Rechtliche Besonderheiten der Naturgefahrenprävention in Österreich

Abstract

This article deals with the special requirements of natural hazard prevention and shows how Austria implements them into the legal order. Overall, three aspects appear particularly striking for natural hazard prevention. The first concerns the survey of the relevant data, which primarily comprises the collection and evaluation of data. The second highlights that natural hazard prevention expertise is typically pooled and is thus a support for different decision-makers. The third stresses cooperation as a specific feature of natural hazard prevention. Although the competences in hazard prevention – as ruled in the constitution − are very fragmented, the topic demands a coordinated approach. The article shows examples of how the Austrian legal system implements these special features: Examples include the instruments of the hazard zone plan („Gefahrenzonenplan“) or the avalanche commissions („Lawinenkommissionen“). This analysis can serve as a basis for a comparison with other legal systems and a broader discussion and on how to deal with natural hazards.