Nature Conservation Act – public consultation

The Ministry of Agriculture and the Environment published on its website on Friday, January 24, 2014, the Draft Law on Amendments to the Nature Conservation Act and opened a public consultation. The Alpine Association of Slovenia urges all associations and individuals to participate in the consultation and send your comments and proposals to PZS by February 14, 2014.

On Friday, January 24, the Ministry of Agriculture and the Environment (MKO) of the Republic of Slovenia opened a public consultation on the draft Law on Amendments to the Nature Conservation Act. The path from the draft through government approval to final adoption by the National Assembly is, of course, still very long. The public consultation, during which fundamental changes to the text of the law are possible, has been extended until February 24, which is the final deadline for submitting comments, proposals, and additions.



In addition to implementing amendments to sectoral legislation, which also includes the Nature Conservation Act (ZON) (Official Gazette of RS, No. 56/99 et seq.), MKO has begun to jointly regulate vehicle driving in the natural environment, which is currently also regulated by the Regulation on the Prohibition of Vehicle Driving in the Natural Environment (Official Gazette of RS, No. 16/95 et seq.). The entire area (nature conservation and vehicle driving in the natural environment) will now be regulated by one law, although driving was originally intended to be regulated by a special law on vehicle driving in the natural environment - the Alpine Association of Slovenia also actively participated in the discussion on the latter.



The purpose of the law under public consultation is also a comprehensive regulation of driving with all motor-powered and other self-propelled vehicles and bicycles in the natural environment. Specifically, the draft Law on Amendments to ZON proposes that driving in the natural environment be limited only to hardened surfaces or transport infrastructure, and driving off roads be completely prohibited and appropriately penalized. The amendment defines the natural environment as areas outside settlements and the road network, further areas designated by spatial acts as surfaces for recreation and sports, which also include use for driving motor-powered vehicles and bicycles, economic public infrastructure facilities and networks, and mining operation areas. For forest areas, the law prescribes a special driving regime. In forest areas, driving with motor-powered vehicles is permitted only on forest roads, not on other forest tracks. In forest areas, with the exception of the public road network and unclassified roads used for public road traffic, the organization of motor vehicle drives or their use for test drives, sports, competitive and promotional drives, and similar forms of use is also completely prohibited. The law also includes exceptions to the driving ban, conditioned by the performance of activities carried out in this environment (forestry, farming, maintenance work on facilities, supervision, etc.) and for assistance in rescue operations. To ensure the preventive effect of the law, the draft provides for high penal sanctions, including the possibility of vehicle seizure. Ensuring supervision of driving in the natural environment from the perspective of inspection services, police, customs authorities, and nature protection supervision will be extremely important for the implementation of the law. Accordingly, significant powers will be granted to the supervisors.



The draft law is available on the MKO RS website.



We urge and invite all PZS member associations and PZS bodies to send your proposals, comments, and additions to PZS by Friday, February 14, 2014.



We particularly ask you to address in the consultation primarily the areas not covered in the documents listed below, although opinions on already adopted guidelines are also welcome. At the same time, interested parties can also review other novelties in the law proposal and report their opinions and proposals.



The Alpine Association of Slovenia will review the received proposals, opinions, and comments and forward a new PZS position to the Ministry of Agriculture and the Environment.



To assist in the consultation and preparation of your comments, we provide several PZS publications on this topic:



http://www.pzs.si/novice.php?pid=6200

http://www.pzs.si/vsebina.php?pid=141

http://www.pzs.si/vsebina.php?pid=153



and

PZS Positions:



* PZS Comments and Proposals on the Draft Law on Vehicle Driving in the Natural Environment, excerpt:

4. For cycling only, all unclassified roads as well as forest and field tracks should be opened, as they are basically built for driving. The Alpine Association of Slovenia will initiate procedures to open suitable mountain trails for cycling in accordance with the Mountain Trails Act.

