New Forestry Bill Proposes Responsible Public Access to Private Forests

On Monday 19 September 2022, Luxembourg's Minister for the Environment, Climate and Sustainable Development, Joëlle Welfring, responded to discussions around compliance with the general principle of proportionality, Article 11bis of the Constitution and higher legal standards by the Minister, in the application of the law of 18 July 2018 concerning the protection of nature and natural resources.

The exchange of views on the amended law of 18 June 2018 concerning the protection of nature and natural resources was varied and constructive. Among the many points of discussion and suggestions were addressed, in particular, the recent judgments of the Administrative Court in the matter of existing constructions in the green zone, as well as the need to state the general principles which could, if necessary, be integrated into the predicted law.

Minister Welfring informed the deputies that the judgments have already found their repercussions in administrative practice, particularly with regard to the energy improvements of existing buildings in the green zone. Priority will be given to the adaptation of article 7 concerning existing constructions in the green zone.

The forestry bill presented to the Environment Committee, proposes public access to private forests.

The Luxembourg forests play many roles: it guarantees fresh air, it contributes to the regeneration of groundwater, it is home to many animal species, it is a place of resourcing and recreation, it creates jobs and it is an important ally in the fight against the climate crisis. According to the ministry, protecting the  forest means protecting our future in Luxembourg.

With the aim of reconciling the interests of humans and nature in the long term, the new forestry bill was discussed at the Environment Committee on Monday.

The bill breaks new ground in several areas:

• More rights for citizens, but also more responsibilities: Currently, it is legally not allowed to walk in a private forest in Luxembourg without the agreement of the owner. In order to reconcile the different interests, the new law will guarantee a right of access to the forest for everyone on the paths and trails. This freedom of access is however linked to the obligation to respect private property and not to damage either the forest itself or the infrastructures found there.
• Responsibilities are reassigned. At present, the rules of owner's liability, as provided for in the Civil Code, apply to the forest owner. These rules can be very restrictive for the owner who often finds it physically impossible to restrict access to his property. In the event of an accident in the forest (for example when a branch of a tree falls and injures a passer-by), the responsibility of the owner can easily be retained. The latter will have to defend himself to exempt himself from his responsibility. The new law provides a more advantageous liability regime for forest owners. In return for the right of access for visitors to the forests, the latter must accept the risks of accident inherent in the forest environment. With the new law, it is the visitor to the forest who is responsible for his own safety on the paths and trails. The owner's liability can only be engaged in the event of the owner's fault – the burden of proof rests with the visitor. In addition, the new definitions help to clarify and facilitate.
• Sustainable forest management will be anchored as a principle by the new law. The forest plays an important role in the economy as a supplier of renewable materials. Moreover, the natural heritage will also be better protected and will help future generations to benefit from the many services provided by the forest, including its biodiversity. The draft law also provides for a system of aid for measures carried out in the forest from which forest owners can benefit.
• According to the environment ministry, the protection of our forests must also focus on protection against climate change: droughts, heavy rains... Making our forest more resilient and effective against these natural phenomena is an important goal of the new law. For example, several forest soil protection measures (prohibition of drainage and tillage, maintenance of logging residues) allow forests to store even more rainwater and carbon in the forest ecosystem.