Federal government again prepares a compensation regulation

Langwarder Groden, Planung: Planungsgruppe Grün, Foto: M. Baritz

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In the current coalition agreement, the federal government had again formulated the goal of enacting a federal compensation ordinance. As is well known, an attempt to do so in the previous legislative period failed due to strong resistance from the federal states, so that the new proposal also surprised many experts.

With a current bill, however, the federal government is now preparing a new, different approach for a federal compensation ordinance. The basis for this is the bill to accelerate the expansion of power lines. Among other things, this article law is intended to amend the BNatSchG.

In the BNatSchG, a basis of authorisation is to be created for the Federal Government to subsequently be able to issue a compensation ordinance in agreement with four Federal Ministries (BMU, BMVI, BMEL, BMWi) without the consent of the Bundesrat. To this end, however, the scope of the ordinance is to be narrowed down considerably; it is planned to apply a "federal authority model", as it were, only to projects carried out by the federal government.

The key points and contents of the actual Federal Compensation Ordinance are not yet known. These are currently being prepared in the BMU. The bdla is following the developments with interest and will contribute to the technical and political consultations. At the update meeting of the bdla on 14/15.03.2019 in Cologne, the state of affairs will be reported.

Excerpt from the coalition agreement of the Federal Government: "Our goal is to avoid interventions in nature and landscape as far as possible. Where this is not possible, impairments that have occurred must be compensated for in order to ensure the long-term functionality of the natural balance. We want to create a Federal Compensation Ordinance with a versatile mix of high-quality measures so that approval authorities are given leeway to keep land take as low as possible, including when erecting renewable energy plants and expanding the grid."

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