Law reform

No more environmental lawyers in protected areas in future

Head of the LUA Gishild Schaufler.

(Bild: Tschepp Markus)

The planned change in the law will mean a major cut for Salzburg's nature representatives. Head is still waiting to see whether she will apply for the post again. There is no advertisement yet.

With a change in the law, the black-blue state government wants to severely restrict the rights of the Salzburg State Environmental Ombudsman's Office (LUA). The cutbacks will be particularly drastic in landscape conservation areas. There, the LUA will no longer even have party status. "We won't find out anything about a project and won't even be able to take part in the proceedings," explains Gishild Schaufler, State Environmental Ombudswoman. There are 53 such areas in the province. Examples include Lake Fuschl and Lake Zell, the Salzburg City Mountains and the Tennengebirge. In procedures outside of the protected areas, at least the status of a party remains. But even here there are restrictions. The LUA has no right of appeal at all. In an appeal, a party wishes to have the legal assessment of a judgment reviewed by a higher court. In future, environmental lawyers will no longer be able to go all the way to the Supreme Court. "This will make the proceedings one-sided from the outset," fears Schaufler.

On average, the LUA handles around 800 projects per year. Only one or two cases are ultimately appealed. It is uncertain whether Schaufler will remain at the LUA. There is still no new advertisement for the post.