Polluter pays principle

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The polluter pays principle (English polluter pays principle ) is a principle of environmental policy and means that the economic and social costs of economic activities or omissions are to be borne by their originator. Contrast is usually spoken in cost allocation considerations such as controlling, in the cost accounting or tax law from the " causation ".

The polluter pays principle in environmental protection

Costs for the prevention, removal and compensation of environmental damage should be attributed to the polluter. If the single polluter can not be found or would result from the implementation of the polluter pays principle to serious economic disruption, the public must bear the costs for the common burden principle.

The polluter pays principle in the Bodendenkmalpflege

In the Bodendenkmalpflege the polluter pays principle is applied by analogy. Here it refers to bear the costs for historic preservation measures.

Principle

The polluter pays principle determines the costs for a preceding or accompanying archaeological action ( excavation ) arise, the one on which eliminates a ground monument in their own interest, for example, to carry out a construction project. The conservation laws of the states contain the polluter pays principle partly explicitly and partly it can be derived from the conservation laws relating to general rules of administrative law derived.

Derivation

As far as the polluter pays principle is not explicitly written into the conservation laws, it is derived as follows:

The monument law requires the owner of a cultural monument to get this. Archaeological monuments, such as archaeological sites, according to the conservation laws of all states are cultural monuments. Want to realize an owner interests which conflict with the preservation of the monument (eg a building ), these must be weighed against the public interest in the preservation of the monument. Outweighs the conflicting interest of the preservation of the archaeological monument, then its removal or alteration of the relevant heritage authority be approved.

The resulting impairment of a ground monument can be minimized in their effect, if it is previously documented archaeologically. Thus, although the original substance of the monument ( partially) abandoned them, for any excavation destroys the findings also. In the course of a professional archaeological excavation but produced a documentary, which holds the results and so to a certain extent given the value of the monument to the science and its testimonial character. Documentation work, usually an archaeological excavation so allow a limited " receipt " of the monument in the form of findings and archival data of the findings.

Therefore, a permit damage to or destruction of an archaeological monument is usually provided with the order to document its undamaged state before the damage occurs. This requirement is expressed usually as a support or condition in the planning permission, in a zoning or planning permission. It is necessary condition to start the construction work or to perform, and therefore a necessary part of the construction costs.

Construction costs and the cost of meeting of obligations and conditions carries basically the builder.