At a joint press conference in Baden, the Greens present their success in protecting our trees and against pruning in Austria
St. Pölten (OTS) – Regardless of whether it is about their cooling effect in summer, their ability to store CO2, or their scientifically proven calming and mood-enhancing effect – trees make a decisive contribution to making Austria’s cities worth living in. It is all the more incomprehensible that trees in urban areas have been cut down excessively or completely felled in the past without any technically justified reason. The ugly effect of this practice was countless tree ruins in urban areas that no longer had anything natural about them and which often had to be replaced expensively – a newly planted street tree costs between 25,000 and 30,000 euros.
This is now over: Yesterday, May 1st, new liability rules for trees came into force in the ABGB, which, after many years of intensive efforts, including a resolution by the city of Baden, are intended to prevent unnecessary pruning and felling of trees and thus enable more nature in the cities .
At a press conference in Baden, Federal Minister of Justice Alma Zadić and Green Club leader Helga Krismer presented the success in the federal government: “The hotter summer is becoming more and more of a burden for many people in Austria, especially in cities like Baden. In order to cool urban heat islands, more greenery is needed, but above all more trees. However, excessively strict rules have so far resulted in trees often being cut back or even felled early and without good reason. We’ll put an end to that now. With the newly designed tree liability, we are ensuring simple and clear framework conditions for all tree owners, putting an end to excessive clear-cutting and thus enabling more nature in Austria’s cities,” said Justice Minister Alma Zadić.
Baden’s deputy mayor and Green Club leader is enthusiastic about the Green success at the federal level. As a member of parliament, Helga Krismer knows that more rural communities had fear cuts on the agenda: “Baden, as a traditional city with 10,000 trees in the area, is extremely pleased about this legal change and thus the support of the numerous resolutions, including those of the Vienna Woods communities, for better tree protection in Austria. The municipality of Baden, the local council, unanimously passed a resolution in 2020 that calls on the federal government to change the ABGB and the Forestry Act so that trees as living beings are actually treated in this way. Municipalities and cities that border the Vienna Woods in particular are also affected by the Forestry Act and it is all the more regrettable that no change has been made here. As far as the trees in the city of Baden are concerned, thanks to the efforts of Alma Zadic, we have now achieved legal success for the protection of our trees. With the new law, our communities can supply the trees in their area, e.g. B. even a little more remote, treat it differently than a tree in a children’s playground and treat it in its natural state. The idea of leaving things natural was also explicitly written into the law. Our trees are valuable helpers against the climate crisis and by changing the law we are now helping our communities to avoid unnecessary scare cuts to trees. “As much an advantage for our communities in Lower Austria as it is for private tree owners,” Helga Krismer concludes the press conference.
The most important changes at a glance:
- Reversal of the burden of proof: In the future, plaintiffs will have to prove that tree owners did not comply with their duties of care. In this way we strengthen the position of the tree holders.
- More precise liability: In the future, tree owners will no longer be liable for every conceivable damage event in connection with a tree. It is explicitly stated that you are only liable for damage that results from the tree falling over or branches falling.
- Revised duty of care: In the future, relaxed duty of care will apply to remote trees away from sidewalks or similar. However, trees that are located near a busy kindergarten need to be checked more frequently.
- A guide for all trees: Detailed instructions on the duty of care were developed by the “Future with Trees – Trees with a Future” platform under the leadership of the City of Vienna in close cooperation with the Ministry of Justice and experts. This makes it clear at a glance which standard of care applies to which tree.
- Desired state of natural tree: In addition, the new legal text for the first time clearly stipulates a special interest in the tree being in as natural a state as possible, for example when it comes to trees in natural monuments or in national parks.
Questions & Contact:
Michael Pinnow
Press spokesman for the Lower Austrian Greens
The Greens in the Lower Austrian state parliament
New Herrengasse 1/Haus 1/2. floor
3100 St. Pölten
Telephone office: 02742/9005 16702
Telephone mobile: 0676/944 72 69
michael.pinnow@gruene.at
www.noe.gruene.at