Swiss Environmental Law: A Brief Guide

> Swiss Environmental Law
A brief guide
2 > Swiss Environmental Law
> Contents
Foreword 3
Publisher
Federal Office for the Environment (FOEN)
The FOEN is an office of the Federal Department of
Environment, Transport, Energy and Communications (DETEC).
An Overview of Environmental Law
Idea, concept, production Reflecting environmental awareness 4
Urs Steiger, steiger texte konzepte beratung, Lucerne
In-house consultant
Marco Zaugg, Legal Affairs Division
Making and Enforcing Environmental Law
Fundamentals of environmental protection 8
Suggested form of citation Environmental protection – a shared task 10
Swiss Environmental Law
No authorisation without considering
A brief guide
Federal Office for the Environment, Bern: 36 pp. environmental impact 12
Various ways of protecting the environment 13
Translation
Philippa Hurni and Kenneth MacKenzie
Design Aspects of Environmental Law

Kurt Brunner, Martin Brunner Associés The Environmental Protection Act 15
Pictures
Control of ambient pollution 17
Cover, p. 7 right: Keystone/Lukas Lehmann Waste and soil 19
p. 3: BAFU Handling chemicals with care 21
p. 4: AWEL, Zurich
The Forest Act 23
p. 5: Sammlung Verkehrshaus Luzern
p. 6: Keystone/Michael Kupferschmidt The Waters Protection Act 25
p. 7 left: CamCopter/Rolf Widmer Protecting biodiversity and landscape 28
p. 8: Keystone/Francesca Agosta
Controlled handling of organisms 31
p. 9 left, p. 13, p. 18 bottom, p. 20 top right:
BAFU/AURA/Emanuel Ammon Protection against natural hazards 33
p. 9 right: Keystone/Sandro Campardo The challenge of climate protection 34
p. 11: Jakob Studnar, Düsseldorf
p. 15: Keystone/Thedi Suter
p. 16, p. 24-25, p. 27 left: Priska Ketterer, Lucerne
p. 18 top: René Maier, Brienz
p. 20 left, p. 32 bottom right: Keystone/Martin Ruetschi
p. 20 bottom right: Stadtwerke Schweinfurt GmbH
p. 22: Roche/Christopher Gmuender, Muttenz
p. 27 right: BAFU/Markus Senn, Winterthur
p. 28: ALN, Fachstelle Naturschutz
p. 30: Albert Marty, Rothenthurm
p. 32 top: Keystone/Gaëtan Bally
p. 32 bottom left: Landbote/Marc Dahinden
p. 35 top: Keystone/Regina Kuehne
p. 35 bottom lef: Keystone/Craig Ruttle
p. 35 bottom right: Keystone/Jean-Christophe Bott
Ordering address for the print version and link to PDF file
FOBL, Distribution of Publications, CH-3003 Bern
Tel. +41 (0)31 325 50 50, fax +41 (0)31 325 50 58
verkauf.zivil@bbl.admin.ch
Order number: 810.400.082engl
www.bafu.admin.ch/ud-1072-e
This publication is also available in German, French and Italian.
© FOEN 2013
> Foreword
The World Congress on Justice, Governance and Law for Environmental Sus-
tainability, which was held by the United Nations Environment Programme
(UNEP) from 17 to 20 June 2012 in Rio de Janeiro, calls on all countries to apply
environmental legislation effectively and efficiently in order to achieve sustain-
ability goals. Ecological sustainability can only be achieved if environmental
legislation is fair, clear, and implementable.
Swiss environmental law, which has reached a very high standard in recent decades,
strives to achieve this. Over the coming years Switzerland will develop and adapt
environmental legislation to new challenges, thereby filling in gaps in the law.
The present brochure gives you an overview of the wide range of Swiss environ-
mental legislation which has been developed over the decades. A comprehensive
view of national and relevant international legislation and the interdependencies
between the two is presented. Innovative graphics help to explain the abstract
world of the law in visual form.
Dr. iur. Florian Wild

Head of Legal Affairs
Member of the Executive Board
Federal Office for the Environment (FOEN)
For links to further information relating to this brochure, see:

www.bafu.admin.ch/environmental-law-brief
An Overview of Environmental Law
> Reflecting environmental awareness

The first serious environmental problems came to light with the economic boom of the 1950s and 1960s
and the associated growing pressure on the environment. In reaction to this and as the understanding
of ecological questions grew, a steadily more sophisticated and comprehensive system of environmental
legislation was developed.
Even in the 1950s and 1960s, waste water from Switzerland’s Clean lakes and rivers, respect for nature
factories, businesses and households flowed practically un- Voters, Parliament and the Federal Council reacted to grow-
treated back into the country’s streams, lakes and rivers. ing environmental problems by bringing in new legislation
It was common for streams to be covered in scum or have a that has gradually expanded environmental law since then and
strange colour. Stocks of fish regularly died. A construction adapted it to the latest requirements. In 1953, for example,
boom and a rapid increase in the number of cars and other the duty to protect lakes and rivers was enshrined in the Con-
vehicles brought ever more noise, air pollution and the stitution and four years later a corresponding act of Parlia-
progressive expansion of built-up areas at the expense of ment (the Waters Protection Act) came into force. Its main
the countryside. goal was to expand the sewage disposal networks and improve
connections to sewage treatment plants. Concerns about the

rapid changes to the landscape led to an article on the protec-
tion of nature and cultural heritage being added to the Federal
Constitution following a popular vote in 1962. This amend-
ment to the Constitution resulted in the enactment of the Na-
ture and Cultural Heritage Act (NCHA) in 1966, which for the
first time regulated at federal level the protection of indige-
nous animal and plant life and the preservation of the land-
scape and monuments. This formed the basis for the Federal
Inventory of Landscapes of National Importance.
The battle over the Environmental Protection Act

In 1965, a parliamentary request called for statutory regula-
tions in the environment sector. The related article on environ-
mental protection in the Constitution was approved in a popu-
lar vote in 1970 with over 90 per cent of the Swiss electorate
in favour. The oil crisis of the 1970s, along with the Club of
Rome report on “The Limits to Growth”, the “Global 2000”
report and a report by the US government on the global envi-
ronmental situation, had in the meantime intensified the pub-
lic debate on environmental problems. Nevertheless, it took
fifteen years before the Environmental Protection Act (EPA)
finally came into force in 1985. Forestation in the Reuss Valley, Canton Uri, during construction
of the Gotthard railway line
Forest protection In 1983, the phenomenon of “dying forests” suddenly brought

air pollution into the public eye. It also helped to ensure
The Forests Inspectorate Act of 1876 placed Swiss forests under that the EPA was quickly implemented in specific terms
strict protection and laid down the principles of sustainable mana- in this area, in the form of the Air Pollution Control Ordi-
gement for the first time. The Act was a reaction to various flooding nance (OAPC).
disasters in the 19th century, including probably the worst ever flood
in the Alps, which occurred in 1868. Its scale was in part due to At an international level, the discovery of a massive hole in
massive over-exploitation of the forests. A year after the Forests the ozone layer over the Antarctic in 1985 brought an aston-
Inspectorate Act, the Hydraulic Engineering Act was passed, which in ishingly rapid reaction: in 1987 the Montreal Protocol, also
subsequent decades led to the widespread damming and channel- ratified by Switzerland, introduced a global ban on the sub-
ling of Swiss lakes and rivers. stances most harmful to the ozone layer.
Waste disposal without environmental damage

By the 1980s, it was clear that the dumping of waste was in
Chronology of the most important pieces of environmental legislation
many places leading to pollution of water bodies and unpleas-
1875 Hunting Act (completely revised 1904, 1925 and 1986, HuntA) ant odours. A federal waste disposal strategy was developed
1875 Fishing Act (completely revised 1888, 1973 and 1991, FishA) in response to this, and led to comprehensive waste regula-
1876 Forests Inspectorate Act (completely revised 1991 Forest Act, ForA) tions in the revised EPA and in the Technical Ordinance on
1877 Hydraulic Engineering Inspectorate Act Waste (TOW), according to which waste must be recycled
(completely revised 1991 Hydraulic Engineering Act) after treatment or deposited in suitable landfill sites in an
1955 Waters Protection Act (completely revised 1971 and 1991, WPA) environmentally sound way. At the same time, sites contami-
1966 Nature and Cultural Heritage Act (NCHA) nated by waste should be quickly remediated. By introducing
1983 Environmental Protection Act (EPA) a landfill ban for combustible waste in the year 2000, Switzer-
1999 CO 2 Act (completely revised 2012) land reached a further milestone in waste disposal. The ban
2003 Gene Technology Act (GTA) resulted in unexploited waste being thermally processed or
even recycled.
Clearing up operations after the chemical accident at Schweizerhalle, Muttenz BL
Encouraging risk awareness phones saw the rapid development of another technological
People have always been aware of substances that are poison- field that not only brought advantages for society, but also
ous – or at least of those that are poisonous to human beings. risks. As a precautionary measure, legislation reacted to this
The 1969 Toxic Substances Act (TSA) created a framework by imposing clear technical requirements.
for dealing with toxic substances in order to protect the health
of humans and animals. The Environmental Protection Act Space for animals, plants, rivers and lakes
expanded the statutory framework to include the protection of In the 1970s and 1980s, the awareness grew that more compre-
the environment. hensive measures were required in order to counter an insidious
loss of animal and plant species. The approval of the Rothen-
On 1 November 1986, a fire at a chemicals warehouse at Schwei- thurm Initiative in 1987 marked a decisive step towards strict-
zerhalle near Basel resulted in pollutants entering the River er protection of habitats. It led to the protection of mire bio-
Rhine and causing serious damage. Suddenly everyone was topes and moorlands being enshrined in the Constitution.
aware that storing and handling chemical substances carried Subsequently, protection for other threatened habitats such as
serious environmental risks. The Major Accident Ordinance floodplains, amphibian spawning grounds or dry grasslands
(MAO) introduced shortly thereafter helped to increase risk and pastures was increased. Since 2007 legislation in this field
awareness and substantially reduce the risks. The Chemicals has also taken account of demands for sustainable develop-
Act (ChemA) of 2000 introduced comprehensive new regula- ment by making it possible to call for the creation of parks of
tions for the entire chemicals industry; 2005 saw further im- national importance in regions of especially high natural
portant environmental legislation in the form of the Chemicals and scenic value. Following a popular initiative, in 1991 regu-
Risk Reduction Ordinance (ORRChem). lations on residual flow in rivers were incorporated in the
new Waters Protection Act, which constituted a further step
Tackling the risks of the chemicals industry in such detail led towards comprehensive nature conservation. This means that
to attention being focused on other technologies that carry en- the law no longer focuses simply on keeping water clean, but
vironmental risks, such as biotechnology. This has been regu- recognises that rivers and lakes can only fulfil their function as
lated in the EPA and in the Gene Technology Act (GTA) as a habitat for animals and plants if they receive sufficient water
well as in the related ordinances. The appearance of mobile and have the space required for their natural development.
This was anchored in the law in 2011 in a further revision of 1999. Rio 92 also saw the start of international efforts to
waters protection legislation. This also meets the demand for reduce the effects of chemicals production and use; in 2002
improved flood protection, the basic concepts of which had the Stockholm Convention on Persistent Organic Pollutants
been reconsidered following the disastrous storms of 1987. (POPs Convention) was adopted (on the global dimension of
Protection against natural hazards should no longer be environmental protection, see box p. 11).
achieved simply by means of bigger and stronger protective
structures. The new approach accepts that complete protec- Driven by extensive scientific advances on the one hand and
tion is not possible everywhere. It combines structural safety appalling real-life experiences and disasters on the other,
measures with spatial planning and water retention measures. Swiss environmental legislation has developed in the past 50
In addition, a degree of controllable damage is tolerated. years into a comprehensive and integrated legal system. New
technologies, findings and developments will continue to re-
Integrated environmental protection and sustainable sult in amendments to this legal system. In the near future,
development loopholes also have to be closed, such as those relating to bio-
A clear breakthrough in the holistic approach to the environ- diversity and – probably – nanotechnology. There is also a need
ment was achieved at the first World Environment Conference for action in relation to the efficient use of natural resources.
in Rio de Janeiro in 1992, known as Rio 92. The concept
of sustainable development launched at the time demanded
not only that the world should adopt a holistic approach to
environmental issues, but also that economic and social con-
cerns be taken into account. At Rio, two crucial interna-
tional agreements were also adopted: the Biodiversity Conven-
tion and the Climate Change Convention. Building on the
Climate Change Convention, the Kyoto Protocol on reducing
greenhouse gases was approved in 1998. In order to imple-
ment this Protocol, Switzerland introduced the CO2 Act in
The Häuli combined landfill site in Lufingen ZH during Assorted metal removed from the slag following
the construction phase waste incineration
Making and Enforcing Environmental Law
> Fundamentals of environmental protection

