Large sections of a Carinthian forester’s woodland fell victim to a massive snow-break disaster in 2019. To prevent the resulting broken timber from triggering a bark beetle infestation, it was essential to remove it as quickly as possible. However, to enable the damaged timber to be transported away swiftly by lorry, the forest owner from the municipality of Mallnitz first had to upgrade an existing forest road.
The approval process with the competent Forestry Authority, however, turned out to be a bureaucratic nightmare and became a years-long ordeal. The forest owner was ultimately left to deal with devastating bark beetle damage.
With the support of the Austrian Ombudsman Board, he is now fighting for his rights and discussed his case alongside Ombudsperson Dr Christoph Luisser on the television programme Bürgeranwalt ("Advocate for the People") on 10 October 2026.
The threat of a bark beetle infestation calls for swift action – yet the authority remains unresponsive
It is well known that rotting, damaged timber in the forest acts as a magnet for bark beetles. It is equally well known that bark beetles cause enormous damage to forestry operations. To prevent precisely this scenario, the person concerned applied for the forest road to be widened in May 2020. The Spittal an der Drau district authority rejected the application despite the urgency of the matter. They argued that the upper section of the track was too winding and steep. Furthermore, they claimed it did not provide access to neighbouring plots.
To avoid further delaying the urgent removal of timber, the forester concerned limited the extension to the lower section of the track. However, approval for the amended extension plan was not granted until June 2021.
“The forester has a legal duty under the Forest Act to prevent pest infestations and remove damaged timber. The person concerned has always done exactly what the authority told him to do. In the end, he fell between two stools. Surely this cannot be what the Austrian authority expects,” said Ombudsperson Dr Christoph Luisser, criticising this administrative farce.
No claim for official liability – forest owner left to bear the loss
In the meantime, the entire forest stand has been lost to the bark beetle. According to the owner, around 20 hectares of infested woodland have caused damage amounting to several hundred thousand up to one million euros. A claim for compensation was rejected by the Finanzprokuratur (the lawyer and legal advisor of the Republic of Austria).
In its investigation, the Austrian Ombudsman Board nevertheless criticised the authority’s imprecisely conducted authorisation procedure. The documentation is incomplete, and key procedural steps – such as an on-site inspection that took place – were not recorded. Crucial file notes are also missing. It is therefore not possible to conclusively ascertain how the district authority reached its decision to reject the application.
Ombudsperson Dr Christoph Luisser commented: “One of the most striking aspects of this case is the fact that almost nothing was documented during the administrative proceedings. The authority has a duty to set out all procedural steps in a transparent manner. Anything else is unlawful.”
