biodiversity. Spawning areas can only be entered by authorised persons. Alpine pastures are maintained on the basis of organic farming.

Steps taken for the guidance of visitors must promote the understanding of nature and types of activity and experience that are environmentally acceptable, such as traditional mountaineering. Particular points of focus are: to offer people better, environmentally-friendly ways of moving around the Park, and to construct the means whereby the physically disabled can gain access to an authentic experience of nature. People who do commercial work in the National Park need the consent of the National Park Administration. Generally speaking, sporting competitions are prohibited. However, such traditional events as the Xeis-Rodeo and the Tamischbach Tower Race are still allowed, subject to the approval of the conservation authorities. Together with the local municipalities and alpine organisations the National Park Administration is putting together a plan for a long distance Alpine footpath. On marked routes cycling, mountain biking, and horse riding are permitted, and, as in the past, so is rafting on the Enns for holders of navigation licences. The legal situation has also remained unchanged in respect of aviation: a minimum height of 150 meters has to be maintained. On the other hand, moto-cross and rallying are not regarded as compatible with the environment and are therefore prohibited.

The National Park Plan is valid for ten years. However, its effectiveness will be reviewed after five years.

 


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