Environmental law is based on a series of basic principles which, irrespective of particular statu-
tory provisions, influence the nature of legislative acts and ordinances. They also play a role in
the practical implementation of legal provisions.
The precautionary principle The polluter pays principle

The saying “prevention is better than cure” is not only conven- Costs incurred in rectifying environmental pollution or dam-
tional wisdom, it is also the primary concept of Swiss environ- age should not be borne by the general public but rather by
mental law; forward-looking, environmentally sound planning those who are directly responsible for them. Public acceptance
and action is more cost-effective in the long-term and impacts of charges for waste disposal and waste water disposal show
the environment to a lesser extent than improvements carried that the polluter pays principle is now part of everyday life.
out at a later time or attempts to rectify environmental dam- But the principle also applies in other areas, for example when
age. The precautionary principle can be effectively applied in landfills and other polluted sites require decontamination.
environmental impact assessments, in commitments to limit
emissions and in the general duty of care in water protection.
Addressing the root cause various partners. Political parties, cantons, the private sector,
If possible, our activities should not have any negative envi- environmental organisations and individual industries are all
ronmental impact at all. The Environmental Protection Act involved in the drafting of ordinances and implementation
(EPA) and its Ordinances therefore establish emission limits guides, and this ensures that practicable and efficient solu-
in order to restrict the amount of pollution that an installations are found. Cooperation with the private sector also
tion produces. When environmental measures are applied, means that environmental measures can be introduced at an
attention should initially be paid to the source of pollution. early stage, and possibly on a voluntary basis. Individual en-
For example, in order to reduce noise emissions from rail- forcement duties such as inspections and monitoring can be
ways, quieter carriages should first be put into use before delegated to companies or organisations, as has happened in
noise barriers are erected to keep out already existing noise. the waste sector (recycling) or in the implementation of the
Air Pollution Control Ordinance.
Holistic approach
The aim of environmental law is to reduce overall environ-
mental pollution. The various environmental aspects should
therefore always be given equal consideration. Measures
should not be unilaterally applied in one area, only for them to
lead to excessive negative effects in another. Noise protection
measures, for example, should not hinder nature and land-
scape protection to any significant degree.
The cooperation principle

Swiss environmental law is not simply ordained; it is devel-
oped in a broad-based decision-making process involving
Construction machinery with particle filter Empty PET bottles ready for recycling
> Environmental protection – a shared task

In its various federal acts and their ordinances, the Confederation sets out both the goals of environ-
mental protection and the instruments and measures that are used to achieve these goals. The cantons
essentially have the task of making these goals reality. The Confederation is responsible for imple-
menting legislation in specialised sectors. In addition, it supervises whether the cantons are carrying
out their tasks in accordance with the law. Both at the lawmaking stage and during implementation,
the Confederation and the cantons work closely with the private sector.
In federally organised Switzerland, wherever possible state

tasks are carried out at one of the three levels of the state, i.e. Environmental groups serving the environment
by the Confederation, or by the relevant canton or commune. The environment cannot defend its own rights. Environmental law passes
What is known as the “principle of subsidiarity” applies, this duty on to environmental groups under an instrument known as the
according to which these tasks should be carried out at the organisations’ right of appeal, which gives national environmental groups
lowest level of state possible. recognised by the Federal Council the right to object to or file appeals against
specific projects. In this way, the groups act as nature’s advocates and can
Acts and ordinances demand a court decision on whether such plans comply with the law.
The legal principles of environmental protection are laid
down in acts of Parliament. In addition, the Federal Council
issues ordinances, which add detail to the provisions con-
tained in the acts. The preparatory work for acts and ordi- implementing authorities and political decision-makers to be
nances is carried out by the Federal Administration. In this it exploited in the lawmaking process.
works closely with the cantons, political parties and business
and environmental groups. In Switzerland, a well established Key role of the cantons in implementation
system of consultation procedures and hearings allows the Written law becomes effective when it is applied at a practical
knowledge and experience of experts and the views of the level. The responsibility for this is first and foremost that of
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Legislation Implementation
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Act Ordinance
Decision Parliament Federal Council Confederation Cantons Federal Supervision

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Preparation Federal Council

Administration Private sector Communes
Private sector
Administration
Households
Consultation Cantons Cantons

Political parties Political parties
Private sector Private sector
Environmental Organisations Environmental Organisations
Legislative process and implementing environmental law in Switzerland

Environmental protection – a global task too
Many environmental problems, such as excessive noise

or damage to biotopes, are evident in the immediate vicinity of the
source of the problem. Others manifest themselves a long distance
away and thus occasionally take on a global dimension – whether as
a result of the underlying chemical and physical processes or eco-
nomic globalisation. The use of chlorofluorocarbons (CFCs) in
cooling systems and aerosol cans, for example, caused the hole
in the ozone layer far away over the Antarctic. A similar situation
is that of global climate change, caused by greenhouse gas emis-
sions all around the world. Hazardous waste, which can be very
expensive and difficult to dispose of in an environmentally accepta-
ble way, is moved around the world in the search for cheap dis-
posal opportunities.
Environmental problems with a global dimension cannot be overcome

solely by enacting environmental legislation in individual countries.
It requires joint and globally coordinated action by the entire inter-
national community. In view of the potentially disastrous effects of
these problems, international efforts to protect the environment
Ship breaking in Bangladesh have become markedly more important in recent years. In framework
conventions – such as the Climate Change Convention or the
the cantons, which thus play a crucial role in environmental Biodiversity Convention – the international community has agreed
protection. Individual cantons organise the implementation of on general goals in these fields. Agreements known as “protocols”,
the law in different ways, in particular in the extent to which issued on the basis of the framework conventions, such as the Kyoto
they delegate tasks to the communes or take care of those Protocol in the climate sector, regulate how these goals are to
tasks themselves. Specific duties may also be entrusted to be achieved in practice. After acceding to (ratifying) an internatio-
private companies or business or – more rarely – environmen- nal environment convention, individual countries must normally
tal groups. In some clearly specified cases – for example adapt their national legislation to the international requirements.
in the case of forest clearance projects involving more than This happened in Switzerland in the climate sector with the
5000 m2, large installations for the thermal production of enactment of the CO 2 Act.
energy and major hydro-electric power plants – the cantons International environment policy is one of the priorities of Swiss
are required to canvass the opinions of the specialist federal foreign policy. In its efforts to achieve an effective system of
environment authority before reaching a decision. In certain international environmental law, Switzerland is making a major
sectors, the Confederation itself is responsible for implement- contribution to protecting the global environment. This also serves
ing legislation, in particular concerning the import or export to protect Switzerland itself, because in this way it can prevent
of goods and waste and the issuing of certain licences, for ex- damage caused by cross-border environmental pollution. Improved
ample for railways, motorways, cableways and other infra- international environmental standards also protect Switzerland
structure facilities. from cheap imports from countries that have not introduced or fail
to enforce effective environmental regulations.
Under the watchful eye of the Confederation
The Confederation supervises the cantons’ implementation of
environmental law and thus ensures that environmental legis-
lation is applied equitably throughout Switzerland. As far as
possible, this task is achieved in partnership with the cantons.
If, however, the Confederation is of the view that cantonal
authorities are not complying with environmental law, for ex-
ample by granting licences unlawfully, it may exercise its
right of appeal as a public authority so that the case in ques-
tion is then assessed by the competent court.
> No authorisation without considering

environmental impact
An authority that is called upon to authorise a project that could have environmental repercussions must
assess the likely environmental impact in addition to all the other legal aspects. In major projects that could
have a considerable impact on the environment, this assessment is based on an environmental impact report.
Spatial planning also takes account of environmental aspects in order to avoid subsequent disputes.
The authority that grants authorisation for a construction pro-

