The Parliament of the Republic of Hungary, recognising that the country's natural heritage forms a specific and irretrievable part of the national wealth, and that its conservation for the present and future generations, the maintenance, management and development of the countryside, the economic and wise use of natural resources, the safeguarding of biodiversity and the establishment of a harmonic relation between man and nature, which is the basic condition for the survival of mankind, all require that provisions for the conservation of nature be made in compliance with our international obligations, adopts the following Act:

The purposes of this Act are-

a) to make provision for the general conservation of natural values and areas, their natural systems and biodiversity as well as for the promotion of their scientific cognition and sustainable use; to meet the society's need for a healthy and aesthetic natural environment;

b) to foster the traditions of nature conservation and improve its achievements; to protect, conserve, maintain and enhance Hungary's natural values and areas.

(1) The provisions of this law shall be observed while-

a) evaluating, safeguarding, maintaining, restoring and developing any natural values or areas;

b) sustaining the functions of and conserving the flora and fauna as well as their habitats, biodiversity, the natural systems and natural resources, in accordance with the international conventions to which the Republic of Hungary has signed;

c) defining the rights and liabilities of the Government, natural or legal persons as well as other organisations in relation to nature conservation.

d) enforcing the interests of nature conservation, and especially during the formation of economic, financial or educational policies or control systems;

e) exercising any registering, preventing, planning, managing, regulatory or authoritative functions in relation to nature conservation;

f) supporting research, demonstrations, and instructional, educational, propagating or scientific activities in relation to nature conservation;

g) determining nature conservation liabilities;

h) establishing and developing the institutional system of nature conservation.

(2) The task of nature conservation is-

a) to identify which natural values and areas deserve strict protection out of geological, hydrological, botanical, zoological, scenic, cultural, historical or any other public interest;

b) to determine the dangers threatening protected natural values or areas;

c) to prevent or avert any damage to protected natural values and areas, and to reduce or to eliminate damage already occurred;

d) to conserve protected natural values and areas for the present and future generations, and, if necessary, to restore them or ensure their maintenance.

(1) Within this Act shall fall all natural values and areas, all activities connected with them and all tasks of nature conservation resulting from international conventions or cooperation, except if otherwise provided by international conventions.

(2) The provisions of Act No. LIII. of 1995 on the General Environmental Protection Rules (Environmental Law, hereafter E.L.) shall be applied to all issues connected with nature conservation that are not covered by this Act.

For the purposes of this Act:

a) "natural value" means any natural resource (E.L. Article 4 paragraph c/); the flora, the fauna and their abiotic environment indispensable for their survival; any environmental element (E.L. Article 4 paragraph a/) defined as a natural value in this Act (including protected natural values), even if it is not a natural resource;

b) "natural area" means any area primarily characterised by near-natural conditions;

c) "natural conditions" means the conditions of habitats, landscapes and communities whose evolution has either not at all or only insignificantly been influenced by man - with the exception of reconstruction - and, consequently, the processes that take place in them are mostly characterised by self-regulation;

d) "near-natural conditions" means the conditions of habitats, landscapes and communities whose evolution has been slightly influenced by man (creating conditions similar to natural ones), but the processes that take place in them are mostly characterised by self-regulation and they are able to survive without direct human manipulation;

e) "protected natural value" (value subject to nature conservation) means any cave, mineral, mineral association or fossil declared to be protected or strictly protected - given high priority nature conservation status - by this Act or any other provision of law as well as any living organism with a similar status in all stages and periods of development, its derivatives and communities;

f) "living organisms" means the species, subspecies and varieties (hereafter referred to jointly as species) of micro-organisms, fungi, plants and animals;

g) "protected natural area" means any area declared to be protected or strictly protected (given high priority nature conservation status) by this Act or any other provision of law;

h) "habitat" means a confinable unit of space where a certain living organism, its population or a community of organisms occur within a natural system, and where all environmental conditions necessary for their evolution, survival and multiplication are provided;

i) "biodiversity" means the multiformity of the flora and fauna, including the genetical (introspecific) diversity and the multiformity of the various species, their communities and that of the natural systems;

j) "natural (ecological) system" means a dynamically changing and natural unit of living organisms, their communities and abiotic environment;

k) "community" means an organised unit of the flora and fauna in which the populations of different living organisms coexist in a defined habitat with a characteristic pattern of interrelations;

l) "sustainable use" means the use of nature's elements in a manner and at a rate that does not exhaust their regenerative abilities or lead to a decrease in natural resources and biological diversity, thereby maintaining their inherent potential for satisfying the demands and needs of present and future generations.

m) "nature-friendly management" (as an inherent part of sustainable use) refers to processes, methods, types of cultivation, technologies, or other forms of conduct in connection with nature that influence natural resources, natural areas and biodiversity to such an extent that their natural or near-natural state is sustained.

(1) It is the obligation of every natural or legal person as well as other organisations to protect nature. In order to do so, they are obliged to co-operate to a reasonable extent in preventing dangerous situations and damage, alleviating any such damage, eliminating the consequences of any such damage, and restoring the conditions that existed prior to the damage.

(2) Natural values and areas may only be exploited to such extent that their biodiversity, the proper functioning of their essential natural systems and the processes of these systems be maintained;

(3) The interests of nature conservation shall be taken into consideration during national economy planning and regulation, in the course of any economic, land and settlement development as well as land-use planning and also while taking authoritative measures.

(4) In the interest of nature conservation, the Republic of Hungary shall co-operate with other governments and international organisations and participate in international nature conservation conventions. The Republic of Hungary shall take into account nature conservation interests of other governments even where such conventions do not apply.

(1) "Landscape" means a confinable part of Earth's surface with a particular structure and characteristics, specific natural values and natural systems combined with the characteristic features of human culture, where the forces of nature and the artificial (man-made) environmental elements coexist and interact.

(2) The natural or near-natural state of landscapes shall be preserved while utilising landscapes and natural values; moreover, provision shall be made for the maintenance of natural values, natural systems and unique landscape features which determine the character and aesthetic endowments of landscapes.

(3) "Unique landscape feature" means a natural value or natural formation characteristic to a particular landscape or a man-made yet inherent element of the landscape which has natural, historical, cultural, scientific or aesthetic significance for society.

(4) The determination and registration of unique landscape features shall be the task of the regional administrative bodies of nature conservation (National Park Directorates or Nature Conservation Directorates, hereafter jointly Directorates).

(5) The regional plan shall contain an inventory of the unique landscape features.

(1) During the use and development of natural areas, it shall be ensured (taking account of traditional land use techniques) that the character of the landscape, its aesthetic and natural values as well as its characteristic natural systems and unique features are conserved.

(2) In order to conserve the character of the landscape, the natural values, unique landscape features and aesthetic endowments:

a) provision shall be made for the integration into the landscape of new facilities (buildings, structures, installations and linear structures (roads, railways, telegraph wires, etc.)) on exterior areas of settlements, in order to harmonise them functionally and aesthetically with natural values and the artificial environment;

b) provision shall be made for the determination of the new function of facilities, buildings, structures, installations and linear structures permanently withdrawn from use; in the event of a lack of such determination, provision shall be made for their liquidation, demolition or for the restoration of the territory in question in accordance with the character of the landscape;

c) in the course of regional as well as settlement planning and development, and especially in land utilisation, parcelling out, construction or land use, special attention shall be paid to the conservation of natural values, natural systems, unique landscape features and the scenery;

d) change in the use of land shall only be permitted considering the natural values, the character and structure of the landscape created by the traditional, nature-friendly land use techniques;

e) it shall be ensured that the location, size, shape, function and number of the facilities, buildings, structures and installations related to agriculture are adapted to the character of the landscape;

f) superficial damage to the landscape shall be restored in compliance with the character of the landscape;

g) motorways and other linear structures which cross the known migration routes of wild animals shall be constructed so that the safe passage of wild animals be ensured at convenient intervals;

h) the maintenance of characteristic landscape elements shall be ensured.

(3) exterior areas of settlements and especially natural areas may only be reclassified as interior areas of settlements only if it does not result in an irretrievable damage to the character, aesthetic or natural value of the landscape.

(4) In order to enforce the provisions for landscape protection, the Directorate shall co-operate act as a co-operating authority in all procedures in relation to unique landscape features as well as to the activities specified in paragraph (2) and determined by a Government Decree.

(1) The conservation of wild organisms, their populations and communities shall be ensured together with the protection of their habitats.

(2) "Native organism" means any wild creature which lived or still lives in the natural geographical region of the Carpathian Basin in the last two thousand years - and not as a result of introduction (be it intentional or not).

(3) "Introduced organism" means any organism which has become part of Hungary's flora or fauna due to man's intentional or unintentional introduction.

(4) "Harmful introduced species" means any living organism which does not qualify as native from the phytogeographical or zoogeographical point of view, and in case it establishes and adapts itself, it may be capable of modifying the natural processes of the Hungarian wildlife communities unfavourably for the native species.

(5) "Resettling species" means any native living species which once became extinct in Hungary, but by ways of natural range expansion reappears in the Hungarian flora or fauna.

(6) The provisions made for wild organisms apply to each individual of the species in every stage of development, and to every form, state or part of individual specimens.

(1) Any economic, management or commercial activities which involve the utilisation and burdening of wild organisms shall be exercised so that biodiversity and the ability of natural values and systems to function properly be maintained.

(2) It shall be prohibited to collect or destroy wild organisms, to capture or destroy wild animals with such techniques or instruments which involve torturing, indiscriminate or mass destruction or cause injury.

(3) It shall be prohibited to modify artificially the genetic material of wild organisms, distribute the individual so produced or or transfer it intentionally to another wildlife community.

(4) The introduction of any new organism (new to Hungary from a phytogeographical or zoogeographical aspect) may only be authorised if this colonisation does not harm natural processes within Hungary's communities for the disadvantage of native species.

(5) The provisions made under paragraphs (1)-(3) above do not apply to the regulation (defined in a separate provision of law) of the populations of living organisms carried out in the interest of human health care, or the protection of cultivated plants or livestock. Neither do they apply to the normal agricultural management of living organisms.

(6) The production of genetically modified organisms which influence biodiversity, the experiments carried out with them, their breeding, distribution, exportation and importation shall be exercised by the conditions and methods laid down in a separate provision of law and in compliance with the provisions of this law.

(1) Wild organisms shall be exported, imported, transported through the country, propagated within artificial conditions, kept, bred routinely, hybridised, released into nature or marketed by the conditions and methods laid down in Government Decrees.

(2) Any new technique serving the purpose of decreasing the population of a wild organism shall only be introduced in pursuance of a consent granted by the Ministry for Environment and Regional Policy (hereafter the Ministry).

(1) It shall be ensured in the course of game management, hunting, fishing and angling that the interests of nature conservation are enforced and sustainable use is practised (which means the maintenance of wild game animal and coarse fish species, based on biodiversity).

(2) The hunting of game animals and the fishing (angling) of course fish species shall not be of such extent as to threaten the survival or the diversity of the natural population of the species.

(3) The minister responsible for forest and game management, fishing and agriculture (hereafter: the Minister of Agriculture) and the minister responsible for environment and regional policy (hereafter the Minister) shall by Joint Decree provide for the range of species whose fishing (or angling) is prohibited, for prohibitions as regards fishing (or angling) and for the close seasons of the different species.

(4) The provisions of the Act on Game Protection and Game Management shall be pursued while determining the range of game species, and the time of open and close seasons.

(1) If in any territory the population of game animal or coarse fish species becomes endangered by hunting, fishing (angling) or any other factor, the Directorate may initiate, at the authorities responsible for hunting (fishing), an order on the restriction or prohibition of hunting or fishing (angling).

(2) In the event of the over-population of game animal or course fish species, or in order to liquidate non-native or non-naturalised species (which are alien to the Hungarian fauna) the Directorate may initiate, at the authorities responsible for hunting (fishing), an order of population control or liquidation.

(1) If the methods of management, and especially game management, hunting, fishing or angling used in natural areas seriously offend or threaten the interests of nature conservation, the Directorate shall initiate the restriction or prohibition of the activities in question.

(2) In order to introduce a non-native wild animal species which is not by declaration a game species or to reintroduce a wild animal species it is necessary to hold an authorisation of the Minister (which is granted with the approval of the Minister of Agriculture).

(3) The authority responsible for hunting may oblige game-licence holders to reduce or liquidate the populations of harmful introduced wild animals by hunting techniques.

(4) With the exception specified under paragraph (2) above, in order to introduce any non-native living organism or to reintroduce any living organism it is necessary to hold an authorisation of the Minister (which is granted with the approval of the Minister of Agriculture).

It shall be prohibited to introduce non-native fish species into natural or near-natural waters, or to transfer such species from fish farms into any other wetland.

(1) The following types of areas qualify as natural areas if they meet the conditions specified under Article 4 paragraph d) above

(a) arable land used as forest, grassland or reed bed;

(b) land withdrawn from cultivation, except if facilities are to be sited on it or if it is exploited as a mine when this Act comes into force on the basis of a validly approved technical mining working plan;

(c) land unsuitable for agricultural or forest use.

(2) The Minister and the Minister of Agriculture shall, when they think fit, but not later than 2 years after this Act comes into force, announce by Joint Decree the register of natural areas subject to paragraph (1) above.

(1) In the course of agricultural, forest, reed, fish farm and game management (hereafter management), it shall be ensured that sustainable use is practised, which includes long-term orientation, application of nature-friendly techniques and the protection of biodiversity.

(2) Management shall be exercised without causing permanent damage to the soil, the superficial or subsurface geomorphological values or the natural flora and fauna, destroying the protected living organisms or communities, or considerably decreasing their biodiversity.

(3) Wherever the habitat conditions make it possible, afforestation shall be exercised primarily with native tree species, in a natural species composition and using nature-friendly techniques.

(4) Grassland management shall be exercised primarily by grazing and/or cutting regimes adjusted to the type of grassland, and by a moderate, nature-friendly use of chemicals.

(5) The natural or near-natural shoreline of watercourses and lakes shall be conserved as wetland habitats. In the course of constructing waterworks, nature-friendly methods shall take priority.

(1) Subject to Article 8 paragraph (1) above, all activities shall be exercised with due regard to preserving natural values and areas and to the protection of the habitats of wild organisms and their biodiversity.

(2) In the course of using natural areas, special attention shall be paid to the habitat type, the diversity of characteristic wild organisms and the maintenance of biodiversity.

(3) Waters, reed beds and other wetland habitats in a natural or near-natural state as well as the natural vegetation of lands whose low fertility is unfavourable for cultivation shall be preserved in the course of the following activities: using arable land, using and employing land unsuitable for cultivation, planning and executing amelioration, exercising any other agricultural activities, water management and water regulation.

(3) Experimental, temporary or final authorisation of the marketing or application of plant protecting agents, bioregulators and other pesticides as well as chemicals that favourably influence the soil's fertility shall be granted by the conditions laid down in another provision of law; the approval of the Ministry is necessary for such an authorisation.

(4) In natural areas, chemicals that favourably influence the soil's fertility may only be used in justified cases - subject to another provision of law - based on the results of soil tests and in a nature-friendly manner.

(5) In natural areas, in order to protect natural values and biodiversity, the Directorate may - by the provisions of a separate law - initiate the restriction or prohibition of the application of certain plant protecting agents and chemicals that favourably influence the soil's fertility.

(1) In natural or near-natural wetland habitats, the water reserve ecologically necessary for the subsistence of natural values as well as for the conservation and maintenance of natural systems shall not be artificially abstracted.

(2) The volume of this ecological water reserve shall be determined by the Water Directorate, assisted by the Directorate as a professional authority. The Directorate may also initiate the determination of the volume of the ecological water reserve.

(3) In natural areas - with the exception of the populated interior area of settlements - it is prohibited to locate new buildings or any artificial facilities within 50 metres of the shoreline of natural or near-natural watercourses and wetlands, within 100 metres of the shoreline of lakes and ponds and in the flood-plain of watercourses. Any construction in water, the construction of facilities which serve shipping and the construction of fishing facilities at fish farms shall take place with the approval of the Directorate (Article 21 paragraph (3) section b) below), in such manner and in such cases as specified by another provision of law.

(4) It shall be prohibited to release or deposit - with the exception of chemicals used to prevent damages caused by flood - chemicals and plant protecting agents dangerous to water and aquatic organisms and specified in another provision of law within 1 000 metres of the shoreline of natural and near-natural watercourses and wetlands.

(1) The protection of geological values helps preserve the landscape, the non-living and non-regenerating natural resources. The general protection of geological values covers geological and geomorphological formations, minerals, mineral associations and fossils.

(2) It shall be ensured during the planning and execution of any activity aiming to utilise natural values, and especially during installation, building and construction, that geological values and the registered mineral assets are damaged to the least possible extent.

(3) It shall be prohibited to pollute or unlawfully modify the condition of karst rocks or karst water of uncovered karst surfaces. The Minister shall, within 3 years of the date of this Act coming into force, publish the register of uncovered karst surfaces. This inventory is only a reference work, and does not concern the protections and restrictions provided by this Act and other provisions of law.

(4) It shall be prohibited to unlawfully harm the minerals, mineral associations and fossils.

(1) Mining activities shall burden natural areas to the least possible extent. Continuous efforts shall be made to restore the damaged surface of abandoned mining areas and - where it is possible - to re-establish near-natural conditions.

(2) In order to preserve natural values discovered in the course of mining activities, the Mining Authority may - at the initiative of the Directorate - restrict or prohibit the mining activities; or the Mining Authority may also modify the mining area.

(3) The Minister shall co-operate in designating mining concession areas and in specifying the conditions of the concession contracts as regards nature conservation and landscape protection. Should the circumstances relevant at the time of drawing up the contract change significantly, the Directorate may initiate the variation of the contract out of nature conservation and landscape protection reasons.

(1) In natural areas, the authorisation of the Directorate shall be required for-

a) the changing of the type of cultivation of grasslands and reeds;

b) the burning of grasslands, reeds or any other aquatic vegetation;

(2) In natural areas, the approval of the Directorate (acting as the co-operating authority) shall be required for-

a) using arable land for other purposes than cultivation; re-utilising land withdrawn from cultivation;

b) conducting geological research, establishing mining scapes and approving technical mining plans for the following activities: researching, exploring and exploiting or suspending the exploitation of mineral resources, and closing mines as well as restoring the landscape after mining,

c) approving the working plans of fisheries.

(3) In natural and near-natural areas, the authorisation of the Directorate as the co-operating authority shall be required for-

a) modifying wetland habitats, and especially the shorelines of watercourses and lakes, or the conditions of natural waterside communities (plant associations);

b) reconstructing or transforming existing buildings, structures or facilities as well as for locating and constructing any water facility, port or facility serving fishing within 50 metres of the shoreline of watercourses and wetland habitats, or within 100 metres of the shoreline of lakes.

(4) The consent of the Minister shall be required for approving those parts of district game management plans which effect natural areas.

(5) Further provisions - in addition to the provisions under Articles 6-21 - apply to natural values and natural areas under special protection.

In order to ensure special protection, protected status shall be granted to

a) any organism living in the wild, its communities and habitats;

b) ancient Hungarian animal breeds and plant varieties;

c) natural or near-natural landscapes or parts of landscapes;

d) plantations, and especially parks, arboretums, historical and botanical gardens as well as individual plants or groups of plants;

e) live animal collections;

f) geological formations and key sections, minerals, mineral associations and fossils;

g) important places of occurrence of protected minerals or fossils;

h) superficial or geomorphological formations and the ground surface above caves;

i) standing and flowing waters, and especially lakes, streams and marshes;

j) typical and rare soil profiles;

k) cultural and historical memorials pertaining to nature;

which deserve such protection out of scientific, cultural, aesthetic, educational, economic or other public interest or in order to preserve biodiversity.

(1) Natural values and areas shall receive special protection by the declaration of protected status.

(2) By virtue of this law, all springs, bogs, caves, sink-holes of sinking streams, salt lakes tumuli and earthen fortifications are protected. The natural areas declared protected under this paragraph qualify as protected areas of national importance (Article 24 paragraph (1) below).

(3) For the purposes of paragraph (2):

a) ''cave'' means any natural cavity in the Earth's crust where the longitudinal axis exceeds 2 metres and the current volume or the volume after extracting the natural speleothem (cave fill) is large enough for a person to enter;

b) "spring" means any natural issue of water from the earth provided that its discharge exceeds 5 l/min, even if it becomes temporarily dry.

c) "permanent or temporary sink-hole" means any cleft in karst which conducts a permanent or temporary watercourse underground.

(4) The Minister shall, within 3 years of the date of this Act coming into force, publish the register of bogs, salt lakes, tumuli and earthworks subject to paragraph (2) above, and revise it annually. The inventory is only a reference work, and does not concern the protection provided under paragraph (2) above, which comes into force when this Act is enacted.

(5) In case the protection of a natural value or natural area can only be ensured by taking special measures, the natural value or natural area in question shall be declared strictly protected.

(1) Natural areas (subject to Article 15 paragraph (1) above), and other areas deserving protection on the basis of Article 22 above shall be declared protected by decree

a) of the Minister, in case the area is of national importance

b) of the Municipality (in Budapest, of the Municipality of the Capital), in case the area is of local importance.

(2) The Minister may by Decree declare natural values (e. g. wild organisms or communities) protected or strictly protected or he may declare natural areas strictly protected.

(3) The provision of law declaring protected status shall contain

a) the declaration of protected status and the names of the natural values,

b) in the case of areas, their character, extension, the reason of granting protection, the goals of nature conservation there, the parcel numbers of the cadastral survey, the contingent exemption from certain restrictions or prohibitions laid down in this Act, the range of activities requiring the authorisation or the approval of the Directorate and not regulated under Article 21 above or Articles 38-39 below, and possibly the co-ordinates of the angle points of the parcels.

(4) The protection or strict protection of any natural value or area shall be lifted, if the reason for nature conservation ceases to exist. The provisions for declaring protected status shall be appropriately applied during the process of lifting the protection; the opinion of the Directorate shall be obtained in order to lift the protection of locally protected areas.

(1) Any person may propose the declaration of protected status. The preparations for declaring protected status shall be started ex officio.

(2) The Directorate shall prepare the declaration of protected areas - except for protected areas of local importance. In the course of preparing protected areas of local importance, the local Clerk or Chief Clerk of the Municipality (hereafter jointly Clerk) in charge of the process shall forward the documents justifying the protection of the area to the Directorate; he shall also apply to the Directorate for a statement whether it is intended to propose the area to protected status of national importance.

(3) The Directorate shall make its statement (see paragraph (2) above) - based on the views of the Ministry - within 60 days. Should the area's protected status of national importance be justified, the Directorate shall proceed with the preparations ex officio.

(4) The declaration of protected or strictly protected status of natural values shall be prepared by the Ministry.

(5) In the course of the preparations regulated under paragraphs (2)-(4), the following aspects shall be examined: the justifiability of declaring protected status, the measures necessary to realise the goals of protection, the possibilities of ensuring financial and other conditions of the protection and the prospective results of the protection.

(6) The person in charge of the preparations for declaring the protected status of a natural area - in order to learn and approach the views of the parties concerned - shall appoint a date during the preparations for a co-ordinating discussion and, if necessary, for a visit to the scene to which he shall invite - at least 15 days before the appointed date - the proposer mentioned under paragraph (1) above, all authorities concerned, and all parties on whom the declaration of protected status confers rights or liabilities as well as all parties whose rightful interests are concerned by the declaration of protected status. Should the parties concerned be numerous, the invitation may be offered by placing an announcement on the notice-board of the Municipality, or otherwise according to the local customs.

(7) The person in charge of the preparations shall draw up minutes of the co-ordinating discussion and make a summary which he shall submit attached to the proposal for declaring protected status to the authority entitled to declare protected status.

(8) In the course of granting protection of national importance to a protected area of local importance the provisions under paragraphs (6)-(7) shall only be applied in case the prescriptions for protection lay down stricter regulations than the provisions of this Act or the former Municipal Decree.

(9) Municipality Decrees subject to Article 24 paragraph (1) above shall ensure, by applying the provisions for exemptions under Article 24 paragraph (3) section b), the continuation of activities of public interest to the extent necessary in order to accomplish the public purposes.

(1) The nature conservation authority shall mark protected natural areas with signs, announcing the protected status and drawing attention to the main restrictions.

(2) The protected or strictly protected status of an area shall be recorded in the land register; should the protection be lifted, the record of protected status shall be cancelled. The recording and cancelling shall be initiated by the nature conservation authority ex officio.

(1) In case any area planned to receive protected status is in danger of serious damage, the nature conservation authority may - having consulted the authorities concerned - on one occasion by an immediately enforceable resolution declare the area temporarily protected. The nature conservation authority may by the resolution impose liabilities in relation to the management of the area and the conservation of natural values and restrict, suspend or even prohibit any hazardous activities.

(2) Temporary protection may be maintained until the provision of law declaring permanent protection comes into force, but not longer than 2 months. In case the area is planned to receive protected status of national importance, the Minister may on one occasion prolong the temporary protection declared by virtue of paragraph (1) above, provided that the Ministerial Decree on declaring protected status is pending.

(3) Should any area serve temporarily as the habitat of strictly protected living organisms whose protection cannot be ensured otherwise, the Directorate may - having consulted the authorities concerned - by an immediately enforceable resolution declare the area or part of it protected for a maximum of 3 months.

(1) Protected natural areas may - according to the comprehensiveness, objectives, national and international significance of the protection - be categorised as:

a) national parks

b) landscape protection reserves

c) nature conservation areas

d) natural monuments.

(2) National parks are such extensive territories of Hungary whose natural character has not been significantly altered, and whose primary function is to conserve the natural botanical, zoological, geological, hydrological, scenic and cultural historical values of outstanding importance, sustain biodiversity and the sound functioning of natural systems, promote education, scientific research and recreation.

(3) Landscape protection reserves are extensive and usually unitary territories of Hungary rich in natural and landscape endowments to which the interactions of Man and Nature have lent a particular aesthetic, cultural and natural character and whose primary function is the conservation of landscape features and natural values.

(4) Nature conservation areas are smaller, unitary and characteristic territories of Hungary rich in outstanding natural values whose primary function is the conservation of one or several natural values or the coherent system of these. The moors and salt lakes declared protected by virtue of Article 23 paragraph (2) above qualify as nature conservation areas.

(5) "natural monument" means any individual natural formation or value of outstanding importance and the territory serving for its conservation. The springs, sink-holes, tumuli and earthworks declared protected by virtue of Article 23 paragraph (2) above qualify as natural monuments.

(6) Exclusively the Minister is entitled to establish national parks and landscape protection reserves.

(7) The territory of all national parks shall be classified in natural, managed and demonstration zones in compliance with the international obligations and the principles pronounced by the Minister in Decrees.

(8) The Minister may designate protected natural areas of national importance subject to paragraph (1) sections a)-c) above or parts of those areas for scientific purposes (scientific reserves). He shall by this provision of designation declare the area involved as strictly protected.

(1) The Minister may, in compliance with the international obligations of the Republic of Hungary, qualify by provision of law national parks, landscape protection reserves, nature conservation areas or certain parts of them as biosphere reserves, provided that they are of internationally outstanding scientific value.

(2) Within biosphere reserves, a core area shall be designated for the direct protection of outstanding nature conservation values.

(3) The Minister shall, with the approval of the Minister of Agriculture, grant by provision of law forest reserve status - ranging it in one of the protected natural area categories under Article 28 paragraph (1) - to any forest area which serves for the conservation of natural or near-natural forest communities, the undisturbed natural succession and the conduct of research. The core area of forest reserves shall be designated as provided for under paragraph (2) above.

(4) By virtue of this Act, the natural zone of national parks, the core areas of biosphere reserves and the core areas of forest reserves shall be declared strictly protected.

(1) Protected natural areas shall, in case of necessity, be defended by buffer zones. The provision of law declaring protected status shall also provide for the extension of the buffer zone (subject to Article 24 paragraph (3) section b)).

(2) The range of activities requiring the authorisation or approval of the nature conservation authority shall be specified by decree

a) of the Minister, in case of protected natural areas of national importance

b) of the Municipality (in Budapest, of the Municipality of the Capital), in case of protected areas of local importance

(3) The function of buffer zones is to eliminate or moderate effects which are unfavourable to the conditions or the function of protected natural areas.

(4) The buffer zones of the natural areas declared protected prior to this Act coming into force shall be designated by the provision of law specified under paragraph (2) above within 2 years of this Act coming into force.

(5) It shall be ensured by applying the provision on exemptions (Article 24 paragraph (3) section b) above) that the legal activities started prior to the provision determining the extension of the buffer zone comes into force are continued.

It shall be prohibited to alter the conditions (substance) or the character of protected natural areas contrary to the purposes of nature conservation.

(1) The primary function of forests in any protected natural area is nature conservation.

(2) In the case of forests declared protected after this Act comes into force the parts of the already existing forest management plans concerned by the declaration shall be supervised and if necessary verified by the forestry authority without delay after the declaration of the protected status with the co-operation of the nature conservation authority.

(3) In the case of forests declared protected before this Act comes into force, the forestry management plans - provided that they were approved before the declaration of the protected status .- shall be supervised and if necessary verified within 1 year of this Act coming into force by the forestry authority with the co-operation of the nature conservation authority.

(1) In forests situated in strictly protected natural areas, sylvicultural management shall only be executed as a part of nature conservation management - in accordance with the forest management plan (subject to Article 36 paragraph (3) below) - and with the approval of the nature conservation authority.

(2) Burning of residues in cutting areas and ploughing shall be avoided in forests situated in protected natural areas.

(3) In forests situated in protected natural areas,

a) forests shall be managed by applying close-to-nature methods, trying to achieve a close-to-natural species composition and stand structure;

b) reforestation shall be carried out only with indigenous tree species with natural occurrence on the given site and - with the exception provided under paragraph (5) section a) below - only by natural regeneration methods (progressive regeneration or shelterwood felling and selective felling systems)

in accordance with the management plan.

In protected natural areas, afforestation shall be exercised exclusively with native tree species in a species composition typical to the habitat type and using nature-friendly methods.

(4) Logging during the growing season in forests situated in protected natural areas shall only be executed in exceptional and justified cases (e.g. for purposes of plant protection) with the approval of the nature conservation authority.

(5) In forests situated in protected natural areas,

a) clear-cutting may only be authorised in forest stands not able to naturally regenerate or consisting of non-native species and being of a maximum block size of 3 hectares.

b) the block size of final cutting following gradual reforestation shall not exceed 5 hectares;

c) final cutting or clear-cutting in blocks adjacent to final cut or clear-cut blocks shall only be carried out after the reforestation of the previously logged block has been accomplished.

(6) The permitted size of final cutting or clear-cutting areas determined under paragraph (5) sections a)-b) may be exceeded in exceptional cases - for purposes of plant protection, in order to ensure the survival of natural regeneration or out of nature conservation reasons -.

(7) In forests situated in protected natural areas, which consist of non-native tree species, efforts shall be made to establish close-to-natural conditions by replacing, complementing, restructuring such forest stands, by changing the tree species and by regulating the species composition, thus, eliminating monocultures.

(8) Final cutting may only be executed - with the exceptions specified under paragraphs (6) and (7) - when forests have approximated their biological maturity for cutting.

(1) At the initiative of the Minister - in the interest of nature conservation - any hunting-area situated within or any part of a hunting area overlapping with

a) strictly protected natural areas,

b) national parks,

c) biosphere reserves or forest reserves,

d) areas falling under international nature conservation conventions

may be declared a specially designated hunting area subject to the provisions of a separate law.

(2) The guiding principles on declaring a hunting area specially designated for nature conservation purposes are laid down in the Act on game protection, game management and hunting.

(3) The person authorised to hunt in hunting areas specially designated for nature conservation purposes shall control the game populations (hunting) at the initiative and by the nature conservation conditions of the Directorate and in pursuance of a resolution by the hunting authority.

(4) If the conservation of the protected natural value cannot be achieved otherwise, the hunting authority shall order population control measures at the initiative of the Directorate.

(1) The following restrictions apply to protected natural areas in addition to the provisions of Article 7 paragraph (2) above:

a) it shall be prohibited to construct or operate any building, structure, linear or other facility which endangers or damages the natural area or upsets the scenery;

b) provision shall be made for the conservation of the natural conditions (among others the edaphic conditions and the water balance) necessary for sustaining wild organisms, their communities and biodiversity;

c) aviation in the air-space of the area or a certain part of it shall be restricted or prohibited at the initiative or with the co-operation of the Directorate.

(2) The nature conservation authority or at the suit of it the authority within whose competence the case may fall shall oblige the parties concerned and determine the manner of execution, with special provisions for restoring the original conditions, ceasing an activity, as well as the time-limit.

(3) The obligation to utilise arable lands in protected natural areas shall be suspended by the nature conservation authority.

(1) Nature conservation management techniques, restrictions, prohibitions and all other liabilities applying in protected natural areas shall be laid down in the provision of law declaring protected status.

(2) "Nature conservation management" means any activities aiming at surveying, registering, conserving, guarding, maintaining, displaying or rehabilitating protected natural values or areas.

(3) There shall be a management plan made for each protected natural area, which shall oblige every person exercising activities in the area. The management plan shall be revised every ten years.

(4) The Minister shall by Decree provide for the preparations, contents and approval of the management plan and for the person in charge of preparing it.

(1) At the initiative of the nature conservation authority, the authority responsible for roads shall restrict or prohibit traffic on public roads crossing protected natural areas in case the traffic disturbs, endangers or damages the protected natural area. In the case of local public roads the restriction or prohibition shall be ordered by the Clerk.

(2) The nature conservation authority may, with the exception specified under paragraph (1), restrict or prohibit trespassing (and traffic) within nature conservation areas or certain parts of them, provided that the interests of nature conservation so require.

(3) If any person damages, endangers or unlawfully disturbs protected natural areas, the nature conservation authority shall be obliged to forbid him to continue this activity.

(4) Within protected natural areas, the authority within whose competence the case may fall shall - if necessary, at the initiative of the nature conservation authority - order prohibition on construction and parcelling or other restrictions on use laid down in other provisions of law.

(5) Exterior areas of settlements holding protected natural areas may only be reclassified as interior areas if the interior area of the settlement is also a protected natural area.

(1) The authorisation of the nature conservation authority shall be required in protected natural areas especially for:

a) conducting research, collecting or carrying out experiments;

b) ploughing, renewing, overseeding, irrigating, grazing or cutting grasslands;

c) restoring the area or changing its character or use;

d) changing the purpose of non-arable lands or the branch of cultivation of arable lands;

e) cutting or planting any tree, group or row of trees which do not fall under the laws on forest or forest conservation;

f) burning or eradicating reeds or any other aquatic vegetation, burning grasslands, fallows, stubbles or straw and setting fire in forests with the exception of designated campfire-places;

g) applying plant protecting agents, bioregulators or other pesticides, as well as chemicals that favourably influence the soil's fertility;

h) angling;

i) organising communal or mass sport events, sport races including motorsport and other technical sport events;

(2) The approval of the forestry authority as a co-operating authority shall also be required in the process subject to paragraph (1) section e) above;

(3) In the course of preventing an animal or plant epidemic or quarantine obliged disease, instead of instituting the procedure subject to paragraph (1) section g), the type of preparation to be applied shall be announced to the nature conservation authority.

(4) The management plan may define those conditions of the activities to be exercised in the protected natural area whose accomplishment grants exemption from the obligation to require an authorisation specified under Article 38 paragraph (1) above.

(1) The nature conservation authority shall act as a co-operating authority in any authoritative procedure having direct effect to or directly concerning protected natural areas, and in particular in-

a) dividing any parcel, or changing its shape or extent;

b) parcelling out, utilising land, building, constructing facilities or commencing operations;

c) constructing linear structures or performing earthworks;

d) operating in water, constructing facilities in water or utilising water;

e) authorising the construction of any premises serving for industrial, agricultural or service activities;

f) procedures of forestry, hunting and fishing authorities;

g) approving landscape development plans or technical mining plans concerning the establishment or modification of mining areas, the exploration and exploitation of mineral resources, the utilisation of waste stockpile, the suspension of exploitation or the closing of any mine; authorising the construction and operation of mining facilities and the use of certain machines or installations within mines; furthermore, in water laws procedures in relation with mining;

h) converting the use of arable lands;

i) approving the transportation or storage of hazardous substances specified in another provision of law;

(2) In authoritative procedures for defining limits applied in environmental protection and specified in another provision of law, the Directorate shall act as a co-operating authority, provided that the procedure concerns any protected natural area.

(1) In strictly protected natural areas - in addition to the requirements imposed in Article 38 paragraph (1) above - the authorisation of the Directorate shall be required for entering the area except for any person entitled by another provision of law to stay in the area as much as his task requires.

(2) In strictly protected natural areas, no activity shall be exercised other than activities authorised by virtue of Article 38 paragraph (1) or any intervention aiming at the direct saving of human life or assets; prior to such interventions, the Directorate shall, if possible, be consulted.

(1) The proprietor, trustee and user shall tolerate the activities of the nature conservation authority exercised for the purposes of conservation, scientific cognition and demonstration of protected natural values and areas, and in particular the approaching, demonstrating, guarding and controlling the conditions of nature conservation values as well as the posting of informative or directive signs of the authority.

(2) The proprietor, trustee and user shall tolerate that the nature conservation authority, for the purposes of conservation or scientific cognition of natural values, temporarily uses his property, acquires the right of usufruct or restricts his proprietary rights otherwise.

(3) The actual loss caused by the activities specified under paragraphs (1)-(2) above shall be compensated for.

(1) It shall be prohibited to jeopardise, destroy without authorisation or damage the individuals of protected plant species, or to endanger or damage their habitats.

(2) Provision shall be made for the conservation of the natural conditions (among others the edaphic conditions and the water balance) necessary for the survival of protected plant and animal species and communities.

(3) In the case of protected plant species, or plant species falling under international conventions - unless an international convention or Act provides otherwise - the authorisation of the Directorate shall be required for-

a) the collection of any individual, flower, fruit or any other organ that can be propagated;

b) the possession, sale and purchase or exchange of any individual;

c) the exportation from, importation to or transportation through the Republic of Hungary of any individual;

d) the dissection of any individual;

e) the introduction, reintroduction, planting in gardens or botanical gardens or cultivation of any individual;

f) carrying out a breeding experiment with any individual;

g) the utilisation of any individual for biotechnological purposes;

h) the artificial gene exchange between any populations

(4) The authorisation of the Directorate shall be required for establishing any gene bank or collection of propagatable organs comprising protected plants, as well as for depositing any protected plant in such banks or collections;

(5) The authorisation of the Directorate shall be required for felling or changing the natural conditions of any tree within protected rows of trees or any single protected tree. The nature conservation authority shall inform the forestry authority about the authorisation except for the case of shrubs;

(6) The authorisation of the Directorate shall be required for removing, destroying or possessing any individual, flower, fruit or any organ that can be propagated of strictly protected plant species.

(7) In the case of strictly protected plant species or plant species falling under international conventions, the authorisation by virtue of paragraphs (3) and (6) above shall only be granted out of nature conservation or other public interest.

(8) In the case of strictly protected species, the administrative authority of first instance for the authorisation of activities subject to paragraph (3) sections c), f), g) and h) above shall be the Ministry.

(1) It shall be prohibited to disturb, harm, torture or destroy protected animal species, or to jeopardise the success of their multiplication or any other vital functions as well as to destroy or damage their habitats, sites of occurrence, shelters, feeding, nesting, resting or roosting places.

(2) In the case of protected animal species, or animal species falling under international conventions - unless an international convention or Act provides otherwise - the authorisation of the Directorate shall be required for-

a) any population control;

b) the collection, capture, killing, possession and training of any individual;

c) the breeding in captivity of any individual;

d) the taxidermal preparation and preservation or the possession of such preparations of any individual;

e) the keeping of any individual in live animal collections;

f) the supplementing of any population with individuals from foreign populations;

g) the artificial exchange of genetic matter between populations;

h) the exchange or sale and purchase of any individual;

i) the exportation from, importation to or transportation through the Republic of Hungary of any individual;

j) the reintroduction or introduction of any individual;

k) the application of alarming methods in order to prevent any damage caused by them;

l) the transfer of the nest of any individual;

m) the domestication of any individual;

(3) The authorisation specified under paragraph (2) above shall not exempt from the requirement for veterinary authorisations subject to other provisions of law.

(4) In the case of strictly protected animal species or animal species falling under international conventions, the authorisation by virtue of paragraphs (3) and (6) above shall only be granted out of nature conservation or other public interest. In the case of animal species falling under international conventions, the authorisation may also be granted if it does not interfere with the interests of nature conservation.

(5) In the case of strictly protected species, the administrative authority of first instance for the authorisation of activities subject to paragraph (2) sections c), f), g), i), j) and m) above shall be the Ministry.

(6) In any authoritative procedure by virtue of paragraph (2) section b) above aiming at the capturing or killing of any protected animal respectively the hunting or the fishing authority shall act as a co-operating authority.

(1) The authorisation of the Directorate shall be required for the establishment, construction and operation of any animal collection, zoological garden or any other facilities or premises serving for the keeping or training of protected animal species from the wild.

(2) The finder of any dead individual of any protected animal shall, if not provided otherwise in this Act, report and submit his finding to the Directorate.

(3) The Directorate may, to the extent of and subject to the relevant Ministerial Decree, order restrictions on utilisation and management in the area surrounding the sites of occurrence of any strictly protected plant or animal species. The compensation procedure is subject to Article 72 below.

(4) The Government shall, by Decree, determine in detail the conditions and regulations applying to the protection, keeping in captivity, exhibition and utilisation of certain protected animal species.

(1) The declaration of protected status as regards resettling species shall be subject to Article 24 paragraph (2) and Article 25 paragraph (4).

(2) The provisions of Articles 42-44 shall be applied to resettling species unless the Minister orders otherwise.

(3) The hybrids of protected or strictly protected plant or animal species shall qualify respectively as protected or strictly protected species. The degree of protection shall be determined by the provisions pertaining to the more strictly protected parent species.

(1) "Ancient Hungarian (native) domesticated animal species or breed" means any species or breed which evolved in the natural geographical territory of the Carpathian Basin and whose keeping and breeding have a historical past.

(2) The rules of registration and conservation as well as the principles of breeding and performance examination pertaining to protected ancient native domesticated animal species and breeds shall be provided for by a Joint Decree of the Minister of Agriculture and the Minister.

(1) The Government shall, by Decree, specify the restrictions and prohibitions pertaining to protected and strictly protected wildlife communities. Failing statutory provision to the contrary, the provisions of this chapter shall also apply to protected wildlife communities.

(2) The provisions of Articles 42-44 above and paragraph (1) above shall also apply to any protected living organism which do not qualify as protected plant or animal species.

(1) The protection of any cave shall extend to its entrance, whole system of passages, host rock, formations, speleothem, cave fill in any physical condition, natural flora and fauna and artificially constructed passages serving as entrance or communicating between different parts of the cave.

(2) The Minister may, by Decree, declare protected any fully or predominantly artificial hollow upon whose surface scientifically significant formations have evolved subsequently, or which has outstanding importance as respects nature conservation. The provisions of this chapter shall apply to any protected artificial hollow.

(3) The Minister may by Decree lift the protection of any cave or artificial hollow subject to paragraph (2), if the interests of nature conservation no longer justify the maintenance of protected or strictly protected status.

(4) In case the conservation interests of the natural conditions of any cave so require, statutory law, the Directorate, or, at the initiative of the Directorate, another authority within whose scope of authority the case may fall, may order restrictions on the ground surface above the cave, or it may be declared a protected natural area.

(5) The Minister shall, by statutory law, define the buffer zone on the ground surface above any cave, and, by the same law, he shall determine the restrictions relevant to the buffer zone.

(6) The Minister of Public Welfare and Health shall, by statutory law and with the co-operation of the Ministry, designate the authority which may by resolution declare any cave or any part of a cave medicinal cave. They may by the same resolution determine the measures necessary for conserving the climatic conditions and ensuring the tranquility of the therapeutic activities.

(7) The conditions and rules of procedure of declaring medicinal cave status and therapeutic utilisation shall be determined by a Joint Decree of the Minister of Public Welfare and Health and the Minister.

(1) Caves and buffer zones subject to Article 48 paragraph (5) shall, at the initiative of the Directorate and subject to the provisions of another statutory law, be registered in the Land Registry.

(2) Apart from the Land Registry, caves shall also be officially registered by the authority entitled by a Ministerial Decree; the same Decree shall include the manner of registration and the contents of the register.

(3) The discovery of any cave or part of a cave shall be reported to the Directorate within 8 days.

(1) The proprietor, trustee and user of the property shall tolerate that the Directorate, any person entitled by the Directorate, or any person entitled by the authority exercising the property rights of the state approach the cave or visit the cave developed for tourism. The actual loss caused by this activity shall be compensated for to the proprietor, trustee or user.

(2) The proprietor, trustee and user may not jeopardise, damage or fill in the entrance of the cave; they may not disturb the animals living in the cave or impede the utilisation of the cave.

(3) The Directorate shall make provision for the safety of the cave's entrance and close it if necessary.

(4) For the purpose of ensuring the performance of activities under paragraph (1) above, the Directorate holds the right of easement over the land to which the cave opens (servitude parcel) falling upon its proprietor, trustee and user. The right of easement shall be registered in the Land Registry at the initiative of the Directorate.

(1) The authorisation of the Ministry shall be required for-

a) using or changing the use of any cave or part of any cave;

b) developing any cave or part of any cave;

c) rescuing out, using, marketing or exporting formations of the cave.

(2) In the case of medicinal caves, the therapeutic utilisation subject to Article (1) section a) or any verification of such a utilisation requires the approval of the authority designated as a co-operating authority for declaring medicinal cave status by the Minister of Public Welfare and Health (subject to Article 48 paragraph (6) above).

(3) The authorisation of the Directorate shall be required for executing any activities not subject to paragraph (1) in the cave as well as for commencing any activities influencing the character, conditions, the natural flora or fauna of the cave, in particular for-

a) visiting caves specified by statutory law;

b) conducting research, carrying out experiments or collecting in any cave or any part of a cave;

c) scuba-diving in any cave;

d) exercising nay technical activities with the exception of those under paragraph (1) section b) above, and in particular for the closing of an entrance or any part of a cave, and for the construction, renewal or restoration of any facilities in the cave;

e) shooting films or taking any pictures by electronic device;

f) exercising any activities specified in the Ministerial Decree on the buffer zone of caves (subject to Article 48 paragraph (5) above);

(4) The Minister shall by Decree specify the range of facilities and activities used in developing caves or any part of a cave subject to paragraph (1) section b) above as well as the caves which may not be visited without authorisation by virtue of paragraph (3) section a). He shall also specify by Decree the terms of guiding tours and the qualification requirements for for conducting research in restricted caves by virtue of paragraph (3) section a).

(5) The approval of the Directorate as a co-operating authority shall be required for any explosion or commencing any activities requiring authorisation by virtue of water laws.

(6) The approval of the Directorate shall be required for exercising any activities in the buffer zone of a cave, and in particular for-

a) granting construction or existence licence;

b) storing or using any chemical or depositing any waste;

c) authorising land utilisation or parcelling out;

d) establishing any premises for industrial, agricultural, sylvicultural or service purposes, renewing the facilities of such premises, or changing the technology applied there;

e) constructing linear facilities or performing earthworks;

f) exercising any activities specified in the Ministerial Decree on the buffer zone of caves (subject to Article 48 paragraph (5) above).

(1) The Minister shall by Decree determine the range and financial value of all minerals and mineral associations (hereafter minerals) noted for their rarity, extraordinary size or facies, or outstanding scientific importance.

(2) Protected minerals and fossils shall be conserved, if possible, in their original site; should it not be possible, they shall be removed from their site with the technique which causes the least possible harm and deposited where they serve for educational, scientific and demonstrational purposes

(3) Any mineral or fossil discovered in the course of mining shall be reported to the Directorate and its rescue to safety shall be ensured.

(4) The authorisation of the Directorate shall be required for collecting or marketing any protected mineral or fossil.

(1) In order to define the state tasks and policies connected with the conservation of nature and biodiversity, to ensure the surveying, assessment, conservation and restoration of natural values and landscape assets, natural habitats, wild plants and animal species and other parts of the natural heritage, and to co-ordinate the related tasks, a National Nature Conservation Master Plan (hereafter Master Plan) shall be developed in the framework of the National Environment Protection Program (E.L. Article 40.).

(2) The Master Plan shall contain:

a) a general description of the country's natural areas, the definition of processes and activities which are important from the aspect of the conservation of biodiversity;

b) the general requirements as well as the sectoral and inter-sectoral tasks for the conservation of natural areas and values;

c) the long-term and medium-term aspects of the conservation of protected natural values and areas and of the establishment of new protected natural areas;

d) the long-term and medium-term aspects of the establishment and maintenance of an ecological network and ecological (green) corridors;

e) the long-term and medium-term aspects of the establishment and maintenance of environmentally sensitive areas (ESA-s) and systems;

f) the system of conditions and the principles of the most important measures subject to sections a)-e) of the conservation of nature;

g) the long-term and medium-term program for the research, development, educational and demonstrational tasks and the popularisation of nature conservation;

h) the principles of establishing and operating a system for the observation, data collection, registration and evaluation of natural values.

(3) For the purposes of paragraph (2) sections d) and e) above:

a) ''ecological (green) corridor'' means any ecological passage made up of natural and near-natural areas and strips which ensure or support the ecological connection between distant territories;

b) ''ecological network'' means the biological connections of natural and near-natural areas, protected natural areas and their buffer zones ensured by ecological corridors;

c) ''environmentally sensitive area'' means any extensively cultivated area that serves to conserve the nature-friendly cultivation methods and thereby to protect the natural habitats and to conserve biodiversity, landscape assets, cultural and historical values.

(4) The Minister, in order to execute the Master Plan shall, as circumstances may require, elaborate, have elaborated or initiate the elaboration of

a) regional plans,

b) plans referring to a given landscape or protected natural area,

c) plans referring to natural values.

(5) The Minister, in order to execute the Master Plan, shall by Decree provide for the rules pertaining to the establishment of ecological corridors and ecological networks. The rules pertaining to Environmentally Sensitive Areas shall be regulated by a Joint Decree of the Minister and the Minister for Agriculture.

(1) Regional planning and development, water management, amelioration or any other plan which involves changing the character of the landscape may only be approved or modified, in accordance with separate legislation with the participation of the Ministry or the Directorate.

(2) Should the plans specified in section (1) be accepted in the course of authoritative procedures, they may only be approved or modified with the consent of the co-operating authorities defined in the plan.

(3) The exterior areas of settlements may only be reclassified as interior areas in accordance with Article 7 section (3) and Article 37 section (5) above, as well as the Master Plan and the environmental plan of the settlement.

(4) The prior opinion of the Directorate shall be required for the reclassification of exterior areas of settlements as interior areas. One copy of the approved order of the Municipality on such a reclassification shall be forwarded to the Directorate.

(1) The Municipalities of the settlements- in the Capital, the Municipality of Budapest - shall prepare a plan for the maintenance of the protected natural areas of local importance in the territory under their jurisdiction. The plan shall be in accordance with the regional and national plans. The plan shall be approved by order of the Representative Assembly of the Municipality, in the Capital and cities with County status by the Capital or City Assembly (hereafter jointly as Representative Assembly).

(20 The prior opinion of the Directorate shall be required for presenting the plan to the Representative Assembly. One copy of the approved nature conservation plan of the Municipality shall be forwarded to the Directorate.

The Minister shall:

a) control all activities connected with nature conservation relegated to him by Act or Government Decree;

b) control the regional administrative bodies of nature conservation;

c) participate in the organisation of the non-governmental research in the field of nature conservation;

d) provide for the planning and co-ordination of the state research related to nature conservation, for the elaboration and operation of the systems (monitoring) which help record the actual state (inventory of nature) and which provide continuous information and evaluation;

e) direct the performance of the nature conservation tasks arising from international obligations;

f) prepare and have prepared plans in connection with nature conservation;

g) exercise authority rights in the cases defined by the present Act or other relevant legislation;

h) co-operate, in the interest of nature conservation, with non-governmental organisations, Municipal Assemblies, etc.;

i) participate in the direction of the education and propagation of nature conservation as well as in the adaptation of nature conservation knowledge in the plan of tuition.

(10) The administrative tasks of nature conservation shall be performed, by virtue of the provisions of the present Act and other relevant legislation, by the administrative bodies under the control of the Minister, by the Directorates, the Municipalities and their bodies as well as the Notaries.

(2) The tasks and competencies of the Directorates shall be defined by decree of the Government, their sphere of activity by decree of the Minister.

The first instance authoritative tasks related to nature conservation shall be performed:

a) by the Directorate in all issues which do not fall under the authoritative competence of the Municipalities;

b) by the Clerk (the legal persons subject to sections a) and b) are called jointly as nature conservation authorities) in all issues which fall under the authoritative competence of the Municipalities.

(1) The Nature Conservation Guard shall operate - provided with uniform and service fire arms - in the organisation of every Directorate in order to protect, conserve and prevent the damaging of natural values, especially the protected natural values and areas.

(2) The rights and liabilities of the members of the Nature Conservation Guard and the official persons acting for the Directorate shall be defined in another provision of law.

(3) The nature conservation guard shall consult in advance with the managing bodies - with the exception of emergency procedure acts- the entrance into the properties serving exclusively military objectives and under military management.

(4) The detailed regulation for the Nature Conservation Guard and for the officers acting for the Directorate shall be defined by Decree of the Government. The service regulations of the members of the Guard shall be defined by Decree of the Minister.

(1) The public prosecutor shall proceed in accordance with the provisions of the Act on Criminal Procedures in the case of any damage to natural values or areas, and in particular in the case of any damage to protected natural areas and values, which are infringements of the Criminal Code.

(2) In case any natural value, area or protected natural area is endangered, the public prosecutor may institute legal proceedings in order to prohibit the endangering activity or to reimburse the damage caused by it.

(3) The public prosecutor, in the course of exercising his legality control rights and on the basis of the relevant legislation shall co-operate in ensuring the legality of the procedures and decisions of the nature conservation authorities.

(1) The County Municipalities shall provide for the co-ordination of the activities connected with the conservation of the protected natural areas of local importance situated in the territory of the county.

(2) The County Municipalities, in the course of performing their tasks defined in paragraph (1) shall:

a) make recommendations for the establishment of protected natural areas of local importance;

b) participate, upon the request of the Local Municipalities, in the preparations for declaring protected natural areas of local importance;

c) support the nature conservation activities of the Local Municipalities.

(3) The County Municipalities may enter into agreements or create associations with the Local Municipalities for the maintenance of the protected natural areas of local importance.

(1) In the cases defined by law, the Local Municipalities shall also perform nature conservation duties.

(2) The Local Municipalities shall provide for the maintenance and conservation of protected natural areas of local importance as well as for approaching the conditions there to natural conditions.

(3) The Local Municipalities may, for the purpose of performing the local and regional goals of nature conservation, separate a nature conservation fund within the environmental protection fund of the Municipality (E.L. Article 58).

(1) The Representative Assembly of the settlements (in Budapest, the Capital Assembly) may operate a Municipal Nature Conservation Guard.

(2) The duty of the Municipal Nature Conservation Guard is to exercise the rights and perform the obligations defined in another provision of law and subject to Article 59 of this Act, in order to conserve the protected natural areas of local importance.

(3) Within the framework defined by the provisions of paragraphs (1) and (2), the Government shall determine by Decree the detailed regulations for the members of the Municipal Nature Conservation Guard. The service regulations defined under paragraph (4) of Article 59 are valid in respect of the Municipal Nature Conservation Guard as well.

(1) In addition to the provisions of E.L. Articles 54-55, all educational institutions shall teach nature conservation issues, which will be an integral part of the National Basic Educational Programme. Through the teaching of that knowledge - with the participation of the Government, municipality institutions and other organisations - the society's awareness of the importance of nature conservation shall be improved.

(2) In the areas suitable for visiting and in compliance with the interests of conservation, the possibility of visiting protected natural areas shall be ensured, as a part of information propagation, education, scientific research and tourism. To this end the Directorate shall maintain educational and demonstrational facilities.

(3) The 10th of May of every year shall be the Day of Trees and Birds. The commemoration and programs held on that day shall serve to increase the commitment of the citizens - first of all the youth - to nature conservation.

(1) In the case of damaging or endangering any natural area or value, the non-governmental nature conservation organisations are entitled to take measures to conserve nature, and may

a) request administrative bodies, Municipalities to take the appropriate measures under their competence; or

b) initiate a process in court against the person who damages, endangers or disturbs the protected natural value.

(2) In the case defined under paragraph (1) section b) above the plaintiff may request the court to-

a) prohibit the endangering or damaging person from continuing the infringement;

b) oblige him to carry out the necessary measures to prevent the damage.

(1) The nature conservation activities of the Directorates and Municipalities may be supported by civil nature guards.

(2) The civil nature guards, in the area determined in their permit are entitled to:

a) enter protected natural areas;

b) wear service badge and use permit;

c) warn any person who endangers or damages natural values of the illegality of their act, of the legal consequences and demand that they leave;

d) provide information on the protected natural areas, values and on activities which require an authorisation.

(3) The Minister shall by decree specify in detail the regulations pertaining to civil nature guards.

(1) The Minister shall operate a uniform nature conservation information system in compliance with the international obligations, and as an independent part of the National Environment Protection Information System (E.L. Article 49).

(2) All authorities, administrative and municipal organisations shall make the data necessary during their procedures available to the nature conservation authorities.

(3) It shall be the duty of the Ministry - in accordance with the provisions determined in Decree by the Minister - to register the protected natural areas and values.

(1) All caves shall be owned exclusively by the state and shall not be negotiable.

(2) Any individual of the protected plant and animal species and the protected mineral formations are in state ownership.

(3) The authorisations subject to Articles 42-44 above and Article 74 paragraph (2) below shall provide for the ownership rights of the protected plant and animal species and the protected mineral formations.

(4) The ownership rights of the protected plant and animal species and the protected mineral formations to be found in collections established prior to this Act coming into force and particularly in gardens, parks, zoological gardens, etc. shall be subject to the earlier provisions.

(5) With the exception of caves, negotiation of the protected natural values and natural areas shall be restricted. The ownership of protected natural areas may not be acquired by any foreign natural or legal person.

(6) The state holds the right of pre-emption in the ownership change of protected natural values and areas, which the Directorate is entitled to exercise prior to any other entitled person. In the case of protected areas of local importance the Municipality of the settlement also holds the right of pre-emption, following the Directorate.

(7) a) State-owned protected natural areas may not be transferred from state ownership except for the case of exchange with the approval of the Minister for another protected natural area of at least similar nature conservation value,

b) State-owned protected natural values may only be transferred from state ownership (apart from the cases defined in section (3) above) with the approval of the Minister and in case the transaction serves nature conservation or public purposes.

(1) The central budget, in accordance with the separated state funds shall

a) support the resolution of the prominent tasks defined in the Basic Plan and those arising from the international obligations of Hungary;

b) support nature conservation measures, especially in the area of the development and operation of the nature conservation information system, administration control, education, information propagation and increasing of awareness, research and social nature conservation.

(2) The financial funds necessary to achieve the objectives of nature conservation shall be primarily provided for in the central budget and the separated state funds, and in particular in the Central Environmental Fund, which also serve for nature conservation purposes.

(3) The monetary value of the protected living organisms, communities and mineral formations shall be defined by Decree of the Minister.

The user shall pay a fee for the use of the names and logos of protected natural areas or the nature conservation logo as defined by the owner and user in a contract subject to the Civil Code.

(1) The conservation of the natural values and areas shall also be supported by government aids, tax allowances, and a credit system supporting nature-friendly management.

(2) Government aids shall be provided principally to:

a) any person engaged in nature-friendly management;

b) any person engaged in the reconstruction or creation of habitats except if he has been obliged to do so by sanctions.

(3) The cases, amounts and conditions of the government aid as well as the terms of payment - within the framework of this Act - shall be determined by Decree of the Government.

(4) The compliance with the obligations - as the condition of payment - shall be inspected regularly, but at least once every year by the Directorate.

(1) The proprietor shall be indemnified to the extent of the actual damage caused by field or forest management restrictions, prohibitions, or prescriptions of significant changes in the structure of production for nature conservation purposes in protected natural areas imposed after this Act comes into force. The lawful restriction or prohibition prescribed in order to prevent or obstruct natural damage shall not entitle to indemnification.

(2) The proprietor shall be indemnified to the extent of the actual damage caused by a temporary declaration of protection, in case the temporary declaration of protection does not become final for lack of justification.

(3) In case a proprietor is obliged to change significantly the structure of production, or any restriction, prohibition or any other official compulsion is imposed on him outside protected natural areas, the indemnification shall be subject to the provisions of paragraph (2) above. The detailed regulations of the indemnification subject to paragraphs (1)-(3) above shall be defined by Decree of the Government.

(1) Any legal person, other organisation, private entrepreneur or full time farmer using hazardous substances in protected natural areas or pursuing activities otherwise dangerous to the character or conditions of the natural value shall - in accordance with separate legislation - provide security or draw up an insurance contract.

(2) The detailed regulations concerning security and insurance shall be determined by Decree of the Government.

(1) The proprietor or user of the property affected by damage shall provide with reasonable care and caution for the prevention or reduction of damage caused by protected animal species. Should the obligor be unable to prevent the damage, he may request measures to the same effect to be taken by the Directorate.

(2) The use of alarm methods or - in exceptional cases - the capture or thinning out of the overpopulated species require the authorisation and supervision of the Directorate.

(3) The Directorate shall, if necessary, or upon request by the proprietor or user participate in the alarming, capturing or thinning out, or execute it itself. In case the action is initiated by the Directorate, the expenses shall be born by the same. In case the Directorate takes measures in pursuance of a request of the proprietor or user, the division of the related expenses shall be subject to the agreement between the parties.

(4) The Directorate shall pay indemnification if damage caused by protected animal species has occurred because the Directorate:

a) has failed to comply with a justified request defined under paragraph (1) above;

b) has without just cause refused to grant consent to the use of alarm methods or the capture or thinning out of overpopulated species;

c) has failed to comply with a request defined in paragraph (3) above with no justifiable reason.

In any other case the damage shall be born by the owner of the property.

The official procedures under the present Act shall be subject to the provisions of Act No. IV of 1957 on the General Rules of State Administration Procedures with the deviations defined in the present Act.

(1) The time-limit of authorisation procedures of the nature conservation authorities shall be 90 days.

(2) The time-limit for the participation in procedures as a co-operating authority subject to Article 39 paragraph (1) shall be 30 days, which may be extended on one occasion for a further 15 days.

(3) In case the application for authorisation refers to activities to be pursued in the whole territory of the country, the Ministry exercises the right of first instance authorisation.

The Directorate, or in the case of protected areas of local importance the Clerk, in order to comply with the statutory provisions, may order the clients to restore the original conditions, and especially to repair the damaged natural values or areas as well as the protected natural values or areas.

(1) The Directorate, or in the case of protected areas of local importance the Clerk, may restrict, suspend or prohibit any activities damaging, severely endangering or disturbing protected natural values or areas. The resolution, in case the protected natural value or area is directly or serious damaged or endangered, may be declared immediately executable regardless of an eventual appeal.

(2) The Directorate may by resolution seize or confiscate the protected natural values acquired or owned illegally, if they are not in state ownership. In the case of state-owned protected natural values (Article 68 above), the Directorate shall confiscate them and provide for their protection until a decision with respect to the confiscation is made by the administrative body exercising the proprietary rights of the state.

(3) The confiscated protected natural values may only be utilised in accordance with the provisions of the Decree issued by the Minister.

(1) Should the commencement of any activity specified in statutory law be bound to environment impact assessment (E.L. Article 67), an inventory of nature shall be carried out as a part of the assessment.

(2) The inventory of nature includes:

a) a survey of the natural values and their conditions in the area concerned;

b) presentation of the activities that significantly influence, endanger or damage the natural values, including the protected natural values;

c) the measures to reduce the effects of the changes resulting from the implementation of the planned activity (management), as well as the measures for the conservation of the natural values and for the reduction of the unavoidable damage.

(1) Any person who with his activity or negligence infringes

a) on the statutory provisions or resolutions which serve nature conservation purposes;

b) unlawfully endangers, misuses or damages any protected natural value, or unlawfully endangers, spoils or damages the condition of any protected natural area;

c) unlawfully alters or transforms any protected natural area or cave, or performs activities there incompatible with the objectives of conservation;

d) significantly disturbs the habitat or vital functions of any protected living organism or community;

e) performs activities requiring authorisation without any such authorisation or deviates from the authorised activities;

shall pay nature conservation penalty.

(2) The nature conservation penalty shall be imposed by the Directorate, or in the case of protected areas of local importance, by the Clerk.

(3) The nature conservation authorities may not impose penalty later than one year after becoming acquainted with the activity specified in paragraph (1) above. No penalty shall be imposed five years after the commitment of the act, except if the unlawful condition has been sustained. In this case the lapse period does not begin as long as the unlawful state remains in effect.

(4) In case the nature conservation penalty

a) was imposed by the Directorate, then it shall be paid to the nature conservation section of the Central Environmental Fund;

b) was imposed by the Clerk (Article 80 section (2) above), then it shall be paid to the environmental fund of the Municipality or to its nature conservation section (Article 62 section (3)above). If the Local Municipality does not possess an environmental fund, then the receipt subject to section (b) shall also be paid to the Central Environmental Fund.

(5) The nature conservation penalty shall not release the offender from the Criminal Code, Petty Offence Code or compensation liability, or from the obligation to confine, suspend or terminate the activities and restore the original conditions.

(6) The rules of procedure of imposing nature conservation penalty, the sum of the penalty and the form of imposing shall be defined by Decree of the Minister.

(1) Any person who causes damage by infringing on the statutory laws or resolutions on the conservation of nature shall reimburse the damage as specified in the provisions of Articles 345 and 346 of the Civil Code.

(2) The damage caused by infringing on the rules of nature conservation includes:

a) the actual damage of properties;

b) the unrealised profit;

c) the justified expenses of the elimination of the damage;

d) the immaterial costs resulting from the damage to natural conditions and quality;

e) the immaterial costs which appear in a deterioration of the living conditions of society, social groups or individual citizens.

(3) In case of any damage, efforts shall aim first of all the natural rehabilitation; in this case - except if the rehabilitation is carried out by the person causing the damage - the damage includes the costs of reinstating the original conditions.

(4) The prosecutor may institute legal proceedings (Article 60 paragraph (2) above) for the compensation of immaterial costs appearing in a deterioration of the living conditions of society or social groups (subject to paragraph (2) section e) above); the adjudicated compensation shall be paid to the Central Environmental Fund.

(1) The present Act shall come into force on the 1st of January 1997. Simultaneously Law-Decree No. 4 of 1982 and - with the exceptions defined in paragraph (2) - Decree No. 8 of 1982.(II.15.) of the Council of Ministers (hereafter L. ex.) on its execution, amended by Decree No. 58 of 1986.(XII.10) of the Council of Ministers (CM), Decree No. 26 of 1987.(VII.30.) of the CM, Decree No. 88 of 1990.(V.30.) of the CM, Government Decree No. 24 of 1992.(I.28.) and Government Decree No. 71 of 1994.(V.7.) shall be revoked.

(2) The provisions of Article 27 of L. ex. shall be applied until the law defined in Article 59 paragraph (2) of the present Act comes into force.

(3) The provisions of the present Act shall be applied in the public administration procedures initiated after the effective date of the Act.

(4) All procedures for preparing the declaration of protection and for declaring protection which are in progress when this Act comes into force shall be subject to the statutory laws in effect at the time of commencement of the preparations.

(5) The Act does not affect the protection of the natural areas or natural monuments declared protected by decree, ordinance or resolution prior to the effective date of the Act. Where the Act refers to legislation declaring protection, it also refers to the resolutions declaring such protection.

(6) The register of protected natural areas of national importance as defined in paragraph (5) shall be published by the Minister. This register may be complemented, if necessary, with the register of protected natural areas declared after this Act comes into force.

(7) The provisions of the present Act shall apply to the protected (strictly protected) natural areas established by virtue of paragraph (5) above, provided that the resolution or law declaring the protection does not include stricter rules.

(8) The Master Plan subject to Article 53 paragraphs (1)-(3) shall be first forwarded as part of the National Environment Protection Program on the date defined in Article 110 paragraph (3) of the E. L.

(1) The Act No. 1 of 1986 amended several times on Petty Offences (hereafter P. O. Act) shall be complemented by the following Article 32/A:

In case of any petty offence against nature conservation, the National Park Directorate or the Nature Conservation Directorate shall proceed in the first instance and the Ministry for Environment and Regional Policy in the second instance."

(2) The P. O. Act shall be complemented by the following paragraph (3):

" (3) The competence of the National Park Directorate or the Nature Conservation Directorate shall be determined by the place of commission; if it cannot be determined, or the commission has occurred in the territory of authority of several Directorates, the Budapest Nature Conservation Directorate shall proceed in the first instance."

(3) The P. O. Act shall be complemented by the following Article 116/C.

"Article 116/C.

Petty offences in nature conservation

(1) any person who-

a) performs or makes another person perform activities bound to the authorisation or approval of the nature conservation authorities without such license or deviates from the authorised or approved terms, does not comply with the declaration obligations;

b) pursues activities which are incompatible with the objectives of nature conservation; litters or pollutes the area in any way, trespasses, travels in a prohibited way, makes a fire without permit;

c) destroys or unlawfully damages any protected living organism or its derivative, any cave formation, or significantly disturbs protected animal species in their vital functions;

d) infringes in any other way on the regulations of nature conservation;

shall be liable to a penalty of up to 50.000 HUF, in case the act is not a crime.

(2) The nature conservation guard or the person acting for and entitled by the nature conservation authorities may impose an on the spot fine on any person committing the infringements defined in paragraph (1) section b).

(3) The National Park Directorate or the Nature Conservation Directorate may by resolution confiscate any unlawfully acquired or possessed specimen of protected plant and animal species in any stage or period of its development, any protected mineral formation or cave formation. In case any protected natural value appearing in the list above is owned by the state, then the Directorate shall seize it and provide for its protection until the administrative body exercising the proprietary rights of the state makes a decision with respect to the seized natural value.

(4) The provisions of paragraph (1) shall also apply in the case of strictly protected natural areas and values, in case the act does not represent a crime.

The following provision shall replace Article 46 paragraph (4) of Act No. LV of 1994 on the Arable Land:

" (4) Lands set aside for military or police purposes, or for the declaration of protected areas shall be subject to separate legislation.''

Authorisation is hereby granted to

a) the Government to regulate by Decree the provisions of Article 7 paragraph (3), Article 10 paragraph (1), Article 44 paragraph (4); Article 47 paragraph (1); first phrase of Article 57 paragraph (2); first sentence of Article 59 paragraph (4); Article 63 paragraph (3); Article 71 paragraph (3); Article 72 paragraph (3), Article 73 paragraph (2); Article 80 paragraph (4);

b) the Minister to regulate by Decree the provisions of Article 24 paragraphs (1) and (2); Article 28 paragraph (7); Article 29 paragraphs (1) and (3); Article 30 paragraph (2); Article 36 paragraph (4); Article 44 paragraph (3); Article 48 paragraphs (2)-(3) and (5); Article 49 paragraph (2), Article 51 paragraph (4); Article 52 paragraph (1); first phrase of Article 53 paragraph (5); Article 57 paragraph (2); Article 59 paragraph (4); Article 66 paragraph (3); Article 67 paragraph (3); Article 69 paragraph (3); Article 78 paragraph (3);

c) the Minister, to regulate by Joint Decree with the Minister of Agriculture the provisions of Article 15 paragraph (2) and the second phrase of Article 53 paragraph (5);

d) the Minister of Agriculture to regulate by Joint Decree with the Minister the provisions of Article 11 paragraph (3) and Article 46 paragraph (2);

e) the Minister of Public Welfare and Health to regulate by Joint Decree with the Minister the provisions of Article 48 paragraph (7).