5. Cycling and motor vehicle driving off trails is not permitted.

6. Encourage the establishment of dedicated polygons for cycling and motor vehicles.



Principles and Guidelines:

1. Consideration of the Council of Europe Directive on Environmental Noise (2002). This concerns the enforcement of the right to experience the natural environment without technical noise. This is a legitimate right of certain groups of citizens, including mountaineers.

2. Consideration of the decision of the assembly of Alpine Arc mountaineering associations (CAA), adopted in September 2009 in Innsbruck, on the prohibition of any motorized traffic off-trail (outside roads and other tracks). A clear NO to preserve the most important tourist value and characteristic of the Alps, which is peace.



General Principles and Conditions:

1. Off-trail, cycling or driving with any type of motor vehicles is not permitted.

2. Stricter regulations for driving in the natural environment should apply in protected areas. Visitors walking on foot have absolute priority.

3. The law should define conditions (location selection, usage regime, responsible legal entity or manager, appropriate markings, etc.) and criteria for designating areas in the natural environment suitable for establishing dedicated sports polygons (for mountain bikers and various motor vehicles) for users not permitted to drive in the natural environment.

4. Since mountain huts are also facilities within protection and rescue and are of broader social benefit, we propose that for the purposes of maintenance and supply of mountain huts accessible via forest tracks, the law should establish an exemption from the prohibition of motor vehicle drives. The same provision on exemption should apply for the maintenance of mountain trails.



* Criteria for Dual-Use of Mountain Trails, excerpt:

1. Selection Guidelines

- Trails not running along field paths or forest tracks are closed to cyclists, except those for which, upon proposal of the trail keeper, the expert committee for implementing dual-use criteria assesses that they meet the conditions for dual use.

- Cycling is permitted on all tracks built for driving where it is not prohibited by regulations on nature conservation, forestry, and hunting.



2. Cycling is not permitted:

- off-trail; also along watercourses,

- on mountain trails above the forest line (high mountains), except on existing tracks (roads and tractor paths),

- on mountain trails across bogs and wetlands and on loose-unstable terrain,

- on mountain trails burdened by mass hiking,

- on mountain trails with installed metal and wooden safety devices,

- in protected areas, except on trails designated for cyclists.



* Consultation on the Issue of Driving in the Natural Environment Highlighted the Need for Legal Regulation, June 20, 2013, CONSULTATION CONCLUSIONS:

Speakers, discussants, and participants in the consultation were unanimous that the issue of driving in the natural environment must be regulated, and as soon as possible, with a standalone law titled Law on Limiting Vehicle Drives in the Natural Environment. The law must separately regulate motor vehicle drives (stricter regulation) and cycling. The law must include a clear and effective supervision system, with non-governmental organizations proposing the inclusion of their members as voluntary environmental supervisors. It is necessary to clearly define all terminological terms used in the law. It is necessary to regulate vehicle registration and rules for motor vehicle driving, and to create conditions for extreme activities to be carried out on smaller areas with no or minimal environmental impact; and to designate these areas.



* PZS Substantive Guidelines for New Legal Regulation of Mountain Trails (adopted at the 17th session of the PZS Management Board, September 19, 2013):

Cycling on mountain trails is permitted if, with the consent of the trail keeper and the Alpine Association of Slovenia, it is recorded in the spatial representation and marked in nature through the appropriate procedure.



All PZS member associations and PZS bodies can send your proposals, comments, and additions in writing by February 14, 2014, to the address:

Alpine Association of Slovenia

P.O. Box 214

1001 Ljubljana

Public consultation - ZON



or to the email address: info@pzs.si, with the subject: Public consultation - ZON.



The Alpine Association of Slovenia will review the received proposals, opinions, and comments and forward a new PZS position to the Ministry of Agriculture and the Environment by February 24, 2014, when the public consultation on the draft Law on Amendments to the Nature Conservation Act ends.



President of PZS

Bojan Rotovnik