ject, whether it is the local council or a cantonal or federal Assessing environmental impact
office, checks whether the project meets the statutory require- Large projects such as power plants, motorways and railways,
ments. In addition to planning law and building regulations, industrial plants or shopping centres can have a considerable effect
consideration must be given to the environmental impact of on the environment. A list has been drawn up of specific types of
the project. However, the need for coordination not only aris- structures for which a planning permission applicant is legally re-
es in relation to buildings and other structures, but also in rela- quired to investigate the environmental impact of the project before
tion to chemicals, where the protection of health, the environ- a decision is reached, and to present the results in an environmental
ment and workers must often all be considered. impact report. This must also indicate what measures are planned
to reduce the effects on the environment. On the basis of this report,
A single project generally requires several authorisations and as part of its environmental impact assessment, the lead author-
from several authorities. To ensure that they do not reach con- ity considers whether the planned project complies with environ-
tradictory decisions, the authorities are required to coordinate mental regulations.
their decisions. At federal level, the lead authority issues
all the required authorisations. It takes an overall decision An environmental impact assessment was also required for the
based on reports from the other responsible offices. In can- depot built by a construction waste company in the Canton of Zurich.
tons that do not organise their procedures in this way, the au- The company planned to make regular use of what was formerly
thorities must ensure that decisions are coordinated in some an open yard and to cover the area over for this purpose. The pro-
other way. perty was adjacent to a protected raised bog of national importance
and served as a buffer zone. The bog was also bordered by the
For the construction of a new gas pipeline, for example, motorway and the main road. As the main road had recently been
14,000 m2 of forest had to be cleared and vegetation removed equipped with a drainage system, the bog was suffering from a
from the banks of a river. The authorisation for the new gas shortage of water. The environmental impact report indicated that
pipeline was granted by the Swiss Federal Office of Energy the bog could benefit from the construction of the new depot:
(SFOE). At the same time, the SFOE also authorised the clean rainwater would be collected on the roof and channelled onto
forest clearance operation and the removal of the riverside the bog. In addition, the ground connecting the new building with
vegetation, having already obtained a report on this from the bog could be planted with suitable vegetation.
the FOEN.
Spatial planning prevents mistakes

Spatial planning also has an important – preliminary – coordi-
nating function: it regulates how specific zones, in particular
building zones, can be used. Here it must ensure that when
land is used for shopping centres or sports and event centres,
for example, which are associated with increased traffic and
therefore with noise and air pollution, the quality of the envi-
ronment in residential and recreational areas does not suffer.
> Various ways of protecting the environment

Legal systems contain various instruments designed to protect the environment, from imposing bans
to introducing rules and incentives. The wide range of instruments makes it possible to implement statu-
tory regulations effectively, with as little administrative involvement as possible and at minimum eco-
nomic cost.
The provisions of environmental legislation find specific ex- ted limit is not exceeded. Heating systems in buildings must
pression in different forms. Broad indications of desired be- also meet set pollutant levels. The use of certain heating fuels,
haviour are formulated in general regulations; for example, in particular high-polluting fuel oil or heating oil with high
bodies of water may not be polluted, and waste should be sulphur content is also prohibited. Nature reserves are pro-
separated before collection and recycled as far as possible. tected by regulations on use. For example, in areas where
There are also very specific provisions expressing exact re- agricultural use is still permitted, there are clear regulations
quirements, often in figures; for example, upper limits for air regarding the time of year at which grass may be mown.
pollutants or noise pollution.
Rules and prohibitions have led to a considerable improve-
Clear terms of reference, tough consequences ment in the quality of the environment. Regulations prohibit-
Rules and prohibitions are no doubt the most well known type ing forest clearance has meant that the area under forest has
of law. An infringement of the most important prohibitive been maintained and may even increase in the long-term.
laws results in prosecution. Environmental law clearly estab- Upper pollutant limits for heating systems and vehicles have
lishes what kind of behaviour is prohibited by setting, for ex- led to technological developments such as new furnaces, cata-
ample, upper limits to be respected. It clearly states the maxi- lytic converters and particle filters. There has been an improve-
mum volume of pollutants that a car exhaust may emit and ment in the ozone layer thanks to the ban on chlorofluorocar-
how much noise a vehicle may produce. Pollutant emissions bons (CFCs).
must be measured every two years to show that the permit-
Using recycled concrete

Affecting people’s wallets Environmental agreements mean that special requirements

The idea of market-based instruments is to apply the mecha- can be taken into account. They open up opportunities for
nisms of the free market economy to create financial incen- businesses to introduce improvements, yet at the same time
tives which encourage environmentally friendly behaviour. require from them greater independent responsibility.
People who do not consider the environment in their actions
should be required to pay more than those who do. This can Clear-sighted environmental planning
be achieved by means of incentive taxes or levies. The incen- The diverse nature of most environmental problems requires
tive tax on solvents, for example, was designed in such a way that the state is not solely reactive. A key role is also assigned
so as to increase step by step over its introductory phase. to proactive environmental design and thus to environmental
This created an incentive for the industries affected to reduce planning. The term “planning” involves a variety of instru-
their use of solvents to an ever greater extent. The incentive ments which can be categorised according to their effect as
tax has also meant that in some production processes in the informative, influential and mandatory planning measures.
chemical industry, solvents are now completely recycled or The latter are usually of a protective nature. They allow us to
are no longer required at all. determine which activities can be pursued in a particular area
or to what degree an area may be affected, for example by
Environment management systems should encourage busi- noise or air pollutants. For protection against noise, building
nesses to protect the environment not only in specific areas, areas are allocated so-called “sensitivity levels” within the
but also to consider environmental issues in everything they communal land use plans. These set out how much noise may
do and to make constant improvements. Businesses which in- affect these areas. The purpose of water protection areas is to
troduce an environment management system use this to their protect groundwater wells from fertilisers, pesticides, etc.
competitive advantage. Their environmental performance is Nature conservation areas are designed to protect vulnerable
regularly monitored. habitats such as bogs, dry meadows or floodplains.
Market-based instruments are considered when it is not nec- Action based on information
essary to prescribe certain practices but incentives alone Information plays a crucial role in environmental protection:
should be sufficient to encourage people to act in a particular for example, access to information on the state of the environ-
way. The aim of these incentives is to increase self-interest ment must be guaranteed.
in protecting the environment. This may take the form of At the same time, the active dissemination of information on
charges or levies to pay for necessary measures such as waste how the environment can be protected and depolluted helps
recycling, or schemes whereby the money is returned to the authorities to implement environmental measures. It also
the public and businesses via the state pension system (OASI) allows companies and individuals to be aware of the impact of
or medical insurers, as is to some extent the case with the their actions on the environment and to act responsibly both at
CO2 levy. work and at home. In large and small campaigns, the federal
government has increased environmental awareness and indi-
Commitment from individual industries cated ways in which each of us can be environmentally friend-
In order to take account of the special conditions in individual ly, in particular in terms of waste, air and noise. This active
sectors of the economy, environmental law allows industries spread of information has thus helped towards the level of
to define their own environmental measures in agreements. environmental progress attained so far.
The industries undertake to introduce improvements accord-
ing to a particular time schedule and to a specified extent.
In return, they are not subjected to other regulations. For ex-
ample, agreements of this kind have been made with owners
of filling stations to improve air quality on their premises.
The energy-intensive cement industry, where the nature of
production processes means that the scope for saving ener-
gy is limited, can also enter into agreements of this kind.
The CO2 Act also allows for specific solutions to be drawn up
for individual plants. Some businesses are exempt from the
CO2 levy if they agree to introduce measures to limit their
carbon emissions.
Aspects of Environmental Law
> The Environmental Protection Act

The Environmental Protection Act (EPA) is the cornerstone of Swiss environmental law. It regulates
several key areas of environmental protection and contains general provisions that apply to all
aspects of environmental protection. The detailed provisions are contained in the various ordinances
to the EPA.
The EPA regulates several environmental sectors in general ous to the environment, organisms, waste (including the
terms. It also sets out the basic instruments used in environ- remediation of contaminated sites) and the soil. The EPA con-
mental protection and lays down the fundamental legal princi- tains general regulations on all of these areas, such as
ples that bring about a comprehensive awareness of environ- provisions on what instruments may be used. The detailed
mental protection. provisions, for example limit values, are set out in the relevant
ordinances. Other areas of environmental protection, such as
Ordinances and other environmental legislation waters protection, climate protection, forests, nature and land-
The EPA deals with a key area of environmental protection, scape protection, etc. are dealt with in their own specific acts
the issues of protection against emissions, substances hazard- of Parliament.
General provisions and instruments

In addition, the EPA lays down the basic legal principles of
Swiss environmental law (cf. p. 8) and sets out the general in-
struments of environmental law such as environmental impact
assessments, environmental information, incentive taxes and
the organisations’ right of appeal. But it does not confine itself
solely to precautionary protective measures. In its provisions
on remediation and improvements, the EPA also stipulates
what is to be done if the regulations are not complied with.
Checking the water quality in streams and rivers
Regulatory fields covered by the EPA
i t i es
ut ho r p r i nc i p l e s Superordinate regulations
da B as ic u te r pa y s p r i n c i p l e Civ
n l
– Po l au t i o na r y pr i nc
sa c il l
on – P r e s t i c a pp r o ach i pl e i ab
ati – Ho l i
Or
– I nig a i Implementation guarantees
is
li ty
m s
an
– p a
– D S u pe l e
or g
d
ti o n ti n n
an
m e v i s i o n ge n ci e
fo r
e r
n gp
Ambient – Sp l e g
poll
i es i d
ea l
ec
sid l a
uti
– Fe es
a t i l is t a
a pp
on
su b a nc i a
a nc
o
ia
co
– Fin s
o
e
oil
we
t of
Fin
nt
rs
S
R i gh
ro
l
Environmental Protection Act

ic als
Disaster p
ev rtin g a n d
latio ns
(EPA)
– R e r m a tio n
Wa st e
Che m
– P u alu atio n
b li c re
po
rote
/ Po
In f o
ll u
c ti o
ted
n
sit
es
Re
t
en
me m
dia O rg a nis m s rce t
tio n e nfo mpac
/I m p d i
io n
ro v e m n t e e tal nt
G uara on men
Cr
iat
ent me
im
pr
al E n v i r n t e
– sme ag
in
ro
pr p
ov a s s e s tio ns l m an Ex
isio p e c t a
ns – Ins onmen
r
– E nvi
Preventing environmental impact Limiting impact

