Ordinance on Contributions for Agricultural Nature Conservation (BLNV) - Purpose** (BLNV)

1. This regulation aims to achieve the preservation and maintenance of valuable habitats and landscapes through ecological services in agriculture by means of voluntary agreements.

1. This ordinance regulates the contributions of the canton for agricultural services in the interest of nature conservation.

2. Within the scope of its purpose, it implements the Federal Act on the Protection of Nature and Cultural Heritage.

1. Unless otherwise specified below, the terms and conditions for federal contributions pursuant to the Direct Payment Ordinance (SR 910.13) and the Federal Act on the Protection of Nature and Cultural Heritage (SR 451) shall also apply to contributions from the canton under this ordinance.

1. "Eco-contributions" are deemed to be contributions from the federal government for ecological balances in accordance with the Direct Payment Ordinance (SR 910.13). For contribution objects pursuant to Article 5, they are disbursed as base contributions and supplemented with nature conservation contributions.

2. "Nature conservation contributions" are defined as contributions under this Ordinance and under the Federal Act on the Protection of Nature and Cultural Heritage (SR 451), which are financed through cantonal credits and federal contributions.

1. The government council designates the areas in which objects within the meaning of this ordinance are supported.

2. The basis for the designation of areas is provided by the protected objects within the meaning of the Nature and Heritage Protection Act (RB 10.5101) and the cantonal nature and landscape protection concept.

1. The management, care, and use of the contribution objects must preserve their characteristic plant life and natural state.

2. In addition, the management regulations of the Direct Payment Ordinance (SR 910.13) and the Federal Act on the Protection of Nature and Cultural Heritage (SR 451) are to be applied mutatis mutandis to the corresponding cantonal contributions.

1. The management contract contains specific management regulations, such as cutting times, number of cuts, grazing occupancy, fertilization requirements, balanced nutrient balance, permissible type of use, and other maintenance measures.

1. The person eligible for contributions is the operator who is willing and able to comply with the management regulations for a contribution object.

2. Eligibility for contributions does not grant a legal claim to a contribution. Articles 9 and 10 are reserved in any case.

1. Contributions pursuant to this regulation are generally only provided if contributions from the federal government for ecological compensation under the Direct Payment Ordinance (SR 910.13) have been committed for the same object.

2. By way of exception, and if it serves the purpose of this regulation, the canton may provide contributions even if no federal contributions as referred to in paragraph 1 have been committed.

3. The total contributions from the canton and the federal government must not exceed what is required for the purpose of this regulation.

1. The district administrator is responsible for approving loans that align with the purpose of this regulation.

2. Management agreements are concluded only within the scope of the loans approved by the district administrator.

1. The contractually agreed contributions are provided as

a) Area contributions

b) Plant contributions

c) Yield loss compensation

1. The amount of contributions is determined particularly based on the extent of maintenance and operational efforts, the severity of usage restrictions, and the deservingness of protection of the object of contribution.

2. Within this framework, and within the scope of the credits approved by the district administrator, the governing council determines the amount of contributions in a regulation.

1. The Management Contract specifies

a) the contracting parties

b) the contribution object

c) the management regulations

d) the type of contribution

e) the amount of the contribution with reference to the expected federal contributions

f) the reservation that contributions are granted only within the limits of the credits approved by the Land Council

g) the duration of the contract

h) any additional provisions, particularly regarding the reduction and repayment of contributions in the event of a breach of contract

2. If a leased property is the subject of the contract, the lessor must be informed of the conclusion of the contract in advance.

1. Management contracts generally have a duration of six years.

2. Management contracts may be exceptionally terminated

a) if special circumstances render the contract unreasonable for one of the parties

b) if one of the parties does not comply with the contractual provisions

3. In the case of extraordinary termination, a notice period of one year must be observed.

1. Conservation Contributions Under this Regulation for Managed Areas Within the Reuss Delta Perimeter Shall Be Financed From the Special Fund "Reuss Delta" According to Article 5 Paragraph 2 of the Law on the Reuss Delta (RB 40.1225).

1. The Government Council shall regulate the jurisdiction and procedure for triggering contributions under this ordinance in a regulation. This regulation must ensure that the Office for Nature and Landscape Protection is involved in its area of expertise.

2. It shall designate the competent authority of the canton within the meaning of the Direct Payments Ordinance (SR 910.13).

1. If the manager does not comply with the contractual provisions, the canton shall reclaim the contributions received unjustly. In cases of hardship, it may waive this requirement in whole or in part.

1. The canton maintains a register that records the contribution objects, their managers, and the contractually agreed contributions. The register must be continuously updated.

1. The governing council shall issue the necessary implementing provisions in a regulation.

1. Orders pursuant to this Regulation may be challenged in accordance with the provisions of the Organizational Regulation (RB 2.3321).

1. This ordinance is subject to an optional referendum.

2. The governing council shall determine when it comes into force.