Review – BNatSchG, Berliner Kommentare
Frenz/Müggenborg (eds.): BNatSchG, Berliner Kommentare, 4th completely revised edition, 2,098 pp, Erich Schmidt Verlag, ISBN 978-3-503-21157-9, 168.00 €.
The new edition of the commentary on the Federal Nature Conservation Act (BNatSchG), published on 28th August 2024, provides a comprehensive explanation of the amended law, including the state law provisions, implications of European law and environmental policy background.
The editors, Prof. Walter Frenz, Maître en Droit Public and Professor of Mining, Environmental and European Law at RWTH Aachen University, Aachen/Germany, and Prof. Hans-Jürgen Müggenborg, specialist lawyer in administrative law and honorary professor at RWTH Aachen University, have summarised the comments of the authors from administration, the judiciary, the legal profession and academia on the amended law in eleven chapters on 2,098 pages.
After a chapter on general provisions, the principles of landscape planning are examined, including the cooperation of the federal states in planning. In addition to the general protection of nature and the landscape, the protection of certain designated protected parts of it, such as nature and landscape reserves, is also addressed, right up to the Natura 2000 network. The provisions for the protection of wild animal and plant species, their habitats and biotopes are also commented on in detail. A separate chapter is dedicated to marine nature conservation. The conclusion is formed by chapters on recreation in nature and landscapes, the participation of nature conservation organisations, the property clause and exemptions, provisions on fines and penalties, as well as transitional and transfer provisions.
The authors explain the terminology of the law in an easy-to-understand way, categorise it and point out the weaknesses of individual regulations. This makes the commentaries not only interesting for purely legal activities, but also an enrichment for anyone who has to deal with nature conservation law professionally or is interested in it privately.
Dipl.-Ing. Andreas-Peter Sitte, Chief Editor of Mining Report Glückauf, Moers