(control of ambient pollution) As a preventive measure, the EPA requires that the spread of
air pollutants, noise, non-ionising radiation and vibrations
Under the Environmental Protection Act (EPA), the aim of should be prevented as far as possible – and prevented where
ambient pollution control is to protect the environment from they occur. This can take the form of precautionary emission
harmful effects or nuisances. Whilst the EPA establishes gen- limits and planning measures which ensure that buildings are
eral conditions, the various ordinances specify targets in de- not constructed in places where levels of pollution are already
tail, in particular by setting limit values. high. These are measures that reduce emissions directly at
their source or prevent them from spreading. Heating systems
There is a two-sided approach to protecting against harmful and engines, for example, should be designed to release as
effects: on the one hand air pollutants, noise, non-ionising ra- few noxious exhaust fumes as possible into the air and to be
diation and vibrations (emissions) are kept to a minimum at as quiet as possible. The ordinances establish the maximum
their source, and on the other, pollution (the ambient load) is permitted emissions for a range of installations and devices.
contained at the place where its effects are felt. Technology provides many opportunities for reducing emis-
sions, such as very efficient engines or fuels with low levels of
pollutants. Well insulated houses require less fuel for heating
A
po m b ie n t
ll u t ro
l
io n c o nt
A i r ll u t
o n ra -
po
ib
s
V
PD OO
io ti
EL H O C3
n e
N ois
SO 2
OV
NIR*
1
OA
PC 4 7 ble i-
l ly i b l e o n a l &
6 SL
O 9
ina o m
a s r ati i c ally
O
s u , e c ly
NIR O 5 NA O 8 MaN
sta on
Pr
ec O
pe chn
RN A
–T au
–T o
e
e tio
op ch n nar
y e m is fe li m c e s o r
fe a e r a t i c a ll y
alu f
sio n li mits ca it v s o
nt e x c ts
c s i o & &
e
i
– M al l b l e a ll n y
c a ll l y
Fur
bie s in effe
y s , e y – T c h n i -
va axim usta cono e c h n i c a ll y & – Te tional omi
– In
the
am nce ful
St lu u in m o p er atio n o p er a e, e c o n le
ric es m em able i-
ce n
a a rm
a l l y
rr
i bl b es
t er issi f e a s i b l e, e c o n o m i- fe a s s u st ain a e s alu
eg
or
h
tive
–F o c y v
e n a l l a l l l u n – F nuis
ul a
y c a
nu or ha mi – s u s t a in a b le n g v i s si o
t ax
s M n n i
sio a xi m u l a m the
tio
– C a m b isanc rm fu –P e
values m installation – Maximum
es
n li
ns
i
on en s eff e l m its
tin t li in e e c ts
v e t io n
nt
r
g e m it x c e o r s o he
me
f ect s of t pe
c
–I n cy valu ss o e f
– ns pla e f the l
ar mfu xc e
s ns ro
– R Imp pect ns
– F or
harm ful e – For h nces in e alue – I Imp
r io n u i s ff e c t s o r s a v –
o an nui t
ma equir vem n a m bie ces in excess of the t li mi
c h e m en t nt li mit v alu e a m bien
in e e n
s a ts f
n d or p
dev lac
ice ing f
s o urn – I ns p ion s in
n th ace
e m s, – Imp ection – I n s p e ct m e n t e a sure nd
a r ke
t
r
– Req ovement –
e
Improv roofing m gs o n es a cted
ui -p in g z ffe
buildinrements for defining – Sound se of build buildin reas a
g zo n e s the ca ments for ons in a
re si
– Requi ng permis
planni
e
by nois
1) PDSO: Ordinance on the Incentive Tax on Petrol and 3) OVOC: Ordinance on the Incentive Tax on Volatile Organic 5) NIRO: Ordinance on Protection against Non-Ionising 8) RNAO: Railway Noise Abatement Ordinance
Diesel with a Sulphur Content of more than 0.001 per cent Compounds Radiation 9) MaNO: Machine Noise Ordinance
2) ELHOO: Ordinance on the Incentive Tax on Extra-Light 4) OAPC: Air Pollution Control Ordinance 6) NAO: Noise Abatement Ordinance
Heating Oil with a Sulphur Content of more than 0.1 per cent 7) SLO: Sound Levels and Laser Ordinance * NIR: non-ionising radiation
and sound absorbers reduce noise from machines. The estab- specify the degree of pollution which is permitted in a particu-
lishment of limit values has driven technological progress to a lar place. If a set ambient limit value is exceeded, further
large degree, with the introduction of innovations such as the measures must be applied. These may involve additional pre-
catalytic converter in petrol engines, the particle filter in die- cautions such as noise barriers. In areas with excessive air
sel engines and the development of quieter railway carriages pollution, it is the cantons’ task to implement contingency
and wagons. Furthermore, when land is designated for build- plans to coordinate these additional measures.
ing and development, the communes must take account of
noise pollution and non-ionising radiation levels.
Stricter regulations
Even if precautionary emission limits are set, this is not always
a guarantee that the impact on people and the environment will
remain at an acceptable level. For example, noise pollution
along roads and rail lines with high traffic levels is consider-
able. The ambient limit values set by the ordinances therefore
Areas affected by control
Air Pollution
The Air Pollution Control Ordinance (OAPC) regulates in particular
the precautionary emission limits of installations and the procedure
in the case of excessive ambient air pollution. The Ordinances on
the Incentive Tax on Volatile Organic Compounds (OVOC), on Extra
Light Fuel Oil (ELHOO) and on Petrol and Diesel with high sulphur
content (PDSO) create economic incentives to reduce volatile
organic compounds and sulphur.
Noise
The Noise Abatement Ordinance (NAO) regulates limits on outdoor
noise emissions from installations and sets requirements for the
zoning and development of building land and for the granting of
planning permission in areas with high levels of noise pollution. Basel’s industrial district
The Ordinance on Railway Noise Abatement Measures (RNAO) con-
tains specific requirements for improving existing railway infra-
structure. The Sound Levels and Laser Ordinance (SLO) regulates
the use of laser devices and indoor noise levels, for example at
concerts. The Machine Noise Ordinance (MaNO) regulates precau-
tionary noise emission limits for new machines and equipment.
Vibrations
In the case of vibrations, the EPA is applied directly. A more detailed
ordinance has not yet been issued by the Federal Council.
Non-ionising radiation (NIR)

The Ordinance on Protection against Non-Ionising Radiation (NIRO)
contains provisions on the impact of electrical and magnetic fields,
such as those emitted by mobile telephony antennae and electric-
ity works.
Antennae transmitting mobile telephone signals

Waste and soil Strict requirements for landfill sites

Waste that cannot be recycled and therefore has to be depos-
Mishandling waste can seriously damage the environment in ited in landfills must not pose a risk to the environment.
various ways. This is why waste disposal is one of the key is- In practice this means that waste should no longer be able to
sues in the Environmental Protection Act (EPA). Two closely react harmfully with the environment and must be as insolu-
related issues are polluted sites and soil protection. ble in water as possible. Depending on its properties, waste
must therefore be physically or chemically treated before be-
Avoiding waste and recycling ing deposited in a landfill. Domestic waste for example is
The EPA lays down principles on how to handle waste. burned in waste incineration plants before its residues may
We should avoid creating waste if at all possible. If we do be deposited. These may only be placed in licensed landfills.
produce waste, then if possible it should be reused to produce Depending on the condition of the waste that they store, land-
new materials, i.e. recycled. Recyclable waste – which accounts fills must meet predetermined requirements relating to techni-
for around half of all domestic waste – should therefore be cal equipment and after-care.
collected separately from other forms of waste. The Ordi-
nance on Beverage Containers (BCO) lays down recycling Remediation of polluted sites
levels for drinks packaging. Consumers are required to return Places where waste has not been treated properly in environ-
electrical and electronic waste and used batteries, while retail- mental terms, such as old landfills, former industrial estates or
ers are obliged to accept them. sites of environmental accidents, are designated polluted sites.
W
sit a s t e / P o ll u t e d
Wa
es/
S o il
ste
i
So
l
OM
ed
Pollut
W
Gen
sit e s
– E o u n d li n g ,
er a
ion
8
n v i d i lan
s cyc
OIS
l re n t a l l l
vat
O
(re
ion
O RRC
ron sp dfi
n ty ese r
gu
act
BC RDEE 3he m 2
m e o s a ll
tio
la
l
mp
rti p r
soi
ns O4 TOW 5 CSO 7
6
y
rm
co
Spe
-te
ted
OCRCS
l i
n g il f e i o
on of
– M u th or ort/i
llu
c ia
) –S o
– A r exp
– L of so e nt si
po
ep
ov e is at mp
l re
fo
rev ero s
fo r
– E w ast aratio e d
m e io n ort
– P and sure
gu
n vi e n of p o ll u t
l at
f
nt
sou ron – Avoi t er o ea

nd men – R e g is
i on n t n t
di
do requ
dis tally – Enviro ng waste o ni - n –M

c u ire
s m
s
pos n si t e ,
n d iati o
sound mentally i g a ti o
me m
al
d
(recycli isposal – Inv e s t a n d re m e rge
t o ri n g n c ha
lu e n d
– Poll ng, landfilling) h e er

s
a
i o t
e
u t
o b li g a n t o p a y
– Obli ter pays financing
oil
igg n va
ds
io r
g a tio n t o s
o – O bl ig a t s t
e, tio e
ate
w r t
a st e at d ie ui d di a us av
g,
–O so u r c e – Sub s i
rin
– O b lig – Wa s
t – G re m e ts on ex c
ito
– b li ti o a – e d i s p o s al planning i g n n
– O bli gatio n to
Inform
ation /Ad vic e im lin tio mo
– L Hand edia tion,
– P Rec y gatio n to ret u r n – Rem rva n
– M rep clin g n to ta k e b – Obse atio
an aid d q uo dis p o a ck lue s ies
dat isp tas s e Treat
m e n t r a t i on va s ubsid – evalu
or y o sa – R eq n t
uir – C o n c e m e nt s for
dep l fee tr e a t m e m e n t s f o r w a s t e e
o sit – Re q uir re
– Req ent facilities – P r o cedu
– Mix uirements for the
disposal of waste
– Rec ing ban
– In ci y cli n g o b li g a ti o
– Sup neration ob lig a n
er visi o tio
n of w a s t n
e d is p o s a l f a c il it ie s
1) OMW: Ordinance on Movements of Waste 3) ORDEE: Ordinance on the Return, the Taking Back 5) TOW: Technical Ordinance on Waste 7) OCRCS: Ordinance on the Charge for the Remedia-
2) ORRChem: Chemical Risk Reduction Ordinance and Disposal of Electrical and Electronic Equipment 6) CSO: Contaminated Sites Ordinance tion of Contaminated Sites
4) BCO: Ordinance on Beverage Containers 8) OIS: Ordinance relating to impacts on the soil
Where there is a specific risk to the environment, for example

to groundwater, the cantons must arrange for the site to be International control of the trade in waste –
remediated or at least to be monitored. The investigation, the Basel Convention
monitoring and remediation of polluted sites can be very ex- In 1976, during clear-up operations following a chemical
pensive. In some cases, the Confederation will also make a accident at a subsidiary of Hoffmann-La Roche in Seveso in Italy,
contribution, for example if it is not possible to identify the 41 barrels containing waste contaminated with dioxins vanished
person responsible or the polluter does not have enough mon- without trace. Months later they were discovered in Northern France.
ey to pay the costs. The Confederation finances its share of the Two and a half years passed before the hazardous waste was finally
costs from the Contaminated Sites Fund. This is financed by incinerated in Basel in a high-temperature furnace. The events sur-
means of a levy charged for depositing waste and exporting rounding the Seveso waste made it perfectly clear that international
waste to be deposited abroad. regulations on dealing with waste were essential. Regulations were
finally enacted in 1989 in the Basel Convention, which aims to create
Ensuring the soil remains fertile a global system for environmentally sound waste management and
The aim of soil protection is to maintain the long-term fertil- control the transborder transport of hazardous waste.
ity of the soil. Soil fertility can be adversely affected by not
inherent degradable or persistent chemical substances, by ge-
netically modified or pathogenic organisms, or by physical laid down for assessing soil pollution and deciding whether
changes such as soil erosion and soil compaction. Measures to and if so which measures are required.
protect the soil from chemical and biological pollution are
largely regulated by various acts and ordinances such as the
Waters Protection Act and the Air Pollution Control Ordi-
nance. Standard, trigger and remediation values have been
Loading the furnace at a waste incineration plant
Recycling electronic equipment Excavating ground material at a polluted site

Handling chemicals with care gradable can accumulate in the environment and thus cause spe-
cial problems. Handling chemicals is not only regulated in the
Chemicals are used day-in, day-out all around the world – EPA, but in a range of environmental legislation, in particular
in industry, in agriculture and in the household. There are im- the Chemicals Act (ChemA) and the Agriculture Act (AgricA).
mense numbers of them; around 100,000 chemical substances
are manufactured industrially, and while we currently know Self-regulation and duty to provide information
of more than 40 million chemical compounds, every year we The principle of self-regulation requires chemical manufac-
discover 400,000 new ones. Self-regulation by manufacturers turers and importers to assess whether the substances they
and importers should prevent chemicals from causing environ- manufacture or import may endanger the environment or pub-
mental problems and problems on public health. The Con- lic health. To make this assessment, they must obtain as much
federation also has the power to prohibit especially problem- information as is available. If they are dealing with a new sub-
atic chemicals. stance, it must be tested and registered. A technical dossier
must provide information on the properties of the substance.
The Environmental Protection Act (EPA) requires us to han- In certain cases, a chemical safety report must be prepared.
dle chemical substances in an environmentally sound manner. This procedure largely corresponds to that in the EU Chemi-
Substances can be hazardous to people and the environment cals Regulation (REACH).
in a variety of ways: some pose a health risk because they are
poisonous, corrosive or carcinogenic, while others jeopardise Manufacturers and importers of chemicals must also in-
the ecological balance. Substances that are not readily biode- form their customers – people using chemicals in industry,
Che
m ic als
Che
EP )
Ag A/Ch mA
mO
ric e m i c a l s A c t ( C h e
Gen
PP 5
u lt u
– D e lf -r e oris a
r e A ct ( A g ri c A )
– S ate g g /
er a
OP
– C b e llin a ti o n bliga
ut y g u tio
l re
OR
– In o rti ion
la m o
RC
pe e r vis a tio n o vi d e
of a ti /
p m pr e
gu
or y to f ca r
hem 2
–S
re p r vis
for ng
ca on
tio 4
la
GLPO
re
upe
ns
l
t o
OBP 3
Spe
ty
u
on n/
– D Du
– R p ecia rest
cti io
cia
– S up ply
s
–S
–S
e g i list ric
– inf
l re
u
ins per v u
str k n tio
– S ins
,
gu
f
tio
ion
p e c isi o n s o ry
atio o w n s
ns
i ple orato
l at
ti on /
rat
n c
n r le
r i
ion m e n
– P od lab
ist
– D uty of c are
eq dg
s
“ g o ic e” audit
d
s
a ion n , reg
an
ui r e
– D uty to provide t
p ra c c ti o n s /
e
rn
at io o n
in for m a tio n pe
etu
– Ins
n it i s a ti
s
t
– S up e r visio n / an h
ing ck to r
or
i n s pe ctio n s – B Aut og
–R – rec lig
es b b
– S exce trictio – O t a ke e ll
– pe ptio ns / ab
– S A uth c ia l li n al li c b a n s / –L
– R p e c o ri s a c e n c e n c e
ep ial l tio n e s
ort ab
i n g e l li n f o r u s – Bans
obl g e – A uth oris
iga
tio n atio n , re gi stra ti o n,
recogniti
s – O bl i g a t i o n
o k e bac k
– L a b e l l i n n t o r e t ur n a n d t a
g
1) ChemO: Chemicals Ordinance 3) OBP: Ordinance on Biocidal Products 4) OGLP: Ordinance on Good Laboratory Practice 5) OPPP: Plant Protection Products Ordinance
2) ORRChem: Chemical Risk Reduction Ordinance
A packaging plant in the pharmaceutical industry
commerce, agriculture and households – about the environ- from the air. Persons who use certain substances at work,
mental relevance of their products and the correct way to han- such as wood preservatives, disinfectants in swimming pools
dle them. For this purpose, they must issue safety data sheets or refrigerants, must also obtain a special licence and pass a
and use labels with danger symbols, danger warnings and professional examination beforehand.
safety advice.
Bans on special substances
Environmentally sound handling as a guideline The Federal Council may however issue even stricter regula-
Anyone who uses chemicals must follow these instructions tions on substances that are hazardous to the environment or
and generally act to ensure that neither people nor the envi- human beings. In particular it can ban the use of specific sub-
ronment are put at risk. Certain substances require special stances. This type of ban applies for example to non-degrada-
authorisation before they can be used. Examples include ble brominated flame retardants that accumulate in the envi-
plant protection products that are to be sprayed in forests or ronment. Highly durable chlorofluorocarbons (CFCs) were
widely used until the mid-1980s as refrigerants and as propel-
lants in aerosol cans. As CFCs and a range of other substances
Healthy lakes thanks to a ban on phosphates played a crucial role in depleting the ozone layer, most of
these were banned in 1989, and a blanket ban on all such sub-
Phosphates are salts from phosphoric acid which occur in many stances has been in force since 2005.
parts of the world as a natural product, albeit in limited quantities.
Phosphates are important nutrients, especially for plants. They there- Environmental protection in the home and garden
fore play an important role in agriculture as fertilisers. Phosphates Professional users in industry and agriculture are now well
also help to soften water by removing lime. Because of this, phos- aware that the use of certain substances is restricted or even
phates were widely used until the mid-1980s as additives to laundry prohibited on environmental grounds. In the home or in private
detergents. However, phosphate residues in waste water, thanks to gardens this is not always the case. For example, it is prohib-
their excellent fertilising effect, caused the growth of algae in rivers, ited to use herbicides on roofs, patios, roads and paths.
lakes and seas. Switzerland’s lakes, particularly those in the Central In practice, though, amateur gardeners and caretakers can often
Plateau, were badly affected by over-fertilisation, with farmers also be seen spraying these substances around. Here there is still a
making a contribution. The use of phosphates as an additive in need to improve the way in which regulations are enforced.
laundry detergents has therefore been banned since 1986 and has
been limited in dishwasher detergents. Since then the condition
of Switzerland’s lakes, thanks to this and other measures, has im-
proved considerably.
> The Forest Act

In the 19th century, the decision to introduce sustainable management practices to protect forests was
a milestone in the use of natural resources. Today, Swiss forest legislation is internationally recognised
and also regulates in a comprehensive manner the various functions of the forest both for people and
as a habitat for animals and plants. By encouraging natural and sustainable forest management, it also
ensures that wood, a local natural resource, can be used on a permanent basis. Furthermore, the Forest
Act addresses the key role of forests in protecting against natural hazards. (see p. 33).
The Forest Act (ForA) accords forest a unique position in land only be cleared if a particular project cannot be realised in a
use: it protects it both in terms of its spread and its spatial different location and there is an interest which outweighs that
distribution. The main instrument is the general prohibition of of preserving the forest. This may, for example, be a drinking
deforestation. Only in exceptional cases is it permitted to re- water reservoir which is of considerable public benefit and
move areas of forest permanently. Forest in particular may for technical reasons cannot be placed simply anywhere. If a
Regulatory fields covered by the ForA
a r e a s – Au t ho r i s a t i o n o f d Superordinate regulations
n r es t e d t
s – D i s t an c e f ro m e t r i m
v i si o
n
f o
o f s f o r es – Coordination the fore ental
o o Ex
la p
r
t e c t i t ion a n perm i t with u
spa st edg ses p Implementation guarantees
P ro c lar a ta ti o tial e
ro
in
– De o re s pla
pri
im
– Def a t i on nn
an is
Cr
at i
r ing
O r g s p o n s i b i l i t y f o e n f o r c e me n t Curved lines:
on
–
stin als
e s t o r g an i o n s a t i Non-field-dependent regulations
m
R
– o re
g
i
d ha an
– F upervision
woo by wild
e
–S
v
– I r e s e fu n d a
Straight lines:
nts
r
n f o a r c m en t
est conservation
t i on
pla
Field-dependent regulations
rm h an al data
For
– Authorisatio damage
of
ifica
a t io d ac q
la n d
n for
qua l
n, a
e p r o d u c t i v e m a t e ri a
f
– Prevention o
d v ic e , i s i t i o n
– Training and
ent
u
ainable
mage
Sust gem
Forest Act (ForA)1

of ot e ctio n
it a t s
mana
f fore st d a
cu t t ing
hab
– R re st o n s o n r
clear res
Pr
ves
on l measu
hib ltura ning
tio n o
e m re s e r
t i
– F e g ula
n
Rig h
edia
f
l
o
A c c e s s i b i lit y
– Silv st p
–R
t of
– Fore
o
u
t i
c
i
in g
i
Fin
ap p
nn
–
–
o
an pla
P r
eal
cia st
l ai ore
fo r
d –F
org
an
a ti
ili t
– Ac ia b
is
on
sa – B a c e s s re q u ir e m e n t b lic li cl
nd
aut – A u n o n v e hi c ul a r a c c e s s f o r p u P ub
hor t h o ri s a
it i e s tio n fo r e v e nts
1) without natural hazards (see p. 33)

special permit is issued for deforestation, trees must be re-

planted as a substitute in the same region and cover the same For the good of humankind
area. In special cases, other measures to benefit nature and the Forests are of enormous importance not just in Switzer-
landscape may be taken as a substitute. land but also throughout the world. The world’s forests are a haven
for biodiversity and fulfil an important function in the CO 2 balance
The forest as a living community and in terms of climate change by absorbing CO 2, capturing carbon
The forest consists of more than just trees. Animals, other and thus removing it from the atmosphere. Widespread deforestation
plants and fungi live in and on the forest floor, in the un- around the world accounts for about one sixth of global CO 2 emis-
dergrowth and in the treetops. Depending on the subsoil, sions. Forests also play a vital role in local and regional economic
climate and type of use communities of all kinds can develop. and social development – for example as a source of raw materials
The protection of these natural communities is a second im- and energy, or in conserving water. So far, however, no international
portant goal of the ForA. The use of forests, which is regu- agreement exists on the protection of forests. Indirectly, they are
lated by cantonal planning and management regulations, covered by the Convention on Biological Diversity and the Convention
has to take the biodiversity of the forests into account. on Climate Change. Both of these international agreements assign an
Forested areas may therefore be used only in part or not at important role to forests.
all. The cantons may designate some areas as forest reserves.
In this way natural processes can develop undisturbed and
ecologically valuable structures, such as underbrush and dead
trees, or “deadwood”, are left untouched. Woodpeckers, for
example, find shelter in deadwood and feed on the insects liv-
ing in it.
…and for recreation

Whether hiking, biking or mushroom picking in the Alps or
walking, jogging or riding in urban areas – many people spend
their recreation time in the forest. This is made possible in
part by the Forest Act, which assigns the cantons the task of
making the forest accessible to the general public – an achieve-
ment of a type seldom seen in other countries. However,
access to the forest can also be restricted if important public
interests require it, such as when the conservation of the forest
is at risk or to protect plants and animals. Moreover, the forest
is only accessible to those who are travelling on foot. Only the In a forest of beech trees near St. Aubin NE
Forest Service and forest managers are permitted to drive a car
or other motorised vehicles in the forests. Riding and cycling
is only permitted on forest roads, surfaced forest paths or spe- the Confederation supports measures that increase economic
cially marked trails. Mountain bike trails along unsurfaced viability. These include issuing planning requirements that
tracks through the forest can be damaging and require special apply to all companies or the improvement of management
authorisation from the respective canton. This is only issued practices in the form of management communities.
subject to certain strict conditions.
Sustainable use of forests

Besides protecting the forest and the various functions of the
forest, the ForA also has the goal of managing the forest with
respect to nature and of encouraging the sustainable use of
wood as a natural resource. A significant amount of timber is
available for sustainable use: not only is wood a renewable re-
source, the forest already contains a significant supply of tim-
ber which has not been exploited in recent decades. The Con-
federation and the cantons are responsible for training the
necessary personnel and advising forest owners. In addition,
> The Waters Protection Act

The Waters Protection Act (WPA) protects water and our lakes and rivers against harmful effects. It ensures,
among other things, that good quality drinking and process water is available to households, industry,
commerce and agriculture. It also ensures that the natural habitats of animals and plants in and around
water bodies are preserved. Rivers and lakes should also provide recreation opportunities and continue
to be part of a diverse landscape.
Keeping water clean therefore ensure there is a balance between their livestock,
Clean uncontaminated water is vital for people, animals and the additional fertilisers used and the land under cultivation.
plants. But we should not take access to clean water for They also need to have large enough areas for storing liquid
granted. As recently as the 1960s, Swiss streams, rivers and and solid manure so that they do not have to spread manure
lakes were polluted, sometimes drastically. The WPA re- on the fields during the dormant season in winter.
quires everyone to take the care needed to avoid harming our
water bodies. In particular it prohibits the introduction of po- Switzerland gets 80 per cent of its drinking water from ground-
tential pollutants into water bodies. Polluted waste water pro- water (wells and springs). To ensure that this groundwater
duced by households, businesses or industry must therefore does not become contaminated, the cantons have to designate
be treated before it can enter a water body. Waste water groundwater protection zones. In these zones there are re-
should be discharged into the public sewers if this is possible strictions on constructing buildings and other installations as
at reasonable expense. Waste water from businesses or indus- well as on commercial, industrial and agricultural activities.
try – such as from car garages, fruit processing and the chem- Construction, for example, is prohibited in the groundwater
icals industry – must in some cases be specially treated be- wellhead protection zone and in the inner protection zone.
fore it is discharged into the sewer system. In the outer protection zone, only installations that cannot
affect the groundwater may be erected.
Farms may not spread more fertiliser (nitrogen, phosphorus)
on their land than is required by the crops. Farmers must
A rehabilitated section of the River Reppisch ZH

Sufficient water in rivers and streams A sufficient level of water needs to flow if fish and small
The availability of clean, uncontaminated water is not enough organisms are to survive in it. So if any more than negligible
for animals and plants to be able to live in and around water. amounts of water are used from a water body – for instance
Animals and plants require their habitats to be intact, both in for a hydroelectric power plant or for agriculture – authorisa-
terms of water flow, the “water regime”, as well as the struc- tion is required. Authorisation can be given if it can be guar-
ture of the water body. Due to damming at hydroelectric anteed that there will always be sufficient residual flow in the
power plants, earlier flood protection measures and the chan- stream or river. Hydroelectric power plant operations lead to
nelling of rivers, water habitats in many places are severely a rapid rise and fall in the water level, a phenomenon known
affected. In some places, too little or no water flows, and there as “hydropeaking”, caused by switching installations on and
are no natural streambeds, riverbeds and banks. off. Plant operators are therefore required to minimise harm-
ful effects on water habitats by taking structural measures.
Regulatory fields covered by the WPA

Criminal provisions
Superordinate regulations
t ion for ins ta lla tio ns and a cti
thor is a v ities
– A u i n ag e p l a n ni ng Implementation guarantees
ea s – Dr a
–ar
a nd
es wa t e r ) b y a r e a p l a n
on n ( gr o und ning
z w a t e r s wh i c h m ay p o l l u t e w a t e r
i on t r a ti o o f u i d s
l i on l i q
ec t of
e/i ct
ar g t e
r o t d l in g
nfi
s
ch r o
r
P ate
– Han
e rs di s er p
ns
rw
tio
–
se w a t er dwa t
s p d fo
n
es
ve
l in fish
i
Fin
ec
a ti id e
ter
s e r s a ga i n s t
o nn e c s t e o un
– Ch a n c i n
te r
a q u pr ov
e
f
l
te c h e o
i p t – F i n a r ge s g
wa
a
c
– D u t y t o c e n t o f wa e a s , gr
in c f w
a
w
n for passag
p r io n o f fe c t s
e
a
c
e
and ncial
itat s p ac
i
as t
c t u l e ar e
– P a si c
pay comp as
r
fw
f
– A rr a n g em t ec t i o n a
f f c ay s
o
t to
– D arm e
the
r ot
me e
B
y o te r p l e
se o
e
sis sato
– Du t y t o o l l ut i on
nts
in g th
lu cip
ta n r y
– S e c u – P r o t e c ti iv e u s e o f
n
– P ut
h
ty
d i sp o
b
p ri l
n
ual i
ce
a
o
o
– Water pro
i
– Guarantee
t
– Ba n on p
a
ng the
Water q
– Autho r i s
ri n g a n d e x te n s
– Pro visio n of
– I n f o r m a ti o li c
– S e nf o p o n s i b ilit y f o r
Waters Protection Act

g e n eral p u funda
es nis a tio n
I n f o r m a t n for
(WPA)
– S e curin
– N o s eri o
– A uthorisa
– Re m edia
ies
Wa t e r r
– S D ele er visio e n t
e as ure s
agenc
p e g a ti o n
– up rce m
– R Org a
io n the
get
b
lis t n
h or iti e s
egim
d
g app cau
us ha
tio n m
tio n p
b
es 1
tio n in in g f
cia
me
f w oad
eha te rs
e
ro pr sed
R e m e d ia ti o n
r
d aut
r
nta
ctu
s
m
ls
lann
bilita
ater
of r r wa
n o bed
th e or h
iate b
Expr
tru
s an
ion d fo
cas y dr
ys
it a c e d
r
o p ri
e si hy d
tio n
od
b il a n
e o op
s at i d e
du ro
b
tio
a ti o
er
ha a l
ni s a
al p
f w eak
riti r o v
t
ab
w Wa
flo
na
g
ri o c e p
ith in
rin e
rga
ea
nd
k in c u to r
raw
d p spa
g – Ma
ro
e
– S D u ty
lan
l fo
a
in ta th
e
lo
g
dc
wa in in – ing g an
ea
f
g the
on
ter n
pp
gro u efi in
so
ndw ater reso urces

fa
– D lan n
lid
to
ion
–P h
at
Rig
Curved lines:
Non-field-dependent regulations
Straight lines:
1) also regulated by the Fishing act (FishA) Field-dependent regulations
Living watercourses
The former practice of reinforcing and correcting the course Rhine again home to salmon
of streams and rivers is now only allowed in exceptional In the Convention on the Protection of the Rhine, the five
cases. Covering or culverting watercourses is prohibited. adjoining states of Switzerland, France, Germany, Luxembourg and
The WPA in fact requires that reinforced, corrected, covered the Netherlands along with the European Community undertake to
and culverted waters should be rehabilitated. When this hap- protect the Rhine as a habitat. It is thus a thematic extension of
pens, the landscape and recreational aspects of the body of previous conventions dealing with the improvement of water quality.
water must be taken into account, but the costs and benefits The Treaty aims to protect the individual character of the Rhine,
are also to be weighed up against each other. The cantons are its banks and flood plains. To protect the animals and plants that live
obliged to plan for the rehabilitation of water bodies. in the river and on the banks, the natural habitats and the original
river course should be maintained and restored as far as possible.
In many places, there is too little space available for bodies of The Rhine Protection Convention also envisages ecologically sus-
water because of existing buildings and facilities, or due to tainable flood prevention. A secondary but very attractive aim of
intensived farming. Since 2011, the WPA therefore requires the Convention is to reintroduce salmon into the Rhine.
the cantons to define the amount of space needed by surface
waters so that they once again have enough room to fulfil
their natural functions, while at the same time ensuring flood
protection and the use of water.
A barrage on the Limmat by the power station at Dietikon ZH In the floodplain forest of the Old Aare river
> Protecting biodiversity and landscape

The Swiss landscape has changed radically over the past hundred years due to the spread of residential
housing and to the construction of infrastructure, in particular for transport and energy production
and transmission, and as a result of developments in agriculture – including the intensification and
abandonment of cultivation. Not only has the appearance of the landscape changed, there are now
fewer habitats for plants and animals and those remaining are reduced in quality. Both in the Federal
Act on the Protection of Nature and Cultural Heritage (NCHA) and in the Federal Acts on Hunting
(HuntA) and on Fishing (FishA), the protection and preservation of these habitats are central issues.
Over the past century, numerous animal and plant species

have become extinct or much rarer, and this is also the case in International responsibility for biological diversity
Switzerland. Experience has shown that we can only protect The term “biodiversity” relates to all aspects of diversity
and preserve species if the habitats which provide their food in the living world and includes the diversity of ecosystems, the diver-
and reproduction sites continue to exist. The NCHA therefore sity of species and genetic diversity, as well as their interaction.
requires that we try to prevent the extinction of indigenous The use of biodiversity must be sustainable so that ecosystems are
animal and plant species by maintaining adequately large and preserved and they can continue to provide services, and so that
connected habitats (biotopes). Riversides, reedbeds and marsh- species and genetic diversity are maintained. Local, regional and
lands, hedges, copses, rare forest communities and dried global dimensions play a role in this. What we do in Switzerland has
grasslands which provide particularly favourable conditions an effect not only on indigenous biodiversity, but also on global
for animal and plant communities are of particular interest. biodiversity – whether it is the consumption of commodities or
No-hunting zones, water and migratory bird reservations, wa- the consumption of agricultural goods such as meat, exotic fruits,
terside vegetation and forest reserves are further habitats cut flowers or above all feedstuffs for farm animals. Preserving bio-
which enjoy special conservation status, as do the so-called diversity therefore requires us to act on an international level.
“Emerald sites” (cf. box on right). This is the goal of the Biodiversity Convention, approved in 1992 at
the World Summit for Environment and Development in Rio de Janeiro.
More than 190 countries have ratified the Convention in the meantime.
Nature conservation – Europe-wide
With the “Convention on the Conservation of European Wildlife and

Natural Habitats”, the countries in Europe hope to protect valuable
habitats and endangered animal and plant species throughout the
continent. In 1979 the Bern Convention was signed in Bern City Hall
and it has been ratified by 44 countries, as well as the EU. It protects
around 600 plant species, 111 mammals, 363 birds and numerous
other animal species. The aim of “Emerald sites” is to provide a
network of valuable habitats for endangered species in Europe.
In Switzerland 37 such sites have been proposed. At a regional
level, the Bern Convention implements many of the goals which
were adopted at a global level in the Biodiversity Convention of 1992.
The Common Blue butterfly, an inhabitant of low-nutrient meadows

Habitats of national importance which, for example, rare orchids thrive and a wide range of
The Confederation has the task of designating habitats of na- insects such as butterflies and grasshoppers live. The inven-
tional importance. Sites such as raised bogs and fenland, tory lists around 3000 sites with a total area of around 21,400
floodplains, amphibian breeding grounds and dry grasslands hectares. There are wide swathes of dry grasslands near Sent
and meadows are listed in federal inventories. The cantons are in the Lower Engadin, for example, where valuable habitats
responsible for protecting and maintaining these inventoried stretch over hundreds of hectares along the southern side of
sites. They are also responsible for protecting and maintaining the valley.
biotopes of regional and local importance. Furthermore they
must ensure that an ecological balance is maintained both in- Protecting ibex, lynx, wolf & co.
side and outside of residential areas, for example by establish- Wild animals and plants are best protected by protecting their
ing copses, hedges and other forms of natural vegetation. habitats. However, the NCHA, Hunting Act (HuntA) and
Fishing Act (FishA) also include specific regulations for pro-
Valuable dry grasslands tecting individual animal and plant species, such as the
The Federal Inventory of Dry Grasslands and Meadows of possibility of introducing bans on picking rare plants or catch-
National Importance aims to protect nutrient-poor habitats in ing certain species of fish. The HuntA places under general
Regulatory fields covered by the

FishA, the HuntA and the NCHA
p es
nd sca i mp o r t a n c e
M i r e l a e s o f na ti on a l Superordinate regulations
– iotop
B s o f r eg i on a l a n d l o c al i mp o r t a –M
o f – i o t o pe nce ire
sa Ri g
es – B h Implementation guarantees
p B a nd
a sic pr
to
sc i n ri p
– c a
fa
d e R equi r i ple
n nc
ns
– Sp e c i e me nt o s
pp
rta
r ia
a ti t an f l a
sio
ea
po al c o
nv
o f f e d e n s i d f pr es
o f n po r y o
ovi
nt
on ce
l fo
eg
im
me
r ks i m t o r
l pr
r a l t era er v
ro
eta
e
al
a sk t i o a t
– Pa o na l ven
c
fn or
in a
rg a
s ni i
ti on
na ti l i n
s n
Cr i m
on h e f u
nis a
e
– Su ci a l i s c omm f or e
a
es S p e c i es
v i si ge t e
a n l f i lm
t
d er
and
pe r t a i t
tio n
d c en
sp o t i o n
i
y
on n c
e co
– Fe
i t
are t
i l
s and
sys
b
– R e an i s a
ral Heritage A
– A d n si
lt u
y
u
r
C c
tem
o
d t
ap
Org
an
a uth o r i
i
– P rote n d c r u st a c e a n s of fis h a nd
s
ds c
e
– Provi
)
– Sp
(NC re
if sh a
L an
HA
u
Nat
t ie s
ction f or ha bitats
sio n o n t h e pr o t e c ti o
(Fis h A)
Fis hin g A ct
a ni m als
Species/Ecosystems/
g pla and anim als
Landschaften
nts and
ent nd
– In
s
aym e a
Hu
a bli p l a nt
s
n an
f or m
(H u n ti n g A c t
y p ta nc
ntA)
d us
shin
a ti
est are
tor ssis
on
crus
or ct r
dv
eo
,a
ial
a
ic e
nc nsa
tac
n f ote
f
an d in a
– F o mpe
ean
tio p r
train
ing
isa to
c
s
or ures
ea h
s
– M Aut
– –
– P Hu nta
– W rotec ble s p e es
zon
a te ted m cies a n d
r an clos e s ea s o ns u n t in g ce
n
d m a m m als an d bi h
– N o - in g li c e
ig ra to rds t
r y b ird r e se tio ns
r va – Hun Curved lines:
Non-field-dependent regulations
E x p r o p ri a t i o n
Straight lines:
The mire landscape at Rothenturm SZ
protection all birds, predators and some other animal groups

which may not explicitly be hunted, in particular larger preda- Landscape is all
tors such as the lynx, bear and wolf. The Council of Europe’s Landscape Convention aims to
encourage authorities to actively and consciously manage the land-
Protecting Swiss landscapes scape, from conservation through protection and improvement to
Landscapes are of immense value in many respects – ecologi- sustainable use. The Convention understands landscape to be our
cally as a place where natural resources and habitats can re- spatial environment as perceived by residents and visitors. It is
generate, economically for tourism and in attracting business, the result of the effects of nature and humans and changes over
and geographically as an expression of our versatile cultural time. The Convention therefore applies not only to exceptional,
heritage or as an important element in our identity. Care of the wild or unspoiled landscapes, but also to those which are everyday,
landscape is a key objective of the Spatial Planning Act (SPA). urban or spoilt. The Convention came into force on 1 March 2004.
The NCHA requires the Confederation to take account of the Switzerland is the thirtieth state to ratify the Convention, it having
specific nature of different landscapes in fulfilling its duties. been approved by the Swiss Parliament in autumn 2012.
Landscapes of national importance – such as the Lavaux vine-
yards on Lake Geneva – are listed in a federal inventory.
The landscapes listed in this inventory are to be kept intact or
conserved as far as possible. Almost absolute protection is en-
joyed by 89 wetlands of outstanding beauty and national im-
portance.
Finally, the Parks of National Importance also serve to pre-

serve areas and landscapes of particular natural value. Where-
as the main aim of a national park is to provide unspoiled
habitats for flora and fauna, regional nature parks also serve to
strengthen a sustainable regional economy whilst nature dis-
covery parks - near to urban areas - provide an opportunity for
people to experience nature and learn about the environment.
> Controlled handling of organisms

Biotechnology is increasingly being employed worldwide in areas such as agriculture, medicine or
the food industry. However, if genetically modifi ed, pathogenic or alien organisms enter the envi-
ronment unchecked, they may endanger people, animals, plants or other organisms. The Environ-
mental Protection Act (EPA) and the Gene Technology Act (GTA) provide for the safe handling of
these organisms.
Safety in contained systems in enclosed spaces or laboratories. A licence from the federal
Organisms are characterised by the fact that they are able to government must be obtained before field trials with such or-
reproduce and pass on genetic material. This is true both of ganisms can take place or before such organisms can be
naturally occurring organisms and genetically modified ones. placed on the market for the first time. It must be demon-
When dealing with organisms, the principle applies that peo- strated that no harm will be done to humans or the environ-
ple and the environment may not be endangered and biodiver- ment before a licence can be granted. Since 2005 there has
sity may not be compromised. People who work with patho- been a moratorium on the cultivation of genetically modified
genic or genetically modified organisms must therefore work plants in agriculture.

C r imi nal p ro vi s i on s EPA and the GTA
, i n pa r t icul ar pa
rg an i s m s tho g e
nd l i ng o nic Superordinate regulations
o r ha a nd
n ts f al i e
no
e me r ga Implementation guarantees
q uir d l i ng i
n c o nt a in e d s ys t e
ms n
Han
i sm
e
–R
Or ga Curved lines:
– Re sp n i s a t i o Non-field-dependent regulations
– E x p e o ns i b n
l es n l e – r
Supe t com ity f
il
io inci p Straight lines:
– Du lf-regu incip
p r rvis m
or es onitor
e ys
– Po ty of c lat
ion Field-dependent regulations

– Se sic pr
pa
en 2
llut ar
it te d m
al Protection
fo rc
t
an
n
er
me A
Ba
eme
ct
ron
(EP
nt
Envi
A)
ing
Organisms1
– Step
– Risk
– R e po
P r e c -ste tio
ty
Ri g h t of
Ge
)
TA
ig ni
-by ina n
aut p
e
dete and l
rting
(G
n
Te c t
n olo g y A c
ion p
gs the d
h
r m
s
appe
r
n oce ic s fo
r
t)
Han
E t h p e ct ein
ice
rk e
sin and dure

al fo
ility
s b
– R e livi n g
dlin
ma
g r ass
e qu e s s m
lia b
f
gi
r or
o
he
th e irem ent nt
n
ents go
blic
gan
en i n
viro c
Pu
pla
isa
–P R
ro nme
and er
s
eq tec
–
nt (Ex
tio
t p e ri m e n t al r e l e a s e s um
uir ion
ns
s
em of con
an
au en O G for
d
tho ts f M -f i c e
or h ree p o
riti and ro of c h
es li n g g d u c ti o n a n d f r e e d o m a ni s m s 1) Not including forests and protected species
enetically modified or g (cf. p. 23 and 28)
2) Federal Ethics Committee on Non-Human
Biotechnology (ECNH),
Swiss Expert Committee for Biosafety (SECB)
Measures against harmful organisms

Damage to the environment, particularly to biodiversity, Safe use worldwide
can also be caused by alien plant and animal species that are The Cartagena Protocol is designed to ensure the safe
either brought in or legally imported and do not come into transport and use of living organisms modified with the aid of
contact with natural enemies in their host country. The Hima- modern biotechnology.
layan Balsam, for example, was originally imported as an or-
namental and fodder plant. It is now increasingly suppressing
native species and increasing erosion, especially on the banks
of rivers. Environmental and genetic engineering legislation
gives the federal and cantonal authorities the opportunity to
take special action against harmful organisms that spread in
the environment.
Research laboratory in the pharmaceutical industry
The Asian Long-horned Beetle – a threat to Swiss forests Genetically engineered wheat in a greenhouse
> Protection against natural hazards

Floods, avalanches, landslides and rockfalls frequently occur in Switzerland, and they are often of con-
siderable magnitude. The Hydraulic Engineering Act (HEA) and the Forest Act (ForA) regulate how
to organise protection against these natural hazards.
Recognising hazards hazard maps, they can call on expert and financial support
If we want to protect ourselves from natural hazards or prevent from the Confederation. The various measures are designed to
them completely, we need to identify them early on. It is there- protect people and valuable property. The best way to do this
fore the task of the cantons to draw up natural hazard maps is to use space appropriately. Spatial planning has therefore to
which show the areas most at threat from certain natural haz- ensure that no buildings or infrastructure are constructed in
ards. The information in the natural hazard maps is used in fur- areas which are prone to natural hazards. However, in Swit-
ther planning instruments, in the cantons’ structure plans and in zerland a large number of such areas are already built over, so
the communes’ land use planning. Early warning systems de- constructions such as embankments, levees and watercourse
veloped and operated by the cantons alert the public to the corrections are necessary. These must meet certain ecological
threat of natural hazards such as avalanches, landslides and requirements and any negative effects on the environment
flooding. The public can then be evacuated from the hazard area must be kept to a minimum. Protective forests are also a
in time and if necessary precautionary measures can be taken. means of protection against avalanches, rockfalls and land-
slides. Protective structures and protective forests must be
Preventing disaster well maintained at all times so that they can fulfil their protec-
Protecting against natural hazards is the task of the cantons. tive function.
In constructing protective structures and drawing up natural

E xp r o pr i a t i o n
HEA and the ForA
a pa ci t y a nd o f t he n a t u r
rr y in g c al c Superordinate regulations
ou r
r-ca se
at e Or ga ni s a t of
fw le – E n f o r c em
i on bo
no eo p r t y – Supervis nt pow
e d Implementation guarantees
f p p r o pe
tio
ie s
o i on er s
va
n l e
of
o ab
s er
wa
u
va i
an d o t e c t
ngineering Ac
C on
Curved lines:
l
lic E
t er
au t (H
Pr
r Non-field-dependent regulations
Prin tural haz ing servic
E
– N Early w
yd
–
A)
a
H
ciple ard maps
Straight lines:
s, including:
arn
C o m p e nsator y pay
Protection against
natural hazards
es
me
tur es:
nts
uc asur
es
For
est A ct (F or A)
e
m
Sp al r
m e a ti a l p u c t u r e st
as u la n n in g r
S t e cti v
res Prot
M ain ts
te na nc ores
e of p ro t e c tiv e f
E x p r op ria ti o n
> The challenge of climate protection

Over the past 100 years the average global surface air temperature has increased by 0.74 ºC. By joining
forces we can successfully limit a further rise in temperature. In Switzerland the CO2 Act is a key instru-
ment in a sustainable climate policy.
Man-made climate change is due to various greenhouse gases CO 2 incentive levy on fossil fuels
which intensify the atmosphere’s natural greenhouse effect. One of the most important measures is the CO2 levy charged
Under the revised CO2 Act, which was passed by the Swiss on fossil fuels. This amounts to CHF 36 per tonne of CO2 and
parliament in December 2011, Switzerland’s domestic CO2 will be increased incrementally up to CHF 120, in as far as
emissions must be at least 20 per cent lower than 1990 levels this is necessary in order to reach the targets set. Most of the
by 2020. They can be reduced mainly in the areas of traffic, revenue from this levy is redistributed to the public and indus-
buildings and industry, for which specific reduction targets try. Some of the revenue is used to renovate buildings to meet
are set out in the implementing provisions. new energy standards and some feeds a technology fund.
A d mi n i s t r a Regulatory fields covered by

t iv e s the CO2 Act
anc
t ion
v e levy on fossil combust sa
c en ti . f u nd
In
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Co ower p t y, t r a o
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a ct
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International challenge
The Climate Convention was approved in 1992 at the

Earth Summit in Rio de Janeiro. Since then it has been ratified by
165 states. The Convention aims to prevent dangerous disruption
to the climate system and to stabilise at a safe level greenhouse
gases emissions produced by human activity. The 1997 Kyoto Proto-
col delineated global climate policy and set reduction targets for
industrial countries for the period 2008–2012. The global community
is currently negotiating over a second commitment period.
Measures of the industry

Companies whose industrial processes require large amounts
of energy can gain exemption from the CO2 levy by committing
to reduce their emissions or by taking part in the emissions
trading scheme. Companies which produce large amounts of Low water levels on Lake Constance during the 2003
greenhouse gases must trade in emissions allowances. In re- summer drought
turn, they are automatically exempt from the CO2 levy.
offset in full the greenhouse gas emissions they generate.
Each year, companies which engage in emissions trading At least fifty per cent must be compensated in schemes in
must submit emissions allowances according to the amount of Switzerland.
greenhouse gases they produce. They receive some of these
allowances free of charge; if a company does not have enough Target values for cars
allowances to cover its emissions, it must buy more at auction In the transport sector, the car industry is required to reduce
or acquire them from other companies. the CO2 emissions of newly licensed cars to an average of
130 g CO2 per kilometre by 2015. In addition, importers
Operators of oil- or gas-fired power plants are also automati- of fossil motor fuels must offset a part of the CO2 emissions
cally exempt from the CO2 levy. They are required by law to generated.
Damage caused by Hurricane Sandy in November 2012 Monitoring fire sources in a forest fire area near Visp in 2011
For links to further information relating to this brochure, see:
www.bafu.admin.ch/environmental-law-brief

Swiss Environmental Law: A Brief Guide

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Swiss Environmental Law: A Brief Guide

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> Swiss Environmental Law

Design Aspects of Environmental Law

This publication is also available in German, French and Italian.

Dr. iur. Florian Wild

For links to further information relating to this brochure, see:

> Reflecting environmental awareness

connections to sewage treatment plants. Concerns about the

The battle over the Environmental Protection Act

Forest protection In 1983, the phenomenon of “dying forests” suddenly brought

Waste disposal without environmental damage

Clearing up operations after the chemical accident at Schweizerhalle, Muttenz BL

> Fundamentals of environmental protection

The precautionary principle The polluter pays principle

The cooperation principle

> Environmental protection – a shared task

In federally organised Switzerland, wherever possible state

Decision Parliament Federal Council Confederation Cantons Federal Supervision

Preparation Federal Council

Consultation Cantons Cantons

Legislative process and implementing environmental law in Switzerland

Environmental protection – a global task too

Many environmental problems, such as excessive noise

Environmental problems with a global dimension cannot be overcome

> No authorisation without considering

The authority that grants authorisation for a construction pro-

Spatial planning prevents mistakes

> Various ways of protecting the environment

Using recycled concrete

Affecting people’s wallets Environmental agreements mean that special requirements

> The Environmental Protection Act

General provisions and instruments

Checking the water quality in streams and rivers

Regulatory fields covered by the EPA

Environmental Protection Act

Preventing environmental impact Limiting impact

Areas affected by control

Non-ionising radiation (NIR)

Antennae transmitting mobile telephone signals

Waste and soil Strict requirements for landfill sites

sou ron – Avoi t er o ea

dis tally – Enviro ng waste o ni - n –M

– Poll ng, landfilling) h e er

Where there is a specific risk to the environment, for example

Loading the furnace at a waste incineration plant

Recycling electronic equipment Excavating ground material at a polluted site

A packaging plant in the pharmaceutical industry

> The Forest Act

Regulatory fields covered by the ForA

Forest Act (ForA)1

1) without natural hazards (see p. 33)

special permit is issued for deforestation, trees must be re-

…and for recreation

Sustainable use of forests

> The Waters Protection Act

A rehabilitated section of the River Reppisch ZH

Regulatory fields covered by the WPA

Waters Protection Act

ndw ater reso urces

> Protecting biodiversity and landscape

Over the past century, numerous animal and plant species

Nature conservation – Europe-wide

With the “Convention on the Conservation of European Wildlife and

The Common Blue butterfly, an inhabitant of low-nutrient meadows