Torrent and avalanche defences oppose reforestation

A farmer in Kleinwalsertal complained to the Austrian Ombudsman Board about the torrent and avalanche control organisation (WLV), a subordinate department of the Ministry of Agriculture. Ombudsman Walter Rosenkranz examined the case. In May 2020, the Bregenz district authority had issued a clearing notice for overaged trees, which was to be implemented by the WLV. The family made their land available to WLV for the temporary storage of the felled trees. By autumn 2022, WLV was to reforest the protective forest above the family's home, for which a written agreement was concluded in June 2020. Contrary to this agreement, however, the WLV demanded that the family make a 250-metre-long private path available to the hunters. As the family refused to do this, the WLV refused to reforest, as it would not make sense to plant young trees without reducing the game population.

As part of the protective forest restoration project, the WLV undertook to carry out reforestation measures on two of the family's plots by summer 2021 and autumn 2022 at the latest. In a statement to the ORF, it pointed out that it was being audited by the Court of Audit and that reforestation would not make sense due to the family's refusal to make the private path available for hunting. Use of the path for hunting had already been granted by the farmer's father in the past and it had been assumed that this would continue to apply.

Ombudsman Rosenkranz stated that in the written agreement with the family, the protective forest restoration had not been subject to any conditions and therefore had to be honoured. The agreement to use a path for hunting purposes also applied to another path, the farmer said in the programme. The path in question did not even exist at the time. "The Republic of Austria has a role model effect here and must adhere to concluded contracts," said the Ombudsman. If the path had been intended to be used for hunting, this should have been recorded in the written agreement. Ombudsman Rosenkranz considers it unreasonable that the farmer may have to bring an action against the Republic for compliance with the agreement.

Enquiry: Police did not inform relatives of uncle's death

A Viennese family had contacted the Austrian Ombudsman Board because they had only been informed of their uncle's death by the police when asked, around nine days after his passing. A burial in an anonymous pauper's grave - as in other similar cases - did not take place because the family had expected the uncle, with whom they were in good contact, to attend a Christmas party, but he did not turn up. The police unfortunately did not have the resources to contact the relatives, was the terse reply to the bereaved. "Bürgeranwalt" first reported on the case in June 2023. Even then, Ombudsman Walter Rosenkranz called for clear regulations from the Ministry of the Interior (BMI) on how to proceed in such cases.

However, the Ombudsman's Office has yet to issue the relevant instructions to the Federal Ministry of the Interior almost a year later. The Austrian Ombudsman Board has therefore included the case in its annual report to the National Council and Federal Council, so that hopefully the legislator will bring about a solution.


Translation was AI-generated

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