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Brandenburg

Brandenburg

Constitution of the Land of Brandenburg (1992)

Section VIII,  Article 39:

“(1) It is the duty of the Land and all persons to protect nature, the environment and the evolved man-made landscape as the basis for present and future life.

(2) Every person shall have the right to the protection of his physical integrity from injury and unreasonable danger arising from changes in the natural foundations of life.

(3) Animals and plants shall be respected as living beings. Species and species-appropriate habitats shall be preserved and protected.

(4) State environmental policy shall work towards the economical use and reuse of raw materials as well as the economical use of energy.

(5) Land, municipalities, associations of municipalities and other corporations under public law shall have a duty to protect the environment from damage or pollution and to ensure that environmental damage is eliminated or offset. Public and private projects shall require proof of their environmental compatibility. Property may be restricted if, contrary to law, the environment is seriously damaged or endangered by its use.

(6) The disposal of waste that is not created within the territory of the Land shall only be permitted in exceptional cases in consideration of the peculiarities of Berlin, and shall be ruled out insofar as its composition poses a specific danger to health or the environment. Details shall be regulated by a law.

(7) The Land, municipalities and associations of municipalities shall be obliged to collect and document information on current and expected pressures on the natural environment; owners and plant operators have a corresponding duty of disclosure. Every person shall have the right to this information, insofar as this does not conflict with overriding public or private interests. Details shall be regulated by a law.

(8) Legal action instituted by an association in the interests of its members or the public good shall be permitted. Recognised environmental associations shall have the right to participate in administrative procedures that affect the natural foundations of life. Details shall be regulated by a law.

(9) The Land shall work towards the aim that no atomic, biological or chemical weapons are developed, produced or stored on its territory.