2024-04-06 00:11:40
The Monument Protection Act is being modernized and introduces an obligation to preserve historical buildings
Vienna (PK) – A long one ended tonight with resolutions to protect trees and historic buildings meeting the state chamber. The new regulation of liability provisions for damage caused by the toppling of trees or the falling of branches was supported by all parliamentary groups. Previously, tree owners – analogous to building liability – had to prove in cases of damage that they were not at fault. This reversal of the burden of proof will now no longer apply. The majority of the Federal Council also gave the green light to a comprehensive amendment to the Monument Protection Act, which would make it easier to implement protection orders and discourage speculation with listed buildings.
A legislative proposal from the ÖVP and the Greens was also approved by all parliamentary groups, which is intended to ensure the proper implementation of the EU directive on legal assistance in proceedings. In particular, it contains clarifications regarding access to legal representation and consideration of the child’s best interests. The FPÖ’s motion for a resolution to reduce the age of criminal responsibility and criminal liability to twelve years, which was introduced during the debate, did not find a majority following a roll-call vote was held (9 yes, 47 no).
Only the government factions supported a law that would provide the legal basis for the new law currently being set up Digital University in Linz (Interdisciplinary Transformation University). This is scheduled to begin regular operations from autumn 2024. The proposal passed the state chamber in a roll-call vote (30 yes, 25 no).
Finally, the current EU project report was published Justice Departments as well as that of Ministry for art, culture, public service and sport were acknowledged by a majority or unanimously.
New liability rules in the ABGB are intended to prevent unnecessary cutting back or felling of trees
Liability for trees should be placed on a new, specific basis by inserting a separate legal provision into the ABGB’s tort law, according to the government proposal presented by Justice Minister Alma Zadić and now also being discussed in the Federal Council (Liability Law Amendment Act 2024) before. The problem was that in the past, trees were often cut down across the board out of fear of possible liability, even if this was not necessary for safety reasons. The previously existing reversal of the burden of proof will therefore no longer apply. In the future, the injured parties will have to prove that duties of care were breached. Trees in the forest are not affected by the new regulation; the applicable provisions in the Forestry Act remain unaffected. The new regulation, which will come into force from May 1, 2024, does not cover all possible damage cases that are conceivable in connection with trees.
Zadić: Own tree liability should prevent “fear cuts” in the future
Minister Alma Zadić was very happy that the question of tree liability was being re-regulated following a years-long legislative process. Previously, stricter liability for damages applied to trees outside the forest because there was a reversal of the burden of proof. This led to many trees being felled out of fear. Now, as usual, the injured party must prove that the tree owner culpably failed to fulfill his duty of care, explained the department head.
The minister also pointed out that the tree owner’s duty of care depends in particular on the location and the associated danger, the size, growth and condition of the tree. For a tree that is located near a children’s playground, different criteria would have to apply than for a remote tree on the outskirts of the city. For the first time in this area, the aspect of environmental protection was brought to the fore, especially since the focus was on ensuring that the tree was in as natural a condition as possible. The details relevant for application in practice are summarized in the tree safety management guide, informed Zadić.
Agreement between the parliamentary groups on new regulations for tree liability
Elisabeth Kittl (Greens/W) explained that since there was currently no regulation for damage caused by trees falling or branches falling, building liability was used as a basis. This meant that people were often very careful when felling trees, especially in cities. Since this was not effective, new regulations have now been drawn up which, among other things, would take into account the condition of the tree and the location. In addition, the reversal of the burden of proof will be eliminated and personal responsibility and the common good will be emphasized.
Viktoria Hutter (ÖVP/N) was convinced that a good solution had been found that, on the one hand, ensures legal certainty and, on the other hand, relies on people’s common sense. It was important to her to emphasize that the Forestry Act continued to apply to the trees in the forest.
Hardly anything has such a positive effect on the climate in cities as large trees, emphasized Federal Councilor Manfred Mertel (SPÖ/K). He viewed the new liability regulation as positive, as despite the removal of the reversal of the burden of proof, the tree keepers’ duties of care still apply.
Andreas Arthur Spanring (FPÖ/N) also explained that his parliamentary group also agreed with the law, which had been subjected to a detailed assessment. It is good that there is a new definition in the ABGB, especially since up to now we had to resort to an analogous regulation in the area of premises liability. At the same time, it is guaranteed that the tree holders must comply with their duties of care.
Instead of passing a new law that actually changes nothing, he would have thought it would have made more sense to take administrative steps, argued Karl-Arthur Arlamovsky (NEOS/W).
New monument protection law is intended to prevent speculation and demolition of historical buildings
This will be on completely new legs Monument Protection Act whose amendment was approved by a majority of the Federal Council. The basic intention of the government proposal is
Protected areas can be made easier and speculation with listed buildings can be discouraged. The stipulation of a “special preservation obligation” is intended to prevent owners of monuments from allowing them to fall into disrepair. In addition, the Federal Monuments Office (BDA) will be given a stronger position. In addition to the increase in funding, the liability regulations for historical buildings and facilities are being adjusted, new rules for archaeological finds are being established and the protection of UNESCO world heritage is being integrated into monument protection.
Elisabeth Grimling (SPÖ/W) judged that it would have been necessary to adapt the monument protection law in a contemporary and future-oriented manner. She admitted that the current draft contains some improvements, but also many problem areas. For example, the UNESCO World Heritage Site was not adequately anchored in accordance with international standards. The independence and freedom of instruction of the monument advisory board would also be affected by a new appointment procedure. She also criticized the fact that the new regulations would make archaeological excavations much more difficult because, for example, the use of modern metal detectors would be banned.
Marco Schreuder (Greens/W), who spoke of a significant amendment, took a contrary position. It creates the basis for preserving listed buildings well and at the same time redesigning them so that people can work and live in them today. In addition, UNESCO World Heritage will be more firmly anchored with clearly defined coordination mechanisms. Schreuder described the aim of the law as very important, according to which the speculative letting of houses fall into disrepair should be countered by a moderate maintenance obligation.
Federal Councilor Klara Neurauter (ÖVP/T) was convinced that the protection and preservation of cultural Austria are socially important tasks and should therefore be supported by a modern law. In the future, the monuments would not only be better protected, but also made more easily accessible to the public. In order to prevent buildings worthy of protection from becoming objects of speculation, a preservation obligation has been introduced. Neurauter also highlighted the significant increase in the budget for the Federal Monuments Office.
Mayer: The new monument protection law closes many gaps and provides significantly more resources
State Secretary Andrea Mayer recalled that the Monument Protection Act has been protecting the preservation of cultural heritage in Austria for over 100 years. Since it had to be revised following such a long time, her department developed a comprehensive amendment to close existing gaps in monument protection. She thinks that this also worked well. For example, the new liability rules would allow more flexible use of monuments and ensure that they remain accessible to the public. From their point of view, it is particularly gratifying that a stop is being put to the intentional letting of buildings worthy of protection into disrepair. At the same time, a significant increase in the funding budget was achieved, emphasized Mayer. The concerns of climate, environmental and soil protection have now also been clearly taken into account.
NOTE: Meetings of the National Council and the Federal Council can also be followed via live stream and are available as video-on-demand in the Parliament’s media library available.
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