This chapter provides an overview of Austrian soil protection law, a relatively young and still evolving area of law, particularly in comparison to air and water protection law. It first examines the constitutional foundations, with a focus on the allocation of legislative and administrative competencies between the federal government and the states in the area of soil protection. Soil protection in Austria is a cross-sectional matter, meaning that both the federal government and the states hold legislative and executive powers in this field. The chapter further explores the significance of fundamental rights and other constitutional mandates in soil protection. It then outlines the most significant soil protection regulations at both the federal level—as there is no comprehensive Federal Soil Protection Act—and the state level, distinguishing between qualitative and quantitative regulatory approaches. Finally, the chapter reflects on the reform of Austrian soil protection law.

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Soil Protection Law in Austria

  • Gerhard Schnedl

摘要

This chapter provides an overview of Austrian soil protection law, a relatively young and still evolving area of law, particularly in comparison to air and water protection law. It first examines the constitutional foundations, with a focus on the allocation of legislative and administrative competencies between the federal government and the states in the area of soil protection. Soil protection in Austria is a cross-sectional matter, meaning that both the federal government and the states hold legislative and executive powers in this field. The chapter further explores the significance of fundamental rights and other constitutional mandates in soil protection. It then outlines the most significant soil protection regulations at both the federal level—as there is no comprehensive Federal Soil Protection Act—and the state level, distinguishing between qualitative and quantitative regulatory approaches. Finally, the chapter reflects on the reform of Austrian soil protection law.