Nature conservation & authorisation

The aim of nature conservation is to preserve and maintain nature as the basis of human life in such a way that

• its diversity, uniqueness and beauty
• its recreational value
• the species richness of the native flora and fauna
• the natural habitats and
• a natural balance that is as unimpaired and efficient as possible

nature may only be utilised to the extent that its value is preserved for future generations.

In order to achieve this goal, the Tyrolean Nature Conservation Act contains provisions on

• Landscape protection: prohibitions, authorisation requirements, protection of water bodies, protection of riparian forests and wetlands, landscape protection areas, quiet areas, nature parks, protected landscape areas and Natura 2000 areas
• Landscape conservation: for example, special measures to maintain the landscape
• Protection of flora and fauna and inanimate nature: e.g. nature reserves, protected animal and plant species and natural monuments

What can a nature conservation licence be applied for?

The provisions of the Tyrolean Nature Conservation Act 2005 (TNSchG) are generally only applicable outside a built-up area (e.g. bird protection also applies within a built-up area). The authorisation requirements are divided into general and special authorisation requirements.

• General authorisation requirements: These are listed in § 6 TNSchG.
• Special authorisation requirements: The special authorisation requirements primarily include water protection, landscape protection areas, natural monuments, protected landscape areas, quiet areas and the provisions for Natura 2000 areas.

Where do I apply for a nature conservation licence?

An application for a nature conservation licence must be submitted in writing to the locally competent district administrative authority.

The provincial government decides on an application for a nature conservation licence if

• the project extends over the territory of several districts.
• in addition to the authorisation under nature conservation law, authorisation is also required under a federal regulation for which the federal government, a federal minister or the provincial governor is responsible.
• in addition to the authorisation under nature conservation law, authorisation is also required under another provincial law provision for the granting of which the provincial government is responsible.

What information and documents do I need for the application?

Requiredinformation:

You must include the following points in the application for a nature conservation licence (see § 43 TNSchG):

• Information on the type, location and scope of the project
• Information required to assess the permissibility of the project, in particular with regard to possible impairment of Natura 2000 sites, the landscape, the recreational value and the ecosystem (e.g. plans, sketches, descriptions, plant and animal surveys, etc.)
• Information that shows how adverse effects on nature conservation interests can be avoided or minimised (e.g. landscape conservation plans, planting plans, etc.)

In the event of adverse effects on nature conservation interests:

• Credible evidence that public interests outweigh the interests of nature conservation.

Additional information required for projects that may significantly affect Natura 2000 sites:

• Presentation of alternatives, including the so-called zero variant
• Presentation of compensatory measures

Required documents:

• Proof of ownership of the affected land (e.g. extract from the land register) or declaration of consent from the affected landowners if the applicant is not the landowner of the affected land.
• Exception: Possibility of expropriation or granting of compulsory rights in favour of the project due to federal or state regulations.

If the application is submitted in person in paper form, all documents must be enclosed in duplicate. You can find the online form here: