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Boating on the Isar: Regulation put to the test in court

2022-05-10T16:29:30.328Z


Boating on the Isar: Regulation put to the test in court Created: 05/10/2022Updated: 05/10/2022 18:17 By: Veronika Ahn-Tauchnitz The Isar in the district of Bad Tölz-Wolfratshausen is taboo for boaters for a few months of the year. The Bavarian Canoe Association, among others, has sued against this. © Schmidt/A Does the boating regulation for the Isar endure? That will show up these days: On T


Boating on the Isar: Regulation put to the test in court

Created: 05/10/2022Updated: 05/10/2022 18:17

By: Veronika Ahn-Tauchnitz

The Isar in the district of Bad Tölz-Wolfratshausen is taboo for boaters for a few months of the year.

The Bavarian Canoe Association, among others, has sued against this.

© Schmidt/A

Does the boating regulation for the Isar endure?

That will show up these days: On Tuesday, the Administrative Court dealt with a lawsuit brought by the Bavarian Canoe Association and others against the regulation.

The decision will be communicated to the parties in writing.

Bad Tölz-Wolfratshausen

– The boating ordinance for the Isar in the district came into force in April 2019 (we reported).

It regulates public use, so it applies to everyone who uses the wild river privately.

The requirements range from a life jacket requirement for children to a blood alcohol limit and a ban on driving at night.

And there is a seasonal usage restriction.

Before June 1st and after October 15th (south of Tölz) or December 31st (north of Tölz) it is not allowed to drive at all.

The seasonal usage restriction is a major criticism

Exactly that and the time-of-day restriction were the main points of criticism for the Bavarian Canoe Association from the start.

Together with the Bavarian Individual Paddler Association and three canoeists from Munich clubs, the association filed a legal action against the boating ordinance at the Bavarian Administrative Court in October 2019.

“The applicants cannot and do not want to live with the time restrictions contained in the regulation,” the association said in a statement at the time.

It is unclear whether boaters disturb the habitat of animals and plants

It has not been clarified at all whether boaters would actually disturb the habitat of plants and animals.

"On the basis of a preliminary and obviously incomplete statement by the lower nature conservation authority, the district office issued a final regulation intended to be permanent," the association said at the time.

The two-year monitoring – ie observing and examining the habitat Isar – does not contribute to the knowledge.

Because how can "after a ban on driving, the positive effect of the ban be proven if no effect-related comparative values ​​were determined before the ban?" asked the association.

No understanding of the "lawsuit" of the canoeists

On Tuesday, the Administrative Court in Munich negotiated.

Cornelia Breiter, who is responsible for water law at the district office, followed the process.

She kept District Administrator Josef Niedermaier up to date.

He still has little understanding for the canoeists' "lawsuits".

Niedermaier says on request that water sports enthusiasts have even been accommodated when it comes to setting the access times.

Actually, the spawning and, above all, the breeding times of the birds could have resulted in even longer closure times.

“So where is the problem?” asks the district administrator.

District Administrator Josef Niedermaier: "Otherwise, nature has no lobby"

"We are still convinced of the ordinance." First and foremost, "because it was good for the Isar.

The ordinance has achieved a lot.” After all, no one is locked out.

"It's just a time limit on use." Niedermaier now hopes that the boating ordinance will stand up in court.

"Otherwise, nature has no lobby."

The verdict will come in the coming days

The plaintiffs, on the other hand, fear that the ordinance in the Bad Tölz-Wolfratshausen district is only the beginning, other authorities could follow suit and access to the waters will become increasingly difficult.

The hearing ended in the late afternoon.

The court's decision, according to a spokesman, will be made in the coming days and communicated to the parties in writing.

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Source: merkur

All news articles on 2022-05-10

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