In Swiss law, biotopes are regulated by articles 18-18d of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage (NCHA). This part aims to protect species by preserving their habitats, and considers biotopes to be objects worthy of conservation. It protects high-value biotopes that are often
biodiversity hotspots and hosts
endangered species. Article 18a NCHA defines the responsibilities and tasks of the Federal Council and the cantons. The Federal Council designates biotopes of national importance after consulting the cantons, determines their locations, and specifies the protection targets (art. 18a para 1 NCHA). Cantons regulate the protection and upkeep of biotopes of national importance. They are responsible for taking appropriate measures and implementing them (art. 18a para 2 NCHA). Art. 18a NCHA does not make substantive statements, but rather serves as a delegation provision and is the legal basis for ordinancies issued by the Federal government and cantons. Since 1987, it is the basis of inventory of biotopes of national importance. • High value for biodiversity (ex. hosting threaten species) • Fallback area • Role of connector • Rare or threatened habitat • Role in the environmental equilibrium The inventory is organised using the classification of habitats of Switzerland, based on the “Guide des milieux naturels de Suisse”. This book defines nine major habitats in Switzerland with different threats, interests and therefore, different legal status have been established. Five of these categories are habitats of national importance and fall under the scope of Art. 18a NCHA. Each of these types of biotopes is regulated through a specific ordinance: • Peat bog and transitional moors • Low-level moor • Floodplain areas • Amphibian spawning areas • Dry meadows and pastures
Responsibilities The responsibility of the
cantons and the confederation regarding the conservation of biotopes of national importance is legislated by Art. 18a NCHA. According to article 18a para 2 NCHA, cantons are responsible for organising the protection and maintenance of biotopes of national importance which are guided by the provisions of the habitat protection inventory ordinances. Those inventories specify the legal requirements for habitat protection and have the goal to efficiently protect endangered species. They must be often revised and updated with the help of federal offices, cantonal authorities, parties, commissions and NGOs. The Federal Council, after consultation with the cantons and other stakeholders, determines the objects of protection, sets the conservation goals and a timetable with the help and guidance of the
Federal Office for the Environment (FOEN). Since the early 1990s, Switzerland has designated around 7’000 objects of national importance among the five categories.
Conservation objectives The conservation objectives are determined by the Federal Council (Art. 18a Paragraph 1, NCHA). Deviations from the conservation objectives are only conceivable under the balancing of interests of the protection concept for
riparian, amphibian spawning, and dry grassland biotopes. They could be, for example, if the project protects humans from harmful effects of natural hazards, but not, for example, for the construction of transport infrastructure. An intervention in the protected object, as previously stated, could only be conceivable if there are no alternatives to the proposed route and the project is of "national importance". == See